What Do You Do if You Are On Trial For a Crime in Nevada?

When an individual is charged with a crime in Nevada, they are usually advised to seek legal counsel or request a state-appointed attorney if they cannot afford one. The attorney may guide the alleged offender through the judicial proceedings established by the Nevada Judiciary.

According to Nevada Revised Statute 175.011, any defendant facing a sentence of more than six months is entitled to a trial by jury, except they opt to waive this right. During the pretrial, the alleged offender may plead guilty or not guilty. Guilty pleas may lead to instant sentencing. A defendant who pleads not guilty to the charge of a capital offense typically undergoes a jury trial. The court sets bail/release conditions as early as the initial appearance.

Nevada criminal records are also accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

What Percentage of Criminal Cases Go to Trial in Nevada?

According to the 2019 annual report, 130,002 criminal cases were filed in Nevada across the three trial courts: district, justice, and municipal courts. The criminal litigations include non-traffic misdemeanors, gross misdemeanors, felonies, and criminal appeals. Approximately 96% of all criminal filings in Nevada lead to criminal dispositions after undergoing varying trial stages.

When does a Criminal Defendant Have the Right to a Trial?

In Nevada, only competent defendants, as defined by Nevada AB 377 (2017), are capable of rational thought, and understand the nature/purpose of court proceedings as well as the kind of charges they face may stand trial. 

A trial may only begin within 72 hours of arrest when probable cause exists. Also, following the Sixth Amendment of the US Constitution, offenders involved in criminal prosecutions have the right to a speedy trial.

What are the Stages of a Criminal Trial in Nevada?

According to the Nevada Criminal Rule of Practice, the various steps of a Nevada bench/jury trial are:

• Initial appearance and arraignment
• Pleas of guilty
• Release and detention
• Discovery
• Pretrial motions
• Jury instructions and exhibits
• Sentence (depending on the verdict reached)
• Appeal

How Long Does it Take For a Case to Go to Trial in Nevada?

In Nevada, the time taken for a criminal case to go to trial is proportional to the severity of the offense. However, on average, court proceedings can take place within 60 days. Various circumstances may delay a case from moving into the trial phase, such as if the accused person has a pending court action.

What Happens When a Court Case Goes to Trial in Nevada?

A criminal trial in Nevada may be lengthy and broad, even if the offense is minor. Different processes should be duly followed in and out of court before a case can be closed, aligned with the Nevada Criminal Rule of Practice. The arraignment is usually the defendant's first appearance in court. Depending on the offense and type of case, it may either be in a Nevada justice court or a municipal court. When the arraignment starts, the prosecution usually presents the defendant with a complaint listing the crimes allegedly committed.  After presenting the evidence, the accused person pleads not guilty or guilty.

The judge may impose a sentence if a defendant is found guilty or pleads guilty to a crime during the trial. Sentencing may take place immediately for minor offenses. For felonies and misdemeanors, the judge may set a date several weeks ahead to provide both sides ample time for preparation. The judge may also hand down sentences including incarceration, fines, probation, rehabilitation programs, community service, and other court orders.

In justice courts, juries are typically employed if the defendant writes to the court 30 days before the trial begins. Bench trials are less costly and shorter than jury trials because there is no lengthy jury selection process.

Can You Be Put on Trial Twice for the Same Crime in Nevada?

No. According to Article 1, Section 8 of the Declaration of Rights in the Nevada state constitution, no person shall be put in jeopardy twice for the same offense or forced to be a witness against themselves in any criminal case. The section also makes provisions for the rights of accused individuals in criminal prosecutions.

How Do I Lookup a Criminal Court Case in Nevada?

All criminal cases are initially heard either in a municipal or a justice court, depending on the nature of the offense and where the crime allegedly occurred. Individuals who wish to review criminal court cases can visit the court that heard them. Looking up a court case on a third-party website usually requires information seekers to provide the details to facilitate the record search.

How to Access Electronic Court Records in Nevada

Nevada’s Supreme Court provides a service portal that maintains electronic records of all cases filed in court. The case files are searchable by party name and case dockets. In the case dockets, information seekers may enter the five-digit case number and select search. Parties may also search by a caption or provide the appellant's/company's name. Docket entries are usually displayed according to cases filed, with the most recent document found at the end of the list. Confidential records cannot be accessed online.

How Do I Remove Public Court Records in Nevada?

Nevada’s Rules regarding sealing and redacting court records permit courts to seal court records following the request of eligible persons. Sealing criminal records enhances employment chances and educational and housing prospects of the subject of the record. However, removing a case record after it has been closed could take a long time, depending on the severity of the crime.

Sealing a court record in Nevada involves filing a motion at the court where the trial took place. Once a petition has been filed, the case document becomes inaccessible to the public until the court decides whether or not to seal the record. The court may also choose to conduct a hearing. Per the state statutes, only a part of a case file can be redacted. Total sealing is not permitted. If the court decides to seal the record, the petitioner will receive a copy of the order.