When a defendant is tried in a criminal action before a justice of the peace, the defendant has a period of 10 days to appeal an unfavorable verdict. The defendant must act quickly after the judgement has been rendered and must appeal in the district court for the jurisdiction where the court of the justice of the peace was held.
Nevada defense lawyers should be consulted for assistance with appeals. If a final judgement has been entered and you don’t want to experience the consequences associated with that judgement, appeal provide your best and only chance for undoing the decision made against you.
You don’t want to miss the deadline for an appeal and lose the opportunity to appeal. Once you have begun the appeals process, you also do not want your appeal to end up being dismissed. LV Criminal Defense can assist you throughout the process of appealing and can help you to understand the grounds for dismissal as outlined in N.R.S. 189.060.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
N.R.S. 189.060 establishes the Nevada laws on grounds for dismissal when an appeal has been made to the District Court after a final judgement was entered. According to N.R.S. 189.060, an appeal could be dismissed for failure to take the same in time. An appeal could also be dismissed for failing to appear in district court when required to appear.
When an appeal is dismissed, a copy of the order dismissing the appeal must be provided to the justice of the peace who rendered the initial judgement. The dismissal of the appeal means that the justice of the peace can enforce the judgement.
These are procedural reasons, not substantive reasons, for your appeal to be dismissed. In other words, even if you might have had a good argument on appeal, simply missing a required appeals hearing could mean that you won’t have an opportunity to argue for the court to reverse the decision that the justice of the peace made.
You want to ensure that you are able to present your case and make the strongest possible argument to convince the District Court to dismiss the initial complaint on appeal. This would mean that the decision made against you by the justice of the peace would be reversed and the complaint that resulted in you going to court would be dismissed.
You could get your complaint dismissed if the justice of the peace didn’t have jurisdiction over the offense you were accused of committing; if there was more than one offense charged in the counts of the complaint; or if the plain facts of your case don’t actually constitute the public offense you were accused of committing, according to N.R.S. 189.070.
Defense attorneys in Las Vegas can provide you with help understanding the procedural requirements of appealing a decision made by a Justice of the Peace. You should never lose your chance to clear your good name and avoid having penalties imposed upon you simply because you don’t understand the rules for appeal or because you make a mistake when it comes to when you must appear in court. Our legal team can also help you to understand how to make solid substantive arguments to convince the District Court that you are appealing to that the underlying complaint should be dismissed.
LV Criminal Defense has represented many defendants with cases before the justice of the peace and has helped defendants to win favorable verdicts during the initial legal proceedings. We are also experienced in the appeals process and are ready to fight aggressively to help you get an unfavorable decision against you reversed. Give us a call as soon as you’re accused of committing a public offense or as soon as a justice of the peace makes a decision that goes against you.