In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
It is rare in my experience for depositions to come into evidence during Nevada criminal trials because judges prefer that witnesses give live testimony. Though if witnesses cannot appear in person, I have seen judges admit into evidence transcripts of their past depositions.
Specifically, there are six circumstances where a witness’s past deposition (“depo”) may come into evidence during your Nevada criminal trial:
Yes. At your request, your Nevada criminal judge can order a witness to sit for a deposition if their testimony is material to your case, and they are either:
Prosecutors can also ask the court to order depos for their witness(es) for the same reasons.
Note that when a witness is committed for failure to give bail to appear to testify at a trial, the judge can direct that the witness remains in custody until they submit to a deposition.2
Depositions are very similar to being on the witness stand during a Nevada criminal trial in that the witness:
Depositions are very formal proceedings. Once a judge decides to allow it, they will determine the time, place, and people allowed to be at the deposition.
The deponent needs to be provided with reasonable notice. Plus if the prosecutor is requesting the deposition, the prosecutor needs to provide you with sufficient information so you (or I as your defense attorney) can prepare questions for cross-examination.
As the defendant, you have the right to be present (in most cases) and must be able to communicate with your attorney throughout the deposition. If you cannot afford an attorney, the court will appoint you a deputy public defender.3
If the court permits you to hold a deposition but you cannot afford it, you can ask the court to pay for the expenses. These typically include court reporter fees and room rental fees.4
For “good cause shown” in Nevada criminal cases, the judge may allow the following witnesses to provide their testimony through a videotaped deposition rather than in the courtroom during trial:
Note that judges presume there is “good cause” to permit videotaped depositions of sex trafficking victims.
A justice of the peace or a district judge must preside over videotaped depositions. During the deposition, you as the defendant must be able to see and hear everything (such as through a video monitor). You also must be able to communicate with your attorney during the deposition.5
If a witness in your Nevada criminal case is giving a deposition, I as a criminal defense attorney would:
Then if the D.A. tries to introduce a damaging deposition into your trial, I can argue that the judge should suppress it as evidence for being irrelevant, prejudicial, or otherwise inadmissible.6
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.