First-time Domestic Violence Charge in Nevada? Here’s What Happens Next
If you are facing a first-time domestic violence charge in Nevada, you are likely feeling frightened and overwhelmed given that even a first-time conviction can result in serious consequences. The prospect of navigating an unfamiliar legal system can acerbate those feelings which is why it is essential to know what to expect as the defendant in a Nevada domestic violence case. If you have specific questions or concerns, contact a Las Vegas domestic violence attorney at The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.
How Is Domestic Violence Defined in Nevada?
Officially referred to as “battery domestic violence (BDV)” in the State of Nevada, the crime of domestic violence is governed by NRS 33.018 which explains that domestic violence may refer to numerous different crimes, including battery, assault, sexual battery, and stalking based on the relationship between the parties. Specifically, you could be charged with BDV if the alleged victim is:
- A spouse or ex-spouse.
- A blood relative or relative by marriage.
- A current or former dating partner.
- A person with whom you share a child.
- A minor child of any of the above.
- Your minor child or a child you are legally responsible for as a guardian.
What Happens after a Domestic Violence Arrest in Las Vegas?
Being arrested and accused of committing a crime is never a pleasant experience. On the contrary, it can be downright frightening, particularly if you do not know anything about how the criminal justice system works.
During the timeframe immediately following your arrest, you will be transported to the jail and “booked” into the facility. That process usually entails taking your photograph, making a copy of your fingerprints, and getting basic information from you that may be used to set your bail amount. Your belongings (purse, wallet, jewelry etc.) will also be taken and inventoried during this process. An initial bail amount will be established at this time and if you, or a loved one, are able to post bail, you will be released from custody. If you cannot post bail, you will have an opportunity to try and get bail reduced at your arraignment, which must be held within 72 hours of your arrest.
Your arraignment is the first court appearance in a criminal case. At the arraignment, the judge will explain the charges filed against you, read your rights to you, enter a preliminary plea of not guilty on your behalf, and ask you whether you have hired an attorney. If you remain in custody, the judge may also review bail at this time. The judge will likely issue a “no-contact” order at your initial hearing. This order prohibits you from having contact, of any type, with the alleged victim in the case. It is crucial that you abide by this order because a violation of the no-contact order can result in additional criminal charges being filed against you. It is also imperative that you not discuss your case with anyone other than your attorney at any time. This includes cellmates while you are in jail, the prosecutor during a court appearance, and even the alleged victim if you are released.
After your arraignment, the State will be required to provide “discovery” to your attorney, referring to the evidence the State plans to use against you at trial. This may include physical evidence, witness lists, statements, and test results. You and your attorney will review that evidence and decide whether it is in your best interest to negotiate a guilty plea agreement or take the case to trial. If your case goes to trial, there may be several “pre-trial conferences” held in court before the actual trial. These are opportunities to address evidentiary issues or pre-trial motions filed by either side. If you accept a plea agreement, you will make a final appearance in court to formally plead guilty and accept your sentence. If you go to trial, either a judge or a jury will decide the issue of guilt.
Contact A Las Vegas Domestic Violence Attorney at The Vegas Lawyers
If you are facing a first-time domestic violence charge in Nevada, it is in your best interests to have an experienced attorney on your side throughout the prosecution of your case. Contact the Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.