The Criminal Court Process in Nevada – How It Works
Contents
- 1 The Criminal Court Process in Nevada – How It Works
- 2 Step 1: Charges Filed – Information or Indictment
- 3 Step 2: Arrest and Booking
- 4 Step 3: Bail Hearing
- 5 Step 4: Arraignment
- 6 Step 5: Pre-Trial Proceedings
- 7 Discovery
- 8 Pre-Trial Motions
- 9 Plea Bargaining
- 10 Step 6: Trial
- 11 Step 7: Sentencing
- 12 Step 8: Appeals
- 13 Why Choose Spodek Law Group?
The Criminal Court Process in Nevada – How It Works
If you’ve been charged with a crime in Nevada, you’re likely feeling overwhelmed and uncertain about what comes next. At Spodek Law Group, we understand how stressful this situation can be. Our experienced criminal defense attorneys are here to guide you through every step of Nevada’s complex criminal court process.With over 50 years of combined experience handling criminal cases in Nevada, we know the system inside and out. We’ll use our knowledge and skills to protect your rights and fight for the best possible outcome in your case. Let’s walk through the key stages of the criminal court process in Nevada so you know what to expect.
Step 1: Charges Filed – Information or Indictment
The criminal process begins when formal charges are filed against you. In Nevada, this typically happens in one of two ways:
- Information: The district attorney files a sworn statement called an “information” with the court, charging you with a specific crime. A judge then reviews it to determine if there’s probable cause.
- Indictment: For more serious cases, the DA may present evidence to a grand jury. If the grand jury finds sufficient evidence, they return an indictment.
Important: There are statutes of limitations for most crimes, meaning charges must be filed within a certain timeframe. However, there’s no time limit for very serious crimes like murder.At this stage, it’s crucial to have an experienced criminal defense lawyer on your side. We can review the charges against you and start building your defense strategy right away. Don’t wait – call us at 212-300-5196 for a free consultation.
Step 2: Arrest and Booking
Once charges are filed, law enforcement will arrest you if you’re not already in custody. This can happen in a few ways:
- Arrest warrant: If the judge finds probable cause based on the information or indictment, they’ll issue an arrest warrant.
- Probable cause arrest: Police can arrest you without a warrant if they have probable cause to believe you committed a crime.
- Citation: For minor offenses, you may simply be issued a citation to appear in court.
After arrest, you’ll be taken to the police station for booking. This involves:
- Taking your fingerprints and photo
- Recording your personal information
- Conducting a background check
- Confiscating your personal property
Remember: You have the right to remain silent and the right to an attorney. Don’t say anything to the police without your lawyer present. Call us as soon as possible at 212-300-5196, and we’ll be there to protect your rights.
Step 3: Bail Hearing
Within 72 hours of your arrest, you’ll have a bail hearing before a judge. The judge will determine whether to:
- Release you on your own recognizance (O.R.)
- Set bail and conditions for release
- Hold you without bail
Factors the judge considers include:
- Severity of the charges
- Your criminal history
- Ties to the community
- Flight risk
- Danger to public safety
Our attorneys will fight hard to get you released on O.R. or secure the lowest possible bail amount. We’ll present evidence of your community ties and argue for your release.Pro Tip: If you can’t afford bail, we may be able to help you get a bail reduction or explore alternatives like supervised release programs.
Step 4: Arraignment
Your arraignment is your first court appearance after arrest. Here’s what happens:
- The charges against you are formally read
- You enter an initial plea of guilty, not guilty, or no contest
- The judge sets future court dates
For misdemeanors, this may happen quickly after arrest. For felonies, it occurs after the preliminary hearing or grand jury indictment.Key Point: In most cases, we’ll advise you to plead not guilty at arraignment. This preserves all your rights and gives us time to investigate and build your defense.
Plea Options | What It Means | Typical Usage |
---|---|---|
Guilty | Admit to the charges | Rarely advised at arraignment |
Not Guilty | Deny the charges | Most common initial plea |
No Contest | Don’t admit guilt but accept punishment | Used in plea bargains |
Step 5: Pre-Trial Proceedings
The pre-trial phase is critical for building your defense. Key steps include:
Discovery
We’ll obtain all evidence the prosecution has against you, including:
- Police reports
- Witness statements
- Physical evidence
- Lab results
We’ll thoroughly review everything and look for weaknesses in the state’s case.
Pre-Trial Motions
We may file various motions to strengthen your position, such as:
- Motion to suppress evidence
- Motion to dismiss charges
- Motion for change of venue
Plea Bargaining
We’ll negotiate with prosecutors to potentially:
- Reduce charges
- Lessen penalties
- Secure a favorable plea deal
Remember: We’re master negotiators, but the final decision to accept a plea or go to trial is always yours.
Step 6: Trial
If your case goes to trial, here’s what to expect:
- Jury selection (unless you opt for a bench trial)
- Opening statements
- Prosecution presents its case
- Defense presents its case
- Closing arguments
- Jury deliberation
- Verdict
We’ll be there every step of the way, fiercely advocating for you and challenging the prosecution’s evidence.Did you know? In Nevada, jury verdicts must be unanimous in criminal cases. Even one holdout juror can result in a hung jury and mistrial.
Step 7: Sentencing
If you’re found guilty or accept a plea deal, the next step is sentencing. The judge will consider factors like:
- Severity of the crime
- Your criminal history
- Mitigating circumstances
- Victim impact statements
Potential sentences may include:
- Probation
- Fines
- Jail or prison time
- Community service
- Rehabilitation programs
We’ll fight for the most lenient sentence possible, presenting evidence of your good character and any mitigating factors.
Step 8: Appeals
If you’re convicted at trial, you have the right to appeal. Grounds for appeal might include:
- Legal errors during trial
- Insufficient evidence
- Juror misconduct
We have extensive experience with appeals and will carefully review your case for any potential issues.Important: There are strict deadlines for filing appeals, so contact us immediately if you want to pursue this option.
Why Choose Spodek Law Group?
Navigating Nevada’s criminal justice system is daunting, but you don’t have to do it alone. Here’s why our clients trust us:
- 50+ years of combined experience in criminal defense
- Aggressive advocacy – we fight tirelessly for our clients
- In-depth knowledge of Nevada laws and court procedures
- Strong relationships with prosecutors and judges
- 24/7 availability – we’re here when you need us
Don’t let a criminal charge derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We’ll review your case, explain your options, and start building a powerful defense strategy.Remember, your future is at stake. Make the smart choice and put our experienced legal team on your side. Together, we’ll fight for your rights and work towards the best possible outcome in your case.