Blog: Criminal Defense

Yes, under certain circumstances. A homicide is justifiable in Nevada occurs if all the following conditions are true: The danger was urgent and pressing; The non-aggressor faced death or major bodily harm; A reasonable person in the non-aggressor’s position would also fear for his/her life and safety; and The non-aggressor was not merely acting out …

Yes, but there are conditions. Under Nevada self-defense laws, a person in Nevada is not required to retreat before using deadly force if the person: does not start the fight; has the reasonable belief that his/her life is in immediate jeopardy; has the right to be in the location where deadly force is used; and …

Updated March 25, 2020 COVID-19 UPDATE: Inmates may be able to get their sentences modified due to coronavirus being so easily contagious in jails and prisons. Vulnerable inmates with asthma or diabetes or who are elderly are particularly at risk. Judges may agree to release certain inmates from custody early, especially if their sentence ends …

Death penalty in Nevada as a possible punishment is first-degree murder (NRS 200.030). There are five different types of homicide, in turn, that qualify as first-degree murder in Nevada: premeditated killing felony murder killing to avoid arrest or incarceration killing at a school event killing in perpetration of terrorism Each of these types of first-degree …

Anyone who is legally allowed to possess a firearm may open carry in Nevada. People do not need a permit or a license to open carry in Nevada. And it does not matter whether they live in- or out-of-state. A permit is required only for conceal carry. Open carry v. concealed carry Open carry is …

Updated July 1, 2020 Adults 21 and older may possess up to 1/8 of an ounce of hashish for personal use in Nevada. Only licensed dealers may sell hashish. Hashish (“hash”) is a type of concentrated cannabis. It comes from the dried resin (“kief”) of the tops of cannabis plants. Hashish can be smoked or …

Nevada’s Victims of Crime Program (VOCP) provides financial support for eligible crime victims and their families. What expenses does the VOCP pay for? Each case is different. Depending on the circumstances, VOCP may help pay expenses for: Childcare costs that the crime caused Medical bills (hospitals, ambulance, clinical visits, home health care, dental work, etc.) …

  An Alford plea in Nevada is when a defendant in a criminal case does not admit guilt but concedes there is sufficient evidence to find him/her guilty at trial. In short, it is a guilty plea that allows the defendant to maintain his/her innocence. Purpose of Alford pleas Whenever a defendant in a Nevada …

Updated July 1, 2020 Nevada defendants convicted of felonies get PSIs. This is short for presentence investigation. PSIs are required for certain defendants to get probation instead of prison. The Nevada Division of Parole and Probation (NPP) conducts PSIs. The NPP then composes PSI reports. Judges rely on these reports to decide sentences. Which defendants …

As a federal crime, Medicare fraud is investigated by the Medicare Fraud Strike Force. It is comprised of federal investigators and prosecutors from various agencies. Examples include: U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG); Department of Justice (DOJ); Drug Enforcement Administration (DEA), Department of Defense (DOD); Internal Revenue Service …

Updated July 1, 2020 Every summer dozens of drug busts mar the Electric Daisy Carnival (“EDC”). People caught with up to an ounce of marijuana will probably just be cited. But possessing other types of narcotics will result in being arrested and booked at the Clark County Detention Center. And defendants will face charges for …

Yes, if the case is in a district court, and the judge deems it “necessary.” Under NRS 174.325, an inmate incarcerated in Nevada State Prison or a county or city jail in Nevada can be called to testify at a criminal trial if all of the following three conditions are true: The criminal trial is …

Yes, but only under limited circumstances. Nevada deposition rules in criminal cases (NRS 174.215) A deposition is a legal proceeding where attorneys question under oath (“depose”) a party or a witness (“deponent”) in a case. Depositions are rarely admitted as evidence in Nevada criminal trials, but judges potentially permit them under the following five circumstances: …

Updated July 1, 2020 Nevada law under NRS 193.120 classifies crimes as either misdemeanors, gross misdemeanors, or felonies. Nevada felonies, in turn, are subdivided into five categories from E (the least serious) to A (the most serious). Misdemeanors NRS 193.120 defines misdemeanors as any crime where the maximum penalty of incarceration is six (6) months in the …

Updated July 1, 2020 It depends on the case, but it is very important that the probationer adhere to all of the terms: Violating a term of probation can cause the judge to impose the underlying jail or prison sentence. Probation terms in Nevada People who get convicted of a crime in Nevada may be …

Hiding or otherwise helping a fugitive avoid arrest is illegal in Nevada if the helper knows the person is a fugitive. A person who is genuinely ignorant that the person is fleeing police should not face charges for aiding or housing the person. Example: Jim is being chased by police after committing a robbery in …

The penalties for attempting to escape from prison in Nevada depend on whether the defendant is incarcerated for a misdemeanor, gross misdemeanor, or a felony. Defendants in custody for a gross misdemeanor or misdemeanor Nevada inmates who have been charged with or convicted of a gross misdemeanor or misdemeanor face the following penalties if they …

Yes. Defendants in criminal cases who get released on their own recognizance (OR) may get arrested if they violate the terms of their release. O.R. conditions At a minimum, defendants released on OR are required to appear at future court hearings — in other words, not skipping court. And if they do skip court, defendants …

Character evidence may be admissible in Nevada criminal trials depending on whether the evidence concerns the defendant, a witness, or the victim. 1. Character evidence of defendants In Nevada criminal trials, defendants are allowed to present proof of their own good character in attempt to disprove the criminal charge(s). But defendants take a big risk …

Many people use the terms “prison” and “jail” interchangeably, but they are very different in Nevada. In general, prisons are long-term incarceration facilities for people who have been convicted of Nevada felonies. Jails are for everyone else. Note that each facility — be it a jail or prison — has its own policies regarding visitation, …

Life in Nevada State Prison without the possibility of parole is a punishment for the following Nevada category A felony offenses: First-degree murder First-degree kidnapping with substantial bodily harm Sexual assault with substantial bodily harm A subsequent conviction of sexual assault of a child under 16 Battery with the intent to commit sexual assault and …

It is not surprising that the most serious Nevada crimes including murder, sexual assault, and kidnapping may carry life in Nevada State Prison as a possible punishment. But five other, lesser-known Nevada offenses also carry potential life in prison, including: Attempt murder by poison Sexual abuse of a child under 14 causing substantial bodily or …