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CASE NO:

ORDER

DEPT NO:

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IN THE JUSTICE COURT OF LAS VEGAS TOWNSHIP

COUNTY OF CLARK, STATE OF NEVADA

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THE STATE OF NEVADA,

Plaintiff,

vs.

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DANIEL FERNANDEZ,

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CASE NO. 15F15541X

Defendant.

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REPORTER'S TRANSCRIPT
OF
PROCEEDINGS

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BEFORE THE HONORABLE CONRAD HAFEN

JUSTICE OF THE PEACE

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Monday, May 23, 2016

9:00 a.m.

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APPEARANCES:

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For the State:

JAKE VILLANI, ESQ.

DEPUTY DISTRICT ATTORNEY

For the Defendant:

ZOHRA BAKHTARY, ESQ.

DEPUTY PUBLIC DEFENDER

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Reported by:

KRISTINE A. FLUKER, CCR NO. 403

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MR. VILLANI: Your Honor, it looks like it

was completed on the 19th of May, Your Honor.
THE COURT: Okay. So he did it after the
fact.
And then he owed the $500 or the community
service. Did he pay the fine on or before May 2nd,
2016?
MS. BAKHTARY: He did the community service,
39 hours, and he paid -THE COURT: Through Help of Southern Nevada?
MS. BAKHTARY: Yes. I have that.
THE COURT: Do you have a final report? It
should be a white piece of paper. Not a time sheet.
THE DEFENDANT: I wasn't able to -THE COURT: You had to turn that in five
days before your court date.
THE DEFENDANT: Yes.
THE COURT: Apparently you didn't do that,
and you didn't show up to court, and you don't have a
final report.
MS. BAKHTARY: Should we have him go get it
from the fourth floor?
THE COURT: Well, we can do that. But, you
know, it's pretty clear to me that it's late.
THE MARSHAL: The office is closed on

LAS VEGAS, CLARK COUNTY, NEVADA, MON, MAY 23, 2016

9:00 A.M.

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PROCEEDINGS
THE COURT: Case No. 15F15541X, State of
Nevada vs. Daniel Fernandez.
He's present out of custody. This is the
State's motion to recall the bench warrant.
MS. BAKHTARY: Defense's motion.
THE COURT: The Defense's motion to recall
the bench warrant.
Let's see, Mr. Fernandez, you were sentenced
in October of 2015. At that time I told you to do petit
larceny school, pay a $500 fine or do the community
service, with a one-year stay out of trouble provision
and a six-month suspended jail sentence.
I called the case in May of 2016, and you
weren't here. I issued a bench warrant. All the
requirements were due.
So, Zohra, did your client do the petit
larceny school on or before May 2nd, 2016?
MS. BAKHTARY: Yes, Judge. We have
everything.
THE COURT: Okay. Show that to the
prosecutor.
Jake, can you verify it was done on or
before May 2nd, 2016?

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Mondays. He'll have to go to Flamingo.

THE COURT: What's that? Oh, it's closed on
Monday. Okay. He has to go where?
THE MARSHAL: The office on Flamingo.
THE COURT: Okay. He has to go down to
Flamingo. You want me to trail it?
MS. BAKHTARY: No. Judge, I mean, is there
an issue with -- I mean, his -THE COURT: I don't accept -- Zohra, what
happens, and they tell them this, is that five days
before he has to come to court he has to hand in the
time sheet. That gives Help of Southern Nevada time to
call the community service folks to verify that the time
was done. Okay? The fact that he has a time sheet now
tells me that he didn't turn that in on time, and he
didn't show up for court. That's why I issued a bench
warrant.
So I'm not taking the time sheet.
MS. BAKHTARY: Well, what if -THE COURT: They have to call those folks to
verify that the community service was done.
MS. BAKHTARY: So what does the Court want
to do?
THE COURT: Well, we can send him to
Flamingo and we can trail the case and he can come back.

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MR. VILLANI: Your Honor, if I may make one

representation?
THE COURT: Sure.
MR. VILLANI: It looks like he was cited on
March 19th, 2016, for a petit larceny.
THE COURT: Oh, he didn't stay out of
trouble?
MR. VILLANI: Correct.
THE COURT: All right. Anything you want to
say, Zohra?
MS. BAKHTARY: So is the Court trying to
send him to jail right now or send him to Flamingo to go
get the proof?
THE COURT: Well, I just found out that he
didn't stay out of trouble, and what he pled to in this
case was petit larceny. It looks like he committed
another crime.
What's your position?
MS. BAKHTARY: My position is we're asking
the Court not to impose the suspended sentence, Judge.
I understand that he was a few days late in completing
the requirements.
THE COURT: Well -MS. BAKHTARY: But did he complete it,
Judge.

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the defendant. Okay? I'm going to take a few minutes

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down to a misdemeanor petit larceny. Okay? They didn't

and we're going to explain everything because I'm going

to debunk this theory of yours. Okay, Zohra?
Just so everybody knows, this defendant was
charged with a felony and a gross misdemeanor. Okay?
MS. BAKHTARY: Judge, I would ask the Court
not to -THE COURT: Zohra, be quiet.
MS. BAKHTARY: Judge, you're asking -THE COURT: Zohra -MS. BAKHTARY: You're making -THE COURT: Do you want to be found in
contempt?
MS. BAKHTARY: Judge, you're asking -THE COURT: Zohra, be quiet. Now. Not
another word.
MS. BAKHTARY: Judge, you're -THE COURT: Travis, right now. I'm tired of
it. Right now.
(Whereupon, Ms. Bakhtary
was taken into custody.)
THE COURT: So this defendant was sentenced
-- excuse me, he was charged with grand larceny and
possession of burglary tools. The State made you an
offer. They went from a felony and a gross misdemeanor

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THE COURT: Actually that's not true.

MS. BAKHTARY: No, has his class done. He
has, I believe, paid for the class.
THE COURT: Right.
MS. BAKHTARY: I'm sorry, Judge, there's 285
balance for the class, but he has the class done. He
has the community service done -THE COURT: No, he doesn't because he
doesn't have a final report.
MS. BAKHTARY: He did the hours, but he
still needs to go get the final report.
THE COURT: Right.
MS. BAKHTARY: But the Court is indicating
that because he picked up a petit larceny citation,
which absolutely is a violation of his stay out of
trouble.
THE COURT: Right.
MS. BAKHTARY: But there has to be some
leniency in this department.
THE COURT: No, there doesn't just.
MS. BAKHTARY: There has to be some
indicative circumstance -THE COURT: No. No, there doesn't. Let me
show you the leniency. Just so everybody in the
courtroom understands the leniency that was provided to

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have to do that, but they did. So that was some reason
leniency that was given to you up front.
When I you sentenced you on the misdemeanor,
after you were originally charged with a felony and a
gross misdemeanor, I told you to pay a $500 fine or do
the community service and do the petit larceny school.
There was a six-month suspended jail sentence.
Now, I gave you 120 days to do everything.
I didn't have to do that. I could have told you to do
it in 30 days or in two weeks. But I gave you leniency.
120 days. And I told you up front that when you came
back to court, if everything was done, then the case
would be closed. If everything wasn't done, then you go
to jail for six months. So you knew that up front.
When I called your case, you didn't show up.
You didn't even bother showing up in court without the
proof or nothing. Didn't even come to court. So I
issued a bench warrant for your arrest.
So now you come back to court and apparently
you did the class, but you did it late. And I don't
have proof of the community service. And in addition to
that, after I told you you had to stay out of trouble,
you picked up another petit larceny charge. So you're
out in the community on a suspended jail sentence in

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this case and you're committing more crime.

So now your attorney is asking for leniency.

You've been extended leniency the entire time.

of this system is to hold people accountable.

don't hold people accountable, everybody laughs at the

system.

keep giving chance after chance after chance.

doesn't happen in this courtroom.

accountable.

They find it to be a joke because judges just

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So part
If we

That

People are held

So you're going to do the six months in

jail, 180 days.

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All right?

And then, Travis, go ahead and un-cuff

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Zohra.

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continue on with the Public Defender cases.

I think she's learned a lesson.

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And we'll

-oOo-

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ATTEST:

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PROCEEDINGS.

FULL, TRUE AND ACCURATE TRANSCRIPT OF

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/S/Kristine Fluker

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KRISTINE A. FLUKER, CCR NO. 403

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