Blog: Criminal Defense - Page 3

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, …

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 …

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 …

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 …

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 …

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

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 …

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 …