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Conduct of Trial

 Las Vegas Criminal Lawyer Unveils The Trial Process in Nevada

LV Criminal DefenseEvery defendant who has been accused of a crime is entitled by the U.S. Constitution to due process of the law. This means before penalties are imposed upon you, from fines to jail time, you must have the opportunity to raise defenses and make legal arguments against conviction.

The prosecutor is going to have the burden of proving your guilt as you go through the criminal justice process.

For defendants in the United States criminal justice system, due process generally takes the form of a criminal trial. While you can avoid a full trial by pleading guilty, if you want to defend yourself and try to avoid conviction, you may have to come before a criminal court. A judge will preside over this court, and you will either have a bench trial in which the judge reviews the facts and laws and makes a ruling, or a jury trial in which a jury of your peers decides on guilt or innocence.

The trial process can be very complicated, but it is a fundamental bedrock of the justice system in this country. A criminal trial must be fair, the deciders of fact must be impartial, and you must be given an opportunity to confront your accusers and to present your own evidence and arguments in favor of acquittal.

As you go through the trial process, there are many technical steps along the way and you need to be aware of the best strategy to take at every single phase of your criminal case. Las Vegas criminal lawyers can provide you with help throughout your trial, from the moment of your arrest until your involvement with the criminal justice system is finally resolved.

If you are ready to have a legal advocate looking out for your interests and guiding you through the trial process, now is the time to act. Call LV Criminal Defense today to speak with an experienced defense lawyer who has the knowledge and background to help you get through the criminal justice process as quickly and effectively as possible with the best outcome possible.

Conduct of Trial in Nevada

To ensure that trials are fair, Nevada statutes set forth many different rules and regulations as part of the state’s code of criminal procedure. There is a section of the Nevada code which addresses the Conduct of Trial. Relevant statutes within this section are found in N.R.S. 175.111 through N.R.S. 175.387.

The relevant code sections address issues related to:

  • The oath the jurors must take
  • The requirement of the judge to inform the jury they have the right to take notes
  • The order in which the trial must proceed
  • The number of attorneys who can argue the case
  • Instructions that the judge must give to the jury
  • A prohibition on giving special instructions related solely to the testimony provided by a defendant
  • Instructions not to be given relative to a defendant’s decision not to testify.
  • Instructions for prosecutors who are bringing charges in sexual assault or statutory sexual seduction cases, including a prohibition on the use of certain words by prosecutors
  • The presumption of innocence which exists in all criminal cases and the requirement that the jury acquit if there is reasonable doubt about the defendant’s guilt
  • A requirement that a defendant be convicted of the lowest possible offense with which he has been charged if there is reasonable doubt about the degree of the defendant’s guilt
  • A definition of reasonable doubt and a prohibition on giving any other definition to a jury.
  • Rules for the presentation of evidence, including a mandate that evidence be given orally in open court unless otherwise provided by statute
  • General requirements for how corporate existence must be proved
  • Requirements for the proof of an overt action in conspiracy cases
  • Rules for the use of expert witnesses, including a provision allowing the court to order the prosecution or defense to show cause for why an expert witness should not be appointed.

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  • Requirements that a jury be allowed to examine a plea agreement that was entered into by a prosecutor and a witness if the witness is testifying against another defendant in exchange for leniency for his own crimes
  • A requirement that the testimony of an accomplice be corroborated and details on when corroboration is considered sufficient
  • The procedure to follow if a higher offense is ignored, or if a higher offense is shown by evidence
  • Steps outlining the criminal trial process if an offense is committed in another county

These are just some of the many different provisions of the Nevada code which set the parameters for the conduct of a criminal trial. There are also other statutes which set the rules for the conduct of a jury during criminal proceedings.

The laws exist to ensure a defendant gets due process and that the trial procedure is fair, but unfortunately it can be difficult to understand all of the legal complexities which exist in the Nevada justice system.

Getting Help from a Las Vegas Defense Attorney

When you have been charged with a crime of any type and are facing a criminal trial, you owe it to yourself to ensure you understand how Nevada laws protect you. You need to make sure that the rules of criminal procedure are understood so you can approach every single step of your criminal proceedings in a strategic way. Your reputation, criminal record, money, and even your freedom are at stake and you never want to lose out on the opportunity to take advantage of any technicality or regulation to try to get a better outcome in the criminal system.

LV Criminal Defense has the experience and knowledge you need to fight as hard as possible for an acquittal or for minimal penalties. We know the rules for conduct of trial and we will do everything possible to ensure you get the full benefit of due process under the law.

Give us a call today to schedule a consultation and learn more about the assistance that our Vegas criminal defense team can offer.

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