1. Criminal Justice System in the United States and Nevada
Heather Procter
Deputy Attorney General
October 19, 2009 1

2. Court System in Nevada 30 Municipal Courts 60 Justice Courts
By city/community
60 Justice Courts
By county/city
9 District Courts
By county – population
3 district courts encompass 3 counties
2 district courts encompass 2 counties
4 district courts encompass only 1 county

3. Nevada Judicial Districts (JD)
1st JD – Carson & Storey Counties
2nd JD – Washoe County
3rd JD – Churchill & Lyon Counties
4th JD – Elko County
5th JD – Nye, Mineral & Esmeralda Counties
6th JD – Humboldt, Pershing & Lander Counties
7th JD – Eureka, Lincoln & White Pine Counties
8th JD – Clark County
9th JD – Douglas County

4. Degree of Crimes Misdemeanor Gross Misdemeanor Felony
Punishable by less than one year in county jail
Gross Misdemeanor
Punishable by one year in county jail and up to $1,000 fine
Felony
Punishable by more than one year in state prison and more than $1,000 fine

5. Felony Categories in Nevada
Category A – sentence of death; sentence in state prison of life with or without the possibility of parole
Category B – sentence of 1-20 years in state prison
Category C – sentence of 1-5 years in state prison, up to $10,000 fine
Category D – sentence of 1-4 years in state prison, up to $5,000 fine
Category E – sentence of 1-4 years in state prison, up to $5,000 fine; or mandatory probation for certain statutory felonies

6. Pre-Filing Stage
Investigation by Police Department and/or Investigator
Presentation of investigation to District Attorney (county)/Attorney General (state)
Determination of crimes to charge
Warrant sworn
Defendants/accused arrested

7. Justice Court Complaint filed Disclosure of discovery
Negotiations between prosecution and defense attorney
If negotiations successful, preliminary hearing waived
Matter bound over to district court
If negotiations not successful, preliminary hearing occurs

8. Justice Court (cont.) Preliminary hearing scheduled
Prosecutor presents evidence to show “slight or marginal evidence” to demonstrate defendant committed charged crimes
Witnesses
Documentary evidence
Defense attorney may cross-examine or present defense
Defendant bound over to district court

9. District Court
Information filed charging defendant with crimes for which he was bound over from justice court
Defendant enters plea to charges
Guilty
Not Guilty
Nolo Contendere
Not Guilty By Reason of Insanity
Not Guilty But Mentally Ill

10. Guilty Plea/Nolo Contendre
Guilty Plea Agreement filed
Outlines U.S. constitutional rights waived
Right against self-incrimination
Right to a jury trial
Right to confront his accusers
Outlines nature and elements of the charges against him
Explains possible punishments for each crime

11. Guilty Plea/Nolo Contendre (cont.)
Defendant sentenced to charges within punishment permitted by law
Minimum and maximum permitted by law
Enhancement where plead
Habitual criminal where plead and proven
Judgment of Conviction filed

12. Not Guilty Parties prepare for trial Pre-trial Motions
Motions in Limine (settles issues before trial)
Notice of Witnesses
Notice of Expert Witnesses
Preparation of Witnesses
Preparation of Expert Witnesses

13. Trial Jury selection Opening statements Prosecution Case-in-Chief
Voir dire
Challenge for cause
Peremptory challenges
Opening statements
Prosecution Case-in-Chief
Direct examination (prosecution)
Cross-examination (defense)
Re-direct examination (prosecution)
Re-cross-examination (defense)
Prosecution Rests

14. Trial (cont.) Defense Case-in-Chief Defense Rests Rebuttal
Direct examination (defense)
Cross-examination (prosecution)
Re-direct examination (defense)
Re-cross-examination (prosecution)
Defense Rests
Rebuttal
Closing Statements
Jury instructions
Verdict

15. Sentencing
Defendant sentenced to charges within punishment permitted by law
Minimum and maximum permitted by law
Enhancement where plead
Habitual criminal where plead and proven
Judgment of Conviction filed

16. Appeal
Defendant may appeal his Judgment of Conviction to the state’s intermediate/highest state court to challenge their conviction
Defendant may also file a state habeas petition to challenge the effective assistance of counsel or the voluntariness of their guilty plea
See Synopsis – Nevada Criminal Justice System