“Do I have to go back to Nevada for court?” has a three-part answer. Nevada law requires a defendant at the arraignment, the trial, and the sentencing. Around those three stages the law has exceptions, and most of them are decisions the judge makes case by case. Knowing which is which, for a case in Stateline or elsewhere in Douglas County, is what lets you plan the next few months instead of guessing at them.
The cost of guessing wrong runs in one direction. A trip you didn’t need costs a day. A date you thought was covered and wasn’t can cost a warrant, and on a DUI citation Nevada gives no grace period before one issues.
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. For someone who lives elsewhere, that also means knowing exactly which dates the law requires you here, and which it does not.
The rule: presence at arraignment, trial, and sentencing
Nevada’s presence statute is one sentence. “Except as otherwise provided in this title, the defendant must be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence.”
Three stages are named. Status conferences, motion hearings, and preliminary hearings are not. Everything else on this page is an exception to that sentence or a gap in it.
Misdemeanors: can my lawyer appear for me in Nevada?
Sometimes. On an offense punishable by a year or less, Nevada law lets the court proceed without you if you consent in writing, and a traffic citation can be answered by a lawyer’s appearance, but both are the judge’s decision, so treat them as something the court may allow, not something to plan around.
Felonies: which appearances require me in Nevada?
A felony is not punishable “by fine or by imprisonment for not more than 1 year,” so the written-consent rule does not reach it. You must be present at the district-court arraignment, at trial, and at sentencing. The exceptions are narrow:
- Closed-circuit television at arraignment. Presence “is not required at the arraignment or any preceding stage if the court has provided for the use of a closed-circuit television to facilitate communication between the court and the defendant.”
- Voluntary absence after trial begins. Outside capital cases, a defendant’s “voluntary absence after the trial has been commenced in the defendant’s presence must not prevent continuing the trial to and including the return of the verdict.” That is a reason to be there.
- In custody elsewhere at sentencing. A defendant who was present through the plea or verdict but is incarcerated in another jurisdiction at sentencing may waive presence. The waiver has to be made after consulting a Nevada-licensed lawyer, signed and notarized, signed by counsel, and accompanied by a waiver of extradition.
The preliminary hearing is different. A Douglas County felony usually starts in justice court, where the State has to show probable cause at a preliminary hearing. The Nevada Supreme Court has held that the presence statute “does not refer to a preliminary hearing,” and that justice courts “do not have authority to order the defendant’s personal appearance when the defendant files a waiver of personal appearance and retains counsel who appears on his behalf.” If neither of you appears, the court can issue a bench warrant, and the State can still subpoena you if it needs you for identification. Whether to attend when identity is in dispute is a strategic decision made with your lawyer. See Felony DUI in Nevada and Serious Felony Charges.
Can I appear by Zoom in a Douglas County court?
Sometimes, and only with the court’s approval. The law is narrower than most people expect.
Release hearings. If you are in custody, the 48-hour pretrial release hearing may be held “in open court or by means of remote communication,” which the statute defines as telephone or videoconferencing.
The Nevada Supreme Court’s rules. The court’s rules on audiovisual appearances in criminal cases are written in terms of witnesses, defined as “a party or other person testifying in the court proceeding.” They do not expressly address a defendant attending an arraignment, plea, or sentencing by video. In practice, remote appearance is a request each court decides.
Each court’s own procedure.
- Tahoe Justice Court says that “in most cases, you must appear in court personally,” and that a party who wants to appear by Zoom must file a written request.
- East Fork Justice Court requires a written request no later than 48 hours before the hearing, and until you have an approval order, “your appearance at the hearing in person is required and anticipated.”
- The Ninth Judicial District Court requires a formal written request and a signed order from the judge.
When a remote appearance is approved, treat it as a court appearance: a quiet room, a working camera and microphone, and dressed for court. A judge who has had good experiences with a defendant on video is more likely to approve the next request.
Can I complete a Nevada DUI sentence in California?
Much of it, if the sentencing order is written that way. Nevada law anticipates defendants who live elsewhere.
DUI school. For a defendant licensed in another state who does not live in Nevada, the court “shall” order either a course approved by an agency of the state where the person lives or a correspondence course approved by the Nevada DMV, each to be finished by a deadline in the order. A California resident can take the course in California. How that course fits with what the California DMV requires is on How a Nevada DUI Follows You Home to California.
Evaluation. Where an evaluation is required, the evaluation of someone who lives in another state “may, upon approval of the court, be conducted in the state where the offender resides,” and the offender has to make sure the results reach the Nevada court.
Victim impact panel. The court must order attendance at a live panel, in person, but “may, but is not required to,” order it “if one is not available within 60 miles of the defendant’s residence.”
Community service, counseling, fines, and jail. Whether hours or counseling completed at home will count is up to the sentencing order, so the order should say so. Proof of completion is filed on time, because a missed deadline creates a new problem. A sentence that includes jail can sometimes be served in segments; the rules differ by offense and are on the DUI charge pages.
Can my Nevada probation be transferred to California?
Possibly. A Nevada DUI conviction ordinarily does not carry probation at all: a person convicted of DUI “must not be released on probation,” with narrow exceptions. Other charges can end in probation, and the question then is whether supervision can move to where you live.
Nevada has adopted the Interstate Compact for Adult Offender Supervision, which governs moving probation across state lines. The Compact’s rules decide eligibility, so not every case qualifies, and the Compact states that “there is no right of any offender to live in another state.” If probation is a possible outcome, whether it can be supervised at home is part of weighing any offer. See Probation Violations in Nevada.
What happens if I miss my Nevada court date?
This is where people who live out of state get into the most avoidable trouble.
- On a traffic citation, it is unlawful to miss the date on the citation “regardless of the disposition of the charge,” and a warrant may issue. Most traffic defendants get a grace period of at least 30 calendar days first. A person cited for DUI or reckless driving does not.
- When your presence is required, an unexcused failure to appear on a misdemeanor, or any failure to appear on a gross misdemeanor or felony, requires the court to order a warrant “[n]ot later than 14 judicial days after the date on which the defendant failed to appear.”
- If you were released from custody, failing to appear is a separate crime unless you surrender within 30 days of the missed date. On a misdemeanor case it is a misdemeanor, or a category D felony if the person “left this State with the intent to avoid prosecution.” On a felony case it is a category D felony.
An authorized absence is not a missed date. In the preliminary-hearing case described above, where the defendant had filed a waiver of personal appearance and his lawyer appeared on time, the Nevada Supreme Court held that his absence “does not constitute a failure to appear.”
Can a Nevada warrant get me arrested in California?
It can. The FBI’s National Crime Information Center keeps a wanted-person file used by federal, state, local, and tribal agencies nationwide, and a warrant entered there can surface at a traffic stop in California, at an airport, or in a background check. Whether and how a state seeks your return is governed by extradition law, which Nevada has adopted in the Uniform Criminal Extradition Act, and it depends on the charge and the agency.
One point is specific and easy to miss. When you are released in Nevada, you sign a document stating that if you fail to appear “and [are] taken into custody outside of this State,” you waive “all rights relating to extradition proceedings.” The time to understand that clause is before you sign it.
Handling your Nevada case from home
The first conversation needs every piece of paper you were given (the citation, the booking and release documents, any DMV order and temporary license), your current mailing address and the address on your license, so nothing mailed to you goes to the wrong place, and your driving record for the past year, since it affects whether counsel can appear for you on a citation. It also needs your schedule for the next several months, so any required trip can be planned around, and every professional license, employer reporting rule, clearance, and commercial license you hold.
From there, my office handles the court’s side of the logistics. The Zoom requests are filed inside each court’s deadline and the connection details reach you before the hearing. Continuances are worked out with the District Attorney’s Office in writing. You are told in advance which dates the court will need you for in person. At sentencing, the request is built around where you live: a home-state course and evaluation, a panel near home where the law allows it, and an order that says what completed out of state will count.
If you have missed a date, or think you might have, call before doing anything else. A prompt explanation and a request to recall the warrant go better than waiting for the warrant to find you.
Hire me now, and I’ll get to work: the Zoom requests, the dates you need to be here, and a sentence planned around where you live. Call FitzGerald Law.