What Happens After A Criminal Misdemeanor Arrest
The Las Vegas Municipal Court has criminal jurisdiction over misdemeanor offenses that occur within City limits. By Nevada Revised Statutes (NRS), those convicted of a criminal misdemeanor can be fined up to $1,000 and sentenced to a maximum of six months in jail. Examples of criminal misdemeanor offenses are: Driving Under the Influence, Solicitation, Possession of Drug Paraphernalia, Domestic Violence and Petit Larceny. Criminal cases are processed in the following order: Arrest:
First, an arrest is made and the defendant is incarcerated; then one of the following occurs:
No charges are filed.
The defendant posts bail, or is released on his/her own recognizance or posts bond/bail and is scheduled for a Court arraignment. If the defendant remains in custody, his/her Court arraignment will be handled by video.
Arraignment and Plea:
A defendant is brought before the judge during Court and informed of his/her charges and Constitutional rights.
If the defendant's liberty is at stake, the defendant may hire an attorney or, if he/she cannot afford one, the Court will appoint one to his/her case.
The defendant is released on his/her "own recognizance," or bail is set and the defendant remains in custody until bail is posted.
AND
The defendant may enter a plea of guilty, not guilty, or nolo contendere (no contest).
Not Guilty: The defendant declares he/she did not commit the alleged crime and a pre-trial date is set.
Guilty: The defendant admits committing the crime.
Nolo Contendere (no contest): The defendant does not contest the charge, which means he/she is subject to the same penalty as a guilty plea without admission of guilt.
Pre-Trial Proceedings:
Discovery (case information) is exchanged between prosecutor and defendant. Private citizens and attorneys may file for discovery (case information, i.e. police reports, witness statements, laboratory test results, etc.) at the City Attorney's Office on the ninth floor of City Hall. A small fee is charged for each piece of paper requested. Subpoenas can be obtained at the Court's business counter during regular business hours.
Motions may be filed to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
Defendant may either maintain his/her not guilty plea or change his/her plea to guilty or nolo contendere (no contest).
Court Trial:
Witnesses testify, physical evidence is received, and a judge decides if the defendant is guilty or not guilty (in Nevada, jury trials are not held on misdemeanor criminal cases). Las Vegas Municipal Court is a Court of Record and Court proceedings are electronically tape recorded. Should an appeal be filed, a copy of the audio cassette tape is transcribed into a typewritten transcript.
**The above info is from the City Of Las Vegas web site**
