Online or Remote Court Appearances in Nevada
Prior to the COVID-19 Pandemic, most if not all court appearances were required to be in-person. Even the smallest things that were sorted out in court, like traffic tickets, needed to be handled at the courthouse.
This means you had to formally plead guilty to the traffic violation and pay the associated fine. In some cases, such as with parking tickets or minor offenses, you could simply sign the ticket to admit guilt and send it along with the payment by mail. Otherwise, you were required to appear in court; failing to do so would result in an additional violation for failure to appear.
However, once the pandemic hit, the court needed to find other ways to keep the court docket moving forward.
Like everything else, the court system needed to find a way to navigate the new normal. Thus, a remote court system was established, operating essentially as Zoom meetings for court appearances. Not all court appearances can be remote though. Some require an appearance in court.
If you’re unsure as to whether or not you need to appear in person for court you should consult with an attorney. The Defenders can recommend or confirm whether or not an appearance is required or if it’s better to try to conduct the appearance remotely.
If you are facing criminal charges, hire The Defenders to represent you. Our team has been successfully defending clients in Nevada for years. Contact our office today!
Remote Appearances for Criminal Cases in Nevada
The Nevada Supreme Court has approved the use of remote technology in criminal cases and virtual advocacy in the Nevada courts. Not all criminal procedures permit remote appearances. However, here are the regulations governing remote participation in criminal proceedings:
- Litigants and attorneys: The court will approve or deny a remote appearance if the request is made at least four business days prior to the scheduled appearance.
- Witnesses: Can request to appear remotely only for preliminary hearing testimony by requesting a “ Witness Declaration For Preliminary-Hearing Testimony Through The Use of AudioVisual Technology” form.
- Other parties or witnesses related to the case: Other parties can request to appear remotely in all criminal proceedings except trials. Trials require an in person appearance.
- Evidence and documentation: All evidence and documentation must be provided to the court 48 hours prior to the virtual appearance
To appear remotely, you must have a court provided Zoom link, a device with a microphone and camera, and you must still dress appropriately for court.
Required In-Court Appearances in Nevada
Criminal trial is considered a court appearance that is required if the defendant pleads not guilty and the case moves to the trial phase.
However, some of the pre-trial hearings can be held remotely depending on the circumstances and the court rules.
In most cases, the defendant must appear in court for the trial phase of any court proceeding.
The court will approve or deny pre-trial hearings and other pre-trial appearances based on the situation and court approval.
In Nevada, the defendant has the right to a jury trial but can choose a bench trial where the judge appointed to the case makes the decision of guilt to innocence.
What Court Appearances Can Be Remote or Virtual in Nevada
At this time, many court appearances can be remote or virtual depending on the case and the circumstances, for example:
- Civil Cases
- Criminal: usually preliminary hearings; trials are generally held in-person
- Evictions
- Protections Orders
- Small Claims
- Traffic
- Bankruptcy
- Appellate Court
Each court has specific rules governing remote appearances, often influenced by the severity of the case. If you are unsure about whether or not remote or virtual appearances are approved by the court, you should consult with an attorney. Some appearances may be better in-person or required to be in-person so always check with your lawyer and the court.
What if I Fail to Appear in Court?
Failure to appear at a court appearance is a serious offense that usually leads to additional charges.
Failure to appear for a remote or virtual appearance is the same as not showing up for an actual court appearance. In most cases, failure to appear will most likely result in a bench warrant being issued for your arrest. This means that you can be arrested and taken into custody.
Failure to appear can result in additional charges and can include additional fines and jail time in addition to the other charges you may be facing.
There are cases where there is a legitimate reason for missing court either remotely or in-person. If something comes up and you can’t make a remote appearance, contact the court as soon as possible and request to have a new date scheduled. Also contact a lawyer who can help you with these requests and to get the bench warrant removed if you have already failed to appear.
Steps to Take to Appear Remotely in Nevada Court
There are several platforms that accommodate a court remote or virtual hearings. In most cases, however, it is usually Zoom. In order to prepare for a virtual appearance you must:
- Find the judge assigned to your case: This information is located on any correspondence from the court. There will also be a department letter for your case.
- Find the zoom login: Once you find the judges name or department letter, click on the corresponding link. These links are specific to the case and can only be used for that case or courtroom.
- Request a remote appearance: You will need to request a remote appearance. If you are approved, you will be invited to the link and given further instructions for attending a remote appearance
- Prepare for the hearing: Make sure to test your equipment prior to your appearance. Make sure there are no other noise disruptions
- Attend the hearing: Use the Zoom link, either through the Zoom app or web browser. Follow all instructions after you enter the Zoom link.
Other Things to Consider When Attending a Zoom Court Appearance
- Dress and behave as if you were in a courtroom
- Find a place without distractions that is quiet
- Make sure your camera is positioned correctly at eye level
- Be aware that everyone in the Zoom court appearance can see everything your doing
How Can a Lawyer Help With Remote Court Appearances
Besides legal advice and strategy for your criminal charges, a lawyer can help with remote or virtual court appearances as well.
The legal team at The Defenders can assist with filing the paperwork to request a remote appearance, make sure you have the proper setup, advice on appropriate courtroom etiquette and appearance, and advocate for our clients during the remote proceeding.
Having a lawyer like The Defenders can also ensure that you are in compliance with the rules of remote court appearances.
Since the onset of the pandemic, remote appearances have become commonplace, requiring lawyers in Nevada to adapt and learn the new process. The Defenders can help with all aspects of remote appearances and advise on whether or not remote is a good idea or even possible.
Contact The Defenders today if you are facing criminal charges of any kind and need advice and guidance on remote or virtual court appearances.
Frequently Asked Questions
Can I opt for a remote court appearance?
Not all court appearances are eligible for remote participation. The decision depends on the type of case, the severity of the charges, and the court’s rules. While many cases such as civil or traffic might allow for remote appearances, serious criminal trials usually require in-person attendance. It is advisable to check with a legal professional or the court to confirm your options.
What technical requirements are necessary for a virtual court appearance?
To participate in a virtual court appearance, you need a device with a camera and microphone, such as a computer, tablet, or smartphone. A stable internet connection is also essential to ensure you can participate without interruptions. Testing your equipment beforehand is crucial to avoid any technical issues during the proceeding. Following specific platform instructions, typically for Zoom, will help ensure a smooth virtual appearance.
What happens if I miss a virtual court date?
Missing a virtual court appearance is treated with the same seriousness as missing an in-person court date. It can result in a bench warrant for your arrest, additional charges, fines, or even jail time. If you believe you will miss a court date, it’s important to notify the court promptly and request to reschedule. Engaging a lawyer can help manage any consequences from a missed appearance.
How can I prepare for a virtual court hearing?
Preparing for a virtual court hearing involves several steps, including checking that your technology set-up is correct. Ensure your environment is quiet and free of distractions, and dress as you would for an in-person court session. Familiarize yourself with the platform being used, such as Zoom, and follow any instructions provided by the court. Being prepared demonstrates respect and seriousness about your legal obligations.
