When property is stolen, it is often taken from one county to another. When this happens, multiple different counties may have an interest in arresting the defendant and pressing charges for violating state law. Since there could be different courts with jurisdiction, Nevada law must address which county court has the right to hear the case.
Defendants need to understand the rules for jurisdiction and venue, as the location of your case may matter to you. At LV Criminal Defense, our legal team is focused on exploring all possible legal tools that can be used to help defendants facing serious criminal charges. We know Nevada rules of criminal procedure and we work hard to employ this knowledge to help defendants develop effective legal strategies for responding to charges. To learn more, contact us today to speak with a Las Vegas defense lawyer.
When a case is going to be prosecuted, a court must have jurisdiction over a defendant. Both personal and subject matter jurisdiction are required fro a court to have the right to hear the criminal case. Jurisdiction refers to the state and the court where cases are filed. Venue, on the other hand, refers to the county where the case will actually be heard.
The appropriate venue for criminal cases is generally the county where the offense took place. In many situations, however, criminal conduct occurred in multiple counties. This is often the case when defendants are accused of burglary, robbery, larceny, and embezzlement.
Nevada Revised Statute 171.060 sets forth the rules used to determine what county a defendant will face charges in when the defendant is charged with these specific types of theft crimes. Defendants accused of burglary, robbery, larceny, and embezzlement can be tried either in the county where the property has been taken or in the county where the stolen property was brought.
For example, if a defendant stole something in Las Vegas, he would typically be tried in Clark County courts. However, if he transported the property into adjacent Lincoln County, then the defendant could be tried in either Clark County or Lincoln County.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Statutes defining specific criminal acts also address the issue of venue as well. For example, under the law prohibiting burglary found in N.R.S. 205.060, a defendant who is accused of taking something on a vehicle, trailer, or other vessel could be tried in any county the defendant traveled through during the commission of the crime.
When multiple counties are the appropriate venue for a criminal case, either county court could preside over the case. However, N.R.S. 171.060 makes clear that the sheriff of the county where property was transported to must deliver the defendant to the county the property was taken from, upon the demand of that county.
The demand to deliver the defendant may be made at any time up to conviction or acquittal of the defendant. However, once a defendant has been acquitted or convicted in any county, N.R.S. 171.075 protects him from being tried in another county.
As a result, if a demand is made to deliver the defendant to the county where the property was stolen but the defendant has already been convicted, the conviction will stand and the defendant will not have to face further prosecution.
Venue matters in criminal cases for many reasons. The venue in which a case is heard can have an impact on how difficult it is for defendants to get to court during criminal proceedings. Defendants who are jailed until trial may also be concerned about which county facility they are held in. The demographic makeup of different counties can affect the pool of potential jurors as well.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
LV Criminal Defense knows many firms underestimate how important it can be to understand criminal procedural rules related to venue and other related matters. When our firm defends you, our legal staff is focused on every detail that can help your case. To learn more and to speak with a Las Vegas criminal defense attorney who can provide aggressive, knowledgeable legal advice and representation, contact us today.