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Disclosure By Befendant Of Intent To Claim Alibi

A Nevada Defense Lawyer Advises Requirements For Claiming an Alibi in Nevada NRS 174.233

Disclosure By Befendant Of Intent To Claim Alibi

When you are fighting against criminal charges and hoping to avoid conviction, one of the best ways you can defend yourself is to show you were somewhere else at the time the crime was committed. If you have an alibi, you need to make certain you can introduce evidence of the fact you were elsewhere to the jury.  This means you must be aware Nevada law requires you to provide notice to the prosecutor of your intent to claim an alibi before your trial begins.

The requirement that you disclose your intent to declare an alibi witness is one of the many technical details which you need to know about the criminal justice process in the state of Nevada. You cannot afford to make mistakes when it come to the procedural rules, or you could cost yourself your freedom.  To ensure no errors happen and that you actually find ways to benefit from procedural rules, you should be represented by LV Criminal Defense.

Our legal team understands in-depth the Nevada criminal procedure rules and we help defendants to comply with timelines and requirements for submitting evidence . Our Las Vegas defense team also works to find ways to make the rules work to a client’s benefit whenever possible. Our vigorous defense strategy aims to undermine the prosecutor’s case against you by applying our knowledge of both criminal law and procedural requirements. Give us a call as soon as possible so we can get started.

Requirements for Introducing an Alibi Witness in Las Vegas

 Nevada Revised Statute Section 174.233 provides details on the requirements for introducing alibi witnesses as part of your defense.  These requirements are in addition to the mandate in N.R.S. 174.234, which imposes a duty on both prosecutors and defendants in criminal cases to exchange written lists of the names and addresses of witnesses at least five judicial days before trial.

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The additional requirements specific to alibi witnesses mandate that a defendant has to serve written notice of the intent to offer an alibi as a defense at least 10 days before trial, or to serve written notice of the intent to offer an alibi at another time as the court mandates.  The written notice must be served upon the prosecuting attorney.  It must contain specific information including details about the place where the defendant claims he was at the time the alleged crime was committed, as well as the names and last known addresses of all witnesses who will be testifying to help establish the alibi.

The prosecuting attorney is also required to serve notice to the defendant either 10 days before trial or as ordered by the court if the prosecutor intends to introduce rebuttal witnesses. The prosecutor has to provide the names and the last known addresses of anyone who will be testifying in order to try to discredit the alibi.

If either the plaintiff or defendant discover the name and/or address of additional witnesses who will give testimony about the defendant’s alibi after the initial written notice has been served, both parties have a continuing duty to disclose this information.

If a defendant does not file and serve a copy to the prosecutor of the notice of intent to present alibi witnesses, the court may exclude all the witness testimony. Likewise, if the prosecutor fails to comply with notice requirements, the court may exclude rebuttal witness testimony.

How a Las Vegas Defense Lawyer Can Help

At LV Criminal Defense, our experienced legal team will help you to determine if presenting an alibi witness is an effective option for defending against charges. We’ll also provide you with assistance in understanding the rules of civil procedure so you can ensure you do not jeopardize any of your defense strategies by making procedural errors. You don’t want to be prevented from having your alibi witness testify because you failed to make the proper disclosures, and we’ll help to make sure that doesn’t happen. Give us a call as soon as possible if you’ve been charged with a crime to get a Las Vegas defense lawyer working to help you fight conviction.

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