How a Criminal Case Works in Nevada, Step by Step

Many misdemeanor cases begin not with handcuffs but with a citation: when a person is detained for a misdemeanor and not taken before a magistrate, the officer prepares a misdemeanor citation with a notice to appear in court at a stated time and place. A person who is arrested instead must be taken before a magistrate without unnecessary delay.

— NRS 171.1773

The case is heard in justice court (state law or county ordinance) or municipal court (city ordinance). Before the defendant is called on to plead, the complaint is read, and the court determines whether the defendant is eligible for a preprosecution diversion program. The available pleas are not guilty, guilty, guilty but mentally ill, or — with the court’s consent — nolo contendere.

— NRS 174.015

Between the first appearance and trial, defenses and objections based on defects in the charging document or in how the prosecution was begun must be raised by motion before trial. This is also the window in which many misdemeanor cases are resolved by agreement between the prosecutor and the defense rather than by trial.

— NRS 174.105

Misdemeanor trials are held in the justice or municipal court where the case began. Under NRS 175.011, a case in justice court is tried by a jury only if the defendant demands one in writing at least 30 days before trial; otherwise the judge hears the evidence and decides. Municipal court practice conforms, as nearly as practicable, to justice court practice. The State carries the burden of proof beyond a reasonable doubt.

— NRS 175.011

A person convicted of a misdemeanor faces up to 6 months in county jail, a fine of up to $1,000, or both, unless a specific statute sets a different penalty. The statute also lets a court order community service in place of all or part of that punishment.

— NRS 193.150

A defendant convicted in justice court may appeal the final judgment to the district court of the same county within 10 days of the judgment. Appeals from municipal courts likewise go to the district court; where the municipal court is not a court of record, a perfected appeal transfers the case to district court for a new trial.

— NRS 189.010

A felony case typically begins with an arrest — either under a warrant issued by a magistrate or, in circumstances the statute lists, without one, such as when an officer has reasonable cause to believe the person committed a felony. After arrest the person is booked into custody.

— NRS 171.124

An arrested person must be taken before a magistrate without unnecessary delay. If that has not happened within 72 hours after arrest, excluding non-judicial days, the magistrate must give the prosecuting attorney an opportunity to explain the delay — and may release the arrested person. At this first appearance the person is informed of the charges, and a person who cannot afford counsel may request a court-appointed attorney.

— NRS 171.178

Before conviction, a person arrested for an offense other than first-degree murder must be admitted to bail, subject to exceptions the statute lists. When setting release terms, the court may impose only bail or conditions that are the least restrictive means necessary to protect community safety and ensure the person appears in court.

— NRS 178.484

Because felonies and gross misdemeanors cannot be tried in justice court, the justice of the peace instead tests the charge. Unless the defendant waives it, the magistrate must hear the evidence within 15 days, absent good cause for more time. The question is not guilt but probable cause: whether there is probable cause to believe an offense was committed and that the defendant committed it.

— NRS 171.196

The prosecution may instead present the case to a grand jury — a panel of citizens that hears evidence in private. The grand jury is to return an indictment when the evidence, taken together, establishes probable cause to believe an offense was committed and that the person committed it. An indictment sends the case directly to district court, replacing the preliminary hearing.

— NRS 172.155

If the magistrate finds probable cause at the preliminary hearing, the defendant is held to answer in district court — commonly called a bindover — and the case file is transmitted there; otherwise the defendant is discharged. After a bindover or a waived hearing, the prosecutor files the formal charging document, called an information, in district court.

— NRS 171.206

Arraignment is conducted in open court: the indictment or information is read (or its substance stated), the defendant receives a copy, and the defendant is called on to plead. As in misdemeanor cases, the pleas are not guilty, guilty, guilty but mentally ill, or nolo contendere with the court’s consent.

— NRS 174.015

Before trial, the defense and prosecution litigate motions — challenges to the charging document or to how the prosecution was instituted must be raised by pretrial motion. Discovery also runs in this window: at the defendant’s request, the prosecutor must allow inspection and copying of the defendant’s statements, witness statements the State intends to use, and examination results and reports in the State’s possession, with reciprocal duties on the defense.

— NRS 174.235

Most criminal cases end by agreement rather than verdict: the defendant pleads guilty — often to fewer or reduced charges — in exchange for concessions from the State. Nevada law regulates the form of this resolution: a guilty or guilty-but-mentally-ill plea made in a written plea agreement must follow the statutory form, and the court may refuse to accept a plea.

— NRS 174.063

Felony cases that are required to be tried by jury must be, unless the defendant waives a jury in writing with the approval of the court and the consent of the prosecutor; a defendant who pleads not guilty to a capital offense must be tried by jury. Throughout, the defendant is presumed innocent until the contrary is proved beyond a reasonable doubt.

— NRS 175.011

After a conviction or guilty plea, sentence must be imposed without unreasonable delay. For most felonies the Division of Parole and Probation first prepares a presentence investigation report. At the hearing, defense counsel and the defendant may speak, and victims have the right to appear and be heard. Felony sentences follow the category ranges set by NRS 193.130.

— NRS 176.015

A defendant convicted in district court may appeal the final judgment to Nevada’s appellate courts; the notice of appeal in a criminal case is generally due within 30 days after entry of the judgment. The Nevada Supreme Court decides appeals and assigns a share of cases to the Court of Appeals under its case-division rules.

— NRS 177.015