In most cases, prosecutors impanel grand juries, present evidence to the grand jury, and the grand jury makes a decision on whether to hand down an indictment. This is not the only situation in which a grand jury can take action. A grand jury can also conduct an investigation with no prosecutor involved. If this happens and the grand jury makes a determination that a crime has been committed, the grand jury can return a presentment. When a presentment is returned, this can lead to a warrant for the arrest of the defendant.
Defendants must understand all of the laws on grand jury proceedings and must understand how to respond when a warrant is issued for their arrest. No matter the circumstances under which you are arrested, it is important to have a Las Vegas criminal lawyer representing you who can help you to argue for bail and assist you in developing a legal strategy for responding to charges. LV Criminal Defense has extensive experience helping defendants to fight charges. We will work hard to try to get your case dismissed, to try to help you build a defense leading to a not guilty verdict or to try to help you negotiate a favorable plea agreement. Give us a call if you are facing any legal trouble so we can get started on your defense.
Nevada Revised Statute Section 172.285 details exactly what happens when a grand jury returns a presentment. According to the relevant law, the court will review the facts stated in the presentment in order to determine if the facts that are stated do actually constitute a public offense that is triable in court.
The court that reviews the presentment may be the district court in the county with authority over the underlying offense. If this is the case, the court should direct the clerk to issue a warrant for the arrest of the defendant. If the court reviewing the presentment is not in the county with jurisdiction over the underlying offense, the presentment should be forwarded to the appropriate court in the relevant county.
When a case has been forwarded to a justice of the peace or to clerk, the clerk or justice of the peace can issue a warrant under the relevant court’s seal and signature, provided that the court has a seal.
When a defendant is subsequently brought before a magistrate on the basis of the fact the grand jury has returned a presentment, the magistrate should examine the criminal charges against the defendant that are contained in the presentment.
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The magistrate must then either hold the defendant to answer the charges against him, or should discharge the defendant. The magistrate at this phase will make the decisions in the same manner as the decisions would be made if the defendant had been arrested for any other warrant or had been arrested after a complaint was made.
Regardless of whether a warrant is issued for your arrest because the grand jury returned a presentment or for any other reason, you need to be prepared to respond aggressively and strategically to fight for your future. You will have to decide how to plead and you will need to begin preparing the strongest case possible to try to fight the criminal accusations that have led to charges.
LV Criminal Defense is ready to help with the investigation into your charges. We can help you try to undermine the prosecutor’s evidence, raise affirmative defenses, or otherwise develop the most effective possible legal strategy. Give us a call today to learn more.