Las Vegas Criminal Defense Blog

A twenty-five year old person has been arrested in connection with five deaths in Northern Nevada. Yesterday law enforcement found two people dead in one Fernley house, two others in a nearby house, and another in a ditch on the I-80. The suspect was ultimately found hiding out in a garage. He faces charges for homicide and the Nevada crime of burglary.

The Nevada crime of burglary occurs when someone enters a structure or dwelling with intent to commit either a felony, assault, battery, and/or the crime of obtaining money by false pretenses inside. It is not an element of burglary that the defendant "break and enter" -- a person may commit burglary by walking through an open door or window. The most typical defense is that the defendant had no intention to commit a crime while he/she was entering the structure or vehicle.

Continue reading "Suspect Arrested for Five Deaths in Northern Nevada" »

The National Transportation Safety Board (NTSB) has recommended that every state including Nevada impose stricter blood-alcohol content (BAC) standards for drivers. Specifically, they prescribe that the minimum illegal threshold be lowered from .08 to .05. They believe enforcing tougher DUI rules will result in fewer DUI-related deaths.

Current Nevada DUI laws make it a crime to drive while impaired by alcohol or with a BAC of .08 or above. Therefore it's automatically illegal to drive with a BAC of .08 or above even if the driver has a high alcohol resistance and operates the car safely. It's also a form of DUI to drive while impaired by drugs or with illegal amounts of drugs in the driver's blood.

Continue reading "NTSB Pushes for Tougher DUI Standards Everywhere, Including Nevada" »

Various Nevada state and local teams have made 17 recommendations in an effort to stem domestic abuse-related homicides. The Nevada Attorney General made public the first annual report last month. Among the suggestions is prohibiting domestic violence charges from being pleaded down to less violent offenses.

Nevada domestic abuse laws make it a crime to batter a significant other, family member, or roommate. These cases typically begin with a verbal altercation that may get out of hand, and one of the parties calls 911. Typical defenses to battery domestic violence charges are self-defense, false allegations, or accident.

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Last month's infamous car crash into Las Vegas' Egg & I called public attention to the lesser-known DUI crime of "Drugged Driving." The teenaged driver reportedly took Xanax before passing out at the wheel and colliding into the restaurant, which injured ten people. Highway authorities say people grow tolerant to medication, which then causes them to increase the dosage, which in turn leads to drugged driving. The Egg and I reopened today.

Nevada drugged driving laws makes it a crime to drive while impaired by narcotics or controlled substances. People suspected of drugged driving are required to submit to a blood test to determine drug content in his/her blood. Police may use "reasonable force" on suspects who resist taking a blood test.

Continue reading "DUI Crash at Egg & I Spotlights "Drugged Driving" Problem in Las Vegas" »

Last week the Nevada Supreme Court held that suspects who've been read their Miranda rights that then ask if they can have an attorney must immediately be relieved of further police interrogation. Police merely rereading the suspects their Miranda rights does not permit police to resume questioning. Anything the suspect says afterwards would then be inadmissible as evidence against them.

In short, the Nevada Supreme Court held that, "the question 'Can I get an attorney?' is an unequivocal request for the aid of counsel, triggering the requirement that all interrogation immediately cease." Interrogation may continue only if suspects initiate it, a sufficient break in custody elapses, or the suspects are furnished with an attorney. If the prosecution attempts to admit into evidence a wrongly obtained admission of guilt, the defense attorney may fight it by filing with the court a motion to suppress in Nevada.

Continue reading "Nevada Supreme Court Clarifies Miranda Rule" »

Last week a 25-year-old Elko man was arrested for violating DUI laws in Nevada following a rollover accident on the I-80. He was taken to a local hospital, where authorities then placed him under arrest. He also faces charges for driving with a suspended license and suspended vehicle registration, and failure to wear a seat belt and maintaining a travel lane.

DUI laws in Nevada prohibit driving while impaired by alcohol or while having a blood-alcohol-level of .08 or above, irrespective of whether the driver is impaired. Similarly, it's also a crime to drive under the influence of drugs or with drug levels in the driver's blood that exceed statutory minimums. Typical defenses to this crime are that the police's chemical test equipment was faulty or that the defendant suffered from a condition that caused false positive DUI test results.

Continue reading "Elko Man Arrested for DUI after Rollover" »

Last week the U.S. Supreme Court ruled that in general police must obtain a warrant before requiring a suspected DUI-offender to submit to a blood test. Justice Sonya Sotomayor argued that modern technology and night courts allow police to obtain warrants quickly and without unduly delaying the blood test. She also explained that whether emergency situations permit warrantless blood tests should be judged on a case-by-case basis to be later justified in a court of law.

It's unclear whether the U.S. Supreme Court ruling affects Nevada DUI blood test laws. Under Nevada law, anyone who drives in Nevada "impliedly consents" to a chemical test if he/she is suspected of DUI. Presently police may use reasonable force to impose a blood test upon a DUI suspect who refuses to submit to a chemical test. In most cases, suspects willingly consent to a blood test.

Continue reading "U.S. Supreme Court Calls into Question Nevada's Warrantless DUI Blood Tests" »

Yesterday a man was arrested for committing the Nevada crime of arson for allegedly trying to burn down an apartment on Sierra Vista Drive in Las Vegas. The Clark County Fire Department suspects that the man ignited a phone book over the stove in the apartment to start the fire. No major damage was caused.

The Nevada crime of arson occurs when someone willfully and malicious sets fire to buildings, real estate, vehicles or personal property. A person may be convicted of this crime merely by helping others to set fire even if he/she doesn't physically cause the conflagration him/herself. Accidents should not result in an arson conviction unless the defendant deliberately sets a legal fire that then spreads to other property, and this spreading should have been foreseeable to the defendant.

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Three men, one woman and a juvenile have been arrested for allegedly breaking into the Women's Conservation Camp located in Silver Springs, Nevada, earlier this week. Authorities called in a SWAT team to catch the suspects, three of whom barricaded themselves at the facility. The suspects face charges for burglary, possession of burglary tools, malicious destruction of property, and being an accessory to burglary. They are incarcerated on bail at the Lyon County Jail.

Nevada burglary law makes it a category B felony to enter a building or vehicle with the intent to commit a felony or assault or battery inside. A person may be convicted of battery even if he/she didn't break into the building or structure. Note that it is not considered burglary if a person enters a building or structure without any intent to commit a crime inside, even if he/she then forms the intent while inside.

Continue reading "Five Arrested for Breaking into Nevada Prison" »

The suspect in the February 21st Strip shooting has been transferred from a Los Angeles jail back to Las Vegas. He has been accused of shooting another man on the Strip, which directly led to a fatal taxi cab crash. The suspect is now in custody at the Clark County Detention Center.

The Clark County Detention Center is located in downtown Las Vegas at 330 South Casino Center Drive, across the street from the Regional Justice Center. The information line is (702) 671-3900. Las Vegas jail officials carry pepper spray but not guns. There are surveillance cameras in every room except for showers and single-person cells.

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Last week the Nevada Supreme Court delivered an important advance opinion clarifying how courts should deliberate double jeopardy claims. This ruling stems from a district court case where the jury acquitted the defendant on lewdness with a minor but deadlocked on the related charge of the Nevada crime with sexual assault. Las Vegas Defense Group, which represents the defendant, persuaded the Nevada Supreme Court that the district court abused its discretion when deliberating whether the defendant was a victim of double jeopardy.

The Nevada crime of sexual assault (rape) occurs when someone has sexual penetration with someone else against his/her will or when he/she is too incapacitated to legally consent. The most common defenses to this crime are that the victim consented or that there's insufficient evidence to prove the rape charge. People suspected unwanted sexual touching that falls short of rape may instead be charged with the Nevada crime of open and gross lewdness.

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Last week a 19-year-old woman and a 30-year-old woman were charged with attempted murder, conspiracy to commit murder, and the Nevada crime of burglary. Last month the women allegedly burglarized a home when they were surprised by the occupant's father, whom one of the women reportedly then shot. They also face theft charges for another unrelated incident.

The Nevada crime of burglary is a very specific offense that's defined as the entry into any structure or vehicle with the intent to commit a felony, larceny, assault, battery, or obtaining money by false pretenses inside the structure or vehicle. It is not considered burglary to enter a home with no intent to commit an offense even if the person then decides to break a law while inside. Note that a person may be convicted of burglary even if he didn't have to "break in" in order to enter the structure or vehicle.

Continue reading "Two Women Charged with Attempted Murder in Las Vegas" »