The Law Offices of Paul J. Adras, Esq., PC (702) 489-2264
Las Vegas Court Process
Las Vegas Domestic Violence Court Process Las Vegas Court Process - Legal Representation If you have been charged with battery constituting domestic violence in Las Vegas, Nevada, Attorney Paul Adras is the only call you need to make. Call an experienced criminal defense attorney skilled in defending domestic violence cases at: 702-489-2264. The arraignment is the defendant’s initial court appearance on any criminal case, regardless of whether the defendant is charged with a misdemeanor, gross misdemeanor or felony. The arraignment hearing is held in either a county’s justice court facility, or in a city’s municipal court facility, depending upon the type of criminal conduct alleged. During the arraignment hearing, the judge asks the defendant or his or her attorney to enter a plea to the charges alleged in the complaint or information. A defendant may elect to plead guilty, not guilty or nolo contendere (no contest). After the defendant enters the plea upon the court’s record, the judge will set the next court appearance hearing date. In most Battery Domestic Violence cases, if the criminal conduct alleged constitutes misdemeanor violations and the arraignment is heard in a county’s justice court facility, the judge will set the matter for trial. The defendant’s attorney will be provided with the discover and police reports for the case at the arraignment. If the criminal conduct alleged constitutes gross misdemeanor or felony violations, the judge will set the matter for a preliminary hearing. If the criminal conduct alleged constitutes misdemeanor violations and the arraignment is heard in a city’s municipal court facility, the judge will likely set the matter for a pretrial hearing. The defendant’s attorney will receive the discovery and police reports from the city attorney’s office several weeks after the arraignment hearing. The matter will be set for trial after the pretrial hearing. Arraignment in Las Vegas District Court If, at the end of the preliminary hearing, the justice court judge determines that the prosecution has met its burden of proof, the judge will bind the case over to district court. The justice court judge will then schedule a second arraignment hearing, which will take place in district court. The district court judge will ask the defendant to enter a plea to the charges alleged in a criminal information pleading document. If there is no plea bargain agreement, and the defendant enters a not guilty plea, the district court judge will two court dates. The first court date is known as the calendar call. The purpose of the calendar call is determine whether the prosecution and defense are prepared to go forward with a jury trial, whether a continuance is needed, or whether the parties have reached a plea bargain agreement. The second court date is trial date, which is typically one to two weeks after the calendar call hearing date. In cases where a plea bargain has been reached at the justice court level, the defendant will be bound over to district court, and the specific terms of that plea bargain agreement will be entered upon the record of the district court. The district court judge will ask the defendant a series of questions in order to confirm that the defendant is entering into the plea bargain freely and voluntarily. Once the terms of the agreement have been entered upon the court’s record, a sentencing date will be set, and the defendant will be referred to the Department of Parole and Probation (Department) for an interview. Following the interview, the Department will prepare a presentence investigation report for the judge, the prosecution, and the defense for review prior to the sentencing date.
Nearly everyone arrested for Battery Domestic Violence in Las Vegas is entitled to bail. The initial bail amount is determined by the arresting agency at the jail facility. The actual bail amounts for various crimes are published by the courts in a standard bail schedule. In some cases, an accused individual will receive an own recognizance (OR) release from jail and thus will not be required to post bail.
In many Las Vegas Battery Domestic Violence cases, a judge will set the bail amount, or determine whether an own recognizance release is appropriate, after taking a number of factors into consideration. The judge will consider: the criminal conduct alleged; prior criminal convictions; prior failures to appear for court appearances; education level; employment history and status, and family status. If the criminal conduct alleged is a violent offense, it is not likely that the judge will grant an own recognizance release. If, after taking the above referenced factors into consideration, the judge determines that an accused is likely to appear In court when required, the judge may grant a bail reduction or an own recognizance release.
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If the judge sets a bail amount, bail may be paid by cash or bond, unless the court directs otherwise. If an accused chooses to hire a bail bond company, the bail bond company will require collateral, and will charge a fifteen percent (15%) fee of the total bond amount as the fee for bailing an individual out of jail. The fee is what the bail bond company charges for bailing an individual out of jail, and will not be returned at the time the bond is exonerated by the court (usually upon completion of the case). If an individual posts the full bail amount by cash, the cash amount will be returned to the individual who posted the cash bail, usually upon completion of the case.
A person accused of a Battery Domestic Violence, whether it is a misdemeanor, or a felony, has the right to retain (and/or discharge) an attorney at any time while his or her case is open. It is always in a person’s best interest to retain a criminal defense attorney immediately if arrested for Battery Domestic Violence in Las Vegas; however, not everyone can afford to retain an attorney. If a person cannot afford to retain an attorney, he or she may be eligible for representation by either a “public attorney” (in municipal court) or the public defender’s office, or to an attorney appointed by the court when a conflict exists in the public defender’s office.
Las Vegas Court Process - Arraignment
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The Law Offices of Paul J. Adras, Esq. PC
4532 W. Charleston Blvd.
Las Vegas, Nevada 89102
(702) 489-2264