Nevada Blog

When is disciplining my child illegal in Nevada?

Posted on October 23, 2014 | Category: Child Abuse

It depends on the case, but any punishment that causes the child to experience or risk unjustifiable pain, physical harm, or mental trauma, may be prosecuted as child abuse in Nevada. Traditional corporal punishments are typically legal in Nevada, such as: spanking; a smack; and sending the child to his/her room without supper But hitting …

Will I go to jail for selling pot in Nevada?

Posted on October 14, 2014 | Category: Criminal Defense

If it is your first offense, maybe not… Selling marijuana in Nevada is a category B felony, and the penalties grow harsher with each successive conviction. For a first-time offense of selling pot, the judge has the discretion to grant probation and suspend any jail sentence. Otherwise, the judge can impose: 1 – 6 years …

How do I fight “marijuana trafficking” charges in Nevada?

Posted on October 7, 2014 | Category: Criminal Defense

There are three primary defenses to Nevada charges of trafficking marijuana: The marijuana does not weigh 100 pounds or more. Nevada charges for trafficking marijuana apply only if the amount of pot in the case weighs in at least 100 pounds. And in some cases, the police do a sloppy and inaccurate job of weighing …

Should I Take a Breath or Blood Test if I am Pulled Over for a DUI in Nevada?

Posted on September 23, 2014 | Category: DUI

There are pros and cons to both breath tests and blood tests in Nevada DUI cases. Breathalyzer tests in Nevada DUI cases: Pros: Breathalyzers test only for alcohol, so they will not show if the person is high as opposed to drunk. But note that if the cop suspects the driver is high, the cop …

What is the difference between “extortion” and “bribery” in Nevada?

Posted on September 2, 2014 | Category: Laws

Both the Nevada crimes of extortion and bribery are felonies, although extortion is considered a more serious offense and therefore carries potentially harsher penalties. This is because extortionists threaten their victims with harm if they do not comply, whereas bribers do not threaten harm to the persons they are bribing. The Nevada crime of bribery …

Do All Criminal Cases Involve “Grand Juries” in Nevada?

Posted on August 14, 2014 | Category: Criminal Defense

It depends. Virtually all federal cases proceed by a grand jury indictment. In Nevada state court, the majority of cases do not involve a grand jury at all. But prosecutors often decide to utilize a grand jury in particularly serious or high-profile cases. Grand jury proceedings are secret hearings that come into play at the …

Who gets the family pet in a divorce?

Posted on July 18, 2014 | Category: Laws

When a couple gets divorced, and children are involved, there are often custody issues that come into the courtroom. In addition to matters relating to children, parties must separate property as well as other assets. This brings up an interesting issue that has been more and more prevalent over the last few years: What happens …

Is it a crime to use my phone’s GPS while driving in Nevada?

Posted on June 18, 2014 | Category: Laws

Updated June 9, 2021 Yes. Physically handling any electronic device while driving is against Nevada law. It does not matter if the driver is not talking on the phone nor texting nor surfing the internet. Touching the phone for any purpose including to use the navigation system is illegal. Therefore, Nevada drivers who wish to …

Is it possible to withdraw a plea in Nevada?

Posted on June 11, 2014 | Category: Laws

A defendant is at liberty to ask a Nevada court to withdraw his/her plea at any time. However, courts are more likely to consider the request if sentencing has not yet occurred. If sentencing has already occurred, the judge may presume that the only reason the defendant wants to withdraw the plea is to try …

Can you face rape charges for having “rough sex” in Nevada?

Posted on June 10, 2014 | Category: Rape

Yes. Nevada criminal defense attorneys often see cases where an act of “rough sex gone bad” ends in an arrest. And much of the time, the defendant did nothing wrong or did not realize he/she was doing anything wrong. Many people enjoy being restrained or “roughed up” during intimacy, which is perfectly legal as long …

Is “libel” a crime in Nevada?

Posted on May 16, 2014 | Category: Criminal Defense

Yes. Under Nevada defamation laws, it is illegal per NRS 200.510 to intentionally publish lies about someone else which casts that person in a negative light. It does not matter whether the libel occurs through print or digital media. Though merely speaking lies is not criminal libel (however the speaker may be sued for slander in …

Will a Nevada “domestic violence” charge be dropped if the “victim” recants?

Posted on February 9, 2014 | Category: Domestic Violence

Not necessarily. Even if a victim claims he/she falsely accused the defendant of battery domestic violence (BDV) in Nevada, the D.A. may decide to pursue charges anyway. Prosecutors are often suspicious of recanting BDV victims and believe they have ulterior motives for changing their story, such as: They are afraid to testify in court. They …

What Happens When a Cyclist Kills a Pedestrian?

Posted on January 27, 2014 | Category: Pedestrian Accidents

As rare as it is, there have been cases of a cyclist killing a pedestrian. For some reason, it seems to happen more in the United Kingdom, but there was a recent case in the U.S. that lead to big headlines. In March of 2012, Chris Bucchere, 37, hit Sutchi Hui, 71, in San Francisco. …

Are Undercover Solicitation “Stings” Considered Entrapment in Las Vegas, Nevada?

Posted on November 11, 2013 | Category: Criminal Defense

Not unless the undercover cops overstep their bounds… Entrapment is when police trick people into committing crimes they are not predisposed to commit. Since entrapment is illegal, it serves as an effective defense to criminal charges. An example of entrapment is a cop threatening to beat a suspected prostitute unless she agrees to accept his …

How Do I Get my Gun Rights Restored in Las Vegas, Nevada?

Posted on November 11, 2013 | Category: Gun Laws

A pardon. People who have been convicted of a felony in Nevada are no longer allowed to own or possess guns. The only way they can get their gun rights restored is to receive a pardon from the Nevada government. Note that pardons do not seal the felony conviction. Also note that pardon applicants have …

Las Vegas Defense Group Wins Dismissal in Attempted Murder Case

Posted on August 26, 2012 | Category: Murder

Last week, Clark County District Court Judge Abbi Silver dropped an indictment against a 64-year-old Las Vegas Defense Group client accused of shooting her son in June of 2011. In April, our client was charged with attempted murder, battery, and intimidating a witness. Together, these felonies could have carried several decades in prison. Las Vegas …

Las Vegas Defense Group Attorney Victorious in Gross Vehicular Manslaughter Trial in Victorville

Posted on June 27, 2012 | Category: Criminal Defense

Two years ago, an eighteen year old Las Vegas man was driving from Las Vegas to Los Angeles when he struck and killed a California Highway Patrol officer on the I-15 in Victorville. Las Vegas Defense Group attorney Michael Becker defended him, and on Monday the jury acquitted the defendant of the Nevada crime of …

Card Counters Threatened with Trespass in Las Vegas Casinos

Posted on April 20, 2010 | Category: Criminal Defense

If a casino patron in Nevada is suspected of being a card counter, the management can order them to leave the casino. If the patron refuses or comes back, they can then be cited or arrested for violating Nevada trespass law. Some notorious card counters have been banned from most of Nevada’s casinos. Nevada trespass …

Post-Conviction Relief for Non-Citizens in Nevada

Posted on July 30, 2009 | Category: Immigration

Hundreds of thousands of non-citizens face immigration consequences for prior criminal convictions. These consequences affect legal and illegal immigrants alike, and can include deportation, denial of re-entry and denial of the chance for naturalization to the United States. An area of criminal law exists that involves efforts to go back and modify, and sometimes vacate, …

Las Vegas Trespass Arrests are Frequent in Casinos

Posted on July 5, 2009 | Category: Criminal Defense

The Nevada crime of trespass doesn’t necessarily have to do with sneaking onto someone else’s property or defying “No Trespassing” signs. According to NRS 207.200, you may commit trespass in Nevada simply by staying on another person’s property after being asked to leave. The following scenario occurs in Las Vegas trespass cases all the time, …

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