The Timeline of a Domestic Violence Case in Nevada

Domestic violence is a problem for everyone. According to the National Domestic Violence Hotline, over 35% of women and 28% of men will experience domestic violence, sexual assault, or stalking by a domestic or intimate partner during their lifetime.

The Las Vegas Metro Police Department is stretched thin. Even so, they take domestic violence calls seriously. When someone reports a domestic disturbance, you and your partner may be subjected to a rigorous investigation that could result in an arrest and criminal charges.

Steps of a Nevada Domestic Violence Case

Most domestic violence cases in Nevada proceed in the following manner:

Investigation

After receiving a call for a domestic disturbance, the responding officers will investigate to determine whether anyone’s actions fit the legal definition of domestic violence in Nevada.

This investigation will entail interviewing you and your partner separately. Officers may also talk to witnesses, including others in your household and neighbors who might have witnessed or overheard the disturbance. Finally, the officers may review physical evidence, such as property destroyed or damaged in the alleged incident.

Arrest

If the investigation provides probable cause to believe that you violated the law, the police will arrest you. In some situations, they may detain both of the people involved in the disturbance. This will typically occur immediately after the officers complete their investigation.

It’s possible that the police might not arrest you immediately. If they need to speak with additional witnesses or gather forensic evidence, they might not have probable cause for an arrest. Instead, they’ll collect the evidence they need to obtain an arrest warrant.

Booking

Upon being arrested, you’ll be booked into the Clark County Detention Center, Henderson Detention Center, or another local jail. Officers will collect your personal information, photograph, and fingerprints.

After booking, the police must hold you in custody for at least 12 hours to let you “cool off.” After this period ends, they can opt to release you or hold you in custody until your first court hearing.

Bail Hearing and Arraignment

Your initial court hearing should occur within 72 hours of your arrest. During this hearing, the court will deal with three key issues.

First, the judge will review the probable cause for your arrest. If they agree that probable cause exists, your case will continue.

Second, the judge will determine your release conditions. You could be released on recognizance without requiring bail. Alternatively, the judge may require you to post bail to secure your release. In either case, you’ll likely receive a no-contact order to stay away from the alleged victim after your release.

You’ll be arraigned at the same hearing or in a separate one. Arraignment occurs when the judge informs you of the charges against you and asks for your plea. By this time, you should have secured legal counsel, and you’ll likely plead “not guilty.”

Pretrial Discovery and Hearings

Your trial date could be set as soon as 15 days after your arrest if you assert your right to a speedy trial. If you waive this right, a misdemeanor case may not reach trial for several months, and a felony trial may take place several months or more after your arrest. You can discuss your options with your lawyer before your arraignment.

During this time, the prosecution will hand over its evidence to your attorney, who will prepare your defense using this evidence. They’ll also conduct an independent investigation to gather exculpatory or mitigating evidence. For example, your lawyer might interview additional witnesses who contradict the prosecution’s witnesses.

Finally, your attorney may file motions to exclude certain evidence from your case. Some possible grounds for excluding evidence include:

• Illegal search

• Irrelevance

• Prejudicial potential

• Improper collection or storage

At the same time, your lawyer will discuss possible plea deals with the prosecutor assigned to your case. You might consider accepting a plea deal to avoid or reduce a jail sentence and forgo the potential embarrassment of a trial. Conversely, you might fight false allegations.

Trial

Your trial will likely last a single day unless it involves complex factual issues. During the trial, the prosecution will present its evidence. Your attorney will poke holes in the case against you by raising issues with the evidence and cross-examining witnesses.

At the end of the prosecution’s arguments, your lawyer will present evidence and witnesses in your defense. Alternatively, they might simply argue that prosecutors failed to prove all the elements required for a domestic violence conviction.

At the end of the trial, the judge or jury will render a verdict. If you’re acquitted, your case will end, and you’ll be released immediately. If you’re convicted, you must return to court for sentencing.

Turn to the DUI Doctor for Help With Your Domestic Violence Charges

Domestic violence charges carry mandatory minimum sentences. Contact us to get the skilled legal assistance you need and discuss the defenses you can mount to preserve your freedom and reputation.