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Hearing on motion

A Las Vegas Criminal Defense Lawyer Advises Pre-Trial Hearings on Motions in Nevada NRS 174.135

Defense Lawyer Advises Pre-Trial Hearings on Motions Defendants in a criminal case can make pre-trial motions. Defendants can move for dismissal or seek other relief, such as a motion for evidence to be suppressed or for joint defendants to have their cases severed or for counsel to withdraw.  There are some defenses and objections that must be made, and certain motions filed, before a trial begins. When a motion is filed, the court will hold a hearing so arguments can be made before a decision is reached.

When you are on trial and facing criminal penalties, you need to make sure that you have made all of the motions necessary to help you fight the charges and to make it harder for the prosecutor to make a case. You also need to be prepared for all court hearings.

The process of making motions and making legal arguments can be very complicated. A Las Vegas criminal defense attorney should be consulted to assist you. At LV Criminal Defense, our legal team has strong legal skills and solid experience defending clients accused of all types of crimes. We are there to help you throughout the pre-trial process, with both submitting motions and making compelling arguments during a hearing. Give us a call as soon as you are indicted or as soon as criminal proceedings begin against you so that we can start with your defense.

Nevada Rules on Hearings for Pre-Trial Motions

Nevada Revised Statutes section 174.135 provides information on when a hearing is held in response to a pre-trial motion.  According to N.R.S. 174.135, a motion that is submitted before trial that raises defenses or raises objections should be determined prior to trial.  However, under certain circumstances, the court can order that the hearing be deferred and that the issues raised in the motion be determined during the main criminal trial.

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N.R.S. 174.135 also details who will make decisions on issues that are raised.  In some cases, a jury trial is required by the United States Constitution, by the Nevada constitution, or by statute. When a trial by jury is required, the jury is given responsibility to decide on all issues of fact.   Other issues of fact can be determined by the court, with or without a jury involved. The court can also direct that issues of fact can be determined on affidavits or in other appropriate manners as directed by the court.

If a hearing is to be held, the party who made the motion generally has the opportunity to make legal arguments in favor of the court providing the relief requested in the motion. The opposing party will have the opportunity to argue against the court granting the relief. The stakes can be very high in criminal cases, especially if you have filed pre-trial motions claiming there is a defect in the indictment or that the prosecutor should not be able to use some specific evidence against you in your criminal case.

Las Vegas Criminal Law Firm Can Help

At LV Criminal Defense, our legal defense team is skilled at identifying objections and raising defenses, and our legal team has extensive experience drafting motions to the courts. We also understand Las Vegas rules for when and how courts hold hearings on motions and we are prepared to help you make strong arguments in favor of the motions you’ve made. The goal is to get you desired relief that either puts an end to the criminal proceedings against you or that makes it more difficult for a prosecutor to be successful in securing a conviction against you.

There are many decisions that need to be made during criminal proceedings, including important choices during the pre-trial process about your legal strategy.  You need a Las Vegas criminal defense lawyer by your side, so give LV Criminal Defense a call today so we can begin working for you.

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