DOMESTIC VIOLENCE DEFENSE PART 6: MOTIONS AND/OR PREPARING FOR TRIAL Q: What will you do as my lawyer after we receive all the evidence/discovery from the prosecutor? A: We go through a very deliberate process in looking it all over piece-by-piece to develop any of your defenses. Then we set an office appointment with you to discuss it all. Q: What are the biggest parts…
ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 5 – THE PRELIMINARY HEARING ***We have to begin by assuming that we are actually going to HAVE a preliminary hearing. This would be if we could not convince the prosecutor to drop the case, and we could not negotiate a plea acceptable to you. We must also assume that after receiving advice from your lawyers we jointly decided…
ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 4 – ARRAIGNMENT After the prosecutors have (ideally) reviewed your case and decided which charge(s) to file, your case is placed on the court’s calendar for arraignment. Q – What is an arraignment? A – An announcement of the charge and your entry of a plea. Most people plea NOT GUILTY and if you hire us – we will…
PART 3 – The Intake procedure After the police finish their report(s), they are forwarded to the District or City Attorney’s Office(s). An individual prosecutor will review the report and decide which charge(s) to file, if any. Q – What standard of review do prosecutors use to determine whether or not to file a Battery charge against me? A – They must have a Good-Faith…
ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 2: Arrest, First appearance, Bond levels, conditions of pre-trial release, temporary and extended restraining orders, consequences of any violations. I have listed a series of frequently asked questions (Q) with the applicable answers (A) below; and we will begin with some of the remedial information that overlaps from Part 1 – i.e. The Arrest stage ARREST Q – Do…
I – ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART ONE: THE ISSUES THAT ARISE DURING THE INVESTIGATION/ARREST The process begins simply, with a 911 call. Who made the call? Was it you? What was said, from where? What noises were in the background? Was it an “anonymous” call? Was it from someone who has an axe to grind with you? Was an argument audible, was someone…
It is not uncommon in Las Vegas for people to be arrested for a crime of Domestic Violence while on vacation at a casino. Chances are if the police were called to your room for a disturbance, someone is getting arrested. If your were arrested, you were probably taken to the Clark County Detention Facility and your case is in Las Vegas Justice Court. However,…
The Supreme Court of Nevada just ruled that someone charge with a misdemeanor DV charge is now entitled to a jury of his or her peers. This is a big change because before you were only given a bench trial. That meant the Judge was the jury. Now instead of “one” person paid by the government determining your guilt, you get a real jury as…
Misdemeanor Domestic Violence and Gun Rights Do not take a Nevada misdemeanor domestic violence charge lightly. If you are convicted you will lose your gun rights federally and on the state level. Even a battery conviction if that facts show a domestic relationship may prevent you from owning a firearm. Unfortunately in Nevada, misdemeanor domestic violence charges only provide you with a bench trial (just…