The Criminal Court Process in Nevada – How It Works

A criminal case in Nevada is a process that usually starts with an arrest followed by a bail hearing. Then it proceeds to an arraignment, pretrial conferences, a preliminary hearing (in felony cases), and then on to trial.

If there is a conviction, the next step is sentencing and perhaps an appeal. Finally, you may be able to petition to seal your Nevada criminal record.

As you can see, the Nevada criminal court process is long, confusing, and daunting. However, it may be possible to get your charges reduced or even dismissed through a plea bargain well before trial.

In this article, our Las Vegas criminal defense attorneys will walk you through what to expect at each of stage of the Nevada criminal court process:

• 1. Informations and Indictments
• 2. Arrests
• 3. Bail
• 4. Arraignments
• 5. Pretrial Conferences
• 6. Preliminary Hearings
• 7. Trials
• 8. Sentencing
• 9. Appeals
• 10. Sealing Records
• Frequently Asked Questions

1. Informations and Indictments

When police suspect you committed a crime in Nevada, they conduct a pre-file investigation. As it sounds, a pre-file investigation is when police and prosecutors look into suspected criminal activity in order to determine whether enough evidence exists to carry out an arrest and eventually bring charges.

After police conclude a pre-file investigation in Nevada, they give their findings to the D.A. If the D.A. chooses to press charges, they have two choices on how to proceed:

1. The first is to give the court a sworn statement called an “information” which charges you with a crime. If the judge agrees there is probable cause that you committed a crime, the court will issue an arrest warrant (unless you are already in custody).
2. The alternative choice is to present the findings not to a judge but to a grand jury. If the grand jury agrees there is sufficient evidence to charge you with a crime, the prosecutors then present the court with an “indictment” which serves the same purpose as an “information.”

Note that prosecutors rarely resort to grand juries except in high profile or very serious cases.

Also note that police have a statute of limitations to prosecute you (for most crimes).¹

2. Arrests

A police officer with “probable cause” to believe you committed a crime may arrest you.

Sometimes an arrest (NRS 171.104) follows an investigation where the police ask a judge for an arrest warrant. Other times the arrest occurs right after the alleged crime without the officer being able to secure a warrant first. (For more information go to our page on how to clear an arrest warrant.)

Following an arrest, the police may search your body for drugs, weapons or other crime-related paraphernalia. The police must also read you your Miranda Rights before they can question you about the alleged crime.

Eventually, the police will take you to jail for booking. You will then have to

• take a mug shot,
• give fingerprints, and
• submit to a more thorough search.

You then wait in a holding cell pending the judge setting bail.

See our related article on citizen’s arrests (NRS 171.126). Note that if the arrestee is a child, during custodial interrogations police may not knowingly make materially false statements or make express or implied promises of leniency or advantage. AB 193 (2024).

Citations and Summons

Not all criminal cases begin with a traditional arrest. If the case is minor enough (such as jaywalking), then the police will usually just issue a “citation” with a date to appear in court and answer to the charge.

In other cases, police may forgo arrest by having the court mail you a “summons” requesting you to appear in court to answer to the charge. Depending on the charge, you may then have to do a “walk-through” in jail. This is when you get formally booked but are released the same day pending the outcome of the case.

Nevada courts may resort to citations and summons in cases where you are not considered a flight risk and there is no immediate necessity to keep you in custody.²

3. Bail

Nevada judges may release you from jail provided that you can give the court money called “bail.” This money functions as a promise to the court that you will show up to all required court appearances and follow court orders. Then once the criminal case ends, you will get the bail back even if you are convicted.

Courts have “bail schedules” where each crime is matched with a bail amount. Predictably, serious crimes carry higher bail than minor crimes. Some suspects are released on their “own recognizance” for no bail at all. Then for very serious cases like murder the judge may refuse to set bail and will keep the suspect in custody pending the case’s outcome.

In most cases, the court accepts bail

• in cash or
• by bond.

Bondsmen typically charge a 15% fee of the total bail amount which will not be returned to you when the court ultimately gives back (“exonerates”) the bond.

If you are unable to bond out, you are entitled to a 48-hour hearing after two judicial days in jail and then a 72-hour hearing a day later. At the 48-hour hearing, the judge reviews whether there is probable cause that you committed a crime and whether bail is appropriate. At the 72-hour hearing, the D.A. brings formal charges, and you can argue for lower bail (this hearing usually coincides with arraignments, discussed in the next question).³

4. Arraignments

The arraignment (also called “initial arraignment”) is usually the first court appearance you make. Depending on the case, the arraignment will always either be in a Nevada justice court or a municipal court.

At the beginning of an arraignment, the prosecution presents you with a criminal “complaint” listing the crimes you allegedly committed. You then enter a plea of:

• guilty or
• not guilty.

Almost always you plead “not guilty” even if you later take a plea bargain.

After you enter a plea, the judge will set another court appearance. Depending on the case, the next appearance will either be a trial or a preliminary hearing. In some cases, the judge may instead set the date for a status check or a pretrial to give the parties time to reach a plea bargain.⁴

5. Pretrial Conferences

Once the arraignment is over, the case enters the pretrial phase. At this time the D.A. gives your defense attorney all your “discovery” which is the evidence they intend to use at trial against you. The D.A. is also obligated to hand over any evidence that could prove helpful to your case.

During this time, the defense and D.A. have pretrial conferences where they discuss plea bargains. A plea bargain is like “settling out of court” where you agree to plead guilty (or “no contest), sometimes to reduced charges or for lesser penalties. This way the D.A. wins a conviction, and you receive a laxer sentence than if you were found guilty at trial on the original charge.

If the judge accepts the plea bargain, the case goes straight to the sentencing stage. Note that a judge has no obligation to agree to the plea bargain (though they usually do). Also, note that misdemeanor pleas are handled in justice or municipal court whereas felony pleas are handled in district court.

The pretrial phase is also when you can object to the “joinder” of charges or co-defendants by filing a “motion to sever.”⁵

6. Preliminary Hearings

Preliminary hearings come into play when you are charged with a felony in Nevada. They are like “mini-trials” to help the judge decide whether there is enough evidence for the case to transfer from justice court up to district court (which is the only court that handles felony trials).

Defendants almost always lose the preliminary hearing because the burden of proof is so low. However preliminary hearings are useful because they

• give the defense a preview of the D.A.’s case and
• helps the defense better prepare for a trial and negotiate a plea bargain.

After a preliminary hearing, the judge may either dismiss the charges or allow the case to be “bound over” to the district court. The prosecutor may also dismiss, add or amend charges at this time.⁶

7. Trials

A case that does not get dismissed or resolved by plea bargain goes to trial. Prior to trial, each side may file various pretrial motions such as a motion to suppress evidence.

Each side may also ask the court to issue subpoenas compelling witnesses to appear in court and testify. Even after the trial begins, both sides can still agree to a plea bargain up until the verdict is rendered.

Everyone who is charged with a crime in Nevada is entitled to at least a bench trial, which is where the judge and not a jury decides on the verdict. However, jury trials are available only if you are facing more than six months in jail or a charge of misdemeanor battery domestic violence.

You do not have to take the stand during your own trial.You also have the right

• to call and cross-examine witnesses as well as
• to introduce evidence.⁷

See our article on failure to appear for jury duty (NRS 6.040).

8. Sentencing

If you plead guilty to a crime or are found guilty of a crime at trial, the judge will impose a sentence. For minor crimes, the sentencing hearing may take place right away. But for felonies, the judge may set the sentencing hearing several weeks out to give both sides enough time to prepare.

A sentencing hearing is like a trial except that the issue is not guilt versus innocence but rather a lighter sentence versus a harsher sentence. Both sides may present witnesses and arguments in support of their position. In felony cases, the Nevada Department of Parole will give a recommendation.

At the end, the judge will hand down a sentence that may include:

• incarceration,
• a suspended sentence,
• fines,
• probation,
• rehab programs,
• community service, and/or
• other court orders

Length of Sentences

Misdemeanor crimes carry a maximum of six months in jail. Gross misdemeanors carry a maximum one year in jail. Felonies can carry anywhere from one year in Nevada State Prison to a life sentence or the death penalty depending on the severity of the crime.

Note that felony convictions may carry additional consequences depending on the case such as:

• having to register as a sex offender
• losing the right to possess firearms

In cases where you were convicted of more than one crime, the judge usually retains the discretion to impose the sentences concurrently (so they run at the same time) or consecutively (one after the other). Read more in our informational articles on discharge from probation (NRS 176A.850) and early termination of probation.⁸

9. Appeals

If you are found guilty of a crime at trial, you have the right to appeal to a higher court. For instance, a case in Clark County District Court may be appealed to the Nevada Supreme Court. Though the process is very confusing and complicated, so defendants need counsel to ensure they follow the procedural rules.

Appeals are not the only options you have after being convicted at trial. You can also file a motion for a new trial. Or if you are in prison, you can file a writ of habeas corpus protesting your incarceration.⁹

10. Sealing Records

Criminal convictions stay on your police and court records forever unless you get a record seal. Therefore these convictions come up on background checks and may turn off potential employers.

However, most Nevada convictions are sealable from your record after a certain number of years have passed:

• Most misdemeanors are sealable one or two years after the case closes. Two major exceptions are for DUI and battery domestic violence, which have a seven-year waiting period.
• Gross misdemeanors and Category E felonies are sealable two years after the case closes.
• Most category D felonies, category C felonies, and category B felonies are sealable give years after the case closes.
• And category A felonies, burglary of a residence, and violent felonies are sealable 10 years after the case closes.

Note that sexual offenses, felony DUI, and crimes against children can never be sealed. Also, the process of sealing criminal records in Las Vegas can be very complicated and may take several months to complete.¹⁰

Frequently Asked Questions

What is the difference between an information and an indictment?

Nevada prosecutors may file felony charges either by filing an information or by seeking a grand jury indictment. If you are indicted, you are not then entitled to a preliminary hearing because the grand jury already found “probable cause.”

What happens after a preliminary hearing?

If the judge finds probable cause at the preliminary hearing, the case is “bound over” from justice court to district court. You will then have a district court arraignment, where you enter a plea and the case proceeds toward trial or resolution.

Do all Nevada criminal cases go to trial?

No. Most criminal cases in Nevada are resolved through negotiation and plea agreements. Trial occurs only if the defense and prosecution cannot reach a resolution.

Am I entitled to a jury trial in Nevada?

You are entitled to a jury trial in all felony cases as well as misdemeanor cases of battery domestic violence. Otherwise, you are entitled to a bench trial.

How long does a Nevada criminal case take?

The timeline varies depending on the seriousness of the charge, court backlog, and whether the case goes to trial. Misdemeanors may resolve in weeks or months, while felony cases can take several months or longer.

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