A criminal case in Nevada can be a long, drawn-out process even if the offense is minor. There are many procedures that must take place in and out of court before a case can be closed. This page explains each phase of a criminal case step-by-step. Keep reading to learn about the following subjects:
- 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
Nevada criminal process
1. Informations and Indictments
When police suspect someone has committed a crime in Nevada, they conduct a pre-file investigation. Like 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:
- The first is to give the court a sworn statement called an “information” which charges the suspect with a crime. If the judge agrees there is probable cause that the suspect committed a crime the court will issue an arrest warrant (unless the suspect is already in custody).
- 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 the suspect 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 suspects (for most crimes).
2. Arrests
A cop with “probable cause” to believe a person committed a crime may arrest that person. 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 cop 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 the person’s body for drugs, weapons or other crime-related paraphernalia. The police must also read the arrestee their Miranda Rights before they can question them about the alleged crime.
Eventually, the police will take the arrestee to jail for booking. The arrestee will then have to
- take a mug-shot,
- give fingerprints, and
- submit to a more thorough search.
The arrestee then waits in a holding cell pending the judge setting bail.
See our related article on citizen’s arrests (NRS 171.126).
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 the suspect a “summons” requesting them to appear in court to answer to the charge. Depending on the charge the suspect may then have to do a “walk through” in jail. This is when the defendant gets formally booked but is released the same day pending the outcome of the case.
Nevada courts may resort to citations and summons in cases where the suspect is not considered a flight risk and there is no immediate necessity to keep them in custody.
3. Bail
Nevada judges may release an arrested person from jail provided that they can give the court money called “bail.” This money functions as a promise to the court that the person will show up to all required court appearances and follow court orders. Then once the criminal case ends the person will get the bail back even if they 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 the defendant when the court ultimately gives back (“exonerates”) the bond.
Arrestees who are unable to bond out are entitled to a 48-hour hearing after 2 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 the suspect committed a crime and whether bail is appropriate. At the 72-hour hearing, the D.A. brings formal charges, and the defendant can argue for less bail (this hearing usually coincides with arraignments, discussed in the next question).
During the arraignment, the defense attorney can argue for lower bail.
4. Arraignments
The arraignment (also called “initial arraignment”) is usually the first court appearance the defendant makes. 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 the defendant with a criminal “complaint” listing the crimes they allegedly committed. The defendant then enters a plea of
- guilty or
- not guilty.
Almost always the defendant pleads “not guilty” even if they later take a plea bargain.
After the defendant enters 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.
5. Pretrial Conferences
Once the arraignment is over the case enters the pretrial phase. At this time the D.A. gives the defense attorney all their “discovery” which is the evidence they intend to use at trial against the defendant. The D.A. is also obligated to hand over any evidence that could prove helpful to the defendant.
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 the defendant agrees to plead guilty (or “no contest), sometimes to reduced charges or for lesser penalties. This way the D.A. wins a conviction and the defendant receives a laxer sentence than if they were found guilty at trial on the original charge.
If the judge accepts the plea bargain the case goes straight to the sentencing stage. Though 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 defendants can object to the “joinder” of charges or co-defendants by filing a “motion to sever.”
6. Preliminary Hearings
Preliminary hearings come into play when the defendant is 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 to 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.
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. Though jury trials are available only to defendants facing more than six months in jail or a charge of misdemeanor battery domestic violence.
Defendants do not have to take the stand during their own trial. They also have the right
- to call and cross-examine witnesses as well as
- to introduce evidence.
See our article on failure to appear for jury duty (NRS 6.040).
8. Sentencing
If a defendant pleads guilty to a crime or is 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 the defendant was 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.
Sentencing hearings can be long or short depending on the complexity of the case.
9. Appeals
Defendants who are found guilty of a crime at trial 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 defendants have after being convicted at trial. They can also file a motion for a new trial. Or if they are in prison defendants can file a writ of habeas corpus protesting their incarceration.
10. Sealing records
Criminal convictions stay on a person’s police and court records forever unless the defendant gets a record seal. Therefore these convictions come up on background checks and may turn off potential employers. Though most Nevada convictions are sealable from a defendant’s record after a certain number of years have passed:
- Most misdemeanors are sealable 1 or 2 years after the case closes. Two major exceptions are for DUI and battery domestic violence, which have a 7-year waiting period.
- Gross misdemeanors and Category E felonies are sealable 2 years after the case closes.
- Most category D felonies, category C felonies, and category B felonies are sealable 5 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.