A Las Vegas Criminal Lawyer Unveils Subpoenas in Criminal Case in Nevada NRS 213.1089
Subpoenas are powerful legal tools. When involved in a court action, including a criminal case, you may need access to information which is in the possession of someone who does not want to provide that information. You may also need a witness to provide testimony, even if the witness is not interested in doing so. You can request the court compel the production of evidence or compel someone to testify. If the court agrees it is essential to require the testimony or the information to be provided, the court issues a subpoena. Failure to comply with a subpoena has consequences, including the possibility of ending up in jail. As a result, it is often possible for the use of a subpoena to force someone to provide the information that is necessary for justice to be served.
In a criminal case, both the prosecutor and the defendant can subpoena witnesses or subpoena for the production of documentary evidence. There are strict rules for how subpoenas have to be served and where they must be served. There are also rules for when a person can be held in contempt for failure to provide the requested information.
If you are facing criminal charges, you need a Las Vegas criminal defense lawyer to help you to determine what kinds of evidence to present and to help you successfully convince the court to compel the production of documents or testimony you believe will help your case. If you have been subpoenaed, it may also be advisable to consult a lawyer, especially if you are concerned the testimony you provide could be damaging to you in any way.
Our criminal attorneys at LV Criminal Defense provides invaluable assistance to clients who are raising a defense to charges, as well as to those who have been subpoenaed or who are facing contempt of court for failure to comply with a subpoena. We understand the rules of criminal procedure and the subpoena process and we work hard to help all of our clients to get the best possible outcomes from any involvement with the legal system. Give us a call right away so we can start putting our legal knowledge to work for you.
Nevada Rules for Subpoenas in Criminal Case
The Nevada rules for subpoenas in criminal cases are found in Nevada Revised Statutes section 174.305 through N.R.S. 174.385.
- N.R.S. 174.305 sets forth basic guidelines for how a subpoena must be written and the form a subpoena must take. When a witness is subpoenaed, the subpoena must be issued by the clerk under the seal of the court or must be issued by a justice of the peace. The name of the court must be included on the subpoena. The subpoena must also provide information on who is being subpoenaed and where and when this individual must go to give the testimony which is being compelled.
- N.R.S. 174.315 provides information on prosecuting attorneys authority to issue subpoenas for witnesses to testify in support of the prosecution. This same code section also addresses subpoenas for witnesses that a grand jury can compel to appear before it in connection with a pending investigation as well as the ability of a defense attorney to issue subpoenas.
- N.R.S. 174.325 explains the requirements for subpoenas and the process when a subpoena is issued for someone currently in prison to provide testimony.
- N.R.S. 174.335 explains when and how a subpoena can compel the production of documentary evidence. This section makes clear that the court can require books, papers, documents, and other objects to be produced before trial for inspection by both the prosecutor and the defense.
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- N.R.S. 174.345 explains how a subpoena must be served. Except as otherwise provided, subpoenas have to by served by peace officers or by anyone who is 18 or over who is not a party to the court action. Service of the subpoena takes place when the person who is being subpoenaed is delivered a copy. However, except as otherwise provided by statute, if the subpoena is served to require someone to attend a misdemeanor trial, physical delivery is not required and service by mail is permitted. The subpoena must be sent to the last known address of the person being served at least 10 days before the beginning of the trial where the witness will be asked to testify.
- N.R.S. 174.365 provides details on the places where a subpoena may be served. The rule broadly permits a subpoena to be served anywhere within the state of Nevada.
- N.R.S. 174.375 provides details about issuing subpoenas to appear at depositions. State residents can be required to attend a deposition only in the counties where they live, are employed, or transact business. Nonresidents who are served with subpoenas will be required to attend depositions only within 40 miles from the place of service or from some other place determined appropriate by the court.
- N.R.S. 174.385 explains when a failure to produce evidence or to provide testimony can result in a person who is being subpoenaed being held in contempt of court.
It is imperative for defendants in criminal cases to understand and use the power of subpoenas, as well as for those who are subpoenaed to know their legal rights. An experienced Las Vegas defense lawyer can provide assistance both to those facing charges as well as to those who are asked to provide testimony or other information.
How a Las Vegas Criminal Attorney Can Help
Everyone who is subpoenaed should be represented by an experienced attorney, as you do not want to risk incriminating yourself when testifying in a criminal trial. If you are already facing charges, having a Las Vegas criminal lawyer representing you is essential. Your attorney can help you to request the court subpoena witnesses who could help you to raise defenses and could prepare and conduct examinations of witnesses that the prosecutor has subpoenaed.
The rules for subpoenas are strict in Nevada, and you must be strategic regarding who to subpoena and how to question witnesses. At LV Criminal Defense, we understand the rules of criminal procedure including those related to subpoenaing witnesses. We provide legal representation to people who have been compelled to testify as well as to defendants who need assistance in fighting charges in a criminal case. Give us a call as soon as possible to speak with a Las Vegas criminal lawyer who can offer assistance with subpoenas and other legal matters related to criminal charges.