Blog: Criminal Defense

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 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 able to avoid jail …

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 …

Yes. Nevada convictions of the following four types of criminal offenses can never be sealed from a person’s record and will therefore always show up on background checks: Felony charges of intoxicated driving (DUI) Crimes against children (under 18) Sex crimes Invasion of the home with a deadly weapon Note that any criminal case that …

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 drug possession (NRS 453.336). …

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 used in edibles. Prohibited …

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 county jail. In practice, …

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 …

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 …

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 …

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: …

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 …