Miscellaneous Rules on Judgment & Execution
Nevada has rules applicable to each and every aspect of a criminal proceeding. There are rules that dictate how cases must be started, what courts can preside over cases, how evidence has to be presented during a criminal trial, and what happens when a defendant is found guilty. The rules for Judgement and Execution, which apply to carrying out sentences against a defendant who is convicted of a crime, are found in Chapter 176 of the Nevada Code.
Understanding these rules is imperative for defendants, because you can still keep fighting for your rights and interests even after you have been found guilty of a criminal offense. Throughout the entirety of your involvement with the Nevada criminal justice system, you need to do everything you can to stay out of jail or reduce jail time; reduce fines and other penalties; and protect your good name.
LV Criminal Defense is a trusted law firm in Las Vegas and serving clients throughout the state of Nevada. Our legal team has made it a point to know every provision of the criminal code in the state of Nevada so we leave no stone unturned when it comes to fighting for our clients. Among the laws that we can help you to take advantage of include Miscellaneous Provisions which are found within Chapter 176 on Judgement and Execution. If you have been sentenced and want help understanding how these and other laws apply to your criminal case, give us a call today.
Miscellaneous Provisions in Chapter 176 of the Nevada Code
There are actually two different sections of Miscellaneous provisions which are found in Chapter 176 of the Nevada Code. The first section of Miscellaneous Provisions deals with situations under which the State Board of Parole Commissioners can direct the release of a state prisoner so the prisoner will be released on parole. The first section of miscellaneous provisions also sets forth some general rules for judgement in a criminal action; for judgements against complainants in cases of malicious prosecution; and for how judgments of conviction are entered and what has to be a part of court records.
The statutes in the first section of Miscellaneous Provisions are found in N.R.S. 176.095 through 176.125. Defendants need to know about these legal requirements, and in particular about what the rules are for parole and what constitutes a record of legal proceedings. The record prepared following a criminal trial can be invaluable if a defendant decides to appeal, so it must be complete.
The second section on Miscellaneous Provisions which is found within Chapter 176 of the Nevada Code is found at the end of the chapter. The relevant statutes include N.R.S. 176.555, and 176.565.
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What Do Miscellaneous Provisions Mean for You?
The Miscellaneous Provisions which are found within N.R.S.. 176.666 and 176.565 are important to defendants because they detail a few more responsibilities of the court in criminal cases. For example N.R.S. 176.555 explains that a court can correct an illegal sentence at any time.
The criminal laws of Nevada define different offenses and set forth possible penalties for each offense. For example, a first time drunk driving offender could face between two days and six months in jail; could face a 90-day license suspension; and could be find between $400 and $1,000. When the law sets forth a specific penalty or set of penalties, or when the law imposes either mandatory minimum sentences or maximum sentences for a particular offense, the courts must comply with the law. This means, for example, that a first time DUI defendant couldn’t just be given a five year sentence for impaired driving, because the law sets forth the permissible period of incarceration. If a court imposes a sentence which is not legally appropriate given the nature of the crime, this sentence can be overturned.
The fact that the law sometimes sets both minimum and maximum penalties can be a good thing, as can sentencing guidelines which courts consider. Restrictions on judicial penalties can be beneficial to prevent rogue courts from handing out overly lenient or overly harsh criminal sentences.
N.R.S. 176.565 addresses a different miscellaneous issue, but an important one. This code section indicates that clerical errors and mistakes or gaps in the record that result from oversights or omissions can be corrected at any time and after appropriate notice, if any, as ordered by the court. Having an accurate court record is important in the event that a defendant wishes to appeal a judgement against him. If there are any types of clerical errors or mistakes, correcting those errors in order for allow for more accuracy can provide a more complete record for review.
Getting Help from a Las Vegas Criminal Defense Lawyer
A Las Vegas criminal defense lawyer can provide invaluable assistance with all aspects of your criminal case. When you are facing charges that could forever change your life, you need to make certain that you have an attorney who has the knowledge and experience to understand Nevada’s rules of criminal procedure. You need a lawyer who has focused on understanding each and everyone of the rules that applies to creating a court record, protecting defendant’s rights, and ensuring due process throughout the start of a trial until the execution of judgement. LV Criminal Defense is the legal team that you can count on to provide the help that you need.
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LV Criminal Defense has a long track record of successfully defending individuals accused of all types of crimes in Nevada, from misdemeanor to capital crimes that could carry a death sentence or life imprisonment. We explore any and all ways to help our clients to avoid penalties or to reduce the possibility of conviction because we know not only the defenses that can be raised but also the procedural rules that could make a difference in the outcome of your case. To find out more about how we can help you after you have been charged with a criminal offense, give us a call or contact us online today.