Citation or Arrest
Law enforcement officers will give you a citation or arrest you depending on the crime committed.
- If you’ve been charged with a crime by the state, sheriff, highway patrol or other government authority, it is considered a criminal case. Your first court date is usually an arraignment.
- If you have been issued a citation for a traffic or misdemeanor criminal offense, this serves as an official complaint.
Alternatively, a complaint may be filed by the District Attorney. Your first court date is usually an arraignment. - If you have been charged by another person or business entity and served due process, it is a civil case.
Misdemeanor vs. Felony
The severity of the charge determines whether it is a misdemeanor, gross misdemeanor, or felony. Each carries a different penalty if found guilty. In Nevada, all persons are considered innocent unless they admit to guilt or are proven guilty by trial in court.
- A misdemeanor is any crime where the maximum penalty at sentencing is a fine of $1,000 or less and/or a jail sentence of 6 months or less.
- A gross misdemeanor is any crime where the maximum penalty at sentencing is a fine of up to $2,000 and/or a jail sentence of 1 year or less in the county jail.
- A felony is any crime where the possible penalty could include incarceration in Nevada State Prison for a year or more.
If you don’t understand the charges against you, you may ask the judge at your hearing or consult with a lawyer.