Even in the best circumstances, let’s face it, it is an uncomfortable feeling to be questioned by police. Even if it is just an incidental conversation, people can feel like they are on high alert, or need to watch every word they say. What your rights are during questioning will depend on what type of …
If you are a legal alien in Nevada, you cannot be deported unless you plead guilty to, or are convicted of certain types of crimes. These crimes include aggravated felonies, drug crimes, firearm crimes, domestic violence crimes, or crimes moral turpitude. Aggravated Felonies There are several different kinds of Nevada crimes that qualify as aggravated felonies. Theft …
Many states, including Nevada, use DUI checkpoints as one method of cracking down on drunk drivers. Also referred to as sobriety checkpoints, DUI checkpoints are locations where police station legal roadblocks where officers stop and check drivers for signs of impairment indicating intoxication. DUI checkpoints in the United States are only legal if they are …
Many people are under the mistaken belief that the rule of law does not apply to Burning Man, the highly unorthodox week-long festival that erupts every August in Nevada’s Black Rock Desert. Burning Man celebrates freedom of expression, but that does not include using illegal drugs. “Burners” all are subject to Washoe County, Nevada state, …
Police misconduct refers to wrongful actions committed by police officers within the scope of their official duties. Police misconduct in Las Vegas is both a breach of the public trust and a miscarriage of justice when the illegal actions result in a wrongful conviction. Police misconduct can come in a variety of forms. Here are some of …
Regardless of whether you are a permanent resident, have a green card, or are in the country on a visa, if you’re not a US citizen, a felony criminal conviction may result in your deportation and banishment from the country permanently. A gross misdemeanor criminal conviction can prevent an immigrant from contesting removal in Immigration …
If you have been convicted of a crime, you may be able to file an appeal. A Nevada appeal is different from other types of post-trial motions requesting that the trial court change its verdict or order a new trial. Judges do not often overrule their own decisions, so in many circumstances an appeal may be …
If a restraining order has been issued against you in Nevada, it is possible to get the restraining order lifted or dissolved. Only a Nevada court may lift or dissolve a Nevada restraining order, often referred to as a protection order in the state court system. A Nevada restraining order can only be lifted by …
Internet crime is a broad category, since there are a variety of crimes that can be committed over the internet. Identity theft and computer hacking are two of the more common internet crimes. The federal computer fraud law that most directly relates to internet crime is the Computer Fraud and Abuse Act (CFAA), (18 U.S.C. 1030). …
Las Vegas Defense Group scores a major victory with the Nevada Supreme Court. Today the Nevada Supreme Court published an opinion reversing our client’s two convictions for the Nevada crime of rape. The justices held that the lower court committed a “structural error,” effectively voiding the guilty verdicts. So as it stands now, it is …
What is the difference between a state and a federal crime? The U.S. Constitution allows states the power to govern themselves. However, if there is a matter that concerns national welfare, then federal law prevails. State v. Federal Crime The state of Nevada will have jurisdiction over defendants who violate Nevada state laws. Federal laws come …
Being arrested is always a scary experience. You will likely be confused, and not sure when you should call a Nevada criminal lawyer, or what your rights are. If you are arrested, keep in mind the following: 1. What Is An Arrest? An arrest means that you are not free to leave. This is not …
All states have stringent DUI laws with stiff penalties, and Nevada is no exception. Nevada DUI laws are set forth in NRS 484C.110. Whether your DUI charges will result in a conviction, or what penalties you will receive can be influenced by many different factors. Your blood alcohol will, of course, be looked at, but …
Last month the Nevada Supreme Court once again affirmed the constitutionality of the state’s casino marker laws. Specifically, it upheld the conviction of defendant Harel Zahavi, who allegedly failed to pay back nearly $400,000 in casino markers to four different Las Vegas casinos. He had been placed on probation with a suspended prison sentence of …
Yes. Driving while impaired by marijuana is considered a DUI in Nevada. Under Nevada law, a person can be arrested for DUI with marijuana for either of the following three actions: driving having ingested marijuana to a degree which renders the driver incapable of safely driving or exercising actual physical control of a vehicle, or …
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 …
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 …
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 …
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 use their phones as …
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. …
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 …
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 …
How long the Nevada divorce process takes depends on several factors, including: whether the divorce is contested or not; whether there are children involved; the complexity of the marital estate; and the Nevada court’s own caseload In general, an uncontested divorce (called a joint petition in Nevada) can be over within one-to-three weeks. Though a …
