The first stage of a criminal case is for the parties to file pleadings. Both prosecutors and defendants file pleadings with the court stating their basic purpose or position. For prosecutors, pleadings can include a complaint, an information, or an indictment. The complaint, information, or indictment must set forth the criminal charges the defendant faces and must provide sufficient substance about the accusations so that the defendant is aware of what he is being accused of doing.
A defendant then must submit his own pleadings during arraignment. A defendant’s pleadings include his plea, which could be guilty, not guilty, guilty but mentally ill, not guilty by reason of insanity, or nolo contendere (no contest).
These are the only pleadings in a criminal case permitted by either a defendant or a prosecutor. However, there are many other motions that can be submitted to the court. Defendants will need to decide what motions to submit and what defenses and objections to raise during the pre-trial phase.
You could lose out on the opportunity to raise certain defenses or make certain motions if you do not act during the pre-trial phase, so it is important that you have a legal advocate looking out for you as early as possible when you are involved with the criminal justice system. LV Criminal Defense understands the Nevada rules for motions and pleadings and can help you to ensure you are submitting everything you should to the courts to protect your rights.
The basic rules for pleadings and motions are set forth within Nevada Revised Statute section 174.075. This Code Section declares what pleadings are permissible in criminal cases. Outside of the plea that the defendant enters and outside of the indictment, information, or complaint, all other pleas, demurrers, and motions to quash have been abolished. Instead, any defenses or objections that a defendant wishes to raise should be raised in a motion submitted to the court. The defenses or objections can be raised in a motion to dismiss or in a motion to grant relief.
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It is very important to understand what defenses and objections have to be raised by making a motion, as well as which motions have to be made before trial begins. If you want to do things like suppress evidence because it was illegally obtained and you do not make a motion in a timely manner before the trial begins, you could be prevented from asking the court to suppress the evidence or to provide other desired relief. This could hurt your legal defense strategy in the criminal proceedings, which could make it easier for a prosecutor to successfully make a case against you.
At LV Criminal Defense, our legal team has an in-depth knowledge of all of the different types of motions that must be raised before trial and of all of the defenses and objections that must be raised in a motion.
We will carefully review the tactics the prosecutor is using, the evidence collected against you, the information you provide us, and details we obtain in an investigation of your case to identify all pre-trial motions to make and all objections or defenses to raise. We will submit all of the necessary court paperwork for you to preserve your objections, protect your rights, and seek relief from the court.
Do not take a chance on missing out on making a motion that could get your case dismissed or that could be the key to a not guilty verdict. Give us a call today to speak with a Las Vegas criminal defense lawyer who will advise you on how to plead and who will help make all motions necessary to build the strongest possible defense.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.