Understanding the Legal Process in Domestic Violence Cases
The legal process for domestic violence cases in Nevada can be complex and emotionally charged. Understanding how a case proceeds from arrest to trial is critical for anyone facing charges or for those affected by such cases. The process is designed to ensure the safety of victims while providing the accused with a fair trial. In Las Vegas, domestic violence cases often move quickly, and having an experienced attorney like Josh Tomsheck, a national board-certified criminal trial lawyer, is essential to navigate the legal landscape.
Arrest and Detainment
When law enforcement is called to a domestic violence scene in Nevada, officers are typically required to make an arrest if they have probable cause to believe that violence has occurred. Nevada law mandates that individuals arrested for domestic violence be detained for a minimum of 12 hours before they can be released on bail. This mandatory detention is designed to prevent further harm and ensure that tensions have cooled before the accused is allowed to return home.
During the arrest, officers may also issue a Temporary Protective Order (TPO) to protect the alleged victim. Violating this order can result in additional criminal charges, even if the accused has not yet been convicted of the domestic violence charge.
Josh Tomsheck has handled thousands of domestic violence cases in Las Vegas and understands how to challenge improper arrests, violations of rights, and the evidence used to justify detainment. His experience as a former Chief Deputy District Attorney makes him well-equipped to identify weaknesses in the state's case against his clients.
Bail Hearing and Conditions of Release
Following the 12-hour mandatory hold, the accused will have the opportunity for a bail hearing. At this hearing, the judge will determine whether the accused can be released on bail and under what conditions. Conditions of release often include no-contact orders that prevent the accused from contacting or approaching the alleged victim. These conditions can have a significant impact on the accused's daily life, especially if they share a residence with the victim.
Bail amounts can vary depending on the severity of the alleged incident, the defendant's criminal history, and whether the accused is considered a flight risk. An experienced attorney like Josh Tomsheck can argue for reduced bail or less restrictive conditions to minimize the disruption to the accused's life during the legal process.
Arraignment
The arraignment is the first formal court appearance following an arrest, where the accused is formally presented with the charges and asked to enter a plea. Common pleas include guilty, not guilty, or no contest. The arraignment is also where the judge will typically set the next court date and may review or adjust the conditions of release.
During this stage, it is critical to have a defense attorney who understands the nuances of domestic violence law in Nevada. Josh Tomsheck works closely with his clients during the arraignment process, advising them on the best plea to enter and preparing a defense strategy tailored to the facts of the case.
Pre-Trial Negotiations
In many domestic violence cases, pre-trial negotiations are key to securing a favorable outcome. Josh Tomsheck is skilled in negotiating with prosecutors to reduce charges or reach a plea agreement that avoids the most severe penalties. Pre-trial motions may also be filed to suppress certain evidence or dismiss charges if there were procedural violations, such as unlawful arrests or violations of the defendant's constitutional rights.
A successful negotiation can lead to a resolution without going to trial, sparing the accused the uncertainty and expense of a lengthy court battle. In some cases, diversion programs may be available for first-time offenders, allowing the defendant to avoid a conviction by completing counseling, community service, and other court-ordered conditions.
Trial
If negotiations are unsuccessful or the defendant chooses to fight the charges, the case will proceed to trial. In a domestic violence trial, the state bears the burden of proving guilt beyond a reasonable doubt. The trial typically involves witness testimony, including the victim, law enforcement officers, and any experts called to support either the prosecution or defense.
With over 200 trials tried to verdict, Josh Tomsheck is a highly skilled trial attorney who excels at cross-examining witnesses, challenging the prosecution's evidence, and presenting a compelling defense on behalf of his clients. Whether the defense strategy is based on self-defense, lack of intent, or false allegations, Josh Tomsheck knows how to present a strong case that protects his client's rights.
Post-Trial and Sentencing
If the defendant is found guilty of domestic violence, the next phase is sentencing. Nevada law requires mandatory minimum sentences for domestic violence convictions, including jail time, fines, and mandatory counseling. In some cases, sentencing can also include the imposition of a permanent restraining order, loss of child custody, and loss of gun ownership rights under NRS 202.360.
However, a skilled attorney like Josh Tomsheck can argue for mitigating factors that may reduce the sentence, especially if this is the defendant's first offense or if there are extenuating circumstances. If the defendant is unhappy with the outcome, Josh Tomsheck can also advise on the possibility of appealing the conviction to a higher court.
Appeals Process
The appeals process allows for a review of the trial court's decision if legal errors were made that may have affected the outcome of the case. This could include improper jury instructions, the exclusion of important evidence, or issues with the way the law was applied. While an appeal cannot change the facts of the case, it can potentially result in a reversal of the conviction or a new trial.
Josh Tomsheck, having tried hundreds of cases, is experienced in both trial and appellate court proceedings. He understands how to identify legal errors and has successfully handled numerous appeals, giving his clients another chance to fight their domestic violence convictions.
Domestic Violence Case Process Can be Confusing - We Can Help!
The legal process for domestic violence charges in Nevada is structured, from the initial arrest and detainment to trial and possible appeals. Each stage presents its own challenges and opportunities for defense, making it essential to have experienced legal representation at every step. With penalties including jail time, fines, loss of firearm rights, and lasting consequences on employment and custody, navigating this process requires a skilled and knowledgeable attorney.
Josh Tomsheck, a national board-certified criminal trial lawyer, has the expertise to guide clients through every phase of a domestic violence case. Whether it's negotiating favorable outcomes during pre-trial discussions or aggressively defending his clients at trial, Josh Tomsheck's understanding of Nevada's domestic violence laws makes him the ideal choice for anyone facing these charges in the Las Vegas metropolitan area.
If you or a loved one is facing domestic violence charges, it's critical to seek legal counsel as soon as possible. Contact Hofland & Tomsheck today for a free consultation, and let Josh Tomsheck work with you to build a strong defense and protect your rights.
