Douglas County Criminal Court hears all criminal cases in Douglas County. Below you will find specific information about criminal cases and how they are handled in Douglas County.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Douglas County Criminal Court
Prosecutor in Douglas County
In Douglas County, the prosecutor is an attorney representing Douglas County. In some cases, the prosecutor may actually represent Nevada. For the most part, the prosecutor in Douglas County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
What happens in Douglas County at an arraignment?
In Douglas County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Required Court Appearances in Douglas County
Any required court appearances in Douglas County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
I need help for my Douglas County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Douglas County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Douglas County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Douglas County Criminal Court hearings
Criminal hearings in Douglas County will take place at the Douglas County Criminal Courts. Please see here for a list of the Douglas County Criminal Court Locations.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Douglas County a public defender will be appointed by the judge if you cannot afford private representation.
Douglas County Criminal Court Locations
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Douglas County District Court
Address: 1038 Buckeye Road, PO Box 218, Minden, NV 89423
Phone: 775-782-9820 Fax: 775-782-9954 -
East Fork Justice Court
Address: 1038 Buckeye Road, PO Box 218, Minden, NV 89423
Phone: 775-782-9955 Fax: 775-782-9947 -
Tahoe Justice Court
Address: 175 Highway 50, PO Box 7169, Stateline, NV 89449
Phone: 775-586-7200 Fax: 775-586-7203