Are you dealing with criminal law in Las Vegas? Getting arrested can be an extremely confusing and frightening experience. In Las Vegas, even minor offences can lead to a lengthy process, and the criminal trial process is unfamiliar and confusing for most people.

Here are the top 7 things you need to know about the criminal law process in Las Vegas and what to expect. If you want to speak to a lawyer who does criminal law, fill out the contact form. Clearway can try to get you in touch with an attorney. There are over 500K attorneys on our website.

When the police suspect someone has committed a crime, they investigate and gather evidence. Their findings are then submitted to the District Attorney, who decides if sufficient evidence exists to press charges.

The D.A. can then provide a sworn statement or criminal complaint to the court, where the suspect is charged with a crime. A judge will decide if there is probable cause to continue with the process, in which case they will issue an arrest warrant for the suspect.

Grasping the Basics of Criminal Law in Las Vegas

The D.A. can instead present the findings to a grand jury, but this is usually only done for very serious or high-profile cases. The grand jury comprises a panel of citizens who only hear the evidence presented by the prosecutor.

They then decide whether there is sufficient evidence to press charges, in which case they return an actual bill. This allows the D.A. to file an indictment, which will lead to the defendant’s arraignment on the charges. However, if an officer has probable cause to believe that someone has committed a crime, they may arrest the person at that moment. Examples of this include a DUI offence or shoplifting.

When arresting someone, the police must ensure that they follow protocol and any evidence is obtained lawfully. They are also legally required to read the suspect’s Miranda rights. The suspect will then be taken to jail for booking, where they will have their fingerprints and mug shots taken and wait in a holding cell until a judge has set bail.

For minor offences, including traffic violations, officers may issue a citation, stating a date and time for the person to appear in court. This is still a criminal charge.

Criminal Law In Las Vegas Bail

In some cases, suspects may only be released from jail upon paying “bail” money to the court, which functions as a deposit, ensuring that the defendant will attend all required court appearances and follow the court’s orders.

Regardless of whether or not the person is convicted, they will get their bail money back once their criminal case has ended.

More severe crimes carry higher bail amounts. Depending on the severity of the crime, judges may refuse bail entirely. In other instances, such as minor crimes, suspects may be released for no bail on their “own recognizance in Nevada”.

Arraignment

The arraignment tends to be the first time that the defendant appears in court. The prosecution will present the defendant with the information on the charges against them.

The defendant will then enter a plea. If a guilty plea is entered, the case moves on to sentencing. The case will move to a trial if a not-guilty plea is entered.

Pretrial

During the pretrial phase, the D.A. has to provide the defence attorney with all the evidence they intend to use against the defendant, including any evidence that may be in the defendant’s favour. Both attorneys also argue over what evidence may be presented at the trial. The case and charges may be dropped if critical evidence is thrown out.

During this phase, plea bargains can also be discussed. Although a judge is not obliged to agree to a plea bargain, they usually do. In such a situation, the case moves to the sentencing stage.

Jury trials are only available to defendants who are facing more than six months in prison or charges of misdemeanour battery and domestic violence.

However, anyone charged with a crime in Nevada is entitled to at least a bench trial, which involves a judge, instead of a jury, deciding on the verdict. Before the trial, both sides will have the opportunity to question jurors during the voire dire of the jury to determine if jurors are fit to serve.

An Overview of Criminal Law in Las Vegas

Both sides have up to four peremptory challenges (or eight in a case carrying the potential for life imprisonment or the death penalty), where they can strike a juror without reason.

Both sides may ask the court to issue subpoenas during the trial, forcing witnesses to testify in court. The defendant is not required to take the stand during the trial. The defence also has the right to cross-examine witnesses and introduce evidence in their defence. The burden of proof is upon the state, and it must prove beyond any reasonable doubt that the defendant is guilty of the crime.

Sentencing

A judge will impose a sentence if a defendant is found guilty or pleads guilty to the charges. For cases involving minor crimes, sentencing may take place immediately. However, for more serious cases, it may take several weeks.

During the sentencing, both sides will have the opportunity to present evidence to the judge and argue for/against a lighter sentence. Sentencing may include fines, community service, probation, or prison time.

In Nevada, sentences for felonies can range from one year to life in prison or even the death penalty. If the defendant is convicted of multiple crimes, the judge decides whether these sentences will be carried out concurrently or consecutively.

Criminal law in Las Vegas can be complex and confusing. Having a lawyer beside you can be vital to ensure that you fully understand what happens at each step of the process, your rights, and what may happen at the end of your case.

Not only will they steer you through the process, but they will defend your interests and work together with you to achieve the best outcome for your case.