Las Vegas Criminal Defense Attorney Explains How Judgements Are Entered – N.R.S. 176.125
The laws in Nevada regarding the criminal justice process include rules and requirements for every single phase of criminal proceedings. This includes what happens after a judgement. Defendants need to be aware of the rules, because the steps which are taken during the judgment and sentencing phase of a criminal trial can affect their future. In particular defendants must make sure the record of the action against them is complete and accurate, in case the defendant wishes to subsequently pursue an appeal and have the record reviewed.
A Las Vegas criminal defense lawyer should represent defendants early on during criminal proceedings with the goal of a judgment of acquittal. Regardless of whether a defendant was represented during the trial phase or not, a defendant also needs to get good legal advice during the sentencing and post-judgment phase. Your attorney can fight to help you find the best outcomes possible, and this fight is not necessarily over, even with a guilty verdict. LV Criminal Defense provides help to defendants with sentencing and with appealing convictions. Give us a call to learn more.
Entry of Judgment and Record of Action in Nevada Criminal Proceedings
Nevada Revised Statute section 176.125 establishes the rules for how a judgment of conviction must be entered and for how a record of an action against a defendant must be prepared. According to the relevant law, it is the job of the clerk of the court to take the necessary steps to prepare a complete record. The clerk must act within five days from the time when a judgment of conviction is rendered. The clerk has to assemble all of the documents which were created and which are relevant to the case in order to serve as a record of the action.
Th documents which the clerk must assemble to constitute the record of the criminal proceedings against the defendant include:
- A copy of the minutes of challenges interposed by the defendant to any grand jury members or to the grand jury and a copy of the minutes of any proceedings upon the challenges.
- The information or the indictment against the defendant.
- A copy of the minutes when the defendant entered his or her plea with the court.
- A copy of the minutes of any challenges that may have been interposed to any of the jurors and a copy of the minutes of the proceeding on challenges.
- A complete copy of the minutes of the entirety of the criminal trial.
- A copy of the judgment which was entered against the defendant.
- A copy of all written decisions which the court made on matters of law which were deemed excepted to and a copy of minutes showing any decisions made by the court which were deemed excepted to.
- All written charges which were given by the court, with endorsements.
- All written charges which were refused by the court, with endorsements.
- Affidavits from a hearing for a motion for a new trial, if applicable.
- Counter-affidavits from a hearing for a motion for a new trial, if applicable.
All of these different documents must be put together so there is a complete record of relevant issues in court, like decisions the court made on questions of law or situations where the impartiality and ability to serve of any jury or grand jury members was challenged. The reason there must be a record of these particular issues, as well as a record of the full trial, is because a defendant may appeal a conviction and the appeals court needs to know what happened in the lower court proceedings.
Getting Legal Help
LV Criminal Defense understands the appeals process in criminal cases and can help defendants who have been convicted to try to get their conviction overturned. Give us a call today if you need assistance from an experienced Vegas defense attorney who has the knowledge to help you when you’re unhappy with the outcome of your case.
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Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.TOP RATED ON:
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