In Nevada, a lengthy court process could characterize even a seemingly minor criminal case. Several procedures must be followed in and out of the court before the closure of a case. After an arrest, you will be uncertain about what to expect, especially if it is your first encounter with the law. Encountering the unknown could make an already frightening experience scarier. Typically, the criminal court process in Nevada is as follows:
Pre-file Investigation
When the police suspect you have committed an offense, they will conduct a pre-file investigation. During a pre-file investigation, the prosecutor and the police examining your criminal activity will determine whether sufficient evidence exists for you to be arrested and face criminal charges. The police will give their findings to the District Attorney (DA) after concluding a pre-file investigation. The DA has two choices on how to proceed if he/she chooses to press charges. The first is to present a sworn statement to the court that charges you with the offense or give the findings to a grand jury but not the judge. Prosecutors rarely opt for grand juries unless it is a severe or high-profile case.
The Arrest
The police would arrest you if they have ''probable cause'' to believe that you committed an offense. At times, the police could arrest you after carrying out an investigation where they ask the judge for an arrest warrant. Alternatively, the police could arrest you right after you commit the offense without securing a warrant.
Following your arrest, the law enforcers could search your body for weapons, drugs, or other crime-associated paraphernalia. The law enforcers must also read your Miranda Rights before questioning you regarding the said offense. The officers will eventually take you to custody for booking. During booking, the police will take your fingerprints, take your mugshot, and conduct a more thorough search. You will then stay in the holding cell awaiting the judge to determine bail.
Police Interrogation
The police gather substantial evidence that the prosecutor can utilize to create a case against you. One of the things the police will do to obtain sufficient evidence to back accusations that you allegedly committed an offense is to ask you several questions. The interrogation process can be intimidating because the police could use any necessary means to obtain information from you. For example, they could act like your friends or even lie to make you believe them and divulge information.
You should not respond to any of the police’s questions without the presence of an attorney. You have a constitutional right to remain silent. Remember that anything you say could and will be used against you in court.
The Arraignment
When the police arrest you and put you behind bars, they must take you to court within 72 hours of your arrest. This arraignment is your initial court appearance. After that, the charges against you will be read, and you could be asked to enter a plea.
Setting Bail
The judge could also set bail during your arraignment. Bail is the amount of money you post with the court to gain freedom from custody. Bail prevents you from staying in custody for a long time while your charges are pending. Bail is a guarantee that you will honor all the court-set hearings. When you attend all the necessary court hearings, the bail money is refunded to you.
Bail is often granted for most offenses in Nevada unless for severe crimes like first-degree murder. The bail amount will depend on the judge's determination or a pre-set schedule. The court could also release you on your own recognizance, depending on the severity of the alleged crime. Sometimes, the judge could deny you bail, meaning that you will remain in custody until the conclusion of your case.
Preliminary Hearing
If the court charges you with a felony or a gross misdemeanor, the preliminary hearing will be set, which happens in the court of justice. At the hearing, the judge will decide if the police had probable cause to arrest you. Evidence will be presented to support the allegations that you committed the said crime.
In Nevada, the law allows you to scrutinize witnesses and contest the evidence. Your case could be dismissed if the judge determines that there was no probable cause to arrest you. On the other hand, your case will proceed to a district court if they believe probable cause exists.
Plea Bargain
Your criminal defense attorney could enter negotiations with the prosecutor at any time during the criminal court process to try to resolve your case out of court. For example, you could be required to plead guilty to the crime you committed in exchange for a reduced sentence or lesser charges.
Court Trial
The prosecutor will try to prove your guilt during a trial by presenting evidence against you. Your attorney could contest the charges brought against you by presenting their own witnesses or evidence. You will face a bench trial in a justice or municipal court if you are charged with a misdemeanor. You could face a jury trial in a district court if you are accused of a gross misdemeanor or a felony.
The Sentencing
You will be set for sentencing if you are found guilty or if you plead guilty to the charges. The judge will decide on the sentence to impose on you. You could face an immediate sentence if you are convicted of a minor offense. However, your sentencing could be scheduled for weeks if you are charged with a serious crime.
The Appeal
Being convicted in Nevada does not mean your case is over; you could still appeal the court’s decision. You can allege that the sentence or the guilty verdict was unwarranted. However, your appeal must be based on a legal mistake that affected the results of your case.
Sealing Of Your Criminal Record
If you are charged with an offense, this information will be on your criminal history for life. The good news is that Nevada law permits record sealing. After sealing your criminal record, the information about your arrest and conviction will not be available on public domains.
Find an Experienced Nevada Bail Bond Agent Near Me
The Nevada criminal court process can be confusing, especially if it is your first time to face an arrest. However, knowing what to expect in advance makes the process easier. If you or your loved one faces an arrest for a violent crime in Nevada and need bail, contact Express Bail Bonds at 702-633-2245 for bail bond services.
