In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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If you have been found guilty of a Nevada crime, a punishment will be imposed upon you by a judge. The punishment for a criminal conviction is called a sentence. The court hearing where the judge gives you your sentence is called the Nevada sentence hearing.
Nevada Revised Statutes 176.015 states that after a criminal conviction, “Sentence must be imposed without unreasonable delay.” For misdemeanor criminal convictions, a Nevada sentence hearing may take place shortly after a criminal defendant has entered a guilty plea or was found guilty and only last minutes.
For felony criminal convictions, the sentencing hearing may not occur for three or more weeks to give your attorney ample time to prepare for the hearing. For more serious crimes such as felonies, a sentencing hearing may span several hours.
However, sentencing may be delayed if you file a motion for a new trial or if the court needs time to make a determination about the criminal defendant’s mental competency.
At a Nevada sentence hearing, criminal defendants have many of the same rights as they do at trial including:
Before the sentencing hearing, a presentence report is created by the Nevada Department of Probation and Parole and then delivered to the judge. During the sentencing hearing, victims are allowed to speak before the judge, and both the defense lawyer and district attorney can present their arguments.
At a Nevada sentence hearing, a criminal defense lawyer may offer “mitigating factors” as arguments to reduce your sentence. Mitigating factors include any information that may influence a judge to impose a lighter sentence, such as:
Taking all this into consideration, the judge then imposes a sentence of fines, a jail or prison term, and/or any other terms. The sentence can be appealed a sentence to the Nevada Supreme Court. If you want to appeal, you will need an experienced criminal attorney. Contact us to represent you in your case. (Also see our article, Four Things to Know Before Entering a Guilty Plea in Nevada.)
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A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
No, butterfly knives are generally legal under Nevada knife laws. However, people who take a butterfly knife with a blade of at least two (2) inches long to a school may face criminal charges if they are also trespassing, loitering, causing a nuisance, or defacing school property. And any pupils who take any butterfly knife ...
The statute of limitations, or window of time in which a person can bring a PAGA claim, is generally 1 year. The Private Attorney General Act lets California workers file lawsuits against their employers for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before ...
The U.S. Constitution protects the rights of the public against unreasonable searches and seizures by law enforcement. The Supreme Court has long held that random traffic stops qualify as unreasonable seizures in violation of the Fourth Amendment. In order to justify a traffic stop, police officers must have probable cause, or at least reasonable suspicion, that a driver has violated ...
No. Bump stocks are illegal to possess, make, transfer or sell in Nevada. They were outlawed in response to the Las Vegas Massacre on October 1, 2017, where a shooter in the Mandalay Bay used a bump stock on his semi-automatic rifle to kill and injure hundreds of people.1 What are the penalties for having ...