Being convicted of a criminal offense comes with penalties. These penalties could include fines, restitution, imprisonment, and various other consequences as appropriate given the nature of the criminal offense. Las Vegas criminl attorney can help you try to avoid these penalties by developing an effective trial strategy, or can help to reduce penalties by negotiating with prosecutors in order to reach a favorable plea agreement.
In cases where you have been convicted, however, you must understand how sentencing works, what is involved in the sentencing process, and how sentences are executed or carried out. There are laws in Nevada which address all of these issues and knowing these laws can help you to understand what to expect so you can be prepared and so you can protect your rights.
LV Criminal Defense provides assistance at all phases of criminal cases and throughout all stages of criminal proceedings. If you are in the sentencing phase or facing penalties, we can help you to argue for a lenient sentence, can assist you in determining if appeals are possible, and can provide you with advice and insight into how to comply with obligations to avoid additional penalties. Give us a call today to find out more about the ways in which we can assist you.
After you have been sentenced, Nevada rules found in Nevada Revised Statutes section 176.265 through 176.365 set forth the process for how sentences are actually executed or carried forth. The rules address issues like when and how fines are to be paid to the state treasury or county treasurer; when and how terms of imprisonment are to be served; and what happens when the death penalty is a possible penalty for the offense that you have been charged with.
It is imperative to understand how a sentence will be carried out, as a failure to follow the requirements for your sentence could lead to more serious complications. The rules for execution of sentences include:
• N.R.S. 176.275, which species that a judgment imposing a fine, an administrative assessment, or required restitution is treated as a lien. It is enforced in the same way as a judgment for money that is awarded in a civil action.
• N.R.S. 176.278, which specifies that when an imprisoned defendant is awarded a judgment against Nevada or any contractor, commission, officer, or employee of Nevada that accrues from a civil action incurred while imprisoned, the money from the judgment should first be used to pay any required restitution the defendant owed. Any money left over can be paid to the person who initiated the action.
• N.R.S. 176.285, which requires that fines paid to a Justice Court or money obtained by a justice court because bail is forfeited have to be paid to the county treasurer within 30 days.
• N.R.S. 176.305, which mandates that if a sentence includes imprisonment, the defendant has to be committed to the custody of the proper officer and must be detained until the judgment is complied with and satisfied.
• N.R.S. 176.315, which requires that a judgment requiring a defendant serve time in the county jail be carried out by delivering the defendant to the custody of the sheriff or officer in charge of the county jail. A copy of the conviction or judgment which has been certified by a judge or justice serves as the warrant which justifies taking the defendant into custody and delivering hm to the sheriff.
• N.R.S. 176.325, which specifies the process for imprisonment in state prison. This code section requires that either triplicate certified paper or electronic copies of a judgment with the court’s seal be delivered to the officers whose duty it is to execute the sentence. The triplicate certified paper or electronic copies serve as a sufficient warrant to take the defendant into custody to serve his term of imprisonment, except if the defendant has been sentenced to death.
• N.R.S. 176.335, which specifies what happens when a sheriff receives a copy of a judgment of imprisonment. When the judgment requires incarceration in state prison, the county sheriff who receives the judgment of conviction should provide notice to the Director of the Department of Corrections. The Director shall send an authorized person right away to the county where the defendant is being held in order to receive the prisoner. The term of imprisonment has to begin on the date that the court sentences the prisoner to incarceration.
• N.R.S. 176.337, which requires a defendant who is convicted of misdemeanor or felony domestic violence to be notified that possession, receipt, transport, or shipment of a firearm is now a felony under both state and federal law.
• N.R.S. 176.345, which sets forth a variety of rules for the procedure when a conviction carries the death penalty. When a defendant has been sentenced to death, a certified copy of the judgment of conviction has to be executed and attested in triplicate under the court’s seal by the clerk of the court. Three copies of a warrant signed by the judge under the court’s seal and attested to by the clerk also have to be included. The warrant has to recite the facts related to the conviction and the judgment of death. Other requirements relate to appointing a week when the judgment is to be executed, directing the sheriff to deliver the defendant to an authorized person for execution, and filing and delivering copies of the judgment of conviction.
These are just some of the different requirements set forth in connection with executing a sentence after someone in the state of Nevada has been convicted of a crime. Conviction does not mean you lose your right to due process, so you need to ensure Nevada laws are being followed related to how you are treated.
Nicholas Wooldridge and his team provide invaluable assistance to defendants, including during sentencing and when dealing with penalties. If you want legal advice on how to navigate the justice system and protect your interests, give us a call today to find out how our experienced Vegas defense lawyers can help you.