20 Commonly Asked Questions About Criminal Law in Las Vegas
Southern Nevada Criminal Law Information
1: Should you give a voluntary statement?
You are not required to speak to the police when they ask you questions regarding a crime. You have the right to remain silent. You should only produce identification if asked by the police.
2: Should you allow a search and seizure of your property when asked to do so by the police?
Do not give the police permission to search your personal property unless they present proper credentials and a search warrant. Read the complete search warrant to determine the scope and ask to watch the search proceedings.
3: Should you be polite and courteous with police?
Do not give the police any reason, such as being impolite or discourteous, to escalate the situation.
4: What is considered resisting arrest?
It means being uncooperative during an arrest. Be pleasant and obey movement requests. Do not give statements or allow searches to your property.
5: Should you give voluntary samples of body fluids, fingerprints, handwriting and/or clothing to the police?
You do not have to give these items to the police without a court order. Speak to your attorney before providing any of these.
6: Do you have to take a polygraph or lie-detector test?
You are considered giving a statement when taking this test. Speak to your attorney before consenting to taking one. The test is not admissible in court.
7: Do you have the right to ask if you are under arrest?
You should always ask if you are under arrest and ask the reason for the arrest.
8: How long should you wait before hiring an attorney?
When charged with a crime you should hire a defense attorney early to enable your attorney to prepare your defense strategy.
9: Should you tell your attorney all the facts regarding the case?
Your defense attorney can not give you the best representation if he/she does not know all the facts about the case. When you are honest with your defense attorney they can do a better job of protecting your rights.
10: How should you choose the right defense attorney for your case?
You should look for a defense attorney who has experience with the type of case that you would like them to represent you on. Look for the amount of experience that defense attorney may have and the case results they have obtained. Choosing an experienced and skilled defense attorney can have tremendous affect on the outcome of your case. Many times an experienced defense attorney can have your case either dismissed or reduced.
11: What is the next step if you are arrested?
You will have your initial appearance called an arraignment before a judicial officer known as a magistrate. No testimony or evidence is presented at the arraignment. You are presented before the magistrate and you are given a copy of the formal written charges against you. A Not Guilty plea is entered and the next court date is set.
12: When will bail be set?
Bail will be set upon your initial appearance with the magistrate. It is a constitutional guarantee that reasonable bail be set except in capital (murder) cases.
13: What is a Preliminary Hearing?
A Preliminary Hearing is the evidentiary hearing where the prosecutor presents evidence. At the Preliminary Hearing the prosecutor must show the judge that there is probable cause to believe that 1) A crime was committed and 2) The defendant committed the Crime.
Probable cause is defined as slight or marginal evidence, proof beyond a reasonable doubt is not required at the preliminary hearing. If the judge finds that there is probable cause, then the judge sets an arraignment in the District Court. The purpose of the arraignment will be to set a jury trial. If the judge does not find that there is probable cause the case is dismissed.
14: When will the trial date be set?
The defendant may request that the trial be set within 60 days of the District Court arraignment. However, if the defendant is out of custody, it is not likely that the trial will occur that soon. Out of custody trial date can be four to eight months after the District Court arraignment. Even though the trial date is set it can usually be continued if either side can show cause or the judge's docket is full.
15: Would the case need to be heard before a jury?
A District Court Trial is heard before a jury. 12 jurors are selected. The prosecutor and the defense attorney go through a process to agree on those 12 jurors.
16: What happens when the trial begins?
The prosecutor gives his opening statement. The defense attorney can either give his opening statement after the prosecutor or wait until the beginning of the defense case. The prosecutor calls his first witness and asks questions. The defense attorney cross-examines the witness. Other witnesses follow in the same manner. Documents or objects may be admitted into evidence. When the prosecutor is finished with his witnesses, the defense begins calling his witnesses and the prosecutor may cross-examine each witness. At the end of the evidence and witnesses the judge will give "Instructions of Law" to the jurors. Next the prosecutor will give his closing argument after which the defense attorney presents a closing argument. Then the prosecution gets the last word consisting of a rebuttal.
17: What happens during a jury deliberation?
The jury retires to deliberate until they come to a unanimous verdict. If they can not come to a unanimous decision it is considered a mistrial and another trial will have to be held. If the verdict is not guilty the defendant goes free. If the verdict is found guilty a time is set for sentencing.
18: When does sentencing occur?
Sentencing will normally occur 30 to 45 days after the jury verdict. The defendant will be interviewed by the State of Nevada Department of Parole and Probation for the purpose of preparing a Presentence Investigation Report that will be given to the judge, the prosecutor, the defense attorney and the defendant prior to the actual sentencing hearing.
19: What if my case is a Misdemeanor?
For a misdemeanor, your Pre-Trial date will be set after the arraignment. At the Pre-Trial the prosecution and the defense attorney will discuss possible plea bargains. If both sides come to an agreed plea bargain the plea will be entered at that time. If both sides can not come to an agreed upon plea bargain, then the matter will be set for trial.
20: What happens in a misdemeanor trial?
In the state of Nevada a person accused of a misdemeanor crime is not entitled to a jury trial. A judge will listen to the evidence and decide whether or not the prosecutor has proven the case beyond a reasonable doubt. If the case is proven beyond a reasonable doubt, the judge will enter a verdict of guilty and in most instances the judge will sentence the defendant at that time. If the case is not proven beyond a reasonable doubt the judge will enter the verdict as not guilty.
Las Vegas Criminal Defense Lawyer Pat McDonald is ready to help you, please contact him today at 702.280.7715 or pat@lvbestdefense.com.
