The Criminal Complaint
The criminal complaint is the formal charging document which apprises the defendant of what specific
crime(s) he/she is accused of committing. Many people believe that the victim, as a private citizen, can
“press charges” or “drop charges” against someone. This is a common mistake. Only the prosecuting
attorney’s office has the authority to prosecute or drop any criminal charges. Even though the police
arrest and charge a person with a crime or crimes, it is the prosecuting attorney who will review the
evidence and ultimately determine what charges, if any, will be brought.
Even though a victim of a crime cannot drop the charges pending against a defendant, they do have the
ability to influence the prosecutor’s decisions during the process. Many times the feelings of the
victim toward the defendant, whether good or bad, will impact how a prosecutor handles the case. A
defendant should never contact a victim directly, or have another party contact the victim on his behalf.
Initial Arraignment
The initial arraignment is the first court appearance on any criminal case. Depending on the type of
crimes charged, and where the crime took place, this hearing will be held in either justice or municipal
court. At this hearing, the Judge will ask the defendant, or his attorney, to enter a plea to the charges
that were alleged in the criminal complaint. Generally, there are three types of pleas, not guilty, guilty,
and nolo contendere. Once a plea is entered, the Judge will set the next court appearance. If the charges
are misdemeanors, the next court appearance will be the trial date. If the charges are gross
misdemeanors or felonies, the next court appearance is a preliminary hearing.
Discovery/Police Reports
Once the initial arraignment occurs, discovery becomes available from the prosecutor. The discovery
in a criminal case often is any police officer reports, statements by the victim(s), any statements made
by witnesses, medical records, crime scene photos, victim photos, diagrams of the crime scene, as well
as any statements made by the defendant.
The discovery must be reciprocal to meet constitutional rules. This simply means that the prosecution
must provide the defense with any evidence they intend to use during the trial. The prosecutor cannot
hide evidence, and then surprise the defense at trial. These rules apply to the defense counsel as well.
Subpoenas
In many cases, after the attorney has reviewed the evidence provided in the discovery, the issuance of
subpoenas may become necessary to obtain additional evidence. These documents could include
security officers’ reports, surveillance videotapes, 911 tapes, and any other evidence that could aid
defense counsel in the defending the case.
Pre-trial Conference
In misdemeanor cases, after the initial arraignment, the Judge may set a Pre-trial Conference. This is
to give the prosecutor and defense counsel the opportunity to try to resolve the case without having to
go to trial. This may involve a plea bargain.
Plea Bargains
Many criminal cases are settled by plea bargaining rather than by a jury trial. The plea bargain is
generally accepted to avoid the uncertainty of the jury trial, for both the defendants and the
prosecutors.
A plea bargain is an agreement in a criminal case where a prosecutor and a defendant come to an
agreement on how to resolve the case. The defendant may agree to plead guilty to a lessor offense than
charged, or to a smaller number of offenses than charged. In exchange for the defendant's guilty plea,
the prosecutor may agree to suggest or not oppose a particular sentence, probation, or other
conditions.
Even though an agreement is reached between the prosecutor and the defendant, plea bargains are still
subject to the approval of the court. This means that the Judge is not obligated to accept the plea
bargain if he or she feels it is not appropriate in that case.
Preliminary Hearing
Preliminary hearings only occur in cases involving gross misdemeanors or felonies. The purpose of the
preliminary hearing is for the Judge to determine whether or not there is probable cause to bind over
the case to the District Court level. The burden of proof for the prosecutor in this hearing very low, in
that the prosecutor must only show by slight or marginal evidence that the defendant may have
committed the crimes he/she is charged with. The preliminary hearing allows the defense a preview of
the prosecution’s case, as well as having the prosecution’s witnesses’ sworn testimony on the record
for trial. At the end of the preliminary hearing, the prosecutor may amend charges, dismiss charges, or
add charges. The Judge may also dismiss some or all charges if there has not been enough evidence
presented to support them.
Indictments
Occasionally, a defendant may have charges brought against him/her in a charging document called an
Indictment. If an Indictment has been filed against a defendant, the matter will not proceed through the
earlier justice court stages. Instead the case will start in the District Court, with an Initial
Arraignment.
An Indictment is issued from a Grand Jury. A Grand Jury is a group of people who meet in a closed
hearing, and are presented with evidence from the prosecutor regarding incidents which are alleged to be
criminal in nature. Defense counsel cannot be present, and cannot question any of the witnesses.
However, defense counsel can provide the prosecutor with evidence that might 'explain away the
charges' and the prosecutor has a duty to present that evidence to the Grand Jury. After hearing all the
evidence, the Grand Jury then makes a determination whether criminal charges should be brought
against a defendant. The burden of proof that must be shown by the prosecution is the same as that in
a preliminary hearing.
Cases can begin in justice court with a criminal complaint and be taken to the Grand Jury instead of
proceeding through a preliminary hearing.
Initial Arraignment in District Court
If the case is bound over to District Court, there is another arraignment hearing in the assigned District
Court. Again, the Judge will ask the defendant to enter a plea to the charges that were alleged in the
criminal complaint. At the District Court level, the criminal complaint is now called an Information, if
the case went through justice court, or called an Indictment if the case went before a Grand Jury. If a
plea bargain has been reached, the details of the deal will be placed on the record. The Judge will then
ask the defendant questions concerning his knowledge of the plea bargain, and if his answers, and the
plea bargain itself, are acceptable to the Judge, a sentencing date will be set.
If there is no plea bargain reached between the parties, and the defendant is pleading not guilty, the
Judge will set two court dates. The first is a hearing is to determine whether both sides are prepared to
go forward with a jury trial, or have reached a plea bargain. This is called a calendar call. A trial date is
also set, usually about one week after the calendar call.
Pre-trial Motions
Pre-trial motions can be excellent tools for criminal defense attorneys. They are not appropriate in all
cases, but they can force the dismissal of charges or exclude evidence against the defendant in certain
situations.
Only after a complete review of the evidence in a case and the transcript from the preliminary hearing
will a defense attorney decide whether any pre-trial motions are appropriate.
Bench and Jury Trials
A trial is an examination of the facts and law where the prosecution must prove, beyond a reasonable
doubt, that the defendant committed the crimes he/she is accused of doing. A bench trial is a trial in
which the Judge hears the evidence and decides the guilt or innocence of the defendant without a jury.
Most misdemeanor cases have bench trials instead of jury trials. If the defendant is charged with gross
misdemeanor or felony offenses, then the defendant has a right to a jury trial. If a jury trial is held,
than the jury assumes the role of “trier of fact,” and makes the determination as to guilt or innocence of
the defendant. In a case where the death penalty is being sought by the prosecution, the jury will also
determine whether or not to impose the death penalty.
Sentencing
If the defendant is found guilty of any or all crimes charged, he/she will ultimately be sentenced. Prior
to that sentencing hearing, the defendant will be interviewed by the Department of Parole &
Probation. After this interview, a report will be prepared and provided to the court, the prosecutor
and the defendant. This report will contain a summary of the facts of the case, and any prior criminal
history of the defendant. It will also contain a recommendations from the Department of Parole &
Probation concerning the appropriate sentence. While the recommendation is not binding on the court,
it does influence the court’s decision.
In many cases, the defendant may receive a suspended sentence, and be placed on probation. During
this time of probation, the defendant will be supervised by a probation officer. There will also be
many conditions placed on the defendant during the term of probation, such as allowing any police or
probation officer the right to search the person or residence at any time without a warrant or probable
cause.
If probation is not granted by the court, the defendant will be sentenced to jail or prison depending
upon the type of criminal conviction.
Appeals
Once the defendant is convicted, there is a right to appeal. There are strict time limits for the filing of
the notice of appeal. This notice of appeal is the document which begins the appellate process. It is
the defendant’s responsibility to make sure the notice is filed within the time limit. While it is possible
in rare occasions that the Supreme Court will allow an appeal to proceed which did not adhere to the
time limits for the filing of the notice, in most cases, the appeal will be dismissed without being
reviewed.
The criminal complaint is the formal charging document which apprises the defendant of what specific
crime(s) he/she is accused of committing. Many people believe that the victim, as a private citizen, can
“press charges” or “drop charges” against someone. This is a common mistake. Only the prosecuting
attorney’s office has the authority to prosecute or drop any criminal charges. Even though the police
arrest and charge a person with a crime or crimes, it is the prosecuting attorney who will review the
evidence and ultimately determine what charges, if any, will be brought.
Even though a victim of a crime cannot drop the charges pending against a defendant, they do have the
ability to influence the prosecutor’s decisions during the process. Many times the feelings of the
victim toward the defendant, whether good or bad, will impact how a prosecutor handles the case. A
defendant should never contact a victim directly, or have another party contact the victim on his behalf.
Initial Arraignment
The initial arraignment is the first court appearance on any criminal case. Depending on the type of
crimes charged, and where the crime took place, this hearing will be held in either justice or municipal
court. At this hearing, the Judge will ask the defendant, or his attorney, to enter a plea to the charges
that were alleged in the criminal complaint. Generally, there are three types of pleas, not guilty, guilty,
and nolo contendere. Once a plea is entered, the Judge will set the next court appearance. If the charges
are misdemeanors, the next court appearance will be the trial date. If the charges are gross
misdemeanors or felonies, the next court appearance is a preliminary hearing.
Discovery/Police Reports
Once the initial arraignment occurs, discovery becomes available from the prosecutor. The discovery
in a criminal case often is any police officer reports, statements by the victim(s), any statements made
by witnesses, medical records, crime scene photos, victim photos, diagrams of the crime scene, as well
as any statements made by the defendant.
The discovery must be reciprocal to meet constitutional rules. This simply means that the prosecution
must provide the defense with any evidence they intend to use during the trial. The prosecutor cannot
hide evidence, and then surprise the defense at trial. These rules apply to the defense counsel as well.
Subpoenas
In many cases, after the attorney has reviewed the evidence provided in the discovery, the issuance of
subpoenas may become necessary to obtain additional evidence. These documents could include
security officers’ reports, surveillance videotapes, 911 tapes, and any other evidence that could aid
defense counsel in the defending the case.
Pre-trial Conference
In misdemeanor cases, after the initial arraignment, the Judge may set a Pre-trial Conference. This is
to give the prosecutor and defense counsel the opportunity to try to resolve the case without having to
go to trial. This may involve a plea bargain.
Plea Bargains
Many criminal cases are settled by plea bargaining rather than by a jury trial. The plea bargain is
generally accepted to avoid the uncertainty of the jury trial, for both the defendants and the
prosecutors.
A plea bargain is an agreement in a criminal case where a prosecutor and a defendant come to an
agreement on how to resolve the case. The defendant may agree to plead guilty to a lessor offense than
charged, or to a smaller number of offenses than charged. In exchange for the defendant's guilty plea,
the prosecutor may agree to suggest or not oppose a particular sentence, probation, or other
conditions.
Even though an agreement is reached between the prosecutor and the defendant, plea bargains are still
subject to the approval of the court. This means that the Judge is not obligated to accept the plea
bargain if he or she feels it is not appropriate in that case.
Preliminary Hearing
Preliminary hearings only occur in cases involving gross misdemeanors or felonies. The purpose of the
preliminary hearing is for the Judge to determine whether or not there is probable cause to bind over
the case to the District Court level. The burden of proof for the prosecutor in this hearing very low, in
that the prosecutor must only show by slight or marginal evidence that the defendant may have
committed the crimes he/she is charged with. The preliminary hearing allows the defense a preview of
the prosecution’s case, as well as having the prosecution’s witnesses’ sworn testimony on the record
for trial. At the end of the preliminary hearing, the prosecutor may amend charges, dismiss charges, or
add charges. The Judge may also dismiss some or all charges if there has not been enough evidence
presented to support them.
Indictments
Occasionally, a defendant may have charges brought against him/her in a charging document called an
Indictment. If an Indictment has been filed against a defendant, the matter will not proceed through the
earlier justice court stages. Instead the case will start in the District Court, with an Initial
Arraignment.
An Indictment is issued from a Grand Jury. A Grand Jury is a group of people who meet in a closed
hearing, and are presented with evidence from the prosecutor regarding incidents which are alleged to be
criminal in nature. Defense counsel cannot be present, and cannot question any of the witnesses.
However, defense counsel can provide the prosecutor with evidence that might 'explain away the
charges' and the prosecutor has a duty to present that evidence to the Grand Jury. After hearing all the
evidence, the Grand Jury then makes a determination whether criminal charges should be brought
against a defendant. The burden of proof that must be shown by the prosecution is the same as that in
a preliminary hearing.
Cases can begin in justice court with a criminal complaint and be taken to the Grand Jury instead of
proceeding through a preliminary hearing.
Initial Arraignment in District Court
If the case is bound over to District Court, there is another arraignment hearing in the assigned District
Court. Again, the Judge will ask the defendant to enter a plea to the charges that were alleged in the
criminal complaint. At the District Court level, the criminal complaint is now called an Information, if
the case went through justice court, or called an Indictment if the case went before a Grand Jury. If a
plea bargain has been reached, the details of the deal will be placed on the record. The Judge will then
ask the defendant questions concerning his knowledge of the plea bargain, and if his answers, and the
plea bargain itself, are acceptable to the Judge, a sentencing date will be set.
If there is no plea bargain reached between the parties, and the defendant is pleading not guilty, the
Judge will set two court dates. The first is a hearing is to determine whether both sides are prepared to
go forward with a jury trial, or have reached a plea bargain. This is called a calendar call. A trial date is
also set, usually about one week after the calendar call.
Pre-trial Motions
Pre-trial motions can be excellent tools for criminal defense attorneys. They are not appropriate in all
cases, but they can force the dismissal of charges or exclude evidence against the defendant in certain
situations.
Only after a complete review of the evidence in a case and the transcript from the preliminary hearing
will a defense attorney decide whether any pre-trial motions are appropriate.
Bench and Jury Trials
A trial is an examination of the facts and law where the prosecution must prove, beyond a reasonable
doubt, that the defendant committed the crimes he/she is accused of doing. A bench trial is a trial in
which the Judge hears the evidence and decides the guilt or innocence of the defendant without a jury.
Most misdemeanor cases have bench trials instead of jury trials. If the defendant is charged with gross
misdemeanor or felony offenses, then the defendant has a right to a jury trial. If a jury trial is held,
than the jury assumes the role of “trier of fact,” and makes the determination as to guilt or innocence of
the defendant. In a case where the death penalty is being sought by the prosecution, the jury will also
determine whether or not to impose the death penalty.
Sentencing
If the defendant is found guilty of any or all crimes charged, he/she will ultimately be sentenced. Prior
to that sentencing hearing, the defendant will be interviewed by the Department of Parole &
Probation. After this interview, a report will be prepared and provided to the court, the prosecutor
and the defendant. This report will contain a summary of the facts of the case, and any prior criminal
history of the defendant. It will also contain a recommendations from the Department of Parole &
Probation concerning the appropriate sentence. While the recommendation is not binding on the court,
it does influence the court’s decision.
In many cases, the defendant may receive a suspended sentence, and be placed on probation. During
this time of probation, the defendant will be supervised by a probation officer. There will also be
many conditions placed on the defendant during the term of probation, such as allowing any police or
probation officer the right to search the person or residence at any time without a warrant or probable
cause.
If probation is not granted by the court, the defendant will be sentenced to jail or prison depending
upon the type of criminal conviction.
Appeals
Once the defendant is convicted, there is a right to appeal. There are strict time limits for the filing of
the notice of appeal. This notice of appeal is the document which begins the appellate process. It is
the defendant’s responsibility to make sure the notice is filed within the time limit. While it is possible
in rare occasions that the Supreme Court will allow an appeal to proceed which did not adhere to the
time limits for the filing of the notice, in most cases, the appeal will be dismissed without being
reviewed.
The Criminal Case Progression in Nevada State Court
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Cynthia Dustin
Criminal Defense Attorney
Law Office of Cynthia
Dustin, LLC
Las Vegas, NV
contact us at
info@dustinlaw.com
Criminal Defense Attorney
Law Office of Cynthia
Dustin, LLC
Las Vegas, NV
contact us at
info@dustinlaw.com