Felonies in Las Vegas Drug
Understanding Felonies in Southern Nevada
A felony is a crime punishable by 1 year or more in the state prison. Certain felonies carry a punishment of life in prison or the death penalty. Felonies fall into categories A-E.
The highest category, "A" can carry a sentence of death or life imprisonment.
Crimes such as murder and sexual assault fall into the "A" category.
The lowest category, "E" has a potential sentence of 1-4 years in prisons.
Crimes less severe, such as possession of a controlled substance fall into the "E" category.
Arrest
If you are arrested for a crime, the following procedures will occur:
Booking
Once you arrive at any jail or detention center, you will start out in a holding cell.
From there, your photo and fingerprints will be taken.
A thorough search will be conducted, and routine questions concerning background information will be asked.
If your case began with a summons instead of an arrest, you may be required to submit to the booking procedures too.
You can be granted a release on your own recognizance, after the procedures are completed, or you may have to post a bail bond prior to being released.
Determination of Bail
Bail is initially set by the arresting officer or by the intake services at the detention facility
The amount of bail is set according to the bail schedule, as published by the courts.
Sometimes, a person will receive an O.R. (own recognizance) and not required to post any bail.
The crime, or crimes, with which a person is charged, carry the most weight when determining if an O.R. is appropriate.
The person's prior criminal convictions, if any, and whether the person ever failed to appear in court contribute to whether or not an O.R. is granted.
Consideration is given to a family, employment, and level of education when granting an O.R.
If the crime is a violent offense, it is less likely the person will be granted an O.R.
If bail is required, it may be posted with cash or bond, unless the court has specified cash only.
A bondsman will need collateral, and will add a 15% fee to the total bond. The bondsman's 15% fee will not be returned when the bond is exonerated by the court.
Initial Arraignment
A person in custody must appear before a judge within 72 hours.
If charges have been filed, a criminal complaint will be presented to the Defendant.
The Court will ask the Defendant if they understand the charges.
The Court will ask the Defendant if they are able to retain an attorney
The Court will set a date for a preliminary hearing for a felony or gross misdemeanor, or a trial date for a misdemeanor.
If the Defendant is in custody for a felony or gross misdemeanor, the preliminary hearing will be scheduled within 15 days.
Preliminary Hearing
A preliminary hearing is a formal proceeding where the prosecution must present evidence to convince the Justice of the Peace, by slight or marginal evidence, that a crime was committed and the Defendant committed the crime.
A preliminary hearing is a formal proceeding to determine whether or not there is evidence to warrant going to trial.
At the preliminary hearing, the prosecution must present witnesses and evidence to show by a small margin of evidence a crime was committed.
The Defense has an opportunity to cross-examine the witnesses.
If the Justice of the Peace determines the prosecution has demonstrated evidence, the case will be sent to the District Court.
District Court Hearing
The Defendant will be formally arraigned.
An arraignment is a formal reading of the information, or indictment, against the Defendant
This is where the Defendant enters his plea of not guilty.
The Court will then set a trial date.
A Defendant has a right to a speedy trail, typically within 60 days of the date of the arraignment.
Jury Trial
A trail is conducted before a jury of 12 people in the State of Nevada.
Jurors are generally picked from a pool of jurors before a trail has commenced.
During a jury trial, the prosecution must prove beyond a reasonable doubt that the accused committed the crime.
The jury will decide if the prosecution has proven the case beyond a reasonable doubt.
If the jury unanimously decides the State has proven the case, a verdict of guilty will be returned.
If the jury unanimously decides the State has not met the burden of proof, they will return a verdict of not guilty.
If the jury cannot decide on a verdict, a mistrial is declared.
At that time, the prosecution will decide whether or not to conduct another trial.
If you or anyone you care about has been arrested or will soon be arrested for a felony crime, contact Pat McDonald immediately at 702.280.7715 or pat@lvbestdefense.com.
