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Victim & Witness Services

About

Overview

You are not alone. Victims and witnesses are encouraged to speak with a Victim Witness Advocate. An advocate will listen to your concerns and be available throughout the court process. The advocate may also provide necessary referrals, answer questions, communicate your concerns with the prosecutor and accompany a victim or a witness to court.

Contact

Victim Witness Program

100 E. Clark Ave,
Las Vegas, NV 89101

We are located in the Las Vegas Municipal Courthouse. For driving/walking directions, click "directions" on the map below.

Hours: Monday – Thursday: 7 a.m. – 5 p.m., Friday - Sunday: Closed

Phone: 702-229-2525

Email: LVCAVW@lasvegasnevada.gov

 

 

Court Process

Overview

If you have been the victim of a misdemeanor crime in the city of Las Vegas, the case will be submitted by the investigating law enforcement agency to the Criminal Division of the Las Vegas City Attorney's Office. The case will be reviewed by a prosecutor. If the case is approved for prosecution, there may be several court dates before the case goes to trial.

Arraignment

A person facing criminal charges is called a defendant. When a criminal complaint has been filed, the defendant must appear in court. The defendant is informed of the charges and must enter a plea of guilty, not guilty or no-contest (nolo contendere). This is the first appearance in the criminal prosecution of the defendant.

Pretrial Conference

The defendant may appear with his/her attorney. At the pretrial conference, the prosecutor may extend a negotiated plea offer in exchange for a guilty or no-contest plea from the defendant. The offer and recommendations will be based upon the seriousness of the crime, the defendant’s prior history, and input received from the witnesses including the victim. Any plea offer is determined by the prosecutor.

The defense attorney will inform the defendant of the plea-agreement offer from the prosecutor. The defendant may accept the plea- agreement offer at the pretrial conference and change his/her plea to guilty or no-contest. If the defendant rejects the prosecutor’s offer at the pretrial conference, the case will be set for a trial.

It is important for you to know that, while you have a right to attend the arraignment and pretrial conference, you are not required to attend either of the hearings.

If the defendant accepts the plea-agreement offer at either the arraignment or pretrial conference, there will not be a trial. You will not receive a subpoena. You will not need to testify in court, but you have the right to address the judge prior to the defendant being sentenced. If you would like to be heard by the court at the defendant's sentencing hearing, you must notify the Victim Witness Program at 702-229-2525 as soon as possible. Sentencing is always within the discretion of the judge.

Trial

Once the trial date is set, the victim and other witnesses will receive subpoena to testify in court. A defendant is presumed innocent until the prosecution proves guilt beyond a reasonable doubt. This is the highest burden of proof in the legal system.

The prosecutor will present evidence to prove that the defendant committed the alleged crime. This evidence may include the testimony of the victim and independent witnesses including law-enforcement officers as well as photographs, medical records and 911 recordings.

The defendant may present testimony and evidence also. The defendant, however, is not required to present evidence to prove that they are innocent. The judge or jury will hear the evidence and determine if the defendant is guilty or not guilty.

Sentencing

If the defendant is found guilty, the judge will decide the appropriate sentence within the guidelines established by the Nevada Revised Statutes. First and second offense Battery Constituting Domestic Violence and Driving Under the Influence are misdemeanor offenses in Nevada. Misdemeanors are punishable by up to a maximum of six months in jail and/or up to a $1,000 fine. If convicted, a defendant may be required to perform community service, pay fines and/or restitution, attend counseling and/or be incarcerated.

Domestic Violence

What is Battery Domestic Violence?

Domestic violence is a violent or aggressive confrontation that occurs between spouses, family members or between people in a dating relationship. Battery is defined as any willful and unlawful use of force or violence upon another person.

Domestic violence can occur between a father and daughter/son, mother and daughter/son, an adult child and an elderly parent, but it most often occurs between partners in an intimate relationship (married or not).

Other types of domestic violence crimes include threats to life, violations of protective orders, harassment, stalking, coercion and destruction to private property. Sometimes weapons are used, sometimes property is damaged, and in many relationships, the physical violence increases in frequency and level over time.

Why were charges filed?

If you are the victim in a case being prosecuted by the Las Vegas City Attorney's Office, the person who harmed you had a criminal complaint filed against him/her by the City Attorney for the following reasons:

  • The responding police officers believed that a crime was committed and prepared a police report. Nevada Revised Statute requires an arrest of the perpetrator within seven (7) days of a battery constituting domestic violence incident. That person must spend a minimum of 12 hours in jail before he/she can be released.
  • If the officers were not able to arrest the person who allegedly battered you, the police report is sent to the law enforcement detectives. A detective will review the report and evidence. If appropriate, the detective will then submit the report and evidence to the City Attorney's Office for possible prosecution.
  • The arrest packet or submitted paperwork is then reviewed by a Deputy City Attorney for charging consideration. If a complaint is filed, the Deputy City Attorney believes that sufficient evidence exists to charge the alleged perpetrator.

What can I do to drop charges?

While your wishes as the victim of domestic violence are important, you do not have the ability to “drop charges.”

You are not the person who files charges. The decision to file charges rests with the City Attorney’s Office. The City Attorney's Office is prohibited by policy and Nevada Revised Statutes from dismissal of charges unless the prosecutor is unable to prove the defendant's guilt beyond a reasonable doubt.

FAQs

Misdemeanor or felony, what’s the difference?

Generally, if the crime committed against you did not involve a weapon (such as a knife or gun) or your injuries did not result in serious bodily harm, then it is classified as a misdemeanor. Misdemeanors that occur within the city of Las Vegas are prosecuted by the Las Vegas City Attorney’s Office.

When is the next court hearing?

You will receive a letter in the mail with the case number. Please contact your victim advocate if you have not received this letter to confirm that your correct address is on file.

What is restitution?

Restitution is the act of restoring or making good for some injury or damage. This may include out-of-pocket expenses for medical bills or payment for property damage caused by the defendant. In order to make the prosecutor aware of the costs incurred, a victim must contact a victim witness advocate.

The advocate will need to be given a copy of the replacement/repair receipt(s) or estimates for the repair. If possible, you should forward photos of the damaged items to the advocate.

If you are seeking restitution for medical expenses, you must forward the medical bills and records to your victim witness advocate. Crime victims, who are physically injured and seek medical attention, may be eligible for assistance through the State of Nevada’s Victims of Crime Compensation Program.

If the Judge Orders restitution as part of a sentence, the defendant will make payment(s) directly to the Las Vegas Municipal Court, the payment will be processed by the Court and mailed directly to the victim.  If there are any changes to your contact information i.e. address, phone number or email please notify the Victim Witness Program at 702.229.2525.

CAO Restitution Requests
CAO Restitution Request Spanish

What if I have additional evidence?

Additional evidence can be reviewed by the City Attorney's Office, and in specific circumstances, be used in criminal proceedings. If you have additional evidence, please contact a victim witness advocate to find out how to submit the evidence.

What is a Victim Impact Statement?

As a victim of a crime, you have the right to make a statement to the judge before sentencing. The statement can include your views on the crime, the impact the crime has on you and if you have a need for restitution. The statement can be given orally or in writing. If you want to make a Victim Impact Statement in person, you must contact a victim witness advocate prior to the court date. In order to learn the next court date, please call the Victim Witness Program at 702.229.2525.

If you would like to write a Victim Impact Statement, you may email it to the Victim Witness Program (LVCAVW@lasvegasnevada.gov) or mail it to P.O. Box 3930, Las Vegas, NV 89127.

Victim Impact Statement Form 
Victim Impact Statement Form - Spanish

What are my rights as a victim? 

Victims' Bill of Rights 
Victims' Bill of Rights - Spanish

Workplace Victim Rights (Domestic Violence)
Workplace Victim Rights (Domestic Violence) - Spanish

I just received a subpoena, what happens now?

If you have received a subpoena, you must attend Court on the date specified and be on time, unless the matter is called off. Call the number on the subpoena 702.229.6213 the night before the court date to see if the matter is called off. If you do not hear the defendant’s name on the recording, you must appear as scheduled.

I have work scheduled the day of court; how should I let my employer know I have been issued a subpoena?

If you have received a subpoena to appear in court, you are legally required to attend. Inform your employer as soon as possible by providing a copy of the subpoena and explaining that your appearance is mandatory under the law. Most employers understand that subpoenas are court-ordered obligations and will accommodate your absence. If employers have questions, they may contact the number on the subpoena or the Victim Witness Program at 702.229.2525. 

What if I don’t have transportation to come to Court?

Advise the Investigator who served you with the subpoena of this issue.  Otherwise, you can contact the Victim Witness Advocates at 702.229.2525 to see if transportation can be arranged.

Is the subpoena mandatory?

Yes.  Failure to appear in Court after being served with a subpoena can have negative consequences. 

What should I bring to Court?

Generally, you just need to appear in Court with your subpoena.  If you have any additional evidence you want the prosecutor to review, please contact 702.229.6201 prior to the date on the subpoena.

What if the Defendant continues to contact and harass me?

Call the Victim Witness Advocates at 702.229.2525 and they can discuss getting a Stay Away Order issued from the Court.  They can also assist you with obtaining a protective order against the Defendant.

What if I’m being threated and am scared to come to Court?

If you are being threatened, please notify the advocate or the prosecuting attorney. If any crimes such as break-ins or further harm have been committed against you, please file a police report.

Once you are in Court, our office can keep you separated from the Defendant and in a different room while speaking with the prosecuting attorney to make sure you feel safe. There will also be a Court Marshal present to ensure that you feel safe while in the courtroom.

If the Defendant is found guilty, the Court can order the Defendant to stay away from you as part of the sentence. 

 

How do I find out who the prosecutor is?

Call the main line at 702.229.6201 with the Defendant’s name and case number.  The front desk can direct to you to the prosecutor handling the matter and/or a Victim Witness Advocate.

Will I be able to speak with the prosecutor before the trial?

Yes.  Once you appear in court, the prosecutor will meet with you to discuss the facts of the case, explain the trial process and discuss penalties against the Defendant.  If you want to talk to the prosecutor before the trial date, call the Victim Witness Advocates at 702.229.2525 and they can arrange a telephone call or in-person meeting.

Will the prosecutor consider what punishment I want the defendant to receive (i.e. jail time, probation, mental health counseling, alcohol abuse counseling, etc.)

The prosecutor will always take what you want into consideration, but it will be ultimately the decision of the prosecutor to determine what type of offer to make on the case and whether or not there is a mandatory penalty. Types of punishment can be a probation period, counseling sessions for anger, domestic violence, alcohol or drug abuse, fines, community service, and/or jail or prison time. As a victim of a crime, you have the right to make a statement to the judge before sentencing.  The statement can be in writing through a Victim Impact Statement or verbally at the time of sentencing. 

What if I have evidence that the police did not collect?

Please contact the Victim Witness Advocates at 702.229.2525 as soon as possible or tell the Investigator who served your subpoena.  You can bring it in on the day of trial, but the trial date may get continued to give the prosecutor and the defense attorney time to review the additional evidence.

What will happen in Court?

Once you check into the courtroom an attorney will speak with you as soon as there is a court break.

Will I need to testify?

If the case is negotiated you will not need to testify.  If the case goes forward with trial, you will have to testify.  The prosecutor will answer any questions you have about testifying on the day of trial.

Can I drop the charges?

In Nevada, a victim does not have the power to “drop” the charge. A criminal case involves a crime against the State of Nevada, not a particular victim. The prosecuting attorney represents the city of Las Vegas. Charges will be “dropped” only if the prosecuting attorney is convinced it is in the best interest of the city of Las Vegas to do so.

What if I am having financial problems or mental health issues and need help?

Please contact our Victim Witness Advocates at 702.229.2525 to discuss assistance programs.

What if I can’t make Court that day?

Let the Investigator who is serving you with the subpoena know the reason you are unable to attend Court.  The prosecuting attorney might be able to change the trial date with advanced notice.

How do I get a restraining order or TPO against my abuser?

Contact the Victim Witness Advocates at 702.229.2525 to assist with obtaining a restraining order against your abuser.

What if I move or change my phone number?

Please let our office know of your new address and/or phone number so that we can keep you updated on the case status.

The Defendant broke my property or caused medical bills; can I get that money back?

The prosecutor can ask for reimbursement for some property damage expenses and/or medical bills.  Please contact the Victim Witness Advocates at 702.229.2525 to assist with a restitution request with supporting receipts.

 

Resources

Domestic Violence/Stalking/Abuse

SafeNest - 702.646.4981

SafeNest maintains a confidential domestic violence shelter in Las Vegas; operates a 24-hour crisis hotline (which is the sole access point of emergency protection orders in Clark County) and a text-to-chat line; provides individual and group counseling; maintains victim advocates in the justice and law enforcement systems; and provides domestic violence education, prevention and training programs within the Clark County community.

S.A.F.E House - 702.451.4203

S.A.F.E. House is a community based non-profit organization committed to stop abuse in the family environment by providing a comprehensive approach to end domestic violence that includes crisis intervention, safe shelter, counseling, advocacy and community education.

Child Abuse Hotline 702.399.0081

The Child Abuse and Neglect Hotline takes reports of physical abuse, sexual abuse, mental Injury and neglect. When you report child abuse or neglect, your name is confidential and can never be disclosed. Reports can also be made anonymously. 

The Shade Tree -  702.385.0072

The Shade Tree Organization provides safe shelter to homeless and abused women and children in crisis. 

Rape Crisis Center - 702.385.2153

Offers crisis advocacy support for victims of sexual assault and/or abuse. In addition, it offers long-term advocacy, court accompaniment and a counseling center that serves all victims of sexual assault and abuse. Currently, the center serves all of Clark County.

National Domestic Violence Hotline -  800.799.7233 

The hotline provides lifesaving tools and support to empower victims and survivors to find safety and live free of abuse. The hotline also provides support to friends and family members who are concerned about a loved one. 

Legal/Protection Orders

Clark County Family Law Self-Help Center - 702.455.1500

The center's mission is to increase informed access to the legal system by providing education, information, legal forms, community referrals, and other support services to self-represented parties with family law matters in Clark County, regardless of income, assets or citizenship.

Family Violence Intervention Program (Protection Orders) - 702.455.3400

The Eighth Judicial District Court in Nevada provides information on protection orders. A protection order is a court order that requires someone to stay away from you because of domestic violence or other kinds of behaviors. There are different protection orders available through different courts in Clark County.

Harassment/Stalking Orders - 702.671.3376

These orders are issued by Justice Court. If you want to apply for a stalking/harassment order against a neighbor, co-worker, or someone you don't have a domestic relationship with, you must go to the Justice Court, Stalking/Harassment Section, in the township where you reside. The office for Las Vegas is located at the Regional Justice Center, 200 E. Lewis Ave., 2nd Floor. Once the order has been granted, it is forwarded for service by the court, provided that there is an address with which to serve the person in Clark County.

Civil Law Self-Help Center – 702.671.3976 

The Civil Law Self-Help Center's mission is to increase informed access to the legal system by providing education, information, legal forms, community referrals, and other support services to self-represented parties with civil matters in Clark County regardless of income, assets or citizenship.  

Legal Aid of Southern Nevada - 702.386.1070

Legal Aid Center of Southern Nevada is a private, non-profit 501(c)(3) corporation dedicated to providing free community legal services to those in need.

General Resources

V.I.N.E (VineLink) - 888.268.8463

VINE (Victims Information and Notification Everyday) is a free, secure, and confidential means to access in-custody/jail status and criminal case information. You must register for notifications to stay informed.

Victims of Crime Program - 702.486.2740

The Nevada Victims of Crime Program is dedicated to providing financial assistance to victims of violent crimes that occur in Nevada. 

Las Vegas Metropolitan Police Department - Victim Services - 702.828.2955

It is the mission of the Victim Services Detail to help victims of crime by providing crisis intervention, support, referrals, and encouraging safety practices to reduce the likelihood of future victimization.

HELP of Southern Nevada - 702.369.4357

HELP of Southern Nevada offers a variety of programs and services to help individuals and families increase their self-sufficiency and become less dependent on government assistance.

Salvation Army – 702.870.4430
The Salvation Army provides services to those in need. It operates 16 facilities and more than 20 programs and services throughout southern Nevada.

Westcare Nevada Inc  - 702.385.3330

WestCare offers a variety of services, including substance abuse, mental health, homelessness and domestic violence/sexual assault services.

Mental Health/Counseling

Support Services

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