Posted On: August 26, 2010 by Shouse Law Group

Reno Rape Suspect Arrested after 10 Years

A man has finally been arrested for a 2001 Reno rape case even though the police reportedly had sufficient evidence to suspect him back in 2005. The reason he wasn't charged earlier is because the rape occurred while the man was still a juvenile, and by the time the police were ready to make an arrest no court had jurisdiction over his matter. But last year's Senate Bill 235 remedied the situation, and Washoe County Court now has legal jurisdiction over this cold case. He faces a Nevada preliminary hearing later in August.

A Nevada preliminary hearing is a pretrial proceeding in felony cases. They're like mini-trials where the attorneys can present evidence and cross-examine witnesses, but unlike trials the state only needs to prove by marginal evidence that the state has sufficient reason to press charges. When the state wins a preliminary hearing, the case is then bound over to District Court.

A Nevada preliminary hearing may occur as early as two weeks after the initial arraignment, but more often than not the court schedules them for several months into the case. Prosecutors tend to offer their best plea bargain deals prior to the preliminary hearing, so it's usually in a defendant's best interest to take a plea early. However, sometimes a preliminary hearing brings to light exculpatory evidence that may help the defendant at trial and may serve as a bargaining chip to get a better plea bargain.

For more on this story, go to: http://www.rgj.com/article/20100822/NEWS01/8220354/1321/NEWS

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