What Happens When Someone Presses Charges Against You?

Facing criminal charges in Nevada can be a daunting experience, thrusting you into a complex legal system with significant consequences. When someone presses charges, it means you’re accused of a crime, triggering a process involving police, prosecutors, and courts. Understanding each step — from the initial complaint to a potential trial or appeal — is critical to protecting your rights. Early legal representation can make a significant difference in navigating this process and building a defense. At Lipp Law LLC, our experienced Las Vegas criminal defense attorneys guide clients through every stage, offering expert advice and advocacy. This article outlines what happens when charges are pressed and the steps you should take.

The Initial Complaint and Police Investigation

The process begins when someone files a complaint with law enforcement, often by calling the police or submitting a formal report. This could stem from incidents like assault, theft, DUI, or property damage. Police investigate by collecting evidence, interviewing witnesses, and compiling a report. The investigation’s scope depends on the alleged crime’s severity—minor offenses like vandalism may involve less scrutiny than felonies like battery with a deadly weapon. If sufficient evidence exists, the case moves forward, potentially leading to an arrest or further review by the district attorney’s office.

The Arrest and Booking Process

If the investigation finds probable cause, police may arrest you immediately or obtain an arrest warrant under NRS 171.106, authorizing your detention. During the arrest, officers must inform you of your Miranda rights, including the right to remain silent and to an attorney, as required by NRS 171.178. You’ll be taken to a police station for booking, where your personal information, fingerprints, and photo are recorded. You may remain in custody until a bail hearing or release, depending on the offense and circumstances. Contacting an attorney immediately is crucial to challenge the arrest’s validity or prepare for the next steps.

The Role of the Prosecutor and Filing Charges

The district attorney reviews the police report and evidence to decide whether to file formal charges. This decision hinges on the evidence’s strength, the crime’s severity, and your criminal history. Under NRS 178.484, the prosecutor determines if there’s sufficient evidence to pursue a misdemeanor (e.g., petty theft) or felony (e.g., robbery). They may offer a plea deal for lesser offenses or proceed to court for serious crimes. If charges are filed, you’ll receive a summons or notice to appear, marking the start of formal prosecution. An attorney can negotiate with the prosecutor to reduce charges or explore dismissal options.

Your First Court Appearance: Arraignment

The arraignment is your first court appearance, where you’re formally notified of the charges and enter a plea—guilty, not guilty, or no contest. Held soon after arrest or summons, this hearing also addresses bail under NRS 178.484, determining whether you can be released pending trial. Pleading not guilty allows your attorney to challenge evidence, file motions, or negotiate plea deals during the pre-trial phase. An experienced lawyer from Lipp Law LLC can advise on the best plea and strategize to protect your interests, ensuring you understand potential outcomes.

Building Your Defense

A strong defense is critical to counter the prosecution’s case. Your attorney will:

• Analyze Evidence: Review police reports, witness statements, or physical evidence for inconsistencies.
• Explore Defenses: Argue lack of intent, mistaken identity, self-defense, or insufficient evidence.
• File Motions: Seek to suppress improperly obtained evidence or dismiss charges due to procedural errors.
• Negotiate Pleas: Work with prosecutors to reduce charges or penalties, especially for first-time or minor offenses.

Tailored strategies can weaken the prosecution’s case or lead to favorable resolutions before trial.

Trial and Courtroom Proceedings

If no plea deal is reached, your case proceeds to trial, where a judge or jury evaluates evidence. The prosecution must prove guilt beyond a reasonable doubt, presenting witnesses and evidence. Your attorney counters by challenging credibility, introducing defense witnesses, or highlighting gaps in the case. Trials for misdemeanors are typically simpler, while those for felonies involve more complex proceedings. If convicted, sentencing follows, with penalties such as fines, probation, community service, or imprisonment, depending on the crime’s severity and your history. Lipp Law LLC’s attorneys provide vigorous representation to seek acquittal or minimize penalties.

Post-Trial Options: Appeals and Expungement

A guilty verdict isn’t the end. You can:

• Appeal: Challenge the conviction or sentence if legal errors occurred, such as improper evidence admission or judicial mistakes. Appeals must be filed within 30 days in Nevada.
• Expungement/Sealing: For certain convictions, you may petition to seal your record after a waiting period (e.g., 1–5 years for misdemeanors, 5–10 years for felonies, per NRS 179.245). Sealing removes the conviction from public view, aiding employment and housing prospects.

An attorney can assess eligibility and guide you through these processes.

Why You Need a Criminal Defense Attorney

Navigating criminal charges requires expertise. A skilled attorney:

• Protects your rights during investigations and arrests.
• Builds a tailored defense to challenge evidence or negotiate pleas.
• Represents you in court, ensuring fair treatment.
• Advises on post-trial options, such as appeals or record sealing.

At Lipp Law LLC, our Las Vegas criminal defense team offers comprehensive support, from initial consultation to trial or appeal, to achieve the best possible outcome.

Conclusion: Take Immediate Action to Protect Your Future

When someone presses charges, swift action is essential. The legal process—from investigation to trial—can be complex and have lasting impacts on your life. Understanding your rights and securing experienced representation are critical steps. At Lipp Law LLC, our dedicated attorneys in Las Vegas provide expert guidance for misdemeanor or felony charges, helping you navigate the system and protect your future.

Contact Lipp Law LLC today for a free consultation to discuss your case and start building your defense. Our team is committed to providing professional, compassionate advocacy to safeguard your rights.