Las Vegas Juvenile Defense Lawyer

Protecting Your Child’s Future in Clark County and Throughout Nevada

When a minor is accused of a crime, the stakes are enormous—even if the case starts in juvenile court. A delinquency petition (the juvenile court system’s equivalent of a criminal charge) can affect school placement, college admissions, employment, driver’s license eligibility, immigration status, and more. Families need fast, focused help from a lawyer who understands both the juvenile system and the tactics prosecutors use to push serious cases toward adult court.

Josh Tomsheck—nationally Board‑Certified in Criminal Trial Law, a registered specialist with the State Bar of Nevada, and a former Chief Deputy District Attorney in Clark County is available to represent juveniles and their families in Las Vegas, Clark County and across Nevada. Mr. Tomsheck has effectively handled thousands of criminal cases from investigation to trial and appeal, including the most serious felonies. That background, and the resources at his disposal, lets him act quickly, negotiate effectively, and, when necessary, expertly take a case to verdict. If your child is facing a delinquency petition in Las Vegas Justice Area (Family Division) or anywhere in Nevada, Las Vegas Juvenile Defense Attorney Josh Tomsheck and the firm of Hofland & Tomsheck are ready to help—today.

What Counts as a Juvenile Case in Nevada?

Nevada’s juvenile justice laws are organized in NRS Title 5 (Juvenile Justice). Key chapters include:

• NRS 62A (General Provisions) – definitions (including “child,” “delinquent child,” and related terms).
• NRS 62B (Administration & Jurisdiction) – how juvenile courts operate; certification (transfer) rules for trying youth as adults.
• NRS 62C (Procedure Before Adjudication) – custody, intake, petitions, and detention decisions.
• NRS 62D (Procedure in Juvenile Proceedings) – court process and protections (including limits on multiple prosecutions).
• NRS 62E (Disposition) – the court’s options after adjudication (probation, programs, restitution, etc.).
• NRS 62H (Records) – access to and sealing of juvenile records.

In plain English, the juvenile court has jurisdiction over most alleged misconduct by children (generally under 18), with limited, important exceptions where prosecutors can seek certification to adult court.

How a Juvenile Case Typically Begins

A case usually starts when police take a child into custody or issue a referral. By statute, officers must notify a parent/guardian and the probation department; the child may be released to a guardian or detained based on specific factors (risk, seriousness, prior history). NRS 62C.010 is the Nevada law for custody, notification, and release standards.

From there, the District Attorney decides whether to file a delinquency petition. Nevada law sets out formal petition requirements—who signs it, what it must allege, and how it’s verified—under NRS 62C.110.

Why this early window matters: before a petition is filed, defense counsel can often present context, mitigating information, treatment options, or school records to argue for informal supervision, diversion, or a narrow charge—sometimes avoiding court altogether.

What Happens in Juvenile Court (and Why It’s Different)

Juvenile proceedings in Nevada are civil in form but carry criminal‑like consequences. The terms are different—“adjudication” instead of conviction, “disposition” instead of sentencing—but the impact is real.

Key differences include:

• Privacy & Purpose: Juvenile court is designed to be rehabilitative, not primarily punitive, and hearings and records are more confidential than adult court (with exceptions).
• Right‑Sizing Detention: Judges and probation use detention only when necessary and often prefer community‑based supervision, especially for first‑time or low‑risk youth. Clark County operates a dedicated Juvenile Detention facility with programming aimed at safety and services.
• Procedural Protections: Nevada codifies, pr makes law, the procedural rules for juvenile cases (interpreters, advisements, counsel, and evidentiary practice) in NRS 62D. The law also limits multiple prosecutions: if a child is prosecuted in juvenile court for an offense, they generally cannot be prosecuted again for the same offense in adult court.
• Tailored Dispositions: After adjudication, courts look at individualized disposition options—probation terms, community service, treatment, restitution, or specialized programs—under NRS 62E.

Can a Juvenile Be Tried as an Adult?

Sometimes prosecutors seek to certify a youth for adult criminal proceedings. Nevada’s rules are detailed and fact‑specific. Under NRS 62B.390, the juvenile court may or, in certain circumstances, must certify a child depending on the child’s age and the alleged offense (for example, serious felonies, certain violent sexual assaults, murder/attempted murder). Each case requires a full investigation and hearing.

Our strategy: Fight certification early and aggressively. That means gathering school and medical records, expert reports, neurodevelopmental evidence, treatment histories, and family support plans to demonstrate that the goals of public safety and rehabilitation can be achieved inside the juvenile system.

Common Juvenile Allegations We Defend

While you’ll find separate, in‑depth pages for individual charges linked below, typical juvenile cases include:

• Battery / Fights on or near campus
• Theft / Burglary / Property damage
• Graffiti and tagging offenses
• Truancy and “child in need of supervision” issues
• Underage alcohol or marijuana possession
• Weapons at school, threats, or social‑media‑based allegations
• Traffic‑related matters affecting licensing

Each allegation has specific defenses: identity and proof issues, self‑defense, consent, lack of intent, constitutional violations (search/seizure at school), hearsay or foundation defects, and credibility challenges. In many cases, the best “win” is avoiding formal adjudication altogether—via diversion, informal supervision, or a negotiated resolution that keeps records sealable.

Why Families Choose Josh Tomsheck for Juvenile Defense

Proven courtroom experience. I’ve tried serious felony cases—on both sides of the aisle. That experience translates to better outcomes at every stage: intake advocacy, detention hearings, motion practice, negotiations, and trials.

Certification defense. I’ve fought to keep cases in juvenile court when the State sought adult treatment. The difference for a teenager between juvenile disposition and adult conviction is life‑changing.

Rapid response and full‑scope support. We coordinate with schools, treatment providers, and probation early. We help families manage collateral concerns: athletics/eligibility, IEP and special education issues, immigration risk, and professional licensing goals down the road.

Strategic negotiation. We tailor proposals that meet public‑safety concerns while protecting long‑term opportunities—curfews, counseling, verified community service, restitution plans, and academic progress benchmarks.

The Juvenile Process at a Glance (What to Expect)

1. Custody / Release Decision
   Police and probation decide whether to release to a guardian or detain pending court review, guided by NRS 62C.010 factors. Early advocacy can influence this decision.
2. Intake & Petition
   The District Attorney reviews and may file a petition (formal charges) that must meet NRS 62C.110 requirements. Defense counsel can often present mitigation before filing or argue for informal handling.
3. Detention Hearing / Conditions
   If detained, the court quickly decides whether continued detention is necessary or if conditions (home supervision, GPS, school attendance mandates) are sufficient.
4. Negotiation or Trial (Adjudication)
   Where appropriate, we negotiate diversions or reduced allegations; if trial is necessary, we litigate elements, credibility, and constitutional defenses.
5. Disposition (If Adjudicated)
   The court crafts an individualized plan under NRS 62E—often probation with targeted services. The defense can propose treatment, educational supports, and family‑based structures to minimize court oversight and the risk of further system involvement.

Local Context: Las Vegas & Clark County

Juvenile matters in Clark County proceed through the Family Division and Department of Juvenile Justice Services (DJJS), which administers detention and a range of supervision and programming options. Understanding how probation tools and court calendars actually function in Las Vegas helps us build practical resolutions that judges trust and families can manage.

Smart Defense Starts Now

If your child has been detained, received a citation, or if you’ve been contacted by a school police officer or SRO, time matters. The decisions made in the first 72 hours often shape the entire case. Call the office of award winning juvenile defense lawyer Josh Tomsheck and put a former Chief Deputy District Attorney and Board‑Certified Criminal Trial Lawyer on your child’s side.

Free, confidential consultation. We’ll review what happened, discuss immediate steps (school communication, treatment referrals, and evidence preservation), and map a plan to protect your child’s record and future.

Juvenile Court Cases: What you need to know

To help families find exactly what they need, we have prepared detailed information on:

• Common Juvenile Charges in Las Vegas (battery, theft, graffiti, threats, school‑related offenses)
• How Juvenile Court Differs from Adult Court in Nevada (privacy, purpose, rights, and outcomes)
• Nevada Juvenile Justice Terminology (plain‑English glossary with key NRS cites)
• Certification to Adult Court in Nevada (defending against NRS 62B.390 motions)
• Sealing Juvenile Records in Nevada (NRS 62H pathways and timelines)
• Your First Court Date: What Parents Should Bring and Expect
• Working with Probation & DJJS in Clark County (programs, compliance, and early termination)

Call Josh Tomsheck Today

When your child’s future is on the line, choose experience, specialization, and a defense that treats your family with the urgency and respect you deserve. Serious Defense for Serious Charges—even in juvenile court.