When a grand jury is impaneled to determine whether to indict, a court reporter must be hired and must prepare comprehensive transcripts of the grand jury proceeding. Nevada law is very clear on the fact defendants are entitled to receive copies of transcripts. Copies of transcripts may also become public record.
If you are indicted, you need to begin developing a response to the serious criminal charges that you face. Act quickly and contact LV Criminal Defense. We will help you to understand what the indictment means for you, and we’ll review the transcripts and evidence from the prosecutor so you can make a smart and informed choice about whether to challenge the indictment, to enter a plea agreement, or to begin preparing for how to avoid a guilty verdict in a criminal trial. When you need a Las Vegas defense attorney after an indictment is handed down by a grand jury, we have the experience to be your strongest advocate.
Defendants need to know what information was presented by a district attorney in order to secure an indictment. Nevada Revised Statute Section 172.225 addresses the rules for the preparation of grand jury transcripts and the delivery of these transcripts to the defendant. This statute also sets forth the requirements for making grand jury transcripts public record.
According to N.R.S. 172.225, when an indictment is handed down, the court reporter has to certify an original transcript of notes taken during grand jury proceedings and must also certify as many additional copies of the official transcripts as are necessary so a certified copy may be provided to each separate defendant who was indicted.
The transcript must be filed with the county clerk, and certified, within 10 days after the indictment, unless the court extends this deadline for good cause. At the time when the transcript is filed with the county clerk, both the transcript and any physical evidence related to the indictment will become public record unless the court ordered the indictment be kept secret until the arrest of the defendant or unless a court grants a motion to keep the transcript and evidence secret until a further court order.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
When the court reporter certifies the transcript and files it with the county clerk, the county clerk has to deliver a copy to the prosecuting district attorney and must retain a copy for use by judges in proceedings related to the indictment.
A copy must also be provided to each defendant who is still in custody after an arrest. If a defendant has been released on bail, that defendant’s copy should be delivered to the defendant’s attorney. If a defendant has been indicted on multiple charges after one grand jury investigation, only one copy of the transcript from the investigation must be delivered to satisfy this requirement. If a defendant does not get a copy, a motion to continue may be filed to delay the arraignment until 10 days after the time the defendant receives a copy of the grand jury transcript.
When you are indicted by a grand jury, you likely will not be present to hear the evidence that the prosecutor presents that convinces the grand jury to indict you. You need to know the details about the evidence to be used against you, and you need to know what witnesses said to help convince a grand jury to indict. Obtaining the transcripts from the proceeding and reviewing all of the relevant information the transcripts contain is essential to making informed choices about how you should respond to the serious charges you face after indictment.
LV Criminal Defense provides legal guidance to clients indicted by a Nevada grand jury. We provide knowledgeable legal guidance with the goal of avoiding consequences or reducing penalties for serious criminal charges. To learn more about the different options available to you for responding to an indictment, give us a call today.