Nevada criminal laws outlaw many different kinds of behavior, from consumer fraud to political corruption to bribery and violent offenses. When a law is broken in Las Vegas, the crime is against the state and the people of Nevada. A prosecutor, who is a public servant representing the state, brings charges against a defendant. There are strict rules of criminal procedure to dictate when charges may be brought against a defendant and how a case will proceed so a defendant gets due process of the law as required by the Constitution. Understanding all of these rules is complicated, but is essential for defendants who want to protect their rights within the criminal justice system.
One of the issues that may arise in Las Vegas relates to exactly who will prosecute a defendant who has been accused of a particular offense. Defendants should know who is making a case against them. A good defense attorney will also understand how prosecutors work, the ways in which prosecutors make arguments and present evidence, and the process used by prosecutors to investigate cases. With knowledge of who is prosecuting and what steps that person is likely to take, Nick Wooldridge, Esq, a Las Vegas criminal defense lawyer can develop a sound legal strategy to fight for a defendant and help the defendant to try to avoid a guilty verdict.
LV Criminal Defense is a trusted criminal defense firm with a solid legal team that has the knowledge, skills, and strong background in criminal cases which is necessary to fight against a conviction. Whether a District Attorney or an Attorney General is prosecuting your case, we can stand up and advocate for you against this representative of the state. Give us a call as soon as possible so we can get started.
Most defendants who are charged with a crime will be prosecuted by a District Attorney. The Criminal Division of the Clark County District Attorney’s Office prosecutes more than 55,000 cases each year, according to the DA’s website. The DA prosecutes both felony and misdemeanor offenses and there are speciality litigation teams within the criminal unit including the major violators unit; the financial integrity unit; the special victim’s unit; and the criminal appeals unit.
While the DA prosecutes a great number of cases ranging from gun crimes to violent offenses to bad checks to gang-related crimes, it is not the only prosecuting authority within the state. There is also a Nevada Attorney General. The Nevada Attorney General is the top legal officer in the state, vested with responsibility to represent the people of Las Vegas in criminal matters and civil matters during the pre-trial and trial phase and the appellate phase, as well as when cases go before the Supreme Court.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Attorney Generals work with DA’s and local law enforcement, as well as working with federal and international criminal justice agencies. The AG’s office in las Vegas also has a Special Prosecutions Division, a Bureau of Criminal Justice, and a fraud unit focused on insurance and workers’ compensation fraud, Medicaid fraud, and mortgage fraud.
You do not get to determine who will prosecute your case- this is determined by Nevada legal authorities. In some cases, a judge is the one who decides when an AG will step in. Under Nevada Revised Statute Section 173.065, a judge can require an Attorney General to prosecute a case when a district attorney refuses.
A judge can order an AG to prosecute if the court has jurisdiction over a case and an affidavit has been filed with the judge related to the commission of a crime. When the prosecutor refuses to prosecute someone for the crime, the judge can require all relevant information to be delivered to the AG so the attorney general can begin the process of moving forward with a case.
If a prosecutor is bringing a case against you, whether the prosecutor is a DA or an AG, you need to understand how to fight the charges. Call LV Criminal Defense as soon as possible so we can begin working on developing a strategic response aimed at avoiding conviction or reducing consequences.
Your future is at stake, so reach out to a Las Vegas criminal defense attorney with experience.