FELONY CRIMES
Las Vegas Felony Defense Lawyer
​
A felony is a crime where the potential punishment is one year or more in prison. A felony is more severe than a misdemeanor. Therefore, it is vital to get an experienced Las Vegas attorney to defend you against felony charges.
​
Some examples of Felony Charges in Las Vegas include:
​
​
Felonies range from the most severe, murder and sexual assault, to the least severe, possession of a controlled substance. In Nevada, there are different categories of felonies ranging from Category “A” to Category “E”.
​
A Category "A" felony carries a sentence of death or life imprisonment which is the highest penalty for committing a crime in Nevada. A Category “E” felony includes the lightest felony punishment with a potential sentence of one (1) to four (4) years in prison.
​
​
​
​
​
​
​
If you've been arrested or accused of a felony, it's important that you talk to an experienced felony defense attorney as early as possible in your case to defend you against these serious charges.
Las Vegas Felony Defense Attorney
Joseph Gersten is a felony defense attorney committed to defending you against felony charges in Las Vegas, Nevada and surrounding areas. Contact us immediately if you have a felony arrest or conviction on 702.857.8777 to discuss your case.
​
Nevada Felony Charges Information Center
​
Felony Arrests and Initial Appearance
​
There are a number of steps that will occur after a person is arrested for a felony.
Initial Appearance
​
-
A person in custody must appear before a magistrate or Justice of the Peace within seventy-two (72) hours or three (3) business days.
-
During the appearance a prosecutor will inform the Court whether charges have been filed.
-
If charges have been filed, a criminal complaint will be handed to the defendant and the Court will ask whether the Defendant understands the charges.
-
The Court will determine if the Defendant can retain an attorney at this time.
-
The Court will set a date for a preliminary hearing.
-
If the Defendant is in custody, a preliminary hearing will be scheduled within 15 days.
Preliminary Hearing
The preliminary hearing is a critical stage in the Nevada criminal system. It is very important that you have counsel to represent you.
​
A preliminary hearing is a formal proceeding where the prosecution must convince the Justice of the Peace that there is slight or marginal evidence that the Defendant committed a crime. A preliminary hearing’s main purpose is to determine whether there is some evidence to warrant going to trial. It is similar to a probable cause hearing. At the preliminary hearing, the prosecution must present witnesses and evidence that the crime was committed. The Defense has an opportunity to cross-examine the witnesses. If the Justice of the Peace determines that the prosecution has demonstrated a scintilla of evidence, the case will proceed to the District Court.
In Clark County there are several jurisdictions that conduct preliminary hearings. If the crime allegedly occurred within the limits of the Las Vegas Township, the case will be heard before one of the 14 Las Vegas Justice Courts. Other Clark County Justice Courts are located in North Las Vegas, Henderson, Mesquite, Goodsprings and Laughlin.
Indictment v. Information
An Indictment is a charging document that has been approved by the grand jury. A grand jury is a secret proceeding where a jury hears evidence only from the prosecution side and makes a determination on whether there is enough evidence to proceed to a trial. The Defense is not privy to the grand jury proceedings and cannot present evidence at the proceeding. If the grand jury finds enough evidence they will give an Indictment.
An Information is a sworn statement which accuses the Defendant of committing some criminal act. The Information is presented by an authorized public official. Both an information and an indictment are two mechanisms used to charge the Defendant with a crime.
Arraignment Hearing
In District court the Defendant will formally receive notice of the criminal charges being brought against him. An arraignment is a formal reading of the Information or Indictment against a Defendant.
At the arraignment the Defendant is able to announce to the Court his plea of guilty or not guilty.
After the Defendant enters the plea, the court will set a trial date. The Constitution guarantees a right to a speedy trial. Typically Nevada courts set a trial date for 60 days after the Defendant’s arraignment. However, due to legal motions, the court calendar in Clark County and other reasons, the Defendant might not be tried within 60 days.
The Clark County District Court is located in the Regional Justice Center in Las Vegas. Any crime that is alleged to have occurred in Clark County would be processed up to the Clark County District Court.
Jury Trial
​
In the State of Nevada, a trial is conducted before a jury of 12 people. The jurors are generally picked from a pool of local citizens before a trial has commenced. During a jury trial, the prosecutors must prove their case beyond a reasonable doubt.
​
The jury will decide whether the prosecution has carried the burden of proving their case beyond a reasonable doubt. If the jury unanimously decides that the State has proven their case beyond a reasonable doubt, then the jury will return a guilty verdict. If the jury unanimously decides that the State has not proved their case beyond a reasonable doubt, the jury will enter a verdict of not guilty. In the event the jury cannot make a unanimous decision, the jury is called a “hung jury,” and a mistrial is declared. The prosecution will decide whether to conduct another trial if a mistrial happens.
Finding the Best Felony Criminal Defense Lawyer in Las Vegs
​
If you are facing felony criminal charges in Las Vegas, Nevada contact the Law Office of Joseph Gersten on (702) 857-8777 for a free legal case evaluation. Joseph Gersten is a successful Las Vegas criminal defense attorney who is dedicated to working to protect your rights in a felony case.
