What To Expect

 

We understand that you may have many questions about what to expect when you appear in court. The following information is provided for your convenience.

This information is important to you.  It will answer many of your questions, so please read it carefully.  If you do not understand or still have questions, you may ask the judge.

Arraignment: The purpose of an arraignment is to advise you of your rights under the Nevada Constitution and the Constitution of the United States, to inform you of the charge[s] against you, to provide you with a copy of the complaint, to answer any questions you might have, to have you enter a plea to the charge[s], to set a date for your pretrial conference, trial or preliminary hearing, or depending on your plea, to sentence you. In some cases you may be eligible for a court-appointed attorney at a reduced cost or at no cost, if you cannot afford one. The Judge will ask you questions about your financial situation to determine eligibility.  

Your Plea: When you are called to stand before the judge you will be required to enter a plea. The ways you may plea to a misdemeanor offense are:

Guilty.  A plea of guilty means that you are admitting that you did what the state accuses you of doing. It will result in a conviction for the charge[s].

No Contest.  A plea of no contest, or nolo contendere, means that you are not admitting guilt and not denying it. You are saying that you do not intend to contest the charge[s]. In this case, the judge will find you guilty of the charge[s].  It will result in a conviction for the charge[s] and the provisions under "Guilty" above apply.  There are some advantages to the No Contest Plea, especially if you were involved in a traffic accident.  

Not Guilty.  A plea of not guilty means that you are denying the charge[s] and are demanding that the State prove the allegations  at trial "beyond a reasonable doubt".

SOME OFFENSES, SUCH AS DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, CARRY ENHANCEMENT PENALTIES FOR SUBSEQUENT CONVICTIONS. CONVICTIONS MAY ALSO RESULT IN A VIOLATION OF PROBATION OR PAROLE, IF APPLICABLE, AND/OR THE RECHARGING OF A COMPLAINT THAT HAS BEEN DEFERRED. YOU SHOULD SEEK THE ADVICE OF COUNSEL BEFORE ENTERING A GUILTY OR NO CONTEST PLEA TO A SERIOUS MISDEMEANOR.

You Give Up Your Constitutional Rights By Pleading Guilty or No Contest.  You give up your right to a trial, your right to the assistance of an attorney at all stages of the proceedings, including appeal. You give up your right to confront the witnesses and to cross-examine them, your right to present evidence on your own behalf, the right to have subpoenas issued to compel witnesses of your choosing to appear and testify, and your right to remain silent. Your plea must be free and voluntary and not the result of any force, threats, or promises (except a plea agreement, if any). 

If You Are Not A Citizen: Pleading guilty or no contest may affect your immigration status.  Admitting guilt may result in deportation, even if the charge is later dismissed.  The admission of guilt could result in your deportation or removal, could prevent you from being able to get legal status, or from becoming a U.S. citizen.

Sentencing: If you plead guilty or no contest or are found guilty after a trial, the judge will sentence you.  The sentence will usually be pronounced right after you enter your plea or at the conclusion of the trial resulting in your being found guilty.  

If You Plead Not Guilty: You should plead not guilty if you wish to contest the charges and have a trial. If you are not sure what to do, or if you are confused, or if you want to think about it further, you may enter a not guilty plea or ask the Judge for a continuance of the arraignment.  You can later decide to change your plea to guilty or no contest if you wish.  If you plead not guilty you will have a pretrial conference to try to settle your case. 

THERE IS NO PENALTY FOR PLEADING NOT GUILTY. YOUR SENTENCE WILL NOT BE MORE SEVERE OR LESS SEVERE BASED MERELY ON HOW YOU PLEAD.

Pretrial Hearing or any other hearing scheduled: A pre-trial appearance is a chance for you to meet with the Deputy District Attorney handling your case. He or she will have reviewed the file and your record prior to the hearing, and determine if negotiating your case is a good alternative. You MUST attend any future court dates set in your case.  You will receive a yellow return to court slip.  It will have the date, time, location, and the type of hearing scheduled.  Failure to appear for a hearing may result in a warrant being issued for your arrest, without further notice.