Judgment and Execution

Judgment & Execution Explained By Vegas Defense Attorney

After a criminal trial takes place, there are specific procedures which have to be followed to ensure a defendant’s sentence is carried out fairly. There are also procedures which take place if there were problems with the initial criminal proceedings and the judgment against the defendant must be overturned or a stay of judgment must be ordered.

The rules for what happens after a judgment against a defendant are found in Chapter 176 of Title 14 of the Nevada Code. Title 14 contains all of the different chapters of the Nevada Code which set forth the rules of criminal procedure. Chapter 175 establishes rules for a trial, while Chapter 176 establishes rules for judgment and execution after a trial.

These different rules of criminal procedure are very complicated, but you need to know them because technical knowledge could affect the outcome of your case profoundly. A Las Vegas criminal defense lawyer should understand these rules in detail and try to use every possible technicality to your advantage to help you avoid conviction or reduce penalties.

Nationally recognized criminal lawyers at LV Criminal Defense understand the Nevada laws on procedure in criminal cases and we incorporate our knowledge of these rules into building a comprehensive, substantive defense to the charges against you. Give us a call today to learn more.

What are Rules for Judgment and Execution in Nevada?

Due process does not end with conviction. Due process refers to the right not to be deprived of life or liberty without a formal legal procedure in place to make sure your rights are protected. In Nevada, Chapter 176 of the rules of criminal procedure sets forth many different rules for the procedures which take place after a judgment is rendered against a defendant. For example, this Chapter of the Nevada code establishes:

• An Advisory Commission on the Administration of Justice: The Commission studies elements of the state’s criminal justice system, makes sentencing recommendations, and evaluates the effectiveness and fiscal impact on sentencing policies in Nevada.
• Requirements for sentencing and judgment: Requirements include rules for preserving biological evidence; imposing requirements on sex offenders; making restitution; and the terms of imprisonment.
• The process by which the parole and probation departments do their work: The rules establish when parole and probation officers conduct investigations and how reports by parole and probation officers are to be made.
• When a guilty plea can be withdrawn. This includes a plea of guilty, a plea of guilty but mentally ill, and a plea of nolo contendere (no contest).
• Rules for how a judgment is to be executed: These rules determine when and how fines must be paid and when and how a defendant is to be imprisoned in county jail or state prison.
• When a sentence if death must be suspended: Suspension may be required in cases of insanity or pregnancy.
• When a new trial can be granted: The rules dictate the time in which a motion for a new trial must be submitted and the grounds for a new trial.
• When an arrest of judgment must be granted. The rules establish when a motion to arrest a judgment must be filed, and what the effect of arresting a judgment is.

Defendants need to understand these different rules as early on as possible during the criminal trial process so they will know what to expect if a judgment of guilty is entered against them. Only by knowing what could happen during the post-conviction phase can defendants make informed choices on how to plead and on what their trial strategy should be.

Once convicted, it becomes especially important to understand the rules in order to make sure your rights are respected and to take advantage of any available opportunities to potentially reverse the judgment against you, to find opportunities for a new trial, and to find ways to minimize the penalties faced.

Rules for Carrying Out Sentencing

While all of the rules in the Nevada chapter on Judgment and Execution are very important, it is especially essential for defendants to understand how a judgment and sentence will be carried out. This knowledge will help you to know exactly what is going to happen to you post conviction.

Those convicted of a sex crime, for example, will find rules for the sex offender registry within the Nevada chapter on judgment and execution. Being required to register as a sex offender can have a profound impact on your life, affecting your job opportunities, where you live, and where you are allowed to spend your time. This is especially true if your conviction order included in sentencing specifies a special sentence of lifetime supervision. Your attorney can assist you in petitioning for release from lifetime supervision in order to try to mitigate the profound impact that this sentence can have on your future.

Las Vegas criminal defense attorneys will also help you to understand the rules for the execution of the judgment against you. For example, if you must pay fines, make restitution, report to serve your term of imprisonment, or fulfill certain conditions of probation or parole, your attorney can help you to understand what is required of you. Failing to comply with the terms of a sentence or failing to follow the rules during parole or probation can result in additional serious consequences being imposed. You want to ensure you do everything possible to avoid any further penalty after a conviction.

Getting Help from a Las Vegas Criminal Defense Lawyer

At LV Criminal defense, our experienced legal team works very hard to try to help defendants avoid getting to the sentencing phase and instead to get charges dropped or to be acquitted. Unfortunately, sometimes defendants are convicted of criminal offenses or pleading guilty becomes the best option for defendants.

When a judgment of guilty is entered, you need to make sure you understand every detail about what happens next so you can best protect your future.

We are ready to help. Give us a call today to speak with a Las Vegas criminal defense lawyer with extensive knowledge of the post-conviction process.