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Postponement: When and how ordered; court may require depositions of and undertakings

When Will a Criminal Trial Be Postponed? A Vegas Defense Attorney Unveils in Nevada NRS 174.515

Department of Labor (DOL)When you are being charged with a crime, you need to ensure you are ready to present the most vigorous defense possible to fight for your freedom.  This means you need time to prepare to make legal arguments, present witnesses, and otherwise build a case to try to introduce reasonable doubt into the prosecutor’s case against you.  This entire process can take a significant amount of time, especially when a Las Vegas defense lawyer conducts a comprehensive investigation and carefully reviews evidence to look for ways to undermine the prosecutor’s case.

Because preparing a trial defense strategy can be time consuming, there may be situations where the standard amount of time before a case comes before the court needs to be adjusted.  At LV Criminal Defense, we understand when postponement is necessary and can help clients to ensure they meet deadlines and seek a postponement if necessary to carry out their defense strategy. We will work hard to convince the court to postpone and can provide help in getting your case ready as soon as possible so you can avoid delays and not have the risk of a criminal case hanging over your head.

Nevada Rules for Postponement of a Criminal Case

According to Nevada Revised Statute section 174.511, the state has the right to demand a trial against a defendant move forward within 60 days from the time the defendant has been arraigned on charges. However, postponement is possible according to the rules of this statute if either the court docket is too full to accommodate the trial or if the 60 days wouldn’t give the defendant sufficient time to prepare a defense.

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There are also other rules for the timeline of criminal cases as well. N.R.S. 174.515, for example, addresses when the court can grant a continuance or postpone proceedings when an action has been called for trial or any time before.  This statute makes clear that the court may grant a continuance or postponement if either party requests a delay and shows cause.

If a postponement is sought and the trial involves witnesses under age 16 who allegedly observed the criminal acts, or if the trial involves an alleged victim under age 16, the court is going to consider the impact of postponement on the underaged minors involved in the case when determining if a continuance should be granted. If the court believes a postponement would be detrimental to the mental or emotional well being of the young person involved in the case, the request for a delay may be denied.

If a request for a delay is made, the issue of witnesses who were supposed to testify must also be addressed. The witnesses may be made to come back on a different day to provide testimony when a trial has commenced. The witness may be asked to procure sureties or may be released on his own recognizance after giving a deposition.

How a Vegas Criminal Lawyer Can Help with Postponement

If you are having any legal issues related to the postponement of your criminal case, you need to get legal help from a Vegas criminal lawyer. Your attorney can help you to determine if postponement is likely to be granted and can provide comprehensive advice on whether postponement would be beneficial to your case.

Nick Wooldridge, Esq has provided successful representation to clients in Las Vegas and surrounding areas. Every case is different, and a decision on whether to ask for postponement must be made based on a careful evaluation of both your defense strategy and the prosecutor’s readiness to proceed.

We can put our strong legal knowledge to work to help you make the rules of criminal procedure work for you and to help you decide on your best course of action when it comes to trying to set the trial timeline. Give us a call as soon as possible to learn more.

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