If you have been accused of committing a public offense, a justice of the peace can render a decision. If the decision is not favorable to you, you have the opportunity to appeal to district court. Chapter 189 of Nevada’s criminal procedure code details the process of appealing a decision made in justice court. Appeals are made to the district court, but you must understand the process and make certain that you don’t make mistakes that could make it impossible for you to appeal.
LV Criminal Defense is here to help. Our experienced Las Vegas criminal lawyers will work with you to try to get a favorable decision on appeal. When you appeal to the district court, your goal is to get the complaint dismissed – which would mean the unfavorable decision that was made by the justice of the peace is undone and the underlying complaint that you committed a public offense is dismissed so your record is kept clean and you face no penalties.
It is best to get a criminal defense attorney in Nevada involved as soon as possible in fighting the accusations made against you if you have been accused of a public offense. Let our legal team help you to fight to get the complaint against you dismissed on appeal.
Within Chapter 189, Nevada’s code establishes the rules for appealing. You must appeal within 10 days of the decision being made by the justice of the peace, according to N.R.S. 189.010. The action must be judged on the record, and the appeal could be dismissed if you do not attend a required court hearing, according to N.R.S. 189.060. It is important to hire a lawyer so you do not miss any deadlines, so you don’t miss any required hearings and so you can ensure the best legal arguments are made to maximize the chances that your appeal will be a successful one.
N.R.S. 189.070 outlines the circumstances under which the complaint against you will be dismissed on appeal, which is the ideal outcome. According to N.R.S. 189.070, a complaint could be dismissed upon appeal if the justice of the peace who presided over the original case didn’t actually have jurisdiction, or the authority to hear the case against you. The complaint could also be dismissed if any one count of the complaint had more than one offense charged, or could be dismissed if the facts which were presented about your behavior do not, as stated, actually constitute an offense.
You are not going to be able to present new witnesses or other new evidence to convince the district court to rule differently than the justice of the peace. The key thing the district court is looking for is whether the law was correctly applied or whether there were problems with the decision made by the justice of the peace. If the court determines the case was improperly decided, you can get the unfavorable decision overturned, have the complaint against you dismissed, and avoid any potential consequences associated with being found to have committed a public offense.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A criminal defense attorney in Las Vegas can provide help making a successful appeal to the district court. You owe it to yourself to protect your reputation and to do everything possible to avoid consequences that can come with being found to have committed a public offense. Don’t let your chances on appeal be undermined by not having the right legal representation. Call LV Criminal Defense today to find out about the ways in which our legal team can assist you in fighting for your rights throughout the process of having your case heard in justice court or appealing to the district court.