Our criminal defense attorneys at The Vegas Lawyers are recognized as among the best. What happens in a DV case depends on the charges levied against the defendant.  Take a look at a general outline of what to expect before and during a domestic violence case.

Allegations and Filing Domestic Violence Charges

In most cases, allegations of domestic violence are brought by the alleged victim or an eyewitness.  Once alerted, law enforcement must investigate, arrest the offending party (if probable cause exists), and await the prosecution’s decision to decline or pursue charges.  It’s important to note, the police can only investigate.  The decision to prosecute rests with the District Attorney.  Therefore, immediately hiring the right lawyer can be significant because the lawyer may head off charges before they even get filed.

Warrant for Arrest for Domestic Violence Charges

The second step in any domestic violence case is the arrest. Generally, police officers can arrest individuals they believe are likely to have committed acts of violence against an intimate partner within the preceding 24 hours (with or without a domestic violence warrant). Bail is not available until at least 12-hours after an arrest for DV.  If a domestic violence warrant is issued, the court may also grant temporary protective orders against the defendant until the case is heard in court.

The Court Process In Domestic Violence Cases

Most domestic violence cases never make it to trial. The vast majority of DV defendants accept some type of plea bargain or have the charges dismissed.  Of the cases that do go to trial, the court process for domestic violence charges is similar to most other criminal proceedings with one main exception, most felony DV offenses are not eligible for a jury trial.  While this may seem unfair, and in many respects it is, it’s currently the law in Nevada.

Arraignment and the Initial Plea

The arraignment is the first time the defendant is brought before a judge to hear the domestic violence charges against him or her.  The defendant has the option to enter an initial plea of guilt or innocence at the arraignment.

Pre-Trial Hearing

In the pre-trial hearing, also called the preliminary hearing, a judge determines whether probable cause exists that the defendant committed the alleged offense.  If the judge finds probable cause, the defendant must face the domestic violence charges against him or her.  If the defendant waives his or her right to a pre-trial hearing, the case is turned over to the district court for trial.

Trial

During a domestic violence trial, the prosecution presents evidence and witnesses to prove a defendant’s guilt.  At the same time, the defense can present its evidence, refute the prosecution’s claims, and cross-examine witnesses.  At the conclusion of trial, a judge renders a verdict and sets a sentencing date (if the defendant is found guilty). It’s important to note that the prosecution can offer a plea bargain before or during any stage of the criminal trial process. However, it’s recommended that you consult with your attorney before accepting or declining any offers.

How Is Domestic Violence Different From Other Criminal Offenses?

The high rates of domestic abuse in Las Vegas, Nevada coupled with the serious nature of the crime has led the government to reduce certain rights for those charged with the domestic violence offenses.  Unlike most other crimes, a police officer doesn’t have to witness the event before making an arrest.  Instead, an allegation or eyewitness testimony is often enough to initiate charges. Furthermore, unlike most other criminal cases, the prosecution can present evidence from past criminal activity to depict a defendant as a violent person with certain propensities.  This, and other factors mentioned earlier, make domestic violence charges unique and different from other criminal charges. Can A Domestic Violence Conviction Affect Gun Rights?   Yes.  Another key difference between a domestic violence conviction and other crimes is that anyone convicted of DV can no longer own, let alone even possess, a gun, even if it was only a misdemeanor conviction.  Nevada law, specifically NRS 202.360, prohibits felons and persons convicted of domestic abuse (irrespective of whether it was a felony or misdemeanor) from owning and/or possessing a firearm. Owning a firearm after a domestic violence conviction is a federal crime in many cases.  And being an ex-felon in possession of a firearm can lead to federal prosecution.  That’s true even if the charges were reduced.  Again, this highlights the importance of having a skilled and knowledgeable attorney representing you given the adverse and life-altering consequences that can result from a DV conviction. Can A Domestic Violence Conviction Affect Child Custody Rights?   Being convicted of DV can significantly impact a parent’s child custody rights.  A family court judge can order limited or restricted visitation rights or even terminate rights.  Unfortunately, it’s not uncommon in divorce situations for false allegations of DV to be thrown around in order to gain leverage.  For this reason, and because of the major impact a DV conviction can have on child custody, it’s essential to have a skilled lawyer representing you.  An aggressive defense can help show the prosecutor that false charges are being levied to gain advantage in family court so that the District Attorney’s Office takes a more measured approach to the case and maybe even reconsiders or dismisses the charges. We are one of the top criminal law firms because of our team.  Our criminal law attorney team is comprised of a former judge, ex-prosecutors, and members of government agencies.  We know what to expect in high-stakes cases because we have intimate knowledge from both sides of the criminal justice aisle.  Further, we care about our clients and understand the stress and anxiety that comes with criminal charges.  Our job is not to judge but to defend.  It’s a job we do very well.