Joe Morgan

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A defendant is constitutionally entitled to a prompt hearing after being taken into custody from pretrial release, and at that hearing, the State bears the burden of demonstrating probable cause. A violation of a condition of a pretrial release may lead to statutory sanctions, and the court does not recognize a distinction between so-called “technical” and “substantive” violations. NRS 178.4851 and Valdez-Jimenez require the district court to make findings of fact on the record that each condition of pretrial release is the least restrictive means of ensuring public safety and the defendant’s return to court.

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