3 Surprising Facts About Nevada Domestic Violence Laws
The argument seemed to come out of nowhere. Now the police are banging on your door because your spouse or partner has reported that you’ve violated Nevada domestic violence laws.
A trial could mean that you’ll lose your family, your job, and your reputation. It also means that you could lose your freedom. There doesn’t seem a way out.
You need help from an experienced attorney with expertise in cases of alleged domestic violence. The laws in Nevada are unique and require professional legal assistance.
How different are Nevada’s laws? Let’s look at three surprising facts about Nevada Domestic Violence Laws.
1. Your Accuser Can’t Drop the Charges
If you’re accused of domestic violence, you’re probably hoping that your accuser will change her mind and drop the charges. However, under Nevada law, they can’t do that.
No matter how sincerely the accuser feels about ending the investigation, they don’t have the authority to call off the legal process. Once an accusation of domestic violence is made, representatives of the Nevada legal system are required to pursue the case.
Investigators will gather the facts and present them to the prosecutor. The prosecutor will then decide whether there is sufficient evidence to go to trial.
For various reasons, your accuser may not want to go to trial, but they don’t have a choice. Your case will proceed to court even without your accuser’s cooperation. The court can order them to testify. If they refuse, they’ll face a charge of contempt of court, which could mean jail time.
As soon as someone accuses you of domestic violence, the entire State of Nevada’s legal system is prepared to pursue the case against you aggressively. Do you want to take on the State of Nevada single-handedly? Play it smart, and hire an experienced domestic violence attorney who can help you to avoid legal mistakes that could put you behind bars.
2. Traditional Plea Bargaining Isn’t Allowed
If the prosecutor decides that there is enough evidence to go to trial, what’s your next move? You could talk with the prosecutor and strike a plea deal for a lesser charge, right? Wrong.
Under Nevada law, there is no typical plea bargaining allowed in cases of domestic violence. The charges cannot be reduced because you’re willing to plead to a lesser offense. The prosecutor can only reduce your charges if they don’t have enough evidence to convict you on the original charge.
In other words, no matter how willing you are to plead guilty in exchange for a lesser charge, you can’t strike a deal with the prosecutor if they’re confident that they have the evidence to convict you.
You need a good defense attorney who will present facts that show the holes in the prosecution’s case. Sometimes those holes can be large enough to force the prosecutor to either lower the charges or even drop the entire case.
3. Domestic Violence Includes More Than a Physical Attack
It’s not uncommon for someone to be arrested on charges of domestic violence without even realizing that they committed an act of domestic violence. How can that happen?
Nevada classifies several actions that can form the basis for filing a charge of domestic violence. These actions include:
Destroying private property
Injuring or killing a livestock animal or a pet
As you can see, even if you didn’t physically assault someone there are a variety of acts that constitute domestic violence in Nevada.
Nevada Domestic Violence Laws Demand Legal Expertise
If you find yourself facing a domestic violence charge you stand to lose everything you value.
It’s important for you to have someone on your side with a thorough understanding of Nevada domestic violence laws for the best defense possible. Contact The Hill Firm for a FREE consultation. Call us at 702-848-5000 today!