Wednesday, November 5, 2014

Las Vegas Justice Court and Municipal Court Procedures in a Misdemeanor Domestic Violence Case

If a person is charged with a crime, and they have never been part of the criminal justice system before, it can be a scary and unknown process.  Here is a general overview of the different steps in a misdemeanor criminal case in Clark County NV.

Las Vegas Township Justice Court -

If you are charged with Domestic Violence in the Las Vegas Justice Court, keep in mind that one court handles all of the misdemeanor Domestic Violence cases through trial.  This Court rotates between the LV Justice Court judges.  Currently, Melanie Andress-Tobiasson handles all of the Domestic Violence cases in the Las Vegas Township.  When hiring an attorney, the familiarity and success rate that he has had in this courtroom with this judge is important.

Arraignment - Normally, the first hearing in a misdemeanor case is called an arraignment.  An arraignment is a procedural hearing where the accused is brought before the court to plead before the court.  At this hearing the defendant is given a Complaint.  A Complaint is a document that describes the charges that are being levied against the defendant by the State.  At the arraignment in this Court, the vast majority of the time the defendant would automatically enter a not guilty plea and set the case for trial.  A trial date is given to the defendant which is normally about 60 days after the arraignment depending on the court's schedule.  These dates are quicker if the defendant is in jail.  In the LV Justice Court, the State normally provides the defense with some discovery at the arraignment.  Discovery is the disclosure of evidence that the State may try to present to the court in its case against the defendant if there was a trial or other evidentiary hearing.  The defense receives a discovery packet of documents that normally includes police reports, witness statements, photographs, and other documentary evidence. Bail amounts and other issues are sometimes argued at the arraignment.

Trial - Normally, the second hearing in LV Justice Court is the trial date.  A trial is an evidentiary hearing where the State presents evidence to the judge that the accused committed the crime charged in the Complaint.  In Nevada, the judge evaluates the evidence as the trier of fact in a misdemeanor case, not a jury.  The defense can also present evidence to the judge and object to the evidence presented against him.  The judge then decides whether the State has proven its case beyond a reasonable doubt.

Status Checks -  Status check hearings are held before a trial in a misdemeanor case, normally at the request of the defense attorney, in an attempt to negotiate a case with the State before a trial is necessary.  Status check hearings are also held after a negotiated settlement of the case or a guilty finding, so the Court can review whether a defendant has followed the terms of the agreement or the sentence of the Court. 

Other Hearings - Other hearings in a misdemeanor case can be set at the request of the different attorneys via Motion.  Motions can be argued before the Court regarding many different legal issues.


Pre-Trial Hearing - The procedures in the LV Municipal Court are mostly the same as the LV Justice Court, except there is one additional hearing in the LV Municipal Court called a pre-trial.  The pre-trial is after the arraignment and before the trial.  The pre-trial hearing is a like a status check hearing as to the readiness of the parties for trial, and the pre-trial hearing also gives the parties an opportunity to talk about the case and attempt to resolve it before a trial is necessary.