Vegas Defense Lawyers Explain Laws on Forms in Criminal Cases

During criminal proceedings in Nevada, certain warrants, summons, motions, pleadings and other paperwork must be prepared.  Paperwork that is related to criminal justice proceedings can be written in a standard format.  Nevada’s code contains many suggested forms that can be utilized, although the criminal code also makes clear that, unless otherwise specified, the suggested forms do not have to be utilized.

Defendants who are involved in a criminal case should understand what the standard forms look like and should understand the meaning of different kinds of forms. This is important to know whether court paperwork you are provided is legitimate and to understand what different types of forms mean. Often, forms that are utilized contain complex legal language that is difficult to fully comprehend. This is why hiring Nevada criminal lawyers can be so important.

LV Criminal Defense knows the criminal court forms inside-and-out. Nicholas Wooldridge can help you to understand what types of forms you are likely to be provided with during a criminal case and can also assist you in making certain that you submit the right paperwork to the court when you’re making requests.

You should get help right away as soon as any official form is provided to you in a criminal case or as soon as you are under investigation and involved with the criminal justice system. Give us a call today to find out about the ways in which our legal team can help you.

Nevada Laws on Forms in Criminal Cases

The amount of official legal paperwork generated in a criminal investigation and in court proceedings is staggering. Standard forms included in Nevada Revised Statutes sections 179.315 through 179.400 can help to streamline the process of producing warrants, summons, motions, pleadings and other legal documents. The standard forms that are found within these relevant statutes include forms for

  • Arrest warrants
  • Summons
  • Search warrants
  • Motions for seized property to be returned and evidence to be suppressed.
  • Bail following an arrest and before a preliminary examination
  • Discharge following a preliminary examination
  • Commitment and bail after a preliminary examination or commitment in circumstances where a defendant was held to answer following a preliminary examination
  • Indictments and informations
  • Warrants issued after presentment, indictment or information
  • Bail after a defendant has been arrested on a warrant after a presentment, indictment or information
  • Subpoenas
  • Bench warrants issued after a defendant has been convicted

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Many of these forms can impact a defendant in profound ways. A search warrant, for example, can result in evidence being uncovered that is used to secure a criminal conviction for serious offenses.  It is important to make sure that you understand the forms and court paperwork that is relevant to your criminal case- and the best way to do that is to talk with Las Vegas criminal defense lawyers about what different legal papers mean.

Authorized Forms Under Nevada Law

Nevada law makes clear that while there are standard forms available that can be utilized for different motions and pleadings, those specific forms that are found within the criminal code do not have to be used.  According to N.R.S. 179.315, no particular form or words are required in any pleadings, any motions, any orders, or any other documents in a criminal proceeding unless expressly required by statute.

A warrant or other paperwork can be considered legally valid as long as there is “substantial compliance” with any requirements for content set forth by statute. If there are no specific statutory requirements for the language that must be included on a particular form, then the court paperwork will be considered valid as long as there is language contained within that paperwork that reasonably informs the defendant or any other recipient as to the nature of the form.

The standard forms that are included in the Nevada code can also be modified as needed to fit each individual situation.  If a standard form is used, even if it is modified in order to suit its purpose for the particular criminal case, then it is presumed to be valid and to contain any and all necessary information needed to inform the defendant as to the form’s nature. The standard forms are relatively brief and concise. For example, according to N.R.S. 179.330, which is the form of a search warrant, the form simply states that a peace officer is commanded to search a person or place, described with sufficient detail so as to be identified, either during the daytime or at a specified time.

The form also stipulates that if property is found to be seized, a written inventory of the property which is seized must be created and the property must be brought before the magistrate who signed the warrant or before any other designated magistrate. Although the forms may seem short and simple, however, it is very important that anyone who receives court paperwork in connection with a criminal case consult with an experienced Las Vegas criminal defense lawyer to understand the nature and purpose of the forms and to ensure that he or she is protecting his rights under Nevada law in connection with the criminal proceedings.

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Getting Help from Las Vegas Criminal Defense Lawyers

The forms that are prepared in a criminal case could affect the evidence available to prosecutors in pursuing a case against you, and could impact your freedom during criminal proceedings. You need to understand what different types of warrants, summons, motions, and pleadings mean and what their implications are.  Any time you are provided with official forms or paperwork during a criminal investigation, you must make sure you provide the documents to your lawyer who can review them carefully and advise you on your best course of action.

LV Criminal Defense works with defendants throughout their involvement with the criminal justice system to develop effective legal strategies aimed at avoiding conviction or reducing penalties. To find out more about how our firm can assist you and to get help responding to any forms you have been provided with in your case, give us a call today.