Fernley Municipal Court
The Fernley Municipal Court hears misdemeanor traffic and criminal cases. Following is helpful information regarding the functions of the Court*:
· Arraignments
· Reviews & Sentencing
· Payments
· Motions
· Continuances
· Failure to Appear (FTA)
· Bench Warrants
· Forms
YOUR DAY IN COURT
This information is designed to give a general overview of trial procedures for persons representing themselves in the Fernley Municipal Court. It will help you in presenting your case in an orderly manner. It is not intended to provide you with legal advice. Remember, it may be advisable to retain an attorney to represent you.
At the Defendant's request, the Court Clerk will issue subpoenas to ensure the appearance of witnesses and/or the production of evidence on behalf of the Defendant.
ARRAIGNMENTS
An arraignment is held to make sure that you understand any charges which have been brought against you; it is also to ensure you understand any fines, penalties or procedures that may incur from that point forward. Arraignments are heard on Tuesdays from 9:00am until Court is adjourned.
You must be signed in before 9:00am or you will not be allowed to attend Court for that day.
Pleas: At an arraignment hearing you will be allowed to enter one of three pleas. You may enter a GUILTY plea, which relays to the Court that yes, you did what is stated and you will take whatever fine or penalty is assessed. Or you may enter a NOT GUILTY plea. If you enter a NOT GUILTY plea, the Court will set the matter for trial. You may be represented by an attorney. If you cannot afford one and you need an attorney, the Court may appoint counsel to represent you. A third plea, other than GUILTY or NOT GUILTY, is one of NO CONTEST. A NO CONTEST plea is still basically an admission of guilt; however, it does allow you to explain the circumstances involved in your particular case prior to any fine or penalty being imposed. It may also remove some civil liability should there be a suit incurred over your citation.
SHOW CAUSE
If you are served with or mailed a Show Cause Order, you must appear before the Judge on the date stated in the show cause order. At that time, be prepared to explain to the Judge why you could not obey the order, such as appearing in court on your scheduled date, as an example.
PRE-TRIAL
The Pretrial Conference hearing typically takes place 30-45 days after your arraignment. It is not the actual trial, but you will be in a courtroom in front of a judge. It is an important part of the trial proceedings because at the Pretrial Conference the Judge will give you your trial date if an agreement is not made between you as the defendent and the City Prosecutor. At the Pretrial Conference, the City Prosecutor MAY give you another chance to accept a plea offer.
TRIAL
All trials in the Municipal Court are bench trials; that is, the Judge alone hears evidence adn decides the case. There is no jury.
REVIEWS & SENTENCING
On Thursdays, reviews, sentencing and show causes begin at 9:30am.
Pre-trials are scheduled for 11:00am and trials are held at 1:30pm.
PAYMENTS
Payment Methods
In Person: Payments can be made in person at the Fernley Municipal Court from 8:00 a.m. to 5:00 p.m. Monday through Friday. In-person payments include cash, check, money order, Visa and Master card (including ATM and debit cards). For your convenience during non-business hours, a payment drop box is located at the front of the building on Silver Lace Blvd. You may pay with check or money order. DO NOT PUT CASH IN THE DROP BOX. For proper credit to your account, please include your case or citation number when making a payment in the drop box.
By Mail: For payments sent through the mail, only checks or money orders are accepted. To ensure timely delivery, please mail payments early as we do not accept postmark dates as due dates. For proper credit to your account, please include your case or citation number when mailing a payment.
By Phone: Payments can be made over the phone with a credit card from 8:00 a.m. to 5:00 p.m. Please call (775) 784.9870, or (775) 784.9931.
Western Union: We also accept wire transfers through Western Union. To pay by credit card by phone, call 1-800-634-3422 and choose option 2. You may charge to Master Card, Visa, or Discover using this option. To pay online with a credit card visit www.westernunion.com. You may pay with Master Card or Visa using this option. To locate your nearest Western Union agent, call 1-800-325-6000 and choose option 2. Only cash or money orders are accepted at agent stations. Payments by phone cannot be made directly to the court.
Payment Arrangements
All fines are due and payable the day of sentencing. The Fernley Municipal Court will grant time payment requests on fines due the Court as approved by the Judge. If time payments are granted, failure to comply with arrangements will result in the issuance of a warrant for your arrest with accompanying criminal and civil penalties.
MOTIONS
A Motion is a written request to the Judge. Motions can be filed in person at the Fernley Municipal Court or faxed to 775.784.9879. Depending on the type of motion, you may be scheduled for an appearance with the Judge. Motion hearings are scheduled Thursday at 11:00 a.m.
CONTINUANCES
If you are unable to appear on your scheduled arraignment date, you must call in advance or appear in person to the Fernley Municipal Court for a new date and time, or you may fax a letter of explanation to 775.784.9879 and must include your case number, current phone number and address.
CONTINUATION POLICY
The Court will only grant continuances on a case by case basis. In the event the Court Clerk continues your hearing, you may be required to explain to hte Judge the reason for your absence at your next hearing.
FAILURE TO APPEAR
Failure to respond to any notice from the Court on or before your Court date or failure to pay any fine assessed against you by the Court will result in the issuance of a warrant for your arrest with accompanying criminal and civil penalties.
BENCH WARRANTS
The following outlines the options available for resolving an outstanding bench warrant at the Fernley Municipal Court:
* Surrender yourself to any Law Enforcement Officer/Agency. You will be
seen by the Judge within seventy-two (72) hours.
* Post full bail at the court and receive a new arraignment date.
* Post and forfeit bail at the court (depending on the charge).
Please note: With an active warrant, you are subject to arrest 24 hours a day.
FORMS
Authorization to Represent
Procedure for Sealing Records
Stipulation to Seal Records
Waiver of 60 Day Rule
Waiver of Arraignment
*Fernley Municipal Court Clerks are not allowed to offer legal advice of any kind via phone, mail, or in person. For assistance with legal questions or concerns, please phone the Nevada Legal Helpline 1-800-789-5747.