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Misconduct of defendant; sanctions

Las Vegas Defense Attorney Provides Details on Defendant Misconduct in Nevada – N.R.S. 175.387

LV Criminal DefenseWhen you are on trial and faced with criminal charges, it is natural to be frustrated and angry about the interruption to your life- especially if you do not believe that the charges you are facing are fair ones. Unfortunately, there are circumstances where defendants become upset and are accused of acting out and interrupting the trial. When this happens, there are remedies the court may pursue for defense misconduct.

During a criminal trial, it is in your interests to try to make the best impression possible for the judge and jury. Las Vegas criminal attorney Nicholas Wooldridge can help you to make decisions on your conduct in the courtroom and can help to ensure that your rights are respected during criminal proceedings. Your attorney can also speak up for you, objecting to unfair questions and making certain your rights are respected at every phase of a criminal trial. Contact LV Criminal Defense today to find out more about the assistance a lawyer can offer you.

Nevada Rules for Defendant Misconduct

Nevada outlines a number of different requirements for the conduct of a trial, including rules for what happens in response to a defendant’s misconduct. The sanctions the court may impose are outlined in N.R.S. 175.387.

According to the relevant code section, the court can take certain actions if the defendant “interferes with the orderly course of a trial by disruptive, disorderly, or disrespectful conduct.” In response to such conduct, the court can order that the defendant be bound and gagged. The court could also cite the defendant for contempt, or could order the defendant to be removed from the court room so the trial can continue without his physical presence.

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While the court has the authority to do all of these different things, it should not issue any citations or impose any sanctions until the defendant has been fully and fairly warned that his conduct is considered wrong and is viewed as intolerable. The court also must warn the defendant of the consequences which can occur with continued misconduct.

If the court orders the defendant to be removed in response to the defendant’s conduct, the defendant can be allowed to return to the court room if he or she makes a promise to discontinue the disruptive, disorderly, or inappropriate behavior. However, if the defendant is returned to the court after promising to stop his disruptive actions and then continues to engage in inappropriate conduct, the court can once again move forward with the same options for sanctions.

Getting Help from a Las Vegas Defense Lawyer

Defense misconduct during the course of a criminal trial can shape the impression which the defendant makes on a jury. While a jury needs to make a decision based on whether a prosecutor makes the case beyond a reasonable doubt, and a jury should not necessarily hold courtroom behavior against a defendant, jurors are people with normal human emotions and who are susceptible to the same biases and preconceived notions everyone else is.

If a defendant acts up and is violent or disruptive in a court setting in front of a jury, this can color the perception that jurors have of the defendant and can prompt the jurors to subconsciously or consciously develop a bias against the defense.

You never want to do anything in court which will jeopardize your chances of a not guilty verdict. As a result, it is important to talk with a Las Vegas defense attorney about how you can best protect yourself from biasing the jury against you while still ensuring your rights are protected. Call LV Criminal Defense today to learn how we can assist during the trial process.

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