Elko County Criminal Court handles all criminal cases that are filed in Elko County. See below for more information about criminal cases in Elko County.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Sentencing in Elko County
In Elko County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Elko County Criminal Court
I need help for my Elko 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 Elko 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 Elko 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.
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.
Jury Deliberations in Elko County
In Elko County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
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.
Who is the prosecutor for Elko County?
Depending upon the case, the prosecutor for Elko County criminal cases will either be a representative of Elko County or a representative from Nevada. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Mandatory Appearances in Elko County Criminal Court
At a mandatory or required court appearance in Elko County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Elko County Criminal Court locations
Criminal proceedings take place in the Elko County Criminal Courts. A list of the criminal courts are located here.
Arraignments in Elko County
During an arraignment in Elko County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Elko County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Elko County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Elko County Criminal Court Locations
-
Elko County District Court
Address: 571 Idaho Street, Elko, NV 89801
Phone: 775-753-4600 Fax: 775-753-4610 -
Carlin Justice Court
Address: 101 South 8th Street, PO Box 789, Carlin, NV 89822
Phone: 775-754-6321 Fax: 775-754-6893 -
Eastline Justice Court / West Wendover Municipal Court
Address: 1111 North Gene L. Jones Way, PO Box 2300, West Wendover, NV 89883
Phone: 775-664-2305 Fax: 775-664-2979 -
Elko Justice / Municipal Court
Address: 571 Idaho Street, PO Box 176, Elko, NV 89803
Phone: 775-738-8403 Fax: 775-738-8416 -
Jackpot Justice Court
Address: PO Box 229, Jackpot, NV 89825
Phone: 775-755-2456 Fax: 775-755-2455 -
Wells Justice Court
Address: 1510 Lake Avenue, PO Box 297, Wells, NV 89835
Phone: 775-752-3726 Fax: 775-752-3363 -
Carlin Municipal Court
Address: 101 South 8th Street, PO Box 789, Carlin, NV 89822
Phone: 775-754-6321 Fax: 775-754-6893 -
Eastline Justice Court / West Wendover Municipal Court
Address: 1111 North Gene L. Jones Way, PO Box 2300, West Wendover, NV 89883
Phone: 775-664-2305 Fax: 775-664-2979 -
Elko Justice / Municipal Court
Address: 571 Idaho Street, PO Box 176, Elko, NV 89803
Phone: 775-738-8403 Fax: 775-738-8416