FAQ

• As it is the defendant’s right to have a speedy trial, if the State cannot show good cause for a delay, the District Court may dismiss a criminal complaint when the defendant is not brought to trial within 60 days after arraignment (NRS 178.556).

• Any succeeding trials must proceed as soon as possible so long as the Court has recognized that the condition of the calendar, the pendency of other cases, the public expense, the health of the Judge, and even the convenience of the Court are good causes for a continuance.
• The defendant’s criminal justice attorneys can challenge the sufficiency of the evidence to establish probable cause within 21 days from the filing of either the Preliminary Hearing or Grand Jury hearing transcripts (Pre-Trial Writ of Habeas Corpus). This is one of the first steps for attorneys to get a dismissal for their client’s case. Goodman Law Group, P.C urges future clients to take advantage of this situation as much as possible to avoid a lengthy legal process.

The defendant generally does not need to testify during trial and can instead invoke the Fifth Amendment Right because the risks of cross-examination and impeachment usually outweigh the benefit. Additionally, many people hold a pre-conceived belief that you should defend yourself by telling what happened if you have nothing to hide or if falsely accused. Goodman Attorney cautions against this move.
Talk to your criminal defense lawyer before deciding on providing testimony for your own case.

Self Defense and Others and No Duty to Retreat Rule
 

• Self-Defense exists when there is a reasonably perceived apparent danger or actual danger.
• The jury must find you Not Guilty if the State cannot prove beyond a reasonable doubt that the defendant did not act in self-defense.
• There is No Duty to Retreat if a person reasonably believes that he is about to be killed or seriously injured by his assailant except if you are the original aggressor unless you can prove that you made a good faith attempt to retreat or to decline any further struggle before the mortal blow was given.

• This is the first time where you can seek a bail reduction with the help of your criminal justice attorney. Many times the Judge will require you to file a written motion if the State wants time to object by filing an opposition in Las Vegas.

• In some cases, the Judge may have enough information to order a lower bail amount without the necessity of the Attorney filing motions and setting a separate hearing.
• The purpose of bail is to make sure that you will appear for court and not represent a safety risk to the community.
• The Court considers the nature and circumstances of the charges as well as the defendant’s financial ability to post bail, character, individual ties to the community and his family members, status of employment, and criminal history.
• The Court may impose additional conditions to include house arrest and/or intensive supervision or IS with Global Positioning System or GPS monitoring. Criminal justice attorneys may attempt to contend this to give an easier time for their client and reduce the restriction on their movement.
• In some cases like DUI, the Judge may have enough information to order a lower bail amount without the necessity of filing motions and setting a separate hearing. You can confirm this with a DUI defense lawyer like Goodman Law Group, P.C for a clearer result.

• The negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for a defendant. Criminal justice attorneys may suggest this as an alternative action if going ahead with the trial would be more detrimental.

• If a defendant wishes to plead guilty, a plea agreement in the justice court on a gross misdemeanor or felony charge requires an Unconditional Waiver of the Preliminary Hearing or UWPH.
• The parties can negotiate all aspects of the resolution from stipulating to a certain sentence or taking away the State’s right to argue for a prison term.
• Your defense can also negotiate a reduction or a “step down” after probation is completed which allows you to ultimately end up with a Non-Felony Conviction.
• You can also negotiate a guilty plea agreement without actually pleading guilty pursuant to the Alford Plea decision. However, as part of this plea, you have to acknowledge that the State has evidence that may result in a conviction.
• This is an important consideration if you are anticipating the victim will sue you for monetary damages in a civil lawsuit in Las Vegas. Consult with Goodman Law Group, P.C before taking this step.

During the 48-hour Hearing, a Justice of the Peace is assigned and the case is reviewed in chambers to determine whether the defendant should be released or if the bail should be adjusted because stacked charges or other reasons. If the presiding Judge has limited information, the defendant’s defense may contact the assigned Justice of the Peace to provide him information.

During the 72-hour Hearing, the defendant should be arraigned and provided with the charging document (NRS 71.178). Bail or release can be considered at that time. defenses like Goodman Law Group, P.C would use this period to arrange for lower bail requirements to ease the financial burden the case can have on their client.

Marcum Notice provides notice of the time, place, and date to appear or present exculpatory evidence at a grand jury proceeding in Las Vegas.

A Grand Jury Proceeding, in contrast to a preliminary hearing, is done in “secret” and does not allow criminal justice attorneys to perform cross-examinations. The State is obligated to present to the Grand Jury any known evidence that will explain away the charge but is not required to negate all inferences which might explain an accused’s conduct. At the end of the presentment of evidence, the Grand Jury almost always returns an Indictment which serves as the formal charging document in District Court

• It is possible to arrange for the issuance of a Summons in lieu of an arrest warrant – allowing for someone to appear voluntarily in court without fear of arrest. Consult with criminal justice attorneys to see how this can be arranged.

• If already in custody, Pre-Trial Services will interview and make a recommendation whether you are eligible for a Personal Recognizance Release (OR). This generally occurs in non-violent offenses with first time offenders and when Pre-Trial can verify employment status and community ties.
• If a Judge grants an OR in court, then typically the attorney assigned can arrange for a walk-through where the accused is booked in jail. This process generally takes between four to six hours consisting of taking photographs, taking fingerprints, conducting a DNA swab, and taking of biographical information.
• You can post either cash bail (which is returned to you in full at the conclusion of the case) or surety. The posting of cash bail is deposited at the Court clerk’s office in Las Vegas, NV. Consult with Goodman Law Group, P.C for a more effective way to proceed, depending on your case.