How Criminal Charges Are Brought in Nevada: What You Need to Know
Understanding how criminal charges are filed in Nevada is crucial for anyone facing potential criminal allegations. Many people believe they can simply walk into a police station and “press charges” against someone, but the reality is much more complex. If you’re facing criminal charges in Las Vegas or anywhere in Nevada, knowing the process can help protect your rights.
If you or someone you know is facing criminal charges, contact our office today. The Defenders is a criminal defense firm based in Las Vegas, Nevada. Our attorneys have represented clients across a variety of criminal charges throughout the years. We can help.
Contact us for a free case evaluation.
You Cannot Directly Press Criminal Charges in Nevada
Here’s what most people don’t understand: you cannot directly press criminal charges against another person in Nevada. While you can report a crime to police, the authority to file criminal charges lies exclusively with the District Attorney or Attorney General.
When you report a suspected crime:
- Police will determine if your report warrants investigation
- Law enforcement gathers evidence during their investigation
- The District Attorney reviews all evidence before deciding whether to file charges
- Only prosecutors have the legal authority to bring criminal charges
The Two Ways Criminal Charges Are Filed in Nevada
In Nevada, criminal charges are brought against a suspect through one of two methods:
1. Information Filed by the District Attorney
- The DA reviews evidence gathered by police
- If there’s sufficient evidence, they file a sworn statement detailing charges
- This is the most common method for filing charges
Recent Example: Clark County district attorney Steve Wolfson called for stiffer DUI penalties after the suspect in a crash that killed an 18-year-old student in Las Vegas appeared in court. In this case, the District Attorney filed information based on police investigation showing the suspect was driving under the influence.
2. Grand Jury Indictment
- The DA presents evidence to a randomly selected group of citizens
- The grand jury reviews evidence and decides whether to indict
- This method is typically used for more serious felony cases
Recent Example: A Clark County grand jury has handed down an indictment against a Las Vegas teen accused of plotting a terror attack at Chaparral High School. Court documents obtained by FOX5 have revealed more details about the eight charges levied against 17-year-old Joshua Robles, demonstrating how grand juries handle serious, high-profile cases.
The Step-by-Step Criminal Charge Process in Nevada
Understanding each stage can help you navigate the system more effectively:
- Investigation – Police investigate reported criminal activity and gather evidence
- District Attorney Review – Prosecutors evaluate all evidence to determine if charges are warranted
- Filing Process – DA files information or presents case to grand jury
- Arrest Warrant – Issued if charges are filed or grand jury indicts
- Arrest and Custody – Suspect is taken into custody
- Initial Court Appearance – Defendant appears before judge, charges are read, bail is set
- Arraignment – Formal charging, defendant enters plea
- Preliminary Hearing – Court determines if sufficient evidence exists for trial
- Trial – Evidence presented to determine guilt or innocence
Do I Need Evidence to Have Charges Pressed Against Someone in Nevada?
You absolutely need substantial evidence to have criminal charges considered against someone in Nevada. Simply wanting to “press charges” against someone is not enough.
Probable Cause Standard
Nevada requires probable cause – a reasonable belief that a crime occurred and the accused person committed it. This includes:
- Physical Evidence: Items directly related to the alleged crime, such as weapons, stolen property, or forensic evidence
- Witness Statements: Testimony from individuals who saw or have knowledge of the alleged incident
- Documentation: Photos, videos, text messages, emails, or other records supporting your claim
- Expert Testimony: Professional opinions from forensic specialists, medical professionals, or other experts
- Police Reports: Official documentation of the incident and initial investigation
Evidence Quality Matters
The strength and credibility of your evidence significantly impacts whether the District Attorney will file charges. Weak or inconsistent evidence may result in:
- Police declining to investigate further
- DA rejecting the case for lack of probable cause
- Charges being filed but later dismissed
What Should You Do If Someone Attempts to Press Charges Against You?
If you find yourself facing criminal allegations in Nevada, take these immediate steps:
1. Seek Legal Representation Immediately
Don’t wait – criminal charges are serious. Contact an experienced Nevada criminal defense attorney right away to protect your rights.
2. Gather Your Evidence
Collect any evidence that disputes the allegations:
- Text messages
- Alibi documentation
- Witness contact information
- Photos or videos
- Any other relevant documentation
3. Cooperate with Police – But Only with Your Attorney Present
Never speak to law enforcement without legal counsel. Your attorney will guide you through police interactions while protecting your rights. Know your constitutional rights.
4. Understand Criminal Defense Strategies
Your attorney will help develop a strategic defense plan specific to your case. This may include:
- Challenging the evidence against you
- Identifying procedural errors in the investigation
- Negotiating with prosecutors for reduced charges
- Preparing for trial if necessary
False Police Reports: The Consequences
Filing a false police report in Nevada is a misdemeanor offense with penalties including:
- Up to 6 months in jail
- Fines up to $1,000
While police often recognize baseless reports quickly, some cases proceed further into the court system – which is why having experienced legal representation is crucial.
How The Defenders Can Help You
If you’re facing criminal charges in Las Vegas or anywhere in Nevada, you need aggressive, experienced legal representation immediately. The Defenders have protected clients’ rights and futures throughout Nevada for decades.
Our experienced criminal defense team will:
- Thoroughly investigate your case
- Challenge the evidence against you
- Work to have charges reduced or dismissed
- Develop a strategic defense tailored to your specific situation
- Be available 24/7 throughout your case
We represent clients facing all types of criminal charges, including:
Don’t leave your freedom to chance with an overworked public defender. When you hire The Defenders, our entire legal team becomes dedicated to achieving the best possible outcome for your case.
Facing criminal charges? Call The Defenders today at 702-333-3333 for your free consultation. We’re available 24/7 to protect your rights and fight for your future.
Our experienced attorneys have successfully defended clients at every stage of the criminal justice process, from arrest through trial. Contact us now to discuss your case.
Frequently Asked Questions
Can I press criminal charges against someone in Nevada?
No, you cannot directly press criminal charges against someone in Nevada. Only the District Attorney has the legal authority to file criminal charges. While you can report a crime to police and provide evidence, the DA reviews all evidence and decides whether there’s probable cause to proceed with charges. You play an important role by reporting the crime and cooperating with the investigation, but the final decision belongs to prosecutors.
What happens after I report a crime to police in Las Vegas?
When you report a crime to Las Vegas police, they begin an investigation to determine if the report has merit. Officers will gather evidence, interview witnesses, and document the incident. If they find sufficient evidence, they submit their findings to the District Attorney’s office for review. The DA then decides whether to file charges through an information or present the case to a grand jury for indictment.
How long does it take for criminal charges to be filed in Nevada?
The timeline for filing criminal charges in Nevada varies significantly depending on the complexity of the case and evidence available. Simple cases may see charges filed within days or weeks, while complex investigations can take months or even years. If the DA files charges through an information, the process is typically faster than going through a grand jury, which may take several months to convene and review evidence.
What’s the difference between a grand jury and a regular trial in Nevada?
A grand jury occurs at the beginning of a criminal case to determine if there’s enough evidence to indict someone, requiring only 12 of 17 jurors to agree. A trial jury happens after charges are filed and determines guilt beyond a reasonable doubt, requiring unanimous agreement from all jurors. Grand juries review evidence presented by prosecutors only, while trial juries hear from both prosecution and defense. Grand juries are typically used for serious felonies or high-profile cases.
Do I need evidence to report someone for a crime in Nevada?
While you don’t need conclusive evidence to report a crime, providing evidence strengthens your report and increases the likelihood of investigation. Nevada requires probable cause for charges to be filed, so police need reasonable evidence that a crime occurred and the accused committed it. This can include witness statements, photos, videos, text messages, or physical evidence. Without any supporting evidence, police may be less inclined to pursue a full investigation.
