Blog: Criminal Defense - Page 2

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, …

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 mental harm Involuntary servitude of minors Child pornography Battery with intent to commit sexual assault 1. Attempted murder by poison …

Process of getting a criminal record seal in Nevada amounts to around $150 total if the person does not use an attorney. However, it is highly recommended that people seeking record seals consult with a Las Vegas criminal defense attorney for the following five reasons: An attorney can help determine whether the person is even …

Nevada hate crimes after allegedly battering a gay man and calling him homophobic slurs at a Hard Rock Hotel parking garage. Keron Cumberbatch, Aaron Bob-Goldman, Damion Campbell, Rashon Wiggins and Eidryce Marks were released from the Clark County Detention Center after posting bail. The reported victim sustained cuts and jaw pain and was treated at …

Nevada offense of invasion of the home under NRS 205.067 occurs when a person forcibly enters an inhabited dwelling without permission of the lawful occupant or owner whether or not anyone was physically in the home at the time. So for a break-in to qualify as the Nevada crime of home invasion, the home just …

Duress is a potential defense to charges of any Nevada crime except first-degree murder. Defendants may raise a duress defense if they committed a crime because they reasonably believed they would be killed or severely injured if they refused.[1] A classic example of duress is a thief holding up a random pedestrian with a gun …

Defendants in Nevada criminal cases can certainly request that they participate in a lineup, but law enforcement has no obligation to comply. A defendant can also seek a court order that that police conduct a live lineup. In some cases that can help exonerate the accused, when witnesses are not able to identify him or …

Yes. In 2015, the Nevada Legislature created the new crime of “housebreaking.” “Housebreaking” under Nevada law is entering a vacant dwelling for the purpose of unlawful residency (“squatting”). The elements of housebreaking under NRS 205.0813 are: the suspect forcibly enters an uninhabited or vacant dwelling, and the suspect knows (or has reason to believe) that such …

Yes. Squatting in Nevada subjects the alleged squatter to not only civil lawsuits but also criminal charges. Squatting prosecutions have been on the rise due to the increasing number of unoccupied homes in Nevada as a result of the 2008 housing crash. With so many empty houses in the valley, it may be easy for …

In a recent survey, 28% of Americans admitted they had directed malicious online activity at someone they didn’t know. In many cases, such activity is protected by the First Amendment. But in other cases, such activity can subject you to a lawsuit or a criminal prosecution. Malicious online activity can take various forms in Nevada, including: Trolling, …

While Nevada’s deserts may be known for their heat, residents know that during the winter things can get very cold, especially at night. If you leave your child unattended in a car when it’s extremely cold, you could face Nevada criminal charges. “Knowingly and Intentionally” Leaving a Child Unattended in a Car is a Crime …

If you are facing criminal charges in Las Vegas, you should explore your options for legal representation before going with a Las Vegas public defender. “You have the right to an attorney. If you can’t afford an attorney, one will be appointed to represent you…”  You may be familiar with this portion of the Miranda …

If you’re thinking about street racing on the Strip or on any public road or highway in Las Vegas, you should think about the fact that street racing in Las Vegas is a serious crime that could result in jail time as well as the loss of your driving privileges, among other penalties. Drag racing …