A criminal case in Douglas County, whether the arrest was in Stateline, Minden, Gardnerville, or on the Douglas County side of Lake Tahoe, runs through one of three courts, and which one depends on two facts: where it happened and how the charge is graded. A misdemeanor stays in a justice court from start to finish. A felony starts in a justice court and is decided in the district court. The first court date, the deadlines, and even whether you can appear by video differ from one court to the next.
Douglas County is small enough that all of this happens in two buildings, one in Stateline and one in Minden. That makes the system simple to describe. It does not make the details any less important, because a missed deadline or a misread court date costs the same here as anywhere.
I’m Theodore FitzGerald, a criminal defense lawyer in Stateline. I work from one rule: the government has to follow the law at every step. In Douglas County that rule runs through three courts, and I hold the State to it in each of them.
The courts that hear criminal cases in Douglas County
The Tahoe Justice Court, at 175 Highway 50 in Stateline, describes its territory as the areas surrounding Lake Tahoe, from rural Carson City on Highway 28 to the casinos at Stateline and up to Daggett Summit atop Kingsbury Grade. An arrest at a Stateline casino, on Highway 50, or on Kingsbury Grade starts there. See Tahoe Justice Court — Stateline, Nevada.
The East Fork Justice Court, at 1038 Buckeye Road in Minden, covers the East Fork Township: the county outside the Lake Tahoe basin, including Minden, Gardnerville, Genoa, Johnson Lane, Indian Hills, Gardnerville Ranchos, Topaz Ranch Estates, and the Topaz Lake area. See East Fork Justice Court — Minden, Nevada.
The Ninth Judicial District Court. Nevada law makes Douglas County its own judicial district: “The County of Douglas constitutes the Ninth Judicial District.” The district court sits in the same Minden building as East Fork and hears every felony and gross misdemeanor in the county, along with appeals from both justice courts. See Ninth Judicial District Court — Douglas County, Nevada.
Two neighboring places are not in Douglas County. Incline Village and Crystal Bay, on the north shore, are in Washoe County, with the Incline Village–Crystal Bay Justice Court. South Lake Tahoe, across the state line, is in El Dorado County, California, and its cases are California cases in the El Dorado County Superior Court.
How a criminal case moves through Douglas County
Misdemeanors. Justice courts “have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.” A misdemeanor, such as a first or second DUI within seven years or a first domestic battery, is arraigned, litigated, tried, and sentenced in the justice court where it was filed. The default penalty is up to six months in county jail, a fine of up to $1,000, or both, unless the statute for the offense sets something different.
Gross misdemeanors and felonies. A justice court cannot try these, so it takes no plea. Unless the defendant waives it, the justice of the peace holds a preliminary hearing within 15 days, extended only for good cause. If the evidence shows probable cause that the offense was committed and that the defendant committed it, the defendant is held to answer in district court; otherwise the defendant is discharged. The prosecutor then files an information in the Ninth Judicial District Court within 15 days, and the case proceeds there through arraignment, motions, trial, or resolution. A gross misdemeanor carries up to 364 days in county jail and a $2,000 fine unless its statute says otherwise; a felony carries a prison range set by its category.
If you are in custody, a court has to hold a pretrial release hearing within 48 hours, in person or by video, and may impose bail or conditions only as the least restrictive means of protecting the community and securing your return to court.
Each stage of a case is explained on What Happens After an Arrest in Douglas County, Nevada. What to do in the first few days is on The First 72 Hours After a Nevada Arrest. For anyone who lives outside Nevada, see Arrested in Nevada, Living Somewhere Else and Handling a Nevada Criminal Case Without Living in Nevada.
Criminal charges filed in Douglas County
DUI. A first or second DUI within seven years is a misdemeanor with mandatory penalties a judge cannot waive, and the arrest also starts a separate license case at the DMV. See DUI defense in Stateline and Douglas County, Second and Third DUI in Nevada, and Nevada DMV License Revocation After a DUI Arrest.
Felony DUI. A third DUI within seven years and a DUI causing death or substantial bodily harm are category B felonies. See Felony DUI in Nevada.
Domestic violence. Nevada’s charge is battery constituting domestic violence; a first or second offense within seven years is a misdemeanor, and a third within seven years or a battery by strangulation is a felony. See Domestic violence charges.
Battery and assault. A battery that causes substantial bodily harm or is committed by strangulation is a category C felony, and one committed with a deadly weapon is a category B felony. See Battery and assault charges.
Drug charges. Outside Nevada’s adult cannabis rules, possession of a controlled substance is a felony even in small amounts, and Nevada has more than one way for a first possession case to end without a conviction. See Drug charges.
Theft, shoplifting, and burglary, including offenses at the casinos. See Theft and burglary charges.
Resisting or obstructing an officer. See Resisting or obstructing an officer.
Firearms charges. See Firearms charges.
Serious felonies, including sex offenses, child sex offenses, and homicide. See Serious Felony Charges.
Probation violations. See Probation violations.
Bail and release. See Bail and getting out of the Douglas County jail.
Defending a case in Douglas County
My office is on Kingsbury Grade in Stateline, and my practice is built around these three courts. The first conversation is about paperwork and dates: what you were given, which court the case is in, when the first date is, and, for a DUI, whether the officer served a DMV order and a temporary license. Those facts set the first week’s work.
Evidence requests go out at the start: reports, body-camera and dash-camera video, dispatch records, and test records, with preservation letters to any business whose cameras may have recorded what happened. On a felony, the preliminary hearing is prepared as the first chance to examine the State’s witnesses under oath. On a DUI, the DMV hearing is included in the case, not billed separately. Where a court allows a remote appearance, my office makes the Zoom arrangements and tells you in advance which dates need you in the courtroom.
If you are calling about a son or daughter, the person charged is the client, and the decisions in the case are theirs. How hiring works explains how a parent or other family member can pay for the defense.
Whichever court has your case, its dates are already set. Hire me now, and I’ll get to work: the evidence requests go out and your court dates go on my calendar. Call FitzGerald Law.