Las Vegas Defense Lawyers Talk About Miscellaneous Laws on Judgment & Execution
In Nevada, your rights do not end upon your conviction for a criminal offense. Specific rules and regulations apply to every aspect of judgments. These rules are found in Nevada Revised Statutes Chapter 176- Judgment and Execution. The rules address things like the role of the Advisory Commission of Justice; the terms of imprisonment and required restitution; administrative fines and forfeitures; preservation of biological evidence; and investigations by the division of parole and probation.
The rules for judgment and execution are organized into different categories, based on what the particular code section addresses. There are also some Miscellaneous Provisions found within Chapter 176, which provide instructions and guidelines for certain post-conviction issues that do not fit within the other categories in the Chapter.
Understanding all of the rules for what happens after conviction, including these miscellaneous rule, can help you to be prepared for what will occur if you are found guilty of an offense. The miscellaneous rules also provide protection in cases of malicious prosecution.
It is imperative to understand these and other Nevada laws which apply during the criminal process so you can protect your rights and achieve the best outcomes possible throughout the entirety of your involvement with the criminal justice system. LV Criminal Defense can provide the guidance necessary throughout your case. Give us a call or contact us online to speak with a member of our legal team to learn how a Las Vegas criminal lawyer can provide you with representation and advocacy during all criminal proceedings that you become involved in.
Miscellaneous Rules in the Nevada Code on Judgment and Execution
The Miscellaneous Rules under the Nevada Code on Judgment and Execution address the situations under which the State Board of Parole Commissioners can direct release of state prisoners who are on parole. N.R.S. 176.095 provides information on Parole.
The State Board of Parole Commissioners can direct that a prisoner who is currently confined in any state prison in Nevada or in certain other jurisdictions can be released on parole. The State Board of Parole Commissions can direct this release only in accordance with Chapter 213 of the Nevada Revised Statutes, which establishes the requirements and guidelines for parole.
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According to NRS 213.010, members of the State Board of Parole Commissioners is a part of the Department of Public Safety and the Board consists of seven members who are appointed by the Nevada governor. Board members must have bachelor’s degrees or higher in criminal justice or a related field, and should have experience in prisons; parole and probation; law enforcement; criminal law; social work and/or victim’s advocacy. The board must adopt and follow regulation specific standards for each different type of convicted persons in order to make determinations on parole. Classification types include capital offenses; habitual criminals; repeat offenders; and more.
A Judgment of Conviction in a Nevada Criminal Action
The Miscellaneous provisions in Nevada’s Judgment and Execution chapter also specify what must be included in a judgment of conviction when a defendant is found guilty and sentenced. According to N.R.S. 176.105, the judgment of conviction has to include:
- The defendant’s plea.
- The verdict in the criminal case or the finding in the case.
- The adjudication and sentence, including the date on which the defendant was sentenced; the term of imprisonment; the terms of fines; required restitution and administrative assessment requirements; a reference to Nevada statutes under which the defendant was sentenced; and the applicable provision(s) of the statute under which the defendant was sentenced.
- The amount of credit, if any, which is granted to the defendant for time he may have spent in confinement prior to conviction.
If the defendant is found to be not guilty or is entitled to be discharged for any reason, a judgment must also be entered accordingly.
Whether the judgment is for a guilty verdict or the judgement is for a not guilty verdict, the judge has to sign the judgment and it must be entered by the clerk.
In some cases, a defendant is forced to go through an entire criminal trial and raise a strong defense, even when the accusations against him were not justified. When this happens, N.R.S. 176.155 may provide an options for the recovery of costs. This statute classified under the Miscellaneous Provisions on Judgment and Execution, addresses situations where a defendant is found not guilty and there was no probable cause to have brought the actions.
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If the court believes there was no probable cause and/or there is reason for the court to believe that the prosecution was a malicious one, the complainant can be ordered to cover costs of the action or to give security within 30 days to guarantee a promise to pay costs. If the complainant is ordered to pay costs and does not comply, judgement can be entered against the complainant for the amount that is due. The judgement can be enforced just as a civil court judgment would be, and the complainant can appeal in the same way a case could be appealed to civil court.
Entry of Judgment of Conviction
N.R.S. 176.125 is the last section of the miscellaneous provisions. This code section addresses what happens when judgment upon conviction is rendered. In these circumstances, the clerk has five days to annex and assemble certain documents. The documents, which will be considered a record of the action, include:
- A copy of the indictment or information.
- A copy of the minutes during the defendant’s entry of a plea.
- A copy of the minutes interposed to any juror or grand juror.
- A copy of trial minutes.
- A copy of the judgment against the defendant.
- A written copy of any decisions the court made on matters of law.
- Written charges which the court gave or refused, along with the endorsements.
- Affidavits used in a motion for a new trial, and counter affidavits, if applicable.
It is important to have a detailed record of proceedings, especially in case of appeal.
Getting Legal Help from a Las Vegas Criminal Defense Attorney
A Las Vegas criminal defense attorney understands the rules of procedure in criminal cases, including miscellaneous provisions found within the Nevada laws on judgment and execution. LV Criminal Defense will help you to make sure Nevada law works for you and will help protect your rights on all aspects of your case. Give us a call now to learn more.