Arraignment in Nevada

In Nevada, felony cases ultimately go to trial in the state district courts, but that's not where they start. The initial arraignment for a felony arrest happens in a lower court first. In and around Las Vegas, depending on where the arrest occurred, that means:

• Las Vegas Justice Court
• North Las Vegas Justice Court
• Henderson Justice Court
• Boulder City Justice Court
• Other Clark County justice courts

Misdemeanor cases may stay in the justice or municipal court for their entire duration. Felony cases begin there and transfer to District Court after a preliminary hearing or grand jury indictment establishes that the case should proceed.

Each of these courts has its own local practices, and they move quickly. Expectations for how bail arguments are made differ from judge to judge and courtroom to courtroom, so your attorney should know which court and which judge you are in front of.

At arraignment, the court formally informs the defendant of the charges filed by the prosecution. This is often the first time the exact charges are spelled out: the specific statutes, the specific counts, and the specific allegations the prosecution is pursuing.

The defendant then enters a plea: not guilty, guilty, or no contest. In nearly every case, the right answer at initial arraignment is not guilty. The reason is simple: arraignment happens before the defense has seen the evidence. An attorney hasn't had time to review the police reports, the body camera footage, the witness statements, or anything else that determines whether the case is defensible, what the realistic outcomes are, and what the prosecution's actual position will be.

Pleading guilty at arraignment, before any of that work has been done, almost never produces a better outcome than waiting. There's no reward for speed at this stage and every reason to preserve options. A not guilty plea is entered, and then the real work of evaluating the case begins.

In practice, the bail decision carries more weight at arraignment than the plea. The plea is almost always not guilty. The bail amount determines whether the defendant walks out of the courthouse or goes back to a cell.

At arraignment, the court can:

• Release the defendant on their own recognizance (OR), with no bail required
• Set bail at a specific amount
• Order electronic monitoring or other release conditions
• Deny bail entirely in serious cases

Own recognizance release means the defendant promises to appear in court without putting up any money. It's available when the court finds the defendant is not a flight risk and not a danger to the community. Someone has to make the case for OR release: community ties, employment, no prior record, family obligations. Courts won't make this finding on their own.

When bail is set, the defendant can post the full amount in cash, or use a bail bondsman who charges a non-refundable percentage (typically 10–15%) in exchange for posting the full amount. The bail amount set at arraignment is not final. It can be argued down at a subsequent bail hearing if the initial amount is unaffordable.

In Nevada, an attorney can appear at arraignment on behalf of a defendant who is not in custody. For most misdemeanor and many felony arraignments, if you have retained counsel, you will not need to be present. Your attorney enters the not guilty plea on your behalf, addresses bail if relevant, and receives the next court date.

Many people charged with misdemeanors are working, caring for family, or otherwise cannot easily take time off to appear in court for a proceeding that will take ten minutes. Having an attorney appear for you means the initial arraignment gets handled without disrupting your life.

If you are in custody when arraigned, you will be present via video from the jail in most cases. An attorney who is physically in the courtroom, prepared to argue for your release or for reduced bail, is a different thing from a public defender who may be seeing your file for the first time at the podium. Call 702-990-0190 so Michael Mee can be there.

After the not guilty plea is entered, the case moves into the discovery phase, where the prosecution discloses the evidence it has. For felony charges, a preliminary hearing will be scheduled to determine whether sufficient evidence exists to hold the case for trial in District Court.

Most cases resolve before trial through plea negotiation, dismissal, or diversion. The arraignment starts the process. The outcome is decided in the weeks and months that follow: how the evidence is reviewed, what motions are filed, and how the defense is positioned.

Once your case resolves, you may be eligible to seal the record, which removes it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.