If you're facing felony or gross misdemeanor charges in Nevada, the process ahead can seem overwhelming. The legal system is complex, but knowing the general structure of your case can help you feel more informed—and more in control.
At Liberators Criminal Defense, we guide our clients through every step. While each case is unique, here's an overview of what you can expect if your case begins in Justice Court and proceeds to District Court.
Justice Court: The Starting Point
Initial Arraignment
This is typically your first court appearance. You'll be formally advised of the charges against you. Your attorney may enter a plea of Not Guilty and request discovery materials (the evidence the State intends to use).
Bail Hearing (If Needed)
If bail is at issue, a separate hearing may be scheduled to request release or a reduction in bail. Not all cases require this, but when it matters, the argument can be critical.
Preliminary Hearing
This is one of the most important early stages. The State must present enough evidence to show probable cause that a crime occurred and that you may have committed it. If the judge agrees, the case is "bound over" to District Court.
Sometimes, there are status checks before the preliminary hearing—these give both sides time to negotiate or investigate further.
Plea Deals in Justice Court
Even if you're charged with a felony, not all cases stay that way. Some are resolved through pleas to misdemeanors, which means the case will remain in Justice Court and proceed directly to sentencing there.
District Court: Where Serious Cases Go
Arraignment in District Court
If the case is bound over, you'll be arraigned again in District Court. Your attorney may again enter a Not Guilty plea and continue seeking discovery and negotiation.
Discovery Status Check (Optional)
Some judges schedule a status check to make sure all evidence has been exchanged. This can also be a chance to discuss plea negotiations or raise pretrial issues.
Pretrial Motions (Optional)
Your attorney may file motions to suppress evidence, dismiss charges, or challenge procedural defects. These are filed only when there's a legal basis for them—every case is different.
Habeas Petition (Time Sensitive)
In some cases, a Pretrial Petition for Writ of Habeas Corpus is filed to challenge the Justice Court's ruling. This is used when the State's evidence at the preliminary hearing was legally insufficient. This petition must be filed within 21 days of your District Court arraignment. It's not appropriate in all cases, but when available, it can be a powerful tool.
Plea Agreements in District Court
If you decide to plead guilty to a gross misdemeanor or felony, that will happen in District Court. You'll review and sign a Guilty Plea Agreement with your attorney. At the hearing, the judge will ask questions to make sure you understand what you're agreeing to. If everything is in order, the plea is accepted and a sentencing date is set.
Trial
If your case is not resolved through a plea and isn't dismissed, it will proceed to trial—typically a jury trial. Defendants who are in custody often request a speedy trial, while those released before trial may waive that right to allow more time for preparation and negotiation.
Sentencing: The Final Stage
Sentencing Hearing
Whether you plead guilty or are convicted at trial, the court will schedule a sentencing hearing. This is where the judge determines your punishment.
Who Decides the Sentence?
Ultimately, the judge decides the sentence. In most Clark County cases, judges will follow a negotiated agreement, especially if the District Attorney recommends probation. But it's important to understand that the judge is not bound by that agreement. If the judge imposes a harsher sentence—such as prison time instead of probation—it is typically not appealable as long as it's within the legal range.
Your attorney will assess that risk based on your charges, history, and the courtroom you're in. While the risk of a judge overriding a plea agreement is generally low, it increases with more serious allegations or longer criminal histories.
Every Step Matters. We're With You Through All of Them.
If you're facing charges and want to understand your rights and your options, reach out to Liberators Criminal Defense. The earlier we're involved, the more powerfully we can defend you.
Call us today or schedule a consultation through our website. Your case deserves a serious defense. So do you.
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