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Even before a criminal trial begins, you have the option to file motions with the court. There are some objections and defenses which must be raised and motions filed before the official trial begins in order to preserve the right to make certain arguments. Courts can make decisions on pre-trial motions before the trial, unless the court decides to hold over the issue to be decided as a part of the general criminal proceedings.
When the court makes a decision on a pre-trial motion, the effect of the determination can affect what happens next in criminal proceedings. Defendants need to understand the implications of court decisions on motions they have filed and defendants need to be prepared to respond if the criminal case against them continues to move forward towards the trial phase. LV Criminal Defense is a Las Vegas law firm with strong legal skills and extensive experience aggressively representing clients during both the pre-trial phase and during their criminal trial. We can help you at every phase of your criminal case, so give our Las Vegas defense team a call right away.
Nevada Revised Statute section 174.145 provides details on the Effect of Determination, or the effect of a decision on a pre-trial motion. According to N.R.S. 174.145, when the court makes a decision that is adverse to the defendant, the defendant is subsequently given an opportunity to enter a plea if he has not done so already. If the defendant previously entered a plea, then the defendant’s plea will still stand. The pleas that a defendant can enter include not guilty, guilty, guilty but mentally ill, not guilty by reason of insanity, or nolo contendere.
N.R.S. 174.145 also explains what happens if a defendant submits a motion and the court grants the motion based on a defect in the institution of the prosecution or based on a defect in the indictment, information, or complaint. If the court agrees that there is a defect or problem, the court can order that the defendant be held in custody or that the defendant’s bail be continued for a certain period of time. The court could order this pending a new indictment, information, or complaint being filed. The prosecutor would then need to take action and move forward if the defect could be corrected and a new indictment, information, or complaint could be submitted in court pleadings.
Finally, N.R.S. 174.145 makes clear that none of the provisions detailing the effects of determination in response to a motion affect any statutes that relate to or impose periods of limitations.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
When you are indicted, when a complaint is filed or when an information is filed and you are facing criminal charges, knowing what your options are is essential. Building a strategic defense strategy starts with entering the right plea and submitting the right pre-trial motions. You also must be prepared to respond when a decision is made on those motions.
LV Criminal Defense is a skilled and experienced criminal law firm that represents clients facing all types of charges throughout Las Vegas and surrounding locations. Our legal team is ready to help you do everything you can to set yourself up to avoid a guilty verdict during the pre-trial period, as well as to represent you during the trial phase. Give us a call as soon as you find yourself facing accusations you have broken the law so we can provide you with the guidance you need to make strategic choices during the pre-trial phase and beyond.
Pleadings and Motions Before Trial- Defenses and Objections