Navigating the Nevada legal landscape requires a keen understanding of its statutes, particularly when it comes to court procedures. Among the myriad of laws, NRS 199.335 stands out for its importance to defendants across the state. Commonly referred to as the “Failure to Appear” law, it outlines the obligations and consequences for individuals who do not show up for their scheduled court appearances. Understanding this law is crucial, as non-compliance can lead to severe penalties, further complicating one’s legal situation.
What Constitutes ‘Failure to Appear’ in Nevada According to NRS 199.335?
This law comes into play the moment a person fails to attend a mandatory court date within their criminal case. Initially, this absence prompts the presiding judge to issue a bench warrant for the individual’s arrest. Should 30 days elapse with the individual still unaccounted for, an additional criminal charge, precisely termed ‘Failure to Appear,’ is levied against them.
The kinds of court hearings in Nevada’s criminal justice system that necessitate the defendant’s presence include:
1. Arraignment: The formal reading of a criminal charging document in the presence of the defendant to inform them of the charges against them.
2. Preliminary Hearing (in felony cases): A proceeding before the trial to determine whether there is enough evidence to charge the defendant.
3. Trial: The examination in a court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.
4. Entry of Plea: When a defendant responds to a charge brought by the government by pleading guilty, not guilty, or no contest.
5. Sentencing Hearing: A court proceeding where the sentence is imposed on an individual convicted of a crime.
Flexibility exists within Nevada’s legal system allowing for defendants, in certain situations, to forgo attending their arraignment among other specific court appearances, provided that their legal representation appears on their behalf. This provision underscores the vital role that legal counsel plays not just in defense but also in ensuring compliance with required procedural appearances.
What are the Legal Consequences and Penalties?
In Nevada, the penalties associated with failing to appear (FTA) in court can differ greatly. This variation is largely dependent on the criminal offense(s) you were originally apprehended or cited for. It is important to note that intentionally leaving Nevada to evade prosecution escalates the gravity of the FTA, automatically raising it to the status of a felony charge.
Here’s a detailed outline of penalties for FTA in Nevada based on the initial criminal charges:
Misdemeanors Only (no felonies or gross misdemeanors)
a. Up to 6 months in jail and/or
b. Fines not exceeding $1,000
At Least One Gross Misdemeanor (no known felonies)
a. A potential jail term of up to 364 days and/or
b. Fines amounting to no more than $2,000
At Least One Felony
Category D felony level punishment includes:
a. A prison sentence of 1 to 4 years in Nevada State Prison
b. Discretionary fines up to $5,000
If you abscond from Nevada with the intent of side-stepping prosecution, Nevada law then considers your FTA as a category D felony. Punishments can be a prison sentence ranging from 1 to 4 years alongside a maximum fine that could reach $5,000.
It’s worthy to note, however, that a judge may offer the option of completing community service if you’re financially incapable of settling the imposed fines. Understanding these various penalty implications is vital not only for those navigating the Nevada criminal justice system but also for anyone seeking to understand the serious nature of ‘Failure to Appear’ charges.
Does Failing to Appear for a Traffic Court Date Result in Losing Your License in Nevada?
In Nevada, not showing up for your scheduled traffic court date can indeed lead to suspension of your driver’s license. This action is usually enforced by the Nevada Department of Motor Vehicles (DMV) 31 days after the missed court appearance. However, there are specific conditions under which this drastic measure can be avoided:
a. If the judge decides to cancel your traffic citation;
b. If the judge confirms a payment arrangement with you;
c. Or, if you successfully request a DMV hearing to challenge the proposed license suspension.
Opting for a DMV hearing grants you the privilege to continue driving until the hearing’s resolution. Should the outcome result in a license suspension, you will find yourself in a position where you need to apply for license reinstatement following the suspension period. This process underscores the importance of attending scheduled traffic court dates or promptly addressing any inability to attend, to prevent the inconvenience and legal ramifications of a suspended driver’s license.
How Can You Challenge ‘Failure to Appear’ Charges?
Defending against a ‘Failure to Appear’ (FTA) charge, especially when accused of fleeing Nevada to dodge prosecution, involves a couple of primary defense strategies:
1. Proving Presence Within Nevada
You can refute the claim by demonstrating never leaving the state. Evidence such as the GPS records from your phone can substantiate your presence in Nevada during the time in question.
2. Lack of Evasion Intent
Arguing that you lacked any intent to evade the legal process can also serve as a defense. Mindset is a challenging aspect for the prosecution to definitively prove, potentially weakening their case against you.
In circumstances outside of the two main defenses, combatting FTA charges often hinges on the particulars of each individual case. If extenuating factors rendered your attendance in court unfeasible, the prosecution might be agreeable to dropping the FTA charges. Scenarios such as hospitalization without consciousness or military deployment overseas are examples of such compelling circumstances.
The key to successfully fighting FTA charges is to promptly and effectively communicate any valid reasons for non-appearance. Engaging with knowledgeable legal representation is also critical to navigate the specific requirements and opportunities to defend against these serious charges.
What to Do If You Have a Bench Warrant in Nevada?
If you’ve missed a mandatory court date in Nevada, it’s highly likely that the judge has issued a bench warrant for your arrest. This means law enforcement has the authority to detain you if you’re stopped for any reason. Here’s what you should do:
1. Contact a Defense Attorney: The first step is to get in touch with a Nevada criminal defense lawyer. They can assist you in filing a motion to quash (i.e., dismiss) the warrant. Acting quickly is crucial because if you wait more than 30 days, you could additionally be charged with Failure to Appear (FTA).
2. File a Motion to Quash the Bench Warrant: Your attorney will file a motion with the court to quash the bench warrant. Following this filing, the court usually schedules a hearing relatively soon, often within a week. However, until the court addresses and dismisses the bench warrant, it remains active. This means you need to be extra cautious to avoid any scenarios that could lead to police interaction, as they could arrest you on the spot upon discovering the warrant.
3. Attend the Scheduled Hearing: Your lawyer will inform you if your presence is required at the hearing. For cases involving only a misdemeanor and if you do not have a history of missing court dates, your lawyer might be able to represent you without your physical appearance.
Judges often grant motions to quash and will recall or cancel the bench warrant. This does not automatically resolve the original charge that led to the court date; it simply clears the warrant from your record.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
