Criminal Process in Las Vegas, Nevada

The court process for criminal cases

Simple criminal cases, such as misdemeanors in Las Vegas, Nevada, are handled in Las Vegas Justice Court (e.g., shoplifting, possession of marijuana, and traffic tickets). More serious cases, such as felonies (e.g., narcotics/drug trafficking, weapon charges, grand larceny), are tried in Nevada's 8th Judicial District Court. The District Courts also hear appeals from the justice court.

How criminal cases get started

The criminal process in Nevada can start in two ways: (1) With the arrest of a person who broke the law at the scene of a crime, or, (2) in some cases with a citation (also known as a summons or a court order) to appear in court.

When the person is arrested at the scene of a crime, the police take that person into custody, interview available witnesses, and ask the accused to give a statement. The information in the statement given by the accused can be used later to acquit or convict the person. In addition, the police report may also contain the results of the investigation, forensic results, and lab test results.

Miranda rights definition

Once arrested, a police officer must inform the person that they have the right to remain silent, contact an attorney, and have an attorney present during questioning (Miranda Rights). The police must also inform you that the court may appoint a lawyer (public defender) to defend you if you can't afford one.

Getting a public defender

Not everyone is qualified for a public defender. To qualify, your income must fall below a certain threshold. If you have a pending charge against you in Las Vegas, Nevada, or you know that you will be charged with a crime, it is in your best interests to speak with an attorney. We encourage you to call us at 702-432-1000 to discuss your case.

Charges are officially filed

Not all police reports result in filed charges. Nevada's district attorney reviews the police reports and decides what is relevant and if there is enough sufficient evidence to charge the arrestee of the crime. If so, the district attorney will officially file a criminal complaint form (also known as an indictment) with the court. By filing this official document, the state sets out the claim that a person has committed a crime.

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Time limitations

The statute of limitations for misdemeanor charges in Nevada is one (1) year and one (1) day.

There is no time limit to file criminal charges in felony cases.

Arraignment hearing

Arraignment is the defendant's first court appearance. At the arraignment, the judge reads the charges against the defendant and asks how the defendant would like to plea.

Most defendants say, "Not guilty." Saying "Not guilty" doesn't prevent the defendant later from changing their plea to "guilty" or "no contest / nolo contendere". Nolo means the defendant is not contesting the charges but does not admit guilt.

Keep in mind, the judge doesn't have to accept a deal. The deal is only a recommendation to the judge made by the prosecuting attorney and the defense. The judge has the power to overrule that recommendation.

After the arraignment

The attorney for the defendant asks the prosecuting attorney for a copy of your "discovery" - police reports, forensic test results, witnesses' statements, and/or any other proof that the arrested person committed a crime. At the same time, the attorney for the defendant will try to negotiate a plea bargain with the prosecutor. In about 90 percent of all criminal cases in the U.S., defendants enter into plea deals rather than go to trial.

If the prosecutor will not agree to a fair plea deal, then the only other option is to go to trial.

Being released on bail

The bail is set within the court’s discretion and on a case-by-case basis. In most cases, the bond is set on the day of the arraignment or sometimes before the arraignment.

The judge may place certain conditions on the defendant to make sure that he or she will return to court if released from custody. As a rule, individuals have the right to be released on bail if they can provide sufficient collateral. The defendant can contact a bail bonding agency or pay bond in cash. If the defendant fails to appear for a court date, the court will keep all of the money, and a bench warrant will be issued.

Being released without bail

In some cases, the court can also release a defendant without bail. This is called an "O/R release."

Jury trial vs. Bench trial

In felony cases, the defendant is entitled to a jury trial.

In misdemeanor cases, there is no jury, only a judge. A bench trial involves only a judge who determines guilt and the sentence.

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What happens at the trial?

During the trial, the state's attorney must prove a defendant guilty beyond a reasonable doubt and by a unanimous verdict of 12 jurors.

Court of appeal

When a person feels that the trial was unfair and the verdict was wrong or too harsh, they may request the higher court (appellate court) review the conviction. This is called an appeal.

There are strict time limits for the filing of a notice of appeal.

If you have any questions regarding appeals in Las Vegas, Nevada, or you are planning to file an appeal, call a criminal defense attorney at Heshmati & Associates at 702-432-1000 to discuss your case.

We can help

The information in this article is not a substitution for legal advice. If you are facing criminal charges in Las Vegas, Nevada, you need to retain a good criminal defense attorney to protect your rights. The office of Heshmati & Associates handles hundreds of criminal defense cases, from domestic violence to complex drug charges and everything in between.

The initial consultation is always free. If you have a question about the criminal process or to schedule an appointment, call 702-432-1000.

Payment plans are available.

Walk-ins are welcome.

The attorneys at Heshmati & Associates represent clients in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Clark County and throughout the surrounding areas of Nevada.

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