Before a criminal trial, a discovery process occurs in which depositions are taken and certain information is exchanged. The discovery process is intended to give the defendant the opportunity to find out what witnesses will say, to see the results of scientific testing, and to review documents the prosecutor intends to use against him. There are strict rules regarding the types of disclosures which must be made and the types of information which must be shared. These rules are found in N.R.S. 174.233 through N.R.S. 174.295.
While regulations guiding the discovery process are generally aimed at the open disclosures of information, there is an exception. Protective orders provide protection from the disclosure of certain information under appropriate circumstances. Defendants need to know the rules for protective orders so they can understand how their defense strategy could be impacted and what types of information they may be protected from providing or prevented from receiving during discovery. A Las Vegas criminal attorney can help defendants to learn more about protective order rules and can provide assistance in trying to argue for or against a protective order so the defendant is able to make his case.
LV Criminal Defense has extensive experience with the discovery process and with other trial preparation steps. We know the rules of criminal procedure inside and out and help to ensure defendants do everything possible to put together the strongest possible defense. Give us a call today so we can begin working on your defense strategy and fighting for your freedom.
Nevada Revised Statute section 174.275 details the rules for protective orders and the situations under which a court may grant such an order to prevent certain disclosures during discovery. The relevant code section provides that the court may order that discovery or inspection be “denied, restricted, or deferred” upon a sufficient showing that such action is appropriate.
When a protective order is sought from the court, the district attorney or the defendant seeking to protect information from disclosure will need to provide solid legal arguments about why the court should act. The information and legal arguments in favor of a protective order must be provided to the court in a written statement, which will be inspected in chambers by the judge. Because the judge reviews the written statement in chambers, the information contained within is not known to a jury and can remain confidential.
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When a written statement is submitted by a prosecutor or by a defendant, the entire text of the statement has to be preserved so that the appellate court can review the statement in the event that the defendant appeals the decision that has been made in the criminal case.
Protective orders could prevent you from getting the information you need to raise vigorous defenses during your criminal case. You need to ensure you can make a solid argument against the court granting protective orders when you believe you need certain information in order to build the strongest possible defense.
At LV Criminal Law, our legal defense team understands Nevada rules for protective orders and we provide comprehensive assistance to clients throughout the discovery phase in gathering the information they need as part of their trial strategy. You deserve to have the best defense possible when your future, freedom, and finances are on the line in a criminal case- and we have studied the rules of civil procedure to help ensure you can make the discovery process work effectively for you. Give us a call today to speak with a Las Vegas defense lawyer to learn more about the assistance we can offer.