Las Vegas Felony Lawyer
Felonies in Nevada
A felony, in Nevada, is defined as a crime with a potential prison sentence of 1 year or more. A felony is more severe than a gross-misdemeanor or a misdemeanor. In Nevada there are several different categories of felonies which range from category “A” through “E”. A category “A”, the highest category, can carry a sentence of death or life imprisonment. The lowest category of is a category “E” which has a potential sentence of 1 to 4 years in prison. Crimes that are considered felonies range from the most severe like murder and sexual assault down to the least severe like possession of a controlled substance. However, all felonies have a potential sentence of prison for a year or more.
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Have you been arrested for a felony in Nevada? If so, contact our experienced Las Vegas felony lawyer today!
Felony Arrests in Las Vegas
When a person is arrested for a crime there are numerous procedures that will occur. A person in custody must appear before a magistrate (Justice of the Peace) within 72 hours (business days). At that time the prosecutor will inform the Court whether charges have been filed. If charges have been filed, a criminal complaint will be handed to the Defendant and the Court will ask whether the Defendant understands the charges. The Court will also ask whether the Defendant is able to retain an attorney. The Court will then set a date for a preliminary hearing. If a Defendant is in custody, a preliminary hearing will be scheduled within 15 days.
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Preliminary Hearing
A preliminary hearing is a formal proceeding where the prosecution must convince the Justice of the Peace, by a small or slight margin, that a crime was committed and that the Defendant committed that crime. A preliminary hearing is merely a formal proceeding to determine whether there is some 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 that a crime was committed. The Defense has an opportunity to cross-examine the witnesses. If the Justice of the Peace determines that the prosecution has demonstrated a scintilla of evidence, the case will be sent up to the District Court. This is an incredibly important stage in the criminal process. It is very important that a Defendant has diligent, competent counsel to represent them.
In Clark County there are several jurisdictions where a preliminary hearing is conducted. If the alleged crime was to have occurred within the limits of the Las Vegas Township, the case will be heard before one of the 9 Las Vegas Justice Courts. Other Clark County Justice Courts are located in North Las Vegas, Henderson, Moapa, Mesquite, Goodsprings, Laughlin, etc.
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Have you been arrested for a felony in Nevada? If so, contact our experienced Las Vegas felony lawyer today!
District Court
In District Court, the Defendant will be formally arraigned. An arraignment is a formal reading of the Information or Indictment* against a Defendant. An arraignment is also where the Defendant enters his plea of not guilty. This will be the first time a Defendant will be able to announce to the Court his plea of not guilty. After the Defendant’s plea, the Court will set a trial date. A Defendant has a right to a speedy trial. A speedy trial is typically within 60 days of the Defendant’s arraignment. However, a Defendant should be aware that there are several reasons why a Defendant may not be tried within 60 days.
The Clark County District Court is located in the Regional Justice Center in Las Vegas. Any crime that is alleged to have occurred in Clark County would be processed up to the Clark County District Court.
*An indictment is a charging document that has been approved by the use of a grand jury. A grand jury proceeding is a secret proceeding, where the Defendant or his counsel has no right to be present. After the prosecution has presented witnesses and evidence the grand jury will deliberate to determine whether charges should be filed against the Defendant.
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Jury Trial
In the State of Nevada, a trial is conducted before a jury of 12 people. The jurors are generally picked from a pool of jurors before a trial has commenced. During a jury trial prosecuting body must prove their case beyond a reasonable doubt. The jury will decide whether the prosecution has convinced the jury beyond a reasonable doubt. If the jury unanimously decides that the State has proven their case beyond a reasonable doubt, then the jury will return a verdict of guilty. If the jury unanimously decides that the State has not met their burden then the jury will return a verdict of not guilty. If the jury cannot decide on a verdict, then the jury is considered to be a “hung jury,” and a mistrial is declared. At that time the prosecution will decide whether to conduct another trial.
If you or someone you know is charged with a crime give us a call for a FREE CONSULTATION or submit your case in the Ask the Lawyer section.
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Have you been arrested for a felony in Nevada? If so, contact our experienced Las Vegas felony lawyer today!
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