A Vegas Defense Attorney Describes Rules for Prisoners Testifying in Nevada NRS 174.325

If your criminal defense strategy involves presenting testimony to the court from someone who is currently serving time behind bars, a special process must be followed so the prisoner can be brought before the court to give testimony. A prosecutor who wishes to prevent evidence provided by a prisoner also must take special steps to secure the temporary release of the incarcerated person so the individual can appear in court. The rules for the production of a prisoner as a witness are found in the Nevada Revised Statutes code section related to trial preparation and subpoenas.

There are myriad rules of criminal procedure which defendants should be aware of, including the rules to follow when you are hoping to secure testimony from a prisoner. Navigating the criminal justice system, raising effective defenses, and presenting witness testimony can all be extremely complicated. Defendants should get qualified legal assistance from a trusted Las Vegas criminal attorney to provide help with all aspects of evidence gathering; interviewing and presenting testimony from witnesses; and other steps involved with putting together the strongest possible case.

LV Criminal Defense is here to help. Give us a call as early as possible so we can guide you through the pre-trial process and so our legal defense team can help with discovery issues, subpoenas, and collection of evidence so you can put together a strong case.

Rules for Subpoenas When Prisoners Have to Testify

According to N.R.S. 174.325, a district court or a district judge can issue an order if it is necessary for someone imprisoned in state prison or in a county jail to be brought before the court to testify. The sheriff can execute the order.

The order to bring a prisoner to testify can be made only if the district attorney or the defendant involved in a case submits a motion to the court and provides an affidavit showing the nature of the action or proceeding the imprisoned person will testify in. The affidavit to the court must also provide some basic details on the specifics of the testimony that the imprisoned person will provide and the materiality of that testimony to the case before the court.

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There is a cost associated with having a prisoner brought before the court to testify. In some cases, this cost is paid for by the defendant who needs the testimony of the prisoner as a part of his defense strategy. In other cases, at the discretion of the court, the state will also pay for the cost of bringing a prisoner before a judge to provide testimony.

How a Las Vegas Defense Lawyer Can Help

A Las Vegas criminal attorney understands the rules for prisoners giving testimony in Nevada criminal cases. We can help to ensure the proper protocols are followed if you need someone who is in prison to testify on your behalf. We also provide comprehensive assistance with other legal matters related to witnesses, the discovery process in a criminal case, and the preparation of a legal defense strategy when defendants face charges.

You don’t want to jeopardize the outcome of your criminal case by not having the witnesses you need or by not being able to make the strongest case possible to fight for your future. LV Criminal Defense knows the Nevada rules of criminal procedure inside and out and can help to ensure you follow all procedural requirements as you build a strategic defense strategy. Give us a call today to schedule your consultation and to learn more about how we can help you as you fight for the best outcome possible when faced with charges.