What Should I Do If a Crime Has Occurred?

If you have not reported the crime, you must do so promptly. If this is an emergency, call 911 immediately. Explain to the emergency dispatch officer what happened and if the suspect is still in the area. The dispatch officer will assign your call to the appropriate law enforcement agency to make a full report. It is very important that you do not move, touch or destroy any evidence of the crime, as the law enforcement officer will need to photograph it and take it into evidence. If the crime is not an emergency situation, make contact with the law enforcement agency through its regular telephone number.

You will be asked to fill out a statement as to what happened. It is critical that you make this statement as complete as possible. If you have trouble writing, notify the law enforcement officer of this and he/she will arrange for someone to help you. In your statement, only include what you saw or know to be true--do not speculate. It is very important that you put down any statements the suspect made to you before, during or after the crime. If you remember something after you have submitted your statement, you should fill out a supplemental statement and make sure it is given to the law enforcement officer who took your first statement, or the detective who has been assigned to handle the case. Even if you are not sure the information you have is important, it is better for you to fill out a supplemental statement and let the law enforcement officer or prosecutor determine whether it is necessary information. Often, cases have been lost because a witness did not give complete information to the law enforcement officer or prosecutor.

Your Role as a Victim or Witness

As a crime victim, you are essential for the prosecution of the defendant. However, you are not a formal party to the criminal proceeding. In a criminal proceeding, the State of Nevada (or city) is the plaintiff, and the accused is the defendant. It is important that you realize the prosecutor has the discretion as to whether or not to proceed on criminal charges, and whether or not to settle the case in exchange for a plea to reduced charges or a specific recommended sentence. Even if you do not want the defendant prosecuted, the prosecutor can proceed. The same is true if you want to prosecute and the prosecutor declines. Please keep in mind that you always have the option of filing a civil lawsuit against the defendant through a private attorney.

As a witness (non-victim) you have seen, heard or know something about a crime that has been committed, and it is important that you be prepared to testify. Oftentimes, a witness' reluctance to get involved results in a suspect not being charged, convicted or punished.

The Charging Process

Once the law enforcement officer has completed the investigation, there are several options:

1. The officer may arrest the suspect, if the crime is a felony, gross misdemeanor, or a domestic violence battery that has occurred within the preceding 24 hours; or
2. The officer may submit the full crime report to the prosecutor for review and a charging decision, at which point if charges are filed, either an arrest warrant or summons to appear is issued to the defendant; or
3. The officer may suspend or close the case because of the lack of sufficient evidence on which to make an arrest or to submit to the prosecutor.

Once the district or city attorney (prosecutor) receives the investigation reports from law enforcement, he or she will review the case. The prosecutor has three options after reviewing the case: return the case to law enforcement for further investigation; file what the prosecutor believes are the appropriate charges in the case; or decline to prosecute.

The prosecutor has the sole discretion to decide how to handle the case. If the prosecutor decides not to file charges, it is generally because he or she believes that there is insufficient evidence to obtain a conviction. It does not mean that a crime did not occur, but rather, that they can not prove the case. Remember that the prosecutor must prove the case "beyond a reasonable doubt" and has an ethical obligation to proceed only on those charges that are supported by the evidence.

Crimes

Nevada's criminal laws are located in the Nevada Revised Statutes (NRS). A crime is defined as "an act or omission forbidden by law and punishable upon conviction," and the law classifies criminal offenses into three categories: misdemeanors, gross misdemeanors, and felonies.

Misdemeanor:
Every crime punishable by a fine of not more than $1000, and/or by imprisonment in a county or jail for not more than six months. Community service imposed by the court is an alternative to all or part of the punishment. These crimes are handled in either justice or city courts by a justice of the peace or city judge. Guilt or innocence is determined solely by the presiding judge. A defendant charged with a misdemeanor does not have the right to have a jury trial. Some examples of misdemeanors are traffic offenses, battery (unlawful hitting), and property crimes with a value under $250.00.

Gross Misdemeanor:
A crime wherein the punishment is imprisonment in the county jail for not more than one year, or by a fine of not more than $2000 or by both fine and imprisonment. Probation is possible with this crime. This crime requires a preliminary hearing (to confirm probable cause to charge) in front of a justice of the peace and, if enough evidence exists, the case is bound over for jury trial in district court. An example of this crime is conspiracy to commit another crime. Relatively few crimes come under this category.

Felony:
This Is the most serious criminal offense and is punishable by imprisonment for more than one year in a state prison and/or fines depending on the specific crime. There are five different classes of felonies, ranging from Class E (maximum 4 years, probation usually mandatory) to Class A (imprisonment for life or the death penalty). Probation is available in most felonies. Contact your prosecutor if you have any questions regarding the range of punishments. Anyone charged with a felony has the right to a preliminary hearing, and if bound over to district court, has the right to a jury trial. Examples of felonies are sexual assault, burglary, murder, robbery, weapon and drug violations.

Arrest and Bail

There are different procedures involved for the arrest of a defendant:

Misdemeanor:
A law enforcement officer may issue a citation for a misdemeanor committed in his/her presence. If the misdemeanor was not "committed in his presence," he/she can submit the case to the prosecuting attorney for review and possible charges. A person does have the right to make what is known as a "citizen's arrest," but this practice is discouraged as it makes the person who made the arrest possibly liable for wrongful arrest. It is best to have the law enforcement officer either make the arrest or submit the case to the prosecuting attorney for charging.

Gross Misdemeanor/ Felony:
A law enforcement officer may make an arrest if the offense is a gross misdemeanor or felony, regardless of whether the officer was actually present when the crime was committed, if the officer has probable cause to believe a crime has been committed.

Summons:
A summons can be issued from a court, which requires a defendant to appear for arraignment and trial. A summons is generally used in misdemeanor cases where the defendant is not likely to commit any more crimes. A traffic ticket issued by a police officer is a "summons," requiring a subsequent appearance in court.

Warrants:
A law enforcement officer may arrest a person who has a warrant issued by a court for their arrest.

Bail Bonds:
A bail bond is intended to ensure that the defendant will appear at every stage of the criminal justice process. A defendant in a criminal case in generally entitled to have bail set in a reasonable amount. Bail bonds are usually money or security that a defendant puts forth to be allowed to leave custody. The judge sets this amount. However, a judge can increase the amount based on the seriousness of the crime, the defendant's prior criminal history, or if there is evidence the defendant might leave the area or commit further crimes. If the defendant is unable to meet the bond amount, he usually remains in custody pending trial on the charges. The judge has the ability to release a defendant on his/her "own recognizance" without having to post bail. This is done if the judge believes the defendant will appear for all court proceedings and is unlikely to commit any further crimes.

Who Will Prosecute the Crime?

City Attorney:
Is responsible for prosecuting misdemeanor crimes that occur within the city limits of an incorporated city. Except for Carson City, which is both a city and a county under state law, city attorneys cannot prosecute gross misdemeanors or felonies. Trials in municipal court are held before a judge and there is no right to a jury trial.

District Attorney:
Is responsible for prosecuting all crimes (felonies, gross misdemeanors and misdemeanors) that occur within a county, except for misdemeanors committed within an incorporated city. In Carson City, the district attorney is also the city attorney.

For the purposes of this handbook, the term "prosecutor" will be used for both city and district attorneys and their deputies.

Once a defendant has been charged with a crime and either arrested or summoned to appear before the court, he/she is given an initial appearance or arraignment. At that time, the defendant is notified of the charges and the bail amount. Depending upon the classification of the charge, the defendant is either given a trial date (for misdemeanors), or a date for a preliminary hearing (if gross misdemeanor or felony).

Initial Appearance or Arraignment

At the time of initial appearance (for misdemeanors) or arraignment in district court (for gross misdemeanors and felonies bound over after preliminary examination), the defendant is read the charges and asked to enter a plea of guilty, no guilty or nolo contendre. If the defendant pleads guilty to misdemeanors, the judge usually will sentence the defendant at that time. If this occurs, you may not have the opportunity to be heard for sentencing. If this is a serious concern for you, you should contact your prosecutor immediately and notify them of your sentencing concerns. This is especially important if you believe you are entitled to restitution.

A nolo contendre plea is treated as a guilty plea by the court, but allows the defendant to escape civil liability based on his plea. You always have the option of pursuing civil remedies, through a private attorney. You cannot stop a defendant from pleading nolo contendre.

Although misdemeanor defendants routinely plead guilty at time of arraignment, the justice of the peace does not have jurisdiction to accept a guilty plea on behalf of a defendant charged with a gross misdemeanor or felony.

If the defendant pleads not guilty, the judge will then set a trial date. The defendant is entitled to a trial within 60 days. Although defendants have this right, the date for trial will usually be set several months away unless the defendant is in custody and has not been able to make bail. Do not be surprised if the trial date is many months away, or if it gets continued. Trial preparation by the prosecution and defense often takes time. The court system is quite busy and often is unable to hold all trials within a short time of the crime being committed.

Preliminary Hearing

If the defendant has been charged with a gross misdemeanor or felony, he/she is entitled to a preliminary hearing. A preliminary hearing is a probable cause hearing where the judge will decide if there is sufficient evidence to show a crime "probably" has been committed and if the defendant "probably" committed it. A preliminary hearing is conducted like a trial, except that often a prosecutor or defense attorney will not put on their entire case. Remember guilt or innocence is not being decided at a preliminary hearing--just probable cause to bind the defendant over for trial in district court. If the judge does not find sufficient evidence to bind the case over for trial, it will be dismissed.

Some of the larger jurisdictions (Las Vegas and Reno) have grand juries impaneled. A grand jury functions much like a judge in deciding whether there is sufficient evidence to bind over a defendant charged with a felony or gross misdemeanor for trial in district court. However, in a grand jury proceeding, the defendant or his attorney may, but is not required, to present evidence tending to explain away the criminal allegations, but is not allowed to ask questions or cross-examine witnesses. Because grand jury proceedings are inquisitorial and therefore "one-sided," the prosecutor is ethically obliged to present any evidence that tends to show the defendant did not commit the crime(s) alleged.

Subpoenas

Once a trial date is set, you will be given a subpoena, which is a court order directing you to appear at a specified time and place. It may be delivered to you by mail or in person. This is a court order, and if you fail to appear at the time and place stated, you face criminal contempt of court charges. It is very important to obey a subpoena.

If you have a conflict with the date set on the subpoena, it is also very important that you contact the prosecutor's office as soon as possible to notify them. You should also notify the prosecutor's office if you change your address, phone number or plan on leaving the area.

Your employer should not discharge, punish or threaten you for attending a criminal proceeding when you are subpoenaed. If you experience such problems, please contact your prosecutor's office immediately. It is a misdemeanor offense for an employer to do this, or to penalize an employee summoned to court for jury duty.

It is always advisable to contact your prosecutor's office upon receipt of a subpoena from either the prosecutor's office or defense attorney. That allows the prosecutor plenty of time to meet with you or discuss the case by telephone before you have to testify.

Misdemeanor and District Court Trials

As a victim or witness, you will be expected to appear at the time and place set for trial as set forth in your subpoena. You should contact the prosecutor when you appear in court for trial.

Individuals at Trial: 

• Judge - presides over the trial, and will determine guilt or innocence unless a jury is deciding the case.
• Prosecutor - represents the state or city and is responsible for presenting the case.
• Defendant - the person accused of committing the crime.
• Defense Attorney - responsible for representing and defending the accused.
• Bailiff - law enforcement officer who provides security in the courtroom.
• Court Clerk - responsible for administering oaths and keeping court docket.
• Court Reporter - takes down everything that is said in a trial.
• Jury - 12 residents of the county selected to determine guilt or innocence, when a jury trial is available (gross misdemeanors and felonies).

Once the trial begins, the judge will give you an oath to tell the truth. Once you have taken that oath, you may testify. If it is not your turn to testify, you may be asked to wait outside until you are called. This is called the Rule of Exclusion, and is to make sure that witnesses do not listen to each other's testimony. Do not be offended if you are asked to leave.

Once you are asked to testify, you will be reminded that you are under oath (or the oath will be given). You will be asked to give Your full name and to spell it for the record.

Direct Examination

You will be first asked questions by the prosecutor (if they subpoenaed you). This is called direct examination. In direct examination, the prosecutor will be asking you what you saw, heard or know.

Cross-Examination

Once the prosecutor has finished asking you questions, then the defense attorney will asked you questions. This is called cross-examination. Generally, most questions under cross-examination can be answered with a yes or no. After cross-examination, the prosecutor has the opportunity to ask you questions based on any questions the defense attorney may have asked you. This is called Rebuttal. The defense attorney then as the opportunity to ask you questions based on the rebuttal questions. This is called sur-rebuttal.

Once you have finished testifying you may either be excused by the court, or be asked to remain for possible further testimony. Do not leave the area unless you have been excused by the judge or have spoken with the prosecutor.

After the prosecutor has put on his case (called the case-in-chief), the defense has the opportunity to put on their case. The defense can call witnesses (including you) to try to show that the defendant is not guilty of the charged crime-- or simply that the prosecution has not met the heavy burden of proving the case beyond a reasonable doubt. The defendant has the right to take the stand and testify on his or her own behalf. Defendants also have the right not to testify. The prosecutor has the same right to cross-examine the defense witnesses as the defense has with the prosecution witnesses. After the defense has put on their witnesses, the prosecutor has the chance to put on any additional witnesses to rebut the defense case.

Once both the prosecution and defense have put on their respective cases, the court closes that portion of the trial and asks for final arguments. You may be present for these arguments if you so desire. In closing arguments, the state tries to convince the Court they have proven the crime beyond a reasonable doubt, while the defense attorney tries to show the opposite. The judge may make a ruling at that time, or may take the matter under advisement and issue a ruling later.

If the defendant is found guilty of a misdemeanor, then a sentence is generally handed down at that time. If you are a victim, you have the right to appear and be heard at sentencing. For further information on sentencing, see the Sentencing section of this handbook.

Special District Court Trial Rules

In a district court trial, a panel of 12 jurors (and several alternates) will decide if the defendant is guilty of the charged crimes. The jurors are selected through a process called voir dire, where the attorneys and judge, through a question and answer process, try to pick jurors who will be fair-minded, and without any preconceived notions or information about the case.

The district court judge will conduct the trial and will make rulings on what is admissible in court. The trial will be conducted as explained above.

The jurors will listen to all the evidence, and when the class is closed, will go into deliberations. During the deliberations, the jurors will decide if the defendant is guilty or not guilty of the charged crimes. Sometimes, deliberations can take several days.

If a defendant is found guilty of the charges, the district court judge will delay sentencing (usually 30-60 days) to have the Department of Parole and Probation prepare a pre-sentence investigation (see Sentencing section of this handbook). In murder cases, the jury also determines the appropriate sentence, and the trial is divided into guilt phase and sentencing phase (if a guilty verdict is returned).

Never attempt to talk with a juror about the case or any other matter during the trial. This includes chance meetings during recesses, in hallways, at lunch or any other place. Even if you are friends with a juror, you must not discuss the case with them. Violation of this rule against juror contact can result in a mistrial and a finding of contempt against the person making such contacts.

Your conduct during a jury trial is especially critical. Dress appropriately, maintain eye contact with whoever is asking the questions, be courteous to the court and the attorneys, and always listen to the question that is being asked.

The first time you are called to testify can be quite scary. Remember that you are there to tell the court what you know, saw or heard. The court is trying to get as much information as possible before determining whether the defendant is guilty of the charges. Sometimes, the defense attorney may try to confuse you about what you know, saw or heard; often he or she is only testing your ability to perceive the events, the quality of your memory about them, and whether any biases or prejudices affect your recollections. Just tell the truth as best as you can recall.

General Rules for Testifying

• Always Tell the Truth
• Speak Clearly. A court reporter needs to take down everything you say, so it is important to speak clearly. This is also very important in a jury trial, since jurors cannot be asked to remember or believe what they did not hear.
• Listen Carefully to the Questions. If you do not understand the question, ask to have it repeated. If it is an improper question, an attorney will object.
• Dress Appropriately. Court is a very serious matter, and you should dress neatly. Shorts, tank tops, T-shirts or clothing with offensive language or designs are not appropriate courtroom attire. Talk to your prosecutor if you have any questions about what is appropriate for court.
• Do Not Lose Your Temper or Use Foul Language
• Do Not Argue With the Attorneys
• Do Not Volunteer Information or Exaggerate. Answer only the questions that are asked.
• Bring Any Records or Documents that you are Requested to Bring
• Before trial, familiarize yourself about the contents of those records and make sure the prosecutor has a copy of them.
• Testify only to the facts you observed or know. Do not speculate or give your personal opinion unless specifically asked to do so.
• If either attorney or the judge makes an objection, STOP until the judge tells you to continue.
• If your answer was not correctly stated, then correct it immediately.
• Do not guess if you're not sure. If you must estimate in order to answer a question (such as times or distances), make it clear you are giving an estimate.
• After being excused from the stand, do not discuss the case in halls, restrooms or anywhere you could be overheard. Especially, do not discuss your testimony or questions asked with others you know are witnesses in the case. After the case has ended by a determination of acquittal (not guilty) or guilt, you may discuss such matters.
• If you are asked if you've discussed the case before court, tell the truth. There is nothing to hide. It is very commonplace that a witness in a trial will have discussed what happened with police, prosecutors, family members or friends.
• Your behavior out of the courtroom is as important as your behavior in the courtroom.
• Arrange for childcare during the time you come to court. Children should not be brought to court unless they are included on a subpoena.

If you think an answer to a potential question may tend to make you criminally responsible for something, you can refuse to answer on the grounds of self-incrimination. If this is a concern, you should mention this to the prosecutor prior to trial, and/or retain a private attorney. It may be that there is no legal grounds for your concern about self-incrimination and the court will instruct you to answer the question. The prosecutor also has the option of seeking full immunity from prosecution if he or she believes your testimony is more important than your own potential criminal responsibility.

Plea Negotiations

Many criminal cases are negotiated, whereby an agreement is reached between the State (or city) and the defendant. If a plea agreement is reached, there will be no trial. It is often to the state's advantage to enter into a plea agreement due to lack of evidence, missing witnesses or various other reasons. If you, as a victim, have concerns about restitution or other issues, you should contact your prosecutor and inform him/her of the those concerns so that they might become part of the agreement. The plea agreement is not final until a judge has approved it. While a judge does not have to agree to reduced charges in a plea negotiation, he or she usually does so, on the theory that the prosecution and defense best know the strengths and weaknesses of the case.The judge does not have to follow any sentencing recommendations that may be part of the plea agreement.

Sentencing

Whether the defendant has plead guilty, or was found guilty by either a judge (misdemeanor) or jury (felony and gross misdemeanor), the presiding judge is responsible for handing down a sentence. For the various available penalties, see the classification of crimes section. Do not try and contact the judge directly regarding sentencing of the defendant. Express your concerns to your prosecutor, and, if a felony case, to the parole and probation officer.

A pre-sentence investigation is required for anyone who pleads or is found guilty of a felony, and is optional for those convicted of a gross misdemeanor. The pre-sentence report reviews the sentencing offense, the defendant's prior criminal history, employment, education, alcohol/drug abuse, and other factors in determining an appropriate range of punishment for the defendant. The judge is not bound to follow the recommendations contained in the pre-sentence report - rather, the judge uses the report as a basis for determining the appropriate punishment.

If you are a victim in a felony (and usually in a gross misdemeanor) case, you will be contacted by the Department of Parole and Probation for a sentencing statement and to determine any restitution to which you may be entitled. It is very important that you fill out the statement and return it to the parole and probation officer. Keep in mind that your statement will become part of the pre-sentence investigation that the judge will read.

Your Right to Be Heard at Sentencing

In Article 1, Section 8 of the Nevada Constitution, the Legislature is charged with making laws providing that the victim of a crime, personally or through a representative, shall be:

Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding;

Allowed to be present at all public hearings involving the critical stages of a criminal proceeding; and

Allowed to be heard at all proceedings for the sentencing or release of a convicted person after trial.

A victim's right to be heard at the time of sentencing (any type of crime) is found in the Nevada Revised Statutes (NRS). NRS Section 176.015 provides:

Before imposing sentence, the court shall afford the victim an opportunity to appear personally, by counsel or by a personal representative and reasonably express any views concerning the crime, the person responsible, and the impact of the crime on the victim and the need for restitution.

Additionally, the prosecutor must give reasonable notice of the sentencing hearing to the person against whom the crime was committed; a person who was injured as a direct result of the crime; the surviving spouse, parents or children of a person who was killed as a direct result of the crime; and any other relative or victim who requests in writing to be notified of the hearing.

Restitution

The court can order restitution against a defendant who is found guilty. Acceptable restitution includes direct costs to pay for medical bills, property damage and unrecovered stolen property. In order for the court to order the defendant to make restitution, you must provide your prosecutor with copies of your bills and/or estimates for replacement or repair. If the crime is a gross misdemeanor or felony, you should also provide those documents to the parole and probation officer who is doing the pre-sentence report.

The court cannot order restitution for such things as pain and suffering or future loss of earnings. If you have insurance that has paid your bills or damages, usually the only costs you can recover are your deductibles. If your case involves a large amount of damages, you may want to consider contacting a private attorney and filing a lawsuit against the defendant in civil court.

Unfortunately, many times criminal defendants do not have the financial means to make restitution, especially if incarcerated at sentencing. Do not be surprised if the defendant fails to comply with a court order to make restitution. If a defendant fails to make restitution that was a condition of his/her probation, that failure can be considered grounds for revocation of the probation.

Other Compensation

The State of Nevada has a program to compensate victims of violent crime. The compensation may be awarded for medical bills, psychological counseling, lost wages, funeral and burial expenses. You cannot be compensated for property loss, legal fees, phone bills, living expenses or pain and suffering. For an application form, contact the Victim of Crimes Program; 4600 Kietzke Lane 1-205; Reno, NV 89502-5000; telephone (775) 688-2900; or 555 East Washington Ave. Suite 3200; Las Vegas, NV 89101; telephone (702) 4862740.

For a victim of a sexual offense, there are other assistance programs. Counties are responsible for payment of sexual offense examinations and medical care for any physical injuries resulting from the offense within 72 hours after the victim arrives for treatment. Additionally, the county can pay up to $1000 for counseling costs. Contact your prosecutor if you have any questions regarding this provision. (NRS 449.244; 217.290; 217.480)

Appeals

A defendant who is convicted of a crime has the absolute right to appeal that finding of guilt. If the defendant has been convicted of a misdemeanor, the initial appeal is to a district court judge. If the defendant has been convicted of a gross misdemeanor or felony, the initial appeal is to the Nevada Supreme Court. Keep in mind that there are several levels of appeals, and thus your case may not have final resolution for some time. Ask your prosecutor about any appeals in your case.

Other Rights

There are other sections in the Nevada Revised Statutes that provide for victim's rights. Below is a compilation of various chapters in the NRS that provide for some of those rights. This is not a comprehensive list of those rights. Please contact your prosecutor if you have any questions regarding your specific rights.

NRS 62.193 (12)
Provides in a case where the defendant is a juvenile that the prosecutor, if so requested, must disclose to the victim or a parent or guardian of a victim, the disposition (sentence of the case).

NRS 176.630
Provides a hearing to revoke probation and modify a defendant's sentence, and that the Division of Parole and Probation must notify the victim of the proposed changes and the victim has the right to be heard at the hearing. The victim must request such notification, in writing to the Department of Parole and Probation.

NRS 178.5696
Provides that during a criminal case, the court must provide a secure waiting area for victims and witnesses. This statute also provides that a court or law enforcement agency which has custody of stolen or other personal property belonging to a victim or witness shall, upon written request, make available a list of the property being held in custody unless disclosure or identity of the evidence would seriously hamper the investigation. Additionally, the property must be returned when it is no longer needed for evidence.

NRS 176.5698
Provides that, upon written request of the victim, the prosecutor, sheriff or chief of police shall inform the victim of:

• When the defendant is released from custody at any time before or during trial
• The amount of bail for release of the defendant
• Of the final disposition of the case in which he was directly involved
• If the defendant has been convicted of a sexual offense or a crime of threatened or actual use of violence against the victim, the court shall provide to each victim or witness certain forms and documentation outlining rights (contact your prosecutor for specifics regarding this section).

NRS 200.591
Provides that a court may issue a temporary or extended order for protection to a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed.

NRS 209.392 & 521
Provides that, upon written request of the victim, the Nevada Department of Prisons shall notify the victim if the defendant becomes eligible for residential confinement, or is the defendant is released from custody or escapes.

NRS 213.130
Provides that, upon written request of a victim, the Board of Parole Commissioners, must notify a victim that a prisoner is being considered for parole, and the victim must be notified of the date of the hearing and given the opportunity to testify and submit documents. Additionally, the Board of Parole Commissioners must notify the victim of their decision on whether to grant parole.

NRS 213.010, 040, 095
Provides that upon written request of the victim, the Board of Pardon Commissioners must notify a victim when a prisoner has applied for clemency, allow the victim to submit written statements or to be heard, and the disposition of the hearing.

Note: As a victim, you are entitled to certain notifications if you have requested, in writing, to be notified. As part of that written request, you must provide an address where you can be contacted. If you move, you must notify the the notifying agency of the new address. Your address must be kept confidential by the agency that receives your written request. Addresses for the state agencies you should notify (upon the defendant's conviction of a gross misdemeanor or felony) are provided below:

Who to Contact After Sentencing

Nevada Department of Prisons
Central Administrative Office
Attn: Warrants Coordinator/Victim Notification
P.0. Box 7011
Carson City, NV 89702

Nevada Division of Parole and Probation
Central Administrative Office
1445 Hot Springs Road, 104 West
Carson City, NV 89706

Nevada Board of Parole Commissioners
1445 Hot Springs Road 108-B
Carson City, NV 89711

Nevada Board of Pardons Commissioners
1445 Hot Springs Road, 108-B
Carson City, NV 89711

No. The crime has been committed against the state, and you are either the victim or witness. The decision to whether to proceed on the charges is given to the prosecutor, not the victim. Although you may be reluctant to proceed to court, keep in mind that it is important that a defendant accepts responsibility for their criminal conduct, and they should be discouraged from committing crimes against other people in the future. You cannot fail to appear for court, or you will face contempt of court charges (punishable by up to 25 days in jail and a fine of $500). Of course, you do have the right to request that charges not be pursued, and you should express any concerns you have to your prosecutor. If the prosecutor does agree with your request to drop charges, you may be asked to put your request in writing. In some kinds of cases, particularly D.U.I. and domestic battery cases, Nevada law expressly prohibits dropping or reducing the charge unless the prosecutor "knows or it is obvious that the charge is not based upon probable cause, or cannot be proved at trial."

Probation is where a convicted defendant is not sentenced to jail or prison, but is given a suspended sentence. Probation can be revoked if the defendant does not comply with the terms of probation. If that happens, the suspended sentence is imposed and the defendant is generally sent to jail or prison.

Parole is where a defendant has been sentenced to prison for a felony conviction, and has served a certain amount of time that makes him eligible for parole (early release from prison, upon terms of parole). Even though a prisoner may achieve parole, they are still under the jurisdiction of the Department of Prisons until their term of sentence has expired. Violation of parole terms can result in return to prison to complete the remainder of the sentence.

Contact 911 immediately and report it. Fill out a statement about what occurred. After the law enforcement officer has taken your report, notify your prosecutor. It is against the law to threaten, harass or intimidate any witness, with the purpose of affecting the court proceedings.

No. As a matter of fact, you do not have to talk to anyone prior to testifying in court. This includes police investigators, prosecutors and the defendant and his representatives. This decision is entirely yours. Therefore, if the defendant, defense attorney or private investigator contacts you prior to trial and wishes to discuss the case, you are under no obligation to discuss it with them. However, refusing a reasonable request to discuss the facts of the case may be used in court to show your bias or prejudice. You always have the option of telling them that you want the prosecutor to be present for any such discussions. It is suggested that you contact the prosecutor and tell them about any such contacts. If you do discuss the case without the prosecutor present, you should take note of what you said and the questions that were asked. Anything you say during such interviews can be used in the trial, so it is important to be careful and accurate about the information you provide.

Contact your prosecutor's office and notify them that you need an interpreter. They will arrange to have one available, at no charge, for your court appearance.
What is the Difference between Criminal and Civil Courts?

In a criminal case, a crime has been committed and the State of Nevada or a city is the plaintiff. The purpose of a criminal case is to hold the defendant accountable for his illegal actions. A crime is an offense against society in general, not just a particular victimized person. Criminal courts are concerned with punishing and rehabilitating the defendant. A defendant in a criminal case who faces incarceration upon conviction is entitled to an attorney at public expense if he or she cannot afford to hire one. The standard burden of proof, which must be shown before a defendant can be found guilty of a crime, is "beyond a reasonable doubt." This is the highest standard of proof required in courts of law.

In a civil case, the plaintiff is a private party, such as yourself, who files a civil lawsuit against someone who has injured you in some fashion. A defendant in a civil case is not entitled to legal representation at public expense if he cannot afford an attorney. The standard of proof which must be shown before a defendant can be held liable is a preponderance of the evidence (a "more probable than not" standard), which is a lower burden of proof than that required for criminal cases. Some civil actions, such as cases involving fraudulent conduct, require that the plaintiff prove his case by "clear and convincing evidence."

It depends. In a criminal case, the public prosecutor is given the sole responsibility for handling the case. A private attorney cannot prosecute a criminal case. The prosecutor represents the state or city against which a crime has been committed.

If the case is a simple misdemeanor and the damages are minimal, you probably do not need to hire a private attorney to advise you. However, if you suffered extensive losses, you may want to consult with a private attorney regarding the possibility of filing a civil lawsuit against the defendant.

Yes. NRS 174.571 provides that when the victim or witness is younger than 16, the prosecutor shall request that the court, in its discretion, consider the effect a delay in the beginning of a trial would have on the child in setting the trial date.

NRS 178.571 provides that if the victim or witness is a minor, or if the crime involves sexual assault, then an attendant may be present during the preliminary hearing and trial. The attendant may sit next to the minor, or may stand in a strategic location, to provide support for the child. The attendant is not allowed to participate on the child's behalf, only to provide emotional support to aid the child in testifying fully.

No. The defendant has an absolute right guaranteed by the United States Constitution to "face his accusers." However, the defendant does not have the right to attempt to intimidate you while you are testifying. Notify your prosecutor if the defendant is trying to intimidate you while testifying.

Yes. Nevada law (NRS 178.5696) provides that the prosecutor must inform each witness of the fee to which they are entitled for testifying and how to obtain that fee. The allowed fees in criminal cases are established by the Legislature in Chapter 50 of NRS. Presently, a witness subpoenaed to court is entitled to $25 for attending court, plus mileage expenses to and from court.

Yes. A court may order a temporary or extended order for protection for a victim of domestic violence, stalking or harassment. Contact your prosecutor and/or court for more information on how to obtain such an order.

No. Remember that the prosecutor represents the State of Nevada or the city, and is either elected or appointed to fulfill that function. If you have concerns about your prosecutor, contact the district or city attorney and notify them of the problem you are experiencing.

Nevada Department of Corrections
Victim Services Unit
Attn: Warrants Coordinator/Victim Notification
PO Box 7011
Carson City, NV 89702

Nevada Division of Parole and Probation
Central Administrative Office
1445 Old Hot Springs Road, Suite 108A
Carson City, NV 89706

Nevada Board of Parole Commissioners
1677 Old Hot Springs Road, Suite A
Carson City, NV 89706

Nevada Board of Pardons Commissioners
1677 Old Hot Springs Road, Suite A
Carson City, NV 89706