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Since it is not possible to give you all the information you may need
on this web page, please contact the District Attorney's Office for more
information. We are concerned about you and your case.
APPEAL - Convicted defendants have a right to appeal their
convictions and sentences to higher courts. These courts examine the
record made of the trial proceedings to determine if reversible error
has occurred. If a higher court finds that serious errors occurred in
the trial proceedings it may remand the case for a new trial or even
dismiss the charges. Although most appeals are unsuccessful, the process
is often very lengthy.
ARRAIGNMENT - The time in Justice Court when a criminal defendant is
first advised of the charges against him and it is determined whether or
not he is represented by an attorney, and, in certain situations, how he
wishes to plead. In District Court, it is the time when a defendant
enters a plea, and if the plea is not guilty, a trial date is then set.
BAIL - An amount paid or pledged by the defendant to make sure he or
she will appear in court.
CRIMINAL COMPLAINT - A legal document filed with the Justice Court
Clerk that initiates criminal prosecution. In the case of some minor
infractions, a police officer citation form will act as a criminal
complaint.
INFORMATION - The charging document in District Court after a case
has been bound over from Justice Court. It is the basis for the
arraignment, plea of guilty or not guilty, and trial by jury.
OTHER RELEASE STATUS - Contact Nevada Board of Parole and Probation
to request notification on other releases (escape, sentence expiration,
work release, etc.):
State of Nevada
Board of Parole Commissioners
1445 Hot springs Rd., Suite 108-B
Carson City, NV 89710
Phone 775.687.5049
PAROLE - "Parole" is the release of a person from prison
before the end of his sentence, under certain conditions or restrictions
which must be met or the person will be returned to prison. You may
request to be notified by the Board of Parole of hearing dates and Board
decisions prior to an individual's release. Contact the Victim
Assistance Program for further info.
PLEA AGREEMENT - This is sometimes inaccurately called "plea
bargaining," which is a term used to describe a method of disposing
of cases without a trial. Most defendants plead guilty. Once a defendant
decides to plead guilty, it is up to the District Attorney's Office and
the defendant's attorney to work out an agreement to present to the
judge. The defendant may agree to plead guilty to the crime(s) charged
or to a lesser offense, and there may be an agreement that the District
Attorney's Office will recommend a sentence to the judge. The judge may
accept or reject the plea. Although a victim does not have the final say
as to what sentence is given, the District Attorney's Office is
interested in their viewpoint and will present that to the court at
sentencing.
PRELIMINARY HEARING - A hearing held before the Justice of the Peace
or other magistrate to determine whether there is sufficient evidence
for a case to be bound over to a higher court for trial or other
proceeding. The test at the preliminary hearing is not guilt beyond a
reasonable doubt, but rather whether is evidence to indicate that a
crime was committed and that the defendant committed it. Based on that,
the court may bind the case over.
SENTENCING - After a defendant's guilty plea is accepted or he or she
is found guilty after a trial, the judge decides what happens. The
defendant may be sent to prison or jail, or the sentence may be
"suspended" and the defendant put on probation. Probation
means the defendant is left free as long as he or she does what the
judge has told him to do. He or she may also be placed in other
programs, such as the Diversion Center.
TRIAL - The court proceeding in which the District Attorney, or a
Deputy District Attorney, presents the case for the State, attempting to
prove beyond a reasonable doubt that the defendant committed the crime
as charged. The defendant may present proof to dispute the State's
claim. Usually the defendant chooses whether a judge or a twelve person
jury will decide the case.
VICTIM IMPACT STATEMENT - You may provide a written impact statement
to be submitted to the court. If you wish to make an oral statement at
the time of sentencing, please contact the District Attorney's office
prior to the hearing.
WARRANT - A written order from a judge that a person be arrested. If
you are a victim or a witness, the warrant is based on a written
statement about the crime in which you were involved. Back
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