When you are defending against criminal charges in Nevada, the Nevada rules for discovery determine what information you must provide to the prosecutor and what information the prosecutor has to provide to you. There are many strict deadlines which must be followed during the discovery process, including a reciprocal exchange of lists of witnesses and other evidence five judicial days before trial as well as a requirement to provide written notice of alibi evidence to the prosecutor 10 days before trial commences.
Understanding all of the deadlines and timelines associated with the discovery process is essential so you do not make procedural errors and miss out on the opportunity to present evidence or to secure necessary information from the prosecutor in your case. A Las Vegas defense lawyer can provide you with help understanding deadlines and making sure the timeline in the discovery process does not have an adverse impact on your defense strategy.
At LV Criminal Defense, our legal team understands the rules for discovery including the timeframes in which motions must be filed with the court. We will work hard to help you ensure that evidence favorable to you is admitted and to try to explore procedural ways to keep unfavorable evidence from being presented. Give us a call as soon as you are facing a criminal trial so we can start right away in developing a legal strategy and putting our knowledge of criminal procedure rules to work for you.
While several provisions of the Nevada code address different deadlines for discovery, it is Nevada Revised Statutes section 174.285 which specifically addresses time limits.
According to this code section, requests made pursuant to either N.R.S. 174.235 or 174.245 have to be made within 30 days of the time a defendant is arraigned, or must be made at another reasonable time as permitted by the court. N.R.S. 174.235 deals with the reciprocal disclosure of witness lists and of information about the evidence which will be presented in trial. N.R.S. 174.245 deals with disclosure of certain evidence related to the defense you intend to present.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
If a request for the exchange of information is made at any other time, the party submitting the request to the court must show cause to demonstrate that the court’s granting the request would be in the interest of justice. This means that when an exchange of information is requested outside of the standard time frame, the request has to be accompanied by an explanation for why it is necessary to a fair trial for the court to grant this untimely request.
In addition to addressing when requests have to be made, N.R.S. 174.285 also provides information on when parties have to comply with either requests for reciprocal information or requests for defense evidence. Under this statute, the prosecutor or defendant have to comply either within 30 days of the time the request for evidence or information is made to the court or must comply at a reasonable later time as permitted by the court.
You cannot afford to lose out on the opportunity you need to get essential information that could help you to make a strong case when you’ve been charged with a crime nor you can afford to have evidence excluded because you didn’t provide information to the prosecutor in time. It is imperative you understand time limits as well as other rules of discovery as you move forward in making a case and fighting for your freedom.
At LV Criminal Defense, we work hard to help ensure clients develop the most effective criminal defense strategy possible. Our legal defense team understands all of the rules for discovery, including timelines. We also know the other Nevada rules of criminal procedure and we help clients to avoid strategic errors and make the rules of the criminal justice system work for them. To learn more about how we can help you to meet deadlines and maximize the chances of raising a strong defense through effective strategy during the discovery phase, give us a call today to speak with a Las Vegas criminal attorney.