Criminal Department

775.353.7600

Hearing Types

Arraignment.  Sometimes called an initial appearance, this is where defendants who are accused of crimes are advised of the charges pending against them.  The defendant is not called on to enter a plea and is only required to acknowledge that he or she understands the charges against them.  In all felonies and gross misdemeanors and any misdemeanors that include a possible jail sentence, this is the point whether either the public defender is appointed or the accused is required to obtain counsel. 

Pretrial.  A scheduled meeting between the defendant and his attorney ( if he has one) and the Deputy District Attorney to discuss the possible resolution of the case without the need for a trial.  No witnesses are called and either the parties agree on a compromise, which is called a plea bargain, or the matter is set for trial.  Not every case has a pretrial hearing scheduled and there is no right to have one.

Trial.  A judicial examination to determine whether an accused is guilty or not guilty in a criminal matter or whether a defendant is liable for damages or other relief in a civil matter.  In Justice Court most trials happen solely before a judge with no jury.  Only certain civil matters are tried before juries at the party’s request.  The Justice Court only has jurisdiction to conduct criminal trials for misdemeanors, which include tickets and citations.

Preliminary Hearings.  A hearing before a judge to determine whether sufficient evidence exists to bind a criminal defendant over for trial in the District Court.  This applies to all gross misdemeanors and felonies.  A defendant will be bound over for trial if probable cause exists to believe that the defendant committed the crimes.  This is not a guilt determination so the State only has to produce a limited amount of evidence and does not need to prove its case beyond a reasonable doubt.  The right to a preliminary hearing can be waived and the matter sent directly to District Court.