Explanation of Nevada’s Legal Process for Sex Crimes

At Hofland and Tomsheck, we understand that being accused of a sex crime is a deeply unsettling and overwhelming experience. The legal process that follows such accusations can feel confusing, complex, and intimidating. However, having a thorough understanding of the legal steps can help you feel more prepared for what lies ahead. Led by Josh Tomsheck, a National Board Certified Criminal Lawyer, our firm will be by your side throughout every phase of the legal process, ensuring your rights are protected and your defense is carefully and strategically constructed.

1. Investigation

The legal process typically begins with a thorough investigation into the alleged offense. During this phase, law enforcement officials will work to gather as much information and evidence as possible. This investigation is crucial as it forms the foundation for the prosecution’s case. Key elements of the investigation include:

• Witness Interviews: Law enforcement will interview the alleged victim and any potential witnesses. In some cases, the accused may also be interviewed, though it’s essential to consult an attorney before speaking with the police. These interviews are critical as they shape the narrative that the prosecution will use in court.
• Collection of Physical Evidence: In cases of sexual assault or lewdness, physical evidence such as DNA, clothing, or results from medical examinations may be collected. Proper handling and preservation of this evidence are crucial to the prosecution’s case. However, any errors in the collection process or chain of custody can be challenged by the defense.
• Digital Forensics: In cases involving internet-related sex crimes, such as child pornography or solicitation of minors, law enforcement may seize electronic devices for examination. The legality of how this digital evidence is obtained is critical, as improper methods of collection can result in evidence being suppressed.

Throughout this investigative phase, Josh Tomsheck works closely with clients to ensure that their rights are protected. By having an experienced attorney involved early on, you can prevent unlawful evidence collection and ensure that all interactions with law enforcement are handled appropriately. This early intervention can also help establish a strong defense strategy before charges are formally filed.

2. Arrest

If law enforcement believes they have gathered sufficient evidence, they may seek to issue an arrest warrant. Arrests can happen at the scene of the alleged crime or following the investigation’s conclusion.

When arrested, it’s crucial to remain calm and immediately request legal representation. Do not provide any statements to law enforcement without your attorney present. Josh Tomsheck will ensure that your rights are safeguarded throughout the arrest process and will work to secure reasonable bail or release terms while preparing for the next steps in your defense.

3. Initial Hearing

The initial hearing, also known as the arraignment, is the first formal step in the court process. During this hearing, the charges against you will be formally read in court, and you will have the opportunity to enter a plea—guilty, not guilty, or no contest.

The judge will also decide whether bail will be granted or if you will remain in custody until your trial. Having a skilled attorney like Josh Tomsheck argue for your release can make all the difference. During this phase, Josh will also begin developing your defense strategy. Whether the goal is to prepare for trial or explore plea negotiations, this early planning is essential to a strong defense.

4. Pre-Trial Motions

Before the case proceeds to trial, several pre-trial motions may be filed by your defense team. These motions can address critical legal issues and have the potential to shape the outcome of your case. Common pre-trial motions include:

• Motion to Suppress Evidence: If any evidence was gathered unlawfully—such as through an illegal search or seizure—your defense team may file a motion to suppress that evidence. Without key evidence, the prosecution’s case may be significantly weakened, which could lead to reduced charges or even a dismissal.
• Motion to Dismiss: If the prosecution’s evidence is insufficient or improperly obtained, we may file a motion to dismiss the charges entirely. This motion can prevent the case from moving forward to trial, saving you the stress and uncertainty of a lengthy court process.

With Josh Tomsheck’s meticulous attention to detail and deep knowledge of Nevada law, all possible defenses will be explored during this pre-trial phase, increasing your chances of a favorable outcome.

5. Plea Bargaining

In some instances, it may be in your best interest to negotiate a plea deal with the prosecution. A plea bargain involves agreeing to plead guilty to a lesser charge in exchange for reduced penalties.

Josh Tomsheck is highly skilled at negotiating favorable plea agreements when necessary. If the evidence against you is particularly strong and a conviction seems likely, a plea bargain can help minimize the impact on your life, reducing both the severity of the charge and the length of the sentence. However, if there is sufficient evidence to build a solid defense, Josh will advise against a plea deal and instead prepare for trial.

6. Trial

If your case proceeds to trial, the prosecution will bear the burden of proving beyond a reasonable doubt that you committed the crime. Both the defense and prosecution will present evidence, call witnesses, and make arguments before either a judge or a jury.

As a National Board Certified Criminal Lawyer and certified specialist in criminal law, Josh Tomsheck is highly experienced in developing strong trial strategies. He will challenge the prosecution’s evidence, cross-examine witnesses to expose inconsistencies, and present compelling arguments to support your innocence. Given that sex crime trials are often emotionally charged, having a knowledgeable and steady advocate on your side can make all the difference in the outcome.

7. Sentencing

If you are convicted, the next step in the process is sentencing. The judge will impose a sentence based on Nevada’s sentencing guidelines for sex crimes, which may include prison time, fines, probation, and mandatory registration as a sex offender.

During the sentencing phase, Josh Tomsheck will advocate for the most lenient sentence possible. He will present any mitigating factors, such as your background, lack of criminal history, or any circumstances that may justify reduced penalties. His goal is to achieve the best possible outcome for you, even in the event of a conviction.

Navigating the legal process for sex crime charges in Nevada can be overwhelming and stressful. However, with the experienced and dedicated representation of Josh Tomsheck and the legal team at Hofland and Tomsheck, you can feel confident that your case is in capable hands. From the initial investigation to trial and sentencing, our firm is committed to protecting your rights and ensuring that you receive a fair and just outcome.

If you or a loved one has been accused of a sex crime in Nevada, contact Hofland and Tomsheck today for a confidential consultation. We will discuss the specifics of your case, explain your legal options, and begin crafting a defense strategy tailored to your unique situation.