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An arraignment notice can leave you wondering whether you will have to explain the incident, enter a plea or return to custody. The immediate task is to identify the court, understand the charges and get advice before making a decision that affects your case.
An arraignment is not a trial. It is generally the stage at which the court formally addresses the charges and calls for a plea. What happens next depends on the offense, the court and the plea entered.
At LV Criminal Defense, attorney Nicholas Wooldridge represents people facing criminal charges in Las Vegas and throughout Clark County. Counsel can review your paperwork, explain the hearing and assess any immediate issues involving attendance or custody.
Call (702) 623-6362 or request a free initial consultation. Mention the court and hearing date when contacting the office. An inquiry does not confirm that an attorney will attend.
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Arraignment is typically conducted in accordance with NRS 174.015, which requires that the charges be stated in open court and then the defendant be asked for his/her plea. Prior to being arraigned, a defendant who has been indicted or informed upon must be provided with a copy of the indictment/information. Justice and Municipal Courts handle criminal complaints pursuant to the appropriate provision of this statute.
The hearing is not ordinarily an opportunity for witnesses to give their full accounts or for the judge to decide whether the prosecution has proved guilt. Understanding that distinction helps you prepare for the decision actually being addressed.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A misdemeanor arraignment may take place in a municipal or justice court, depending on jurisdiction. A not-guilty plea can lead to further pretrial proceedings and trial scheduling; a guilty or no-contest plea can lead to sentencing. The timing depends on the case and the court.
Charges involving DUI or domestic battery can have significant consequences despite a misdemeanor classification. Do not evaluate a proposed plea solely by whether it avoids immediate jail.
A felony case may begin with an initial appearance and preliminary-hearing proceedings in justice court before moving to district court. An indictment provides another route. The district-court arraignment follows an information or indictment.
Importantly, NRS 171.196 says a defendant must not be called upon to plead in justice court to an offense that court cannot try. A first felony appearance there is therefore not interchangeable with the later district-court plea hearing.
A preliminary hearing determines if there are enough reasons to proceed with the prosecution; it is not the actual trial. Although both hearings take place at an early stage of the case, they should be considered separate events.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
The charge and identity are addressed. The court identifies the accusations and the person charged. Tell your lawyer about an incorrect name or other identifying error in the paperwork rather than assume it will correct itself.
Representation is addressed where necessary. In district court, Nevada Rule of Criminal Practice 4 provides for determining eligibility for appointed counsel when needed, arraigning the defendant and setting appropriate dates after a not-guilty plea.
A plea is entered. Discuss the available choices with counsel. Do not assume the lawyer has received every recording, report or laboratory result by the arraignment date.
The next steps are identified. These may include another hearing, motions, trial scheduling or sentencing following an accepted plea. Ask what the next date is for, whether you must attend and which release conditions remain in effect.
The different types of pleas that are allowed in Nevada are governed by NRS 174.035. When a defendant enters a plea of “not guilty,” they are disputing the charges against them. When a defendant enters a plea of “guilty,” they are admitting to the charges against them.
If a defendant enters a plea of “no contest” (also known as nolo contendere), this type of plea requires approval from the court; however, once approved, the defendant will be convicted and sentenced based upon their plea of no contest, even though they did not formally dispute the charges against them. There are also other types of pleas related to mental illness that have specific legal requirements.
A plea of not guilty allows the case to continue to move forward while the defense continues to investigate and evaluate their options. The defense may still negotiate with the prosecution regarding a possible plea agreement, and the defendant’s plea may ultimately be changed through the appropriate court procedures.
A plea of not guilty does not require the defendant to establish their innocence at the time of arraignment. In order for the defendant to be found guilty at trial, the prosecution must demonstrate that the defendant is guilty beyond a reasonable doubt.
Before you agree to any plea agreement, ask yourself what actions you would be admitting to, which charges would be dismissed or remain, what potential sentence(s) could legally be imposed, and whether the judge is required to follow any recommended sentence. Also consider how the plea agreement might affect you personally (e.g., license issues, immigration issues, registration issues) before making your final decision.
A promise of certainty should not substitute for reviewing the actual terms. Our guide to pleas and plea agreements provides more detail. Under Nevada Rule of Professional Conduct 1.2, the decision about which plea to enter belongs to the client after consultation with counsel.
Unless there is an approved alternative, assume you will have to go. Having a lawyer will not get you out of going. NRS 178.388 says that most people must attend; however, there are some exceptions. If the crime is punishable by a fine or less than one year in jail, the court may allow the proceedings to take place without the defendant if they have provided the necessary written consent and findings regarding their rights.
Video conferencing is also a possibility through the court. If you do not live in Nevada, let your attorney know prior to booking travel or assuming you will be able to participate remotely. The requirements are based on the case and the court, not just how inconvenient it would be for you to return to Las Vegas.
For criminal misdemeanor citations, Las Vegas Justice Court Rule 7.3 warns that failure to attend arraignment may result in a bench warrant. Contact counsel promptly if you have missed a date or expect a problem attending.
Do not treat a rescheduling request or a voicemail as permission to stay away. An order changing the appearance requirement must be confirmed.
It is possible, but arraignment does not automatically mean jail. A warrant, an alleged violation of release conditions or a court decision about custody can affect what happens. A lawyer should review your status before predicting the outcome.
During an individual’s first time appearing in court, the decision regarding whether he/she will be released from jail may or may not take place. Nevada has developed a separate pre-trial release hearing process (NRS 178.4849) that generally requires a hearing within 48 hours of being arrested; however, there are many exceptions and continuances that can delay this hearing. This is not a universal deadline for all arraignments nor does it guarantee that you will be released.
If someone is already detained, our Las Vegas arrest guide explains custody searches and immediate next steps. Continue following existing release conditions unless the court changes them.
Check the notice. Confirm the court, department, case number, date, time and appearance format. A missing online search result does not establish that a hearing has been cancelled.
Organize the paperwork. Have the citation or charging document, release conditions and correspondence available for counsel. Identify upcoming deadlines and questions about the charges.
Discuss representation before the date. If you cannot afford an attorney, ask the court about appointed counsel. NRS 171.188 sets out Nevada’s application procedure. Do not miss court while trying to arrange a private lawyer.
Let the court and your attorney know as soon as possible if you have any language or access issues. If you require interpretation or an accommodation, please inform the court and your attorney. Information about interpreters and accommodations can be found on the website of the Eighth Judicial District Court. Do not assume that a family member will be able to act as an interpreter in place of a court-appointed interpreter.
Prepare for your appearance. Give yourself enough time to travel to the courthouse, go through security and find the correct courtroom. Follow all instructions provided by the court. If you are authorized to participate remotely, make sure you have confirmed the connection information and participation requirements prior to your appearance.
Check the court named on your paperwork. Las Vegas Municipal Court, Las Vegas Justice Court and the Eighth Judicial District Court are different courts. A case connected to Henderson or North Las Vegas may involve another local court.
Las Vegas Municipal Court: The courthouse is at 100 E. Clark Avenue. Its official case portal provides case and scheduled-event information.
Las Vegas Justice Court: Use the official court website to reach its case-search and criminal-division information. Confirm the assigned department and hearing location.
Eighth Judicial District Court: The civil/criminal court is based at the Regional Justice Center, 200 Lewis Avenue. Use the official clerk’s case-information guidance for district-court records.
LV Criminal Defense assists clients from Las Vegas, Henderson, Summerlin, North Las Vegas, Paradise, Spring Valley and Enterprise. Your home neighborhood does not determine the court; the filed case and jurisdiction do.
Preparation following a “not guilty” plea is typically focused on examining the evidence, investigating disputed facts and addressing legal issues. Discovery and Inspection Guide covers disclosure; Pretrial Motion Guide discusses challenges that may need to be brought before trial. Witness planning can include subpoenas or procedures for out-of-state witnesses.
Criminal Depositions and Videotaped Testimony have specific requirements; they are not routine interviews of each witness. Some cases also present issues regarding joint or separate trials, moving the trial to another county or scheduling the trial. These topics will be addressed in their own guides rather than being treated as mandatory steps in every case.
The aim is to prepare for the evidence and decisions ahead, whether the matter proceeds to trial or reaches an appropriate negotiated resolution.
A case can sometimes be resolved or dismissed early when legally appropriate. But arraignment is not ordinarily a full evidentiary hearing, and pointing out a disagreement with the police report does not automatically end the prosecution. The grounds and procedure for any dismissal must be assessed separately.
In some cases an accepted guilty or no-contest plea can be followed by sentencing at the same hearing; in others, sentencing is scheduled later. Ask counsel about the procedure before entering a plea. Arraignment should not be treated as harmless paperwork.
There is no reliable universal duration. The discussion of your case may be brief, but waiting time, unresolved representation issues and other matters on the calendar can affect the visit. Confirm the schedule and avoid planning around an assumed five-minute appearance.
Your relative may be able to help you find an attorney or collect paperwork; however, they cannot take your place in court nor make a plea on your behalf. If you have been granted permission to miss court or appear by other means, please confirm this with both your attorney and the court.
Before your hearing, you should know which charges are being addressed, whether you must attend and what decisions may arise. Send the office the court name and hearing date when requesting assistance; preserve detailed case information for an appropriate discussion with counsel.
Call (702) 623-6362 or contact LV Criminal Defense to discuss your arraignment and next steps. No plea outcome, release decision or dismissal can be guaranteed.
Attorney advertising. Responsible attorney: Nicholas M. Wooldridge. This page provides general information, not advice about an individual case. Submitting an inquiry does not establish representation or confirm that the firm will attend a hearing.
