Being sentenced to imprisonment in state prison is serious. You may not be in your local county when you are sent to state prison, and people are usually sent to state prison when they have committed more serious crimes and face longer sentences than would be served in county jail. Avoiding a sentence of imprisonment or limiting the time spent incarcerated is essential so you do not face an interruption to your life and a dangerous prison environment. LV Criminal Defense can help.
Our legal team will begin working with you from day one of the time you are a suspect to help you develop an effective trial strategy aimed at avoiding imprisonment. Whether the right strategy is trying for acquittal or negotiating a plea deal for reduced penalties, our skilled and experienced Vegas defense lawyers can provide the assistance you need. We also provide assistance to defendants throughout their entire involvement with the justice system, including if you are found guilty and are sentenced to serve time in state prison.
When a defendant is found guilty and ordered to serve time in state prison, the defendant is still protected by Nevada law and the defendant still has legal rights. In particular, there are rules about when and how the judgment is executed and the defendant is actually taken into custody.
N.R.S. 176.325 provides details on what happens when someone is required to serve time in state prison. According to the relevant code section, an officer of the law is given the duty of executing the judgment against you. The officer has to be provided with triplicate certified paper copies of the judgment of conviction or with electronic copies of the judgment of conviction. These copies must have the seal of the court and must be attested by the clerk.
When the officer is provided with the paper or electronic copies of the judgment of conviction, these copies serve as a sufficient warrant. A person cannot just be taken into police custody without a warrant, so these papers give the officer authority to act. The officers are permitted to do whatever is necessary and justified to execute the sentence and to take a defendant into custody so he may be transported to state prison to serve his term.
The length of your term of imprisonment in state prison is determined by the court and is included in your sentencing order. In general, the clock starts running when you have been sentenced, which means that you will remain in prison for a designated number of days, weeks, months, or years beginning from the time you’re sentenced. In some situations, it is possible that time you were locked up before conviction will count as time served, if this is applicable in your particular case.
LV Criminal Defense tries to help you stay out of prison, so you should reach out to us as soon as you have been accused of a crime. If you are already convicted of an offense, we can still help. We will assist you in determining whether there are grounds to appeal and in arguing for the conviction to be overturned where appropriate.
We can also assist you in arguing for a minimum sentence during sentencing and in understanding the post-sentencing procedures necessary to execute judgment. To find out more, give us a call today to talk with a Las Vegas defense attorney.