Legal Question in Criminal Law in Nevada

Domestic violence

We have a relative who was just charged with murder and is being held at the Jail. She says she has not been arraigned, but it has been 5 days. Shouldn't she be able to have a lawyer by now? The family is confused and no one can give us any answers. She shot and killed her abusing boyfriend. She is being Held in Henderson NV, could this be why there seems to be a delay? I guess we are all egger to get her lawyer involved so we can be clear on what to expect. There are two children involved.

Asked on 11/08/07, 5:20 pm

2 Answers from Attorneys

Joseph Scalia Joseph A. Scalia & Associates

Re: Domestic violence

Jail status- As a general rule she will be held for 48 hours for a probable cause hearing (This is quick review to determine whether the arrest was lawful) and an initial bail is set at that time (On a murder charge she will probably be held without bail) The matter is then set for an arraignment (Time to enter a Not guilty plea) and a bail review. At that time she will be appointed a public defender or the matter can be continued if her family can hire a private attorney-

Once the plea is entered, the attorney will have to file a written request that bail be set or reduced- the amount will be determined by the nature of the charges, her criminal history and her connections to the community-

Once bail is set and she posts, a Preliminary hearing will be set - if bail is denied or she can't post- her preliminary hearing will be set within 15 days. An experienced Defense attorney will probably have to move the preliminary hearing so that an investigation can be conducted prior to the hearing-(For example the boyfriends violence/drug use, neighbors who lived nearby etc)

As far as custudy of the minor children, that is a civil case- depending on the ages they will be picked up by Child Protectiv Services and placed with a responsible family member.

I am one of the few attorneys to ever win a murder trial is Las Vegas, but I don't think I have the time to handle it at this time. Be prepared for a long battle if she intends to use a battered spouse as a defense.

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Answered on 11/08/07, 6:05 pm

Terry A. Nelson Nelson & Lawless

Re: Domestic violence

You should be posting to Nevada attorneys, not California.

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Answered on 11/08/07, 7:44 pm

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