| Attorney Ross Goodman 520 S 4th St, Las Vegas, NV 89101 Phone: (702) 383 – 5088 Fax: (702) 385 – 5088 |
A criminal
case like domestic violence takes a long process in Nevada. That is why you
need to hire an excellent and Experienced Domestic Dispute Attorney who can guide you in this drawn-out
process. Here are the phases that explain the criminal court process in Las
Vegas, Nevada:
Arraignment
The
Arraignment is the first appearance of the defendant in court once a criminal
case has been formally filed against him/her. The person will be notified of the
criminal complaint against him/her. The defendant is required to give a plea,
whether it is “guilty”, “no contest” or “not guilty”. Then, the next court date
will be scheduled which might be for a pretrial, preliminary hearing or a trial.
Pretrial Conference
A pretrial
is when the District Attorney provides the defense attorney with all the
evidences that they plan to use against the defendant during trial. If there is
any evidence beneficial to the defendant, the DA needs to hand it over. The DA
and the defense attorney will consider a plea bargain. It is when the defendant
agrees to plead “guilty” or “no contest” to reduce the charges and/or
penalties. If the judge approves the plea bargain, the domestic violence case
goes directly to the sentencing phase.
Preliminary Hearings
When the
domestic violence case is considered a felony, a preliminary hearing happens. This
is a vital phase as it can help the judge determine whether the evidences are sufficient
to proceed from justice court up to district court (where felony cases are
handled). Additionally, it helps the defense prepare for a trial as it can give
a preview of the DA’s case. The judge may either discharge the case or let it be
“bound over” to the district court.
*Bound over - the judge has released a
discovery that there is a “probable cause” to proceed.
Trial
If the case
is not dismissed or settled by plea bargain, it proceeds to a trial. The victim
and the other witnesses will be given a subpoena to testify in court on the
scheduled trial date. Depending on the case, the trial may either be a “bench
trial” or a “jury trial”. A bench trial is when the ruling judge declares the
verdict, while a jury trial is when a group of local citizens in Nevada is
asked to sit during a trial and render the verdict. All the evidences provided
by both parties will be heard by the judge and/or the jury and then decide
whether the defendant is guilty or not guilty.
Note: Only those cases who are facing more than
six months in jail are allowed to have a jury trial.
Sentencing
The judge
will enforce the right sentence based on the guidelines formed by the Nevada
Revised Statute (NRS) if the defendant pleads guilty or is found guilty at
trial. The sentence depends on the level of domestic violence charges, from
misdemeanor to felony cases. It may include fines, imprisonment, community
service and counseling.
If you are
facing domestic violence charges, Atty. Ross C. Goodman can assist you in the
whole criminal court process. He is an experienced domestic violence lawyer in
Las Vegas who specializes in criminal defense. Just call (702) 383 – 5088 for
more information.