Most people are familiar with the grand jury process, in which a grand jury is convened and a prosecutor seeks an indictment by presenting information to the grand jury. The grand jury reviews witness testimony and other information a prosecutor presents and makes a decision on whether to indict or not. There is, however, another process that can be used to start criminal proceedings against a defendant that does not involve a grand jury. This occurs when an information is presented.
When an information is presented to the court, the court can take action and proceed with a case against a defendant. However, a defendant has rights, including the right to a preliminary hearing. Defendants must understand how this process works and ensure they are making smart and informed choices designed to reduce the chance of a trial or reduce the chances of a guilty verdict.
LV Criminal Defense understands the Nevada laws applicable to informations, indictments, and other criminal proceedings. We work hard to represent our clients through any involvement with the criminal justice system with the goal of avoiding penalties and resolving cases as quickly as possible so you can move on with your life. If a prosecutor or attorney general is attempting to bring a case against you, it is important to reach out to us as soon as possible. Call now so a Las Vegas criminal attorney can get started on fighting for you.
Either an information or an indictment must be the first pleading an attorney general or district attorney presents to the court when initiating a criminal case against a defendant. Nevada Revised Statutes Section 173.025 specifies exactly when a court can act upon information once a DA or AG presents it.
According to N.R.S. 173.025, the courts of Nevada can exercise their power and jurisdiction to try and determine prosecutions after a DA or AG has submitted an information. The courts can move forward with prosecutions for any crimes, misdemeanors, and offenses. Upon an information being submitted, the courts have the authority to issue writs, to institute criminal processes, and to do everything else they would have the authority to do when an indictment has been handed down. This includes issuing a warrant or a summons for a defendant who has been accused of a crime.
Although courts can move forward with proceedings after an information is presented, there are some rules regarding the presentment of an information. For example, a defendant is entitled to a preliminary hearing unless that hearing is waived, and a prosecutor or attorney general has to present the information within 15 days of the hearing or within 15 days of the waiver.
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If a prosecutor or a DA is presenting an information to the court, this means there is a very real threat that you are going to end up fighting to maintain a clean record and avoid a criminal conviction. You need to understand the nature of the charges you face and learn exactly what a prosecutor has to prove to secure a conviction so you can begin building a defense. Contacting an attorney is the smartest choice when you discover that a prosecutor is trying to either indict you or move forward with presenting an information.
An experienced Las Vegas criminal defense attorney can make sure that a prosecutor follows all procedural rules for an information. An attorney who represents your interests can also advise you on plea options, conduct an investigation, negotiate with a prosecutor, build a strategic defense, and otherwise help you do everything possible to get the best outcome you can in a tough situation.
To learn more and to get help from a legal professional, give LV Criminal Defense a call now.