Do Court Decisions in One State Hold True in Nevada

Nevada, renowned as a popular tourist destination, attracts visitors from across the country. Consequently, individuals from various states may encounter legal troubles while in Nevada, only to return home afterward.

Additionally, Nevada is a place where many individuals relocate for job opportunities, thanks to its thriving economy.

Many individuals relocate there to work for a few years before moving on to new opportunities.

This presents a challenge for the judicial system regarding the prosecution of individuals who do not reside in Nevada, as well as holding accountable those who relocate to Nevada with a criminal record, should the case warrant such actions.

The reason this can be so confusing is that each state has its own laws and the Federal Government also has a set of laws regarding criminal offenses that may differ from even the state laws. 

Many individuals facing criminal charges are unsure of their next steps and the jurisdictions they must comply with. Additionally, they may wonder if charges filed in one state are legally enforceable in another.

In most cases, states tend to work together to keep the court decisions uniform in each state but that is not always the case. 

If you plan on either leaving Nevada or moving to Nevada and are facing criminal charges or have a court decision in another state, it is best to consult with a local defense attorney to discuss the issues in your case and whether or not the case will follow you from state to state.

The Defenders, based in Las Vegas, Nevada, specialize in criminal defense cases and can provide you with the necessary guidance for your specific situation. Contact our office today to discuss your case for free.

Do Court Decisions in One State Hold True in Nevada?

Generally speaking, yes.

But as with any legal matter, there are always exceptions and nuances that must be taken into consideration. It is important to understand the complexities of how court decisions from one state may impact an individual in Nevada.

Double Jeopardy Rules You Should Know

Double jeopardy refers to the legal principle that prohibits an individual from being tried twice for the same crime in a court of law.

This usually refers to cases in the same state but there are some exceptions to double jeopardy.

1. Mistrials: If a trial has no conclusion due to a mistrial you can be tried again for the same crime. This usually happens in murder cases or other serious felony cases.
2. Dual Sovereignty: If multiple states have concurrent (existing at the same time) jurisdiction over an offense, the defendant cannot be tried in both states 
3. Civil and criminal cases: a person charged with a crime and facing criminal charges can also be sued in civil court for civil restitution to the case. For example, O.J. Simpson was charged with murder and acquitted of the criminal charges. He was later found guilty in a civil trial for wrongful death. 
4. NRS 171.070: States that a conviction or acquittal in another state or territory bars further prosecution for the same offense in Nevada.

Jurisdictional Issues

Most criminal law is state law and most criminal cases are tried in state court. Outside of serious offenses that can be prosecuted by the federal government, defendants will usually stand trial in county court in the state where the offense took place.

In some cases, criminal offenses take place over state lines from one state to another.

When a defendant has committed a criminal offense across state lines, multiple jurisdictions may have the authority to hear the case and punish the defendant. 

Jurisdictional rules dictate what state court will hear the defendants case. 

They must have personal and subject matter jurisdiction over a defendant in order for the court to preside over the pending case. The court with exclusive jurisdiction is the only court with the authority to make decisions on the case and to impose punishment. 

If a crime is committed across state lines and both states have a vested interest in the case, one state will usually take the case with cooperation from the other state. 

However, if you committed a crime in one state and then committed the same crime again in another state you can be tried for both crimes in both states separately and jurisdictional rules or double jeopardy do not apply.

Concurrent vs. Consecutive Sentences 

In most cases, when found guilty of a crime and sentenced or punished for that crime you will be given one sentence and sent to serve out that sentence in the state you were convicted of the crime.

If however you are charged and convicted of a serious offense in more than one state for one crime there are two ways the court handles this situation. 

1. Your sentences for both crimes can run concurrently (at the same time). Basically you will serve one sentence.
2. You will serve your sentence consecutively (one after the other based on what conviction happened first). For example, if you were convicted of attempted murder in Nevada and subsequently in California, you would first serve your entire sentence in Nevada before being transferred to California to complete your next sentence.

Extradition Laws

Nevada, like other states, often extradites defendants from and to Nevada to face charges. 

Nevada has adopted the Uniform Criminal Extradition Act, which has been embraced by all other states. This set of laws establishes standardized procedures for the extradition of fugitives seeking to evade justice.

Most states including Nevada will not extradite a person for a misdemeanor. 

Felony criminal charges are most likely to be the crimes that people are extradited for. 

Defendants and their attorney can either fight the extradition based on the severity of the case or the severity of the punishment they may receive if convicted of the crime in that state. 

For instance, Canada does not have a death penalty, which has led many individuals charged with murder to seek refuge there before facing arrest. A defendant in the U.S. charged with murder and facing the death penalty is likely to contest extradition to the U.S. in an effort to avoid the death penalty. The Canadian government may not agree to extradite a defendant unless the death penalty is off the table since they do not believe in the death penalty. 

Other Court Decisions

Besides criminal offenses, there are some other court decisions that carry over from state to state. 

1. Protective or restraining orders: Restraining orders that are issued in one state can be enforced in Nevada. You must inform law enforcement in your area and give them a copy of the certified order and register the order with the appropriate court in Nevada.
2. Custody Orders: Child custody orders from other states can be enforced in Nevada if they are registered with the courts. This is known as domesticating a foreign judgment.
3. Probation or Parole Supervision: Both can be valid in Nevada depending on the case. The Interstate Compact for Adult Offender Supervision is a legally binding agreement between all 50 states, Puerto Rico and The U.S. Virgin Islands and the District Of Columbia. This compact allows qualified parolees and probationers to relocate to different states while still being supervised. Both states must approve of the move and the defendant may be on the hook for transfer fees. You may be hit with different probationary terms in each state. 

Regardless of the situation of the charges against you or any other court-related case, if you plan on traveling or moving to Nevada you should discuss the potential risks and possible issues that can arise if you have a court decision in another state with an experienced lawyer in Nevada.

A local lawyer will be better able to help you understand the Nevada laws and what can happen if you move to Nevada or visit with a criminal record. 

Call The Defenders today to discuss criminal court cases from another state in Nevada.