Esmeralda County Criminal Court handles all criminal cases that are filed in Esmeralda County. See below for more information about criminal cases in Esmeralda County.
In a jury trial in Esmeralda County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
What happens in Esmeralda County at an arraignment?
In Esmeralda 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.
Esmeralda County Criminal Court locations
Criminal proceedings take place in the Esmeralda County Criminal Courts. A list of the criminal courts are located here.
Who can help me in Esmeralda County?
For general information about your case the Esmeralda County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
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.
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.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Esmeralda County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Prosecutor in Esmeralda County
In Esmeralda County, the prosecutor is an attorney representing Esmeralda County. In some cases, the prosecutor may actually represent Nevada. For the most part, the prosecutor in Esmeralda County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Required Court Appearances in Esmeralda County
Any required court appearances in Esmeralda 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.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Esmeralda County Criminal Court Locations
Esmeralda County District Court
Address: Mailing Address: PO Box 547, Goldfield, NV 89013
Phone: 775-485-6309 Fax: 775-485-6376
Esmeralda Justice Court
Address: 403 Crook Street, Goldfield, NV 89013
Phone: 775-485-6359 Fax: 775-485-3462