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Trial preparation is the work of examining the evidence, identifying legal issues and deciding how to present a defense. It begins well before opening statements and can remain important even when a case ultimately resolves without a trial.
At LV Criminal Defense, attorney Nicholas Wooldridge helps clients evaluate the allegations and prepare for the decisions ahead. This guide introduces the main parts of pretrial preparation in Nevada; the linked pages explain individual procedures in greater detail.
Arraignment is the hearing at which the charge is addressed and a plea is entered. We cover that hearing separately in our Nevada arraignment guide. Defense preparation need not wait until that hearing.
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Counsel will obtain and review evidence in accordance with the disclosure rules of discovery and inspection. Evidence that may be relevant to the case includes, but is not limited to: Audio recordings; Photos; Lab reports; Digital records and documents the prosecution intends to introduce into evidence. Discovery does not allow for unrestricted access to all investigative records.
Reviewing those materials is only part of the work. A recording may contradict a written summary. A message thread may contain context missing from a screenshot. Counsel can identify gaps, seek additional records and assess whether an investigator or expert would help address a disputed issue.
The prosecution has to establish guilt beyond any reasonable doubt. NRS 175.191 provides protection for the presumption of innocence. When preparing, the focus should be on evaluating the evidence to determine if it meets the necessary requirements; rather than assuming that a defendant will have to demonstrate his/her innocence.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Some legal issues need to be raised before trial. Appropriate pretrial motions may challenge the admissibility of evidence, address disclosure problems or ask the court to resolve another issue affecting the proceedings. A successful motion can change what happens next, but does not automatically require dismissal.
Deadlines depend on the applicable statutes, court rules and scheduling orders. The Nevada Rules of Criminal Practice govern district-court practice; other courts may have different procedures. Our time-of-trial guide addresses scheduling and related timing issues.
Multiple charges/defendants can create issues with joinder and separate trials. Moving a trial to a different county has its own set of requirements. Both are case-specific issues; they are not something that is done on a regular basis as part of every defense.
Witness preparation involves determining what each individual saw, comparing previous statements made by the witness, and identifying any records which support or refute an individual’s statement. If there is a dispute regarding technical evidence, then counsel may wish to obtain the assistance of an expert.
Preparation should allow witnesses to understand the process without having to change their memory or provide false testimony. A subpoena can be used to compel attendance at a hearing or production of specific items, however, this must comply with all applicable laws. Obtaining testimony from an out-of-state witness may require additional steps. All such arrangements should be completed prior to the date of the trial.
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.
Depositions are not typically allowed as a means for questioning every prosecution witness prior to trial. NRS 174.175 allows for court-ordered depositions under certain conditions.
There are also separate provisions for videotaped depositions and testimony. Counsel will need to determine if both options exist and how the testimony could be utilized.
Trial preparation also involves organizing exhibits, planning witness questioning, anticipating objections and identifying the legal instructions relevant to a jury trial. Counsel should discuss the strengths and weaknesses of the evidence with the client rather than promise a verdict.
Preparing for trial does not prevent consideration of a lawful negotiated resolution. Any proposed plea agreement should be assessed against the evidence, sentencing exposure and consequences beyond the sentence.
Under Nevada Rule of Professional Conduct 1.2, the client decides which plea to enter and whether to testify, after consultation with counsel.
Provide your attorney with all of the documentation, messages, and telephone records, a timeline of events, and contact information for potential witnesses. Identify cameras, accounts, and records that are relevant as soon as possible. Keep everything as it is now; do not delete, modify, or create evidence (even if you think it may be harmful).
Be present at hearings; follow release conditions. Let your attorney know about any missing documents, problems finding witnesses, interpretation needs or any other practical problem that will prevent you from being in court. Do not contact a protected person or attempt to arrange witness testimony. If you need to contact a protected person, ask your attorney how to do so.
A useful defense plan identifies the evidence still needed, the issues requiring a court decision and the choices the client must understand. LV Criminal Defense assists clients with criminal cases in Las Vegas and surrounding Clark County communities, including Henderson, North Las Vegas and Summerlin.
Call (702) 623-6362 or request a free initial consultation to discuss your case and any approaching deadline.
