Preliminary Hearings in Nevada -- 5 Things to Know

Top Las Vegas criminal defense attorney explains what preliminary hearings are in Nevada.

PRELIMINARY HEARING IN NEVADA - FIVE THINGS TO KNOW

Most people know what a trial is, but many are unfamiliar with preliminary hearings, which occur far more often than trials. Here are five things to know about preliminary hearings in Nevada criminal cases:

1) A preliminary hearing, which is also called a “probable cause hearing,” is where the state tries to persuade the judge that they have enough evidence to continue prosecuting the defendant.

2) Defendants have the right to a preliminary hearing two weeks after their arraignment (which is when defendants are formally charged).

3) The only defendants entitled to a preliminary hearing are those charged with felonies or gross misdemeanors. And defendants who get indicted by grand jury – which is a small minority of cases – do not have the right to a preliminary hearing.

4) If the state wins a preliminary hearing, the case will be transferred from Justice Court up to District Court and set for trial. Meanwhile, both sides can continue trying to plea bargain the case. If the defendant wins the preliminary hearing, then the case should be dismissed. However, the defendant may later be rearrested on the same charges if the state decides to pursue a grand jury indictment.

5) It is more difficult for defendants to win preliminary hearings than trials. This is because in preliminary hearings, there is a very low bar of evidence that the prosecution has to meet. Still, preliminary hearings are useful tools for seeing how strong the state's case is. And this can help defendants decide whether it’s in their best interest to take a plea or pursue a trial.

LAS VEGAS DEFENSE GROUP, L.L.C.

Our criminal defense attorneys at Las Vegas Defense Group, L.L.C., represent clients all throughout Nevada including Las Vegas, Henderson, Washoe County, Reno, Carson City, Laughlin, Mesquite, Bunkerville, Moapa, Nye County, Elko, Pahrump, Searchlight, Moapa Valley, Goodsprings, Boulder City, North Las Vegas, Beatty, and Tonopah.

Our offices are located in Las Vegas and Reno:

2970 W. Sahara Ave.
Las Vegas, NV 89102
702-DEFENSE (702-333-3673)
fax: [phone]

200 S. Virginia St. 8th floor
Reno, NV 89501
775-348-9685

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I like to watch trials in court . Great learning.