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 Statutes 175.011, any defendant facing a sentence of more than six months is entitled to a trial by jury, except that 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.

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), who are capable of rational thought and understand the nature/purpose of court proceedings and 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 may 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 Does it Mean to be Indicted in Nevada?

In Nevada, being indicted means that a grand jury has reviewed your case and relevant evidence and found probable cause to charge you in court. Also called a true bill, a grand jury panel indictment is often used for serious crimes such as felonies or RICO cases. A true bill does not mean you are guilty of the charge or offense. The prosecution gathers the case files for presentation to the jury panel of 16 to 23 members (Nevada Revised Statutes Chapter 172 and173). The panel carefully checks the evidence and may call witnesses to testify to reach a fair agreement.

The agreement to indict is reached by voting within the grand jury panel. There typically must be at least 12 votes from a quorum in favor of the indictment. Following the voting process, which is done in private,an indictment is returned and filed in the court. This begins the criminal proceedings against the defendant, who has been served with the indictment document. The defendant or prosecutor may challenge the true bill based on the individual panel members or the grand jury array based on Nevada Revised Statutes 172.055.

Does Indictment Mean Jail Time in Nevada?

No, if you are indicted in Nevada, it does not translate to automatic jail time because you have not been found guilty of the charge. If you are arrested before your indictment, you may be held in custody until the law exonerates you or pending the trial. The Nevada Revised Statutes 178.4849 provides that offenders are entitled to a pretrial release hearing, which typically must take place within 48 hours after an arrest. Sections 178.4851 and 178.4853 of the Nevada Revised Statutes provide for bail and bail conditions requiring the courts to use the least restrictive means necessary for public safety and to ensure the defendant appears in court. However, Nevada Constitution Article 1, § 7 provides that everyone is bailable except when they are charged with capital offenses or crimes punishable by life without parole.

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 may 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 be in either 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 Look Up 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 may 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 at the list's end. Confidential records cannot be accessed online.

Nevada criminal records may also be 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.

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 may be redacted.