The Nevada Waiver of Initial Appearance On Felony or Gross Misdemeanor Charges is a legal document used by defendants in criminal cases in Nevada. This document waives the defendant's right to a formal initial appearance in court and allows the case to proceed without the defendant being present. This waiver is commonly used when a defendant is charged with a felony or gross misdemeanor in the state of Nevada. There are two types of waivers available: a Waiver of Arraignment and a Waiver of Preliminary Hearing. The Waiver of Arraignment is used when the defendant does not wish to enter a plea and instead waives the right to a formal arraignment. This waiver allows the defendant to avoid appearing in court and have a plea of "not guilty" entered on their behalf. The Waiver of Preliminary Hearing is used when the defendant does not wish to challenge or contest the charges against them. This waiver allows the defendant to waive the right to a preliminary hearing and have the case proceed to a trial. By signing the Nevada Waiver of Initial Appearance On Felony or Gross Misdemeanor Charges, the defendant is agreeing to waive their right to a formal initial appearance and any proceedings associated with it. The waiver must be signed in the presence of a notary public and should be filed with the court before the case can move forward.
Nevada Waiver of Initial Appearance On Felony Or Gross Misdemeanor Charges
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FAQ
Individuals who are scheduled to appear in Initial Appearance Court are those who have not posted bail, or have not been administratively released on their own recognizance. Most individuals are scheduled for Initial Appearance Court within 12 - 24 hours of their arrest.
The initial appearance in front of a judge is called an arraignment.
Every crime which may be punished by death or by imprisonment in the state prison is a felony. 3. Every crime punishable by a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor. 4. Every other crime is a gross misdemeanor.
In felony cases, there is a preliminary hearing where witnesses testify before the judge who determines if there is sufficient evidence to support the charges and proceed to Superior court. It is a ?mini-trial,? with the same structure as a jury trial, but the burden of proof is lower.
The initial appearance before a U.S. Magistrate Judge is in most cases the defendant's first contact with the Court and usually is the point where pretrial release or detention is addressed.
The Preliminary Hearing You have the right to cross-examine witnesses and challenge the evidence. If the judge determines that there was no probable cause, your case should be dismissed. However, if they believe probable cause exists, your case will be sent to a district court.
What Is a First Appearance? First appearance, also known as a ?48-hour hearing,? ?magistration,? ?arraignment? or ?presentment,? is the initial court appearance for a defendant in a criminal case.
Gross misdemeanors include open or gross lewdness; indecent exposure; first or second offense stalking; false imprisonment; unlawful use of a hotel key; carrying a concealed weapon; crimes against government properties with damage from $250 to $5,000.