A Vegas Criminal Attorney Describes Defenses You Must Raise By Motion in Nevada NRS 174.105
When you are facing criminal charges, you need to ensure that you raise every objection you can and that you introduce every defense that could potentially help you to get your case thrown out or to get a not guilty verdict. Some of the defenses and the objections actually have to be raised before the trial process begins. If you do not file motions with the court during the pre-trial phase, you could lose the opportunity to make the arguments that could perhaps mean the difference between a conviction and a dismissal or not guilty verdict.
You cannot afford to miss out on anything that could keep you out of jail or help keep your record clear. As a result, you should have legal help from day one of your involvement with the criminal trial process. LV Criminal Defense has extensive experience providing legal representation to defendants in Las Vegas and throughout the Nevada area.
When it comes to raising defenses, making objections, and mounting a vigorous defense for clients, our firm has an unparalleled reputation. Give us a call as soon as you are indicted, an information is filed, or a complaint is entered against you- if not sooner- so we can get started on exploring pre-trial motions to make and defenses to raise.
Nevada Rules for Raising Defenses and Objections by Motion
During the pre-trial phase, you can submit a motion to dismiss to the court or you can submit other motions and seek relief. Nevada Revised Statute section 174.105 lists certain types of defenses and objections that you must raise in a pre-trial motion, or you will lose the opportunity to raise them.
According to N.R.S. 174.105, you have to raise defenses and objections based on defects in the institution of the prosecution during the pre-trial process. You must make a motion with these objections before the trial starts with only one exception. The exception is for a motion alleging the evidence is insufficient to justify an indictment. This objection can be raised at any time, as long as criminal proceedings remain pending.
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You also have to submit a motion detailing defenses or objections based on defects in the indictment, information, or complaint prior to the trial beginning. The exception to this rule is a motion claiming a failure to charge an offense or failure to show the jurisdiction of the court, which the court will hear at any time during the pendency of the proceedings.
Failure to present a defense or objection detailed in N.R.S. 174.105 constitutes a waiver of the defense or objection. However, the court can grant relief from the waiver and allow a defense or objection to be introduced even if it was not raised in a pre-trial motion if you can show good cause.
Get Help from a Las Vegas Criminal Defense Lawyer
LV Criminal Defense will provide you with guidance on what defenses and objections could potentially be raised when you are indicted, when an information has been filed, or when a complaint has been raised against you. Our legal defense team is thorough in exploring all options for getting your case dismissed or for making it harder for a prosecutor to successfully get a conviction.
From submitting all pre-trial motions, raising all possible objections and defenses, and working hard to develop a detailed strategy to avoid conviction during trial, our legal team has the skills and experience you need to give you the strongest chance of avoiding a guilty verdict. Give us a call as soon as you are facing criminal charges so you do not miss out on any opportunity to fight your conviction.
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