“Pretrial Conferences” in Nevada Criminal Cases – A Legal Guide

In a Nevada criminal case, a pretrial conference is a court hearing that takes place after your arraignment but before trial. Pretrial is when you and the prosecution may

1. trade discovery,
2. file pretrial motions, and
3. negotiate a possible resolution of the case short of trial.

The following flow chart shows where pretrials fit into the life of a Nevada criminal case:

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding the pretrial process in Nevada.

• 1. “Pretrial” Meaning
• 2. Discovery
• 3. Pretrial Motions
• 4. Plea Bargains
• Additional Resources

1. “Pretrial” Meaning

In general, the pretrial period refers to the time frame in a criminal case that follows your arraignment (when you plead “not guilty”) and precedes your trial (or the entry of a plea, if the case is resolved).

It is during the pretrial period that the state hands over its evidence (“discovery”) to you. You may file pretrial motions asking the judge to admit or keep out (“suppress”) specific evidence and subpoena witnesses. Meanwhile, you are negotiating with the D.A. to hammer out a plea bargain in an attempt to avoid going to trial.

The pretrial phase may last anywhere from a few weeks to several years, depending on the complexity of your matter.

Las Vegas Municipal Court

In Las Vegas Municipal Court, the word “pretrial” refers to specific court dates where you and the prosecution update the judge on the status of your case. You typically get three (3) pretrials before the judge insists the case go to trial.

2. Discovery

Discovery is the process by which you and the prosecution exchange evidence in a Nevada case. Discovery is conducted under strict procedural rules, which require that both sides provide each other with all relevant evidence in the case.

Typical discovery in Las Vegas includes:

• Police and investigation reports,
• Physical evidence, such as breath or blood test results in a DUI case,
• All relevant written or recorded statements,
• Witness information, including their names and past statements (the prosecution also has to inform you if their witnesses have any felony convictions, which you may use to impeach their credibility on the witness stand), and/or
• Exculpatory evidence, which is all the evidence the prosecution has that is favorable to you.

Sometimes, the prosecution refuses to give over certain evidence. In these cases, they may ask the judge to intervene via a “pretrial motion” and determine whether the evidence must be produced.¹

Many criminal charges get reduced or dismissed during the pretrial process.

3. Pretrial Motions

A pretrial motion is a request by you (or your attorney) asking the judge to decide on a specific procedural or evidentiary matter before the case proceeds to trial. Depending on the circumstances, you may make motions orally in open court or submit them in writing.

Motion to Dismiss

A motion to dismiss is when you ask the court to throw out some or all of your charges. Just some grounds for filing a motion to dismiss may include:

• The statute of limitations to bring the criminal charge had expired,
• The D.A. engaged in egregious prosecutorial misconduct, and/or
• The case violates your right against double jeopardy.

If a judge grants a motion to dismiss, the charge(s) at issue will be dropped.²

Motion to Suppress Evidence

A motion to suppress evidence is a request for the court to exclude certain evidence from ever being introduced at a Nevada trial. There are various grounds an attorney can give to try to justify a motion to suppress, such as:

• The evidence is not relevant, or that the prejudicial effect outweighs the evidence’s relevancy it would have on you,
• The evidence would endanger your safety, and/or
• The evidence was obtained as a result of an illegal search or seizure such as with an invalid search warrant.

If a judge grants your motion to suppress certain evidence, then the prosecution will not be allowed to introduce that evidence at trial. This could hinder the prosecution’s ability to prove guilt beyond a reasonable doubt and may sway them to offer a plea bargain. Often the state will dismiss the case altogether if its key evidence gets suppressed.³

 Motion to Sever Charges or Co-Defendants

If an alleged criminal act involves multiple charges and/or co-defendants, prosecutors frequently “join” them all together in one case. While this may be convenient for prosecutors, it may be prejudicial to you.

You can file a “motion to sever” asking the court to separate out your criminal charges into separate cases or to try your case separately from your co-defendants. Learn more about joinder.⁴

4. Plea Bargains

Plea bargains are the criminal law equivalent of “settling out of court.” Similar to civil cases, such as personal injury matters, most Nevada criminal cases are resolved through negotiation in the pretrial stage so that you never go to trial.

Plea bargaining in Nevada often begins very early in a case’s pretrial stage. Plea bargaining may last anywhere from a few days to many months, depending on the severity of the charges, the evidence, and any new developments. Last-minute negotiations often take place right outside the courtroom.

When both sides agree on a plea bargain, you usually will plead guilty or “no contest” to a lesser charge with a reduced sentence. This way you avoid

• the time and expense of trial, and
• the risk of getting a guilty verdict on the original charges.

In some plea bargains, your case will even get entirely dismissed after you complete the sentence. This means there is no conviction, and you can pursue a record seal right away.

Examples of Common Plea Bargains

If you are facing charges of a first-time offense of shoplifting or prostitution in Nevada, you might instead be able to plead to breach of peace or trespass. These offenses carry less of a social stigma and do not appear as negatively when potential employers conduct background checks on them.

In some cases, prosecutors will agree to negotiate a DUI down to reckless driving. Penalties are usually the same. However, you may petition to get a reckless driving conviction sealed from your criminal record after only one (1) year, whereas DUIs carry a seven (7) year waiting period.⁵

Additional Resources

For more information, refer to the following:

• Nevada Rules of Criminal Practice – Rules that apply to criminal cases in Nevada.
• Nevada Revised Statutes – The principal body of laws defining and governing federal criminal offenses for Nevada.
• Nevada Criminal Law – Overview of the criminal justice system by the Nevada State Bar.
• Steps in the Federal Criminal Process – Overview by the Offices of the United States Attorneys.