Las Vegas Criminal Defense Blog

In an effort to prevent DUI-related accidents this Halloween weekend, seven Southern Nevada law enforcement agencies are strategically increasing their presence in various locales including U.S. 95 between Boulder Highway and Cheyenne, Interstate 15 from Sahara to St. Rose Pkwy, and the Strip. Participating troopers come from the Nevada Highway Patrol as well as police from Lincoln, Nye and Clark Counties. In addition to searching for drivers allegedly breaking Las Vegas DUI law, law enforcement will be on the lookout for drivers who are speeding, making illegal turns, and violating child safety rules.

Over the past three years, fatal accidents resulting from drivers breaking Las Vegas DUI law has dropped considerably. In 2009, such “Joining Forces” events between various law enforcement agencies have resulted in 1,134 DUI arrests, nearly 50,000 citations, and more than 15,000 warnings.

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North Las Vegas police are seeking a thirty-two year old male on suspicion of breaking Nevada home invasion law and four peeping Tom incidents. According to authorities, he entered a residential backyard and then spied on women through windows. On two occasions, he allegedly also tried to break into the home by opening a sliding glass door.

Nevada home invasion law makes it a category B felony to forcibly enter a home without permission. It does not matter whether the incident takes place during daylight or not, or whether someone is in the home at the time of the invasion. Someone convicted for breaking Nevada home invasion law faces one to ten years imprisonment and maybe a $10,000 fine (and if the suspect has a deadly weapon, the sentence is raised from two to fifteen years).

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Nevada resident Dean Johnson recently started a company, called “Never Drive Drunk,” designed to prevent traffic accidents by providing transportation to intoxicated people. He said during an interview, “You give us a call, we give you and your car a ride home so you don't get a DUI." Last week, however, Johnson was arrested for just that—Nevada felony DUI.

One of the reasons Johnson started the company was his own past trouble with driving under the influence—if he’s convicted for this latest episode, it will be his fourth DUI in seven years, which means he’ll be charged with Nevada felony DUI. Representatives from MADD have branded Johnson a “hypocrite.”

Nevada felony DUI carries one to six-years in prison, fines of $2,000 to $5,000, and a three-year drivers license suspension. In addition, defendants are ordered to attend a victim impact panel and to install a breath interlock device in their car.

The Nevada Supreme Court just rejected the appeal of an Illinois citizen, who was given the maximum sentence for a Nevada felony DUI back in 2007. The defendant argued that Nevada was wrong to consider his previous Illinois DUI conviction when charging him because of the differences between the state laws. Had it not been for the Illinois case, he would’ve been charged with only a misdemeanor and not Nevada felony DUI.

In rejecting the appeal, the Nevada Supreme Court explained, “The record reveals that despite the disparity in the sentencing schemes, the Illinois statute [the defendant] was convicted under prohibits the same conduct prohibited [in Nevada].” In total, the defendant had nineteen prior felony convictions, including four that were related to driving under the influence.

A third drunk driving conviction within a seven-year period is charged as a Nevada felony DUI, carrying one to six years imprisonment and fines ranging from $2,000 to $5,000. Drivers licenses may be suspended for three years, and a breath interlock device may be installed in the defendant’s car.

The Office of Criminal Justice Assistance granted $350,000 to Carson City, Lyon County and Douglas County to create a regional initiative to prevent gang crimes in Nevada. Carson City Sheriff Kenny Furlong explained that having a three-county team will help control the growing gang issues plaguing the area: “The grant acknowledges that gangs do not recognize our county lines. They often live, function and create discord in many different areas at the same time . . .This characteristic requires intense multi-agency cooperation and communications.”

The grant is just another step in northern Nevada's crackdown on gang crimes in Nevada. In 2007, Carson City created two deputy jobs devoted to combating street level drugs. The following year, the team was expanded to four people. Carson City also received a grant of nearly $30,000 to create the Edward Byrne Justice Assistance Program. Part of this new grant will go to secondary school prevention classes and enabling the three counties to share information.

Gang crimes in Nevada can result in hefty penalties and devastating consequences for non-citizens, who may be deported for many gang-related activities.

On Wednesday, two men were booked into the Washoe County Jail for allegedly violating Nevada child pornography law. One man is listed as a Tier-2 sex offender, and police say he posed as a 13-year-old girl on MySpace in search of underage girls to befriend.

Nevada child pornography law makes a first offense of child porn possession (depicting children under sixteen) a category B felony, carrying one to six years imprisonment. A second offense is category A, punishable by a year to life (with the possibility of parole). Judges also have the discretion to order a fine of $5,000.

Nevada child pornography law metes out harsher punishment for advertising child pornography. A first offense is also a category B felony, but its sentence range is one to fifteen years and/or a $15,000 fine.

A nineteen year old was recently arrested for breaking Nevada DUI law after he allegedly drove his Honda Accord into the path of a Dodge Ram pickup, killing the driver instantly. The teen was charged with driving under the influence of alcohol with a death and a felony count of reckless driving with a death.

Nevada DUI law makes driving under the influence a misdemeanor as long as no one gets hurt. But a DUI with injury or death is a category B felony, with punishment ranging from two to twenty years in prison and fines ranging from $2,000 to $5,000.

Nevada DUI law also restricts prosecutors from plea-bargaining too much unless the evidence is ostensibly weak. But because the suspects presumably meant no harm, they will usually be segregated from more violent offenders in prison.

Nevada DUI laws make a third DUI in seven years a felony, carrying at least a year in prison. But since 2007, third-time offenders have had the choice to go to DUI Court instead, a rigorous rehab program. In Douglas County, half of the participants have been successful and had their felony DUI convictions reduced to gross misdemeanors.

The Nevada DUI Diversion program mandates three-to-five years of close supervision, six months of house arrest, electronic monitoring, drug and alcohol counseling, a Sobrietor breath tester hooked up to their home phones, searches and seizures which are unannounced, and biweekly court appearances. If a participant is found to be in violation of the terms, Nevada DUI laws require him/her to spend a month in jail, and a second offense removes the participant from the program completely and puts them in prison. And if a participant is convicted of a DUI after completing the program, it’s counted as a fourth drunk driving offense, with Nevada DUI Laws mandating two-to-fifteen years in prison.

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A middle-aged Reno man has been arrested for breaking Nevada DUI law for the third time in seventeen days. His bail was raised to $25,000. Furthermore, the judge ordered that the bail be paid in cash in lieu of the customary practice of posting a ten percent bond.

Nevada DUI law prohibits operating a motor vehicle while drunk or high. Even if you're driving safely and seem sober, Nevada’s “per se” law makes it illegal to drive with a BAC (blood alcohol content) or BAL (breath alcohol level) of .08 or more.

Once you’re pulled over by a cop suspecting you of breaking Nevada DUI law, you may be asked to perform some “field sobriety tests,” including standing on one foot, walking in a straight line, and following a close, moving object with your eyes. Beware that Nevada’s “implied consent” law mandates you submit to a breath or blood test if the cop asks for it.

As the economy continues to flounder in Nevada, crimes against its casinos have gone up. This year, gaming board agents have arrested nearly four hundred people for crimes associated with gambling and casinos when last year, there were less than three hundred. Las Vegas criminal defense lawyer Michael Becker says, “If the numbers are true, then it’s very strange because law enforcement has been given increased funding to fight theft crimes.”

One example of a recent casino crime-related arrest concerned a man who allegedly took advantage of a Silverton slot machine glitch, which permitted him to multiply by ten the cash he inserted into it. But, as Las Vegas criminal defense lawyer Michael Becker explains, “A lot of these crimes are allegedly being committed by casino employees themselves.” Recently, Planet Hollywood supervisors were arrested for stealing another person’s winnings after falsifying payout forms, a Caesars Palace ticket writer was arrested for stolen chips, and a River Palms craps dealer allegedly pocketed chips as well.

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Today, the attorney for one of the Honolulu police officers arrested in August for breaking NRS 453.336 (Nevada simple marijuana possession law) pleaded not guilty on behalf of his client. The cop was also charged with resisting arrest, obstruction of justice, and possession of drug paraphernalia.

NRS 453.336 makes it a crime to possess any quantity of marijuana for personal use. If you’re convicted of possessing one ounce or less, the penalties are relatively lenient for a first and second offense, which are just misdemeanors. A third offense is a gross misdemeanor, and a fourth is a category E felony.

However, if you’re convicted of possessing more than one ounce of pot, NRS 453.336 makes a first offense a category E felony. However, if you’ve never been convicted of drug crimes before, a good lawyer can secure you a suspended sentence and probation.

A couple in Carson City was arrested last week after they allegedly locked a five-year old boy and a three-year old boy in a boarded-up bedroom for an extended period. The five-year old had black eyes and the three-year old had an infected wound on his face. The boys are now in protective custody.

The couple was charged with felony child abuse with substantial bodily harm, false imprisonment, and with breaking Nevada child neglect, abuse and endangerment laws (NRS 200.508). Child abuse occurs when a person causes someone under eighteen to endure unjustifiable physical or mental pain.

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Patricia Solis, who was charged with breaking Nevada felony DUI law last year, is still at large after bonding out. A bench warrant was issued early this year, though it is believed she may have returned to her home country of Nicaragua.

On November 8th, 2008, Solis allegedly crashed her truck into Rosalyn Gilson’s car while under the influence of drugs. Gilson died instantly. Later tests showed Solis to be high, and a search of her car uncovered bottles of morphine and hydrocodine.

Nevada Felony DUI law covers automobile accidents where a driver under the influence of drugs or alcohol causes death or substantial bodily injury to someone else. The penalties for breaking Nevada felony DUI law include two to twenty years in prison and a fine of $2,000 to $5,000.

On Saturday, Joshua Salayich was booked into the Henderson jail for breaking Las Vegas DUI law by allegedly driving drunk and hitting Utah resident Jeremy Kunz, who was running a relay race at the time. Kunz passed away at the scene.

Las Vegas DUI law makes drunk driving an automatic felony if it causes death in another person. It carries two to twenty years in prison and a fine from $2,000 to $5,000.

When no death or substantial bodily harm occurs during a drunk driving incident, Las Vegas DUI law classifies the offense as just a misdemeanor with a maximum six-month jail sentence. But a third or subsequent DUI offense within a seven-year time span is chargeable as a felony, carrying one to six years in prison.

Hollis Sallahudin, a corrections officer at North Las Vegas Detention Center, was arrested for allegedly trying to help an inmate escape from the jail. She’s been placed on paid administrative leave and was charged with aiding a prisoner to escape and forgery by tampering with computerized data.

Aiding a prisoner to escape (NRS 212.100) with the use of a deadly weapon is a category B felony in Nevada, carrying one to six years in prison and maybe a $5,000 fine. Where no deadly weapon is used, as seems to be the case in Sallahudin’s case, it’s a gross misdemeanor, carrying up to a year in jail and maybe a $2,000 fine.

North Las Vegas Detention Center is a large jail with nearly 1,000 beds. In addition to holding inmates arrested for misdemeanors in North Las Vegas, the North Las Vegas Detention Center also houses inmates from the Federal Bureau of Prisons, the Immigration and Naturalization Service, United States Marshal Service, and overflow from the Clark County Detention Center.

On Monday, former Houston Astros pitcher Shawn Chacon was arrested for breaking Las Vegas casino marker law—he allegedly racked up $150,000 worth of unpaid casino markers at Caesar’s Palace in March. He was originally apprehended in a Colorado Bowling Alley and booked at the Weld County Jail. His bail was set at $165,000.

Las Vegas casino marker law treats unpaid casino markers like bad checks. Any unpaid casino marker of $250 or more is chargeable as a category D felony, carrying one to four years imprisonment and a $5,000 fine, plus the amount of the unpaid markers.

If the marker is for under $250, Las Vegas casino marker law treats it as just a misdemeanor, carrying up to six months in jail and a $1,000 fine (plus the amount of the marker). However, if someone’s been convicted of three such misdemeanors, a fourth conviction is automatically a felony.

Two weeks ago the Nye County Sheriff’s Office unearthed a possible forgery ring in Pahrump, resulting in sixteen arrests. More than a dozen other people are wanted for questioning.

The alleged mastermind of the ring, Lamont Harris, has been charged with 170 criminal counts. Thirty-four are for breaking forgery law in Las Vegas. Other charges include obtaining money under false pretense, burglary, and conspiracy to commit a crime. He’s in custody on $850,000 bail.

Harris allegedly broke forgery law in Las Vegas by defrauding payday loan companies. He supposedly forged social security disability income award letters and instructed other participants in the ring to get loans against the letters.

Forgery Law in Las Vegas prohibits faking or altering a document, signature, etc., for the illegal benefit of the person making the forgery. Most forgery laws in Nevada are punishable as a category D felony, carrying one to four years in prison and maybe a $5,000 fine, plus restitution.

Starting this month, Nevada DUI law requires everyone convicted of a DUI to attend a live victim impact panel. This is prompting more rural areas of Nevada, which have formerly relied on DVD recordings of panels, to search for DUI victims and families of DUI victims willing to share their stories.

Currently, live victim impact panels exist in and around Clark County, Reno and Carson City. But many people convicted of DUIs also lose their licenses and cannot afford transportation to these cities. In response to Nevada DUI law, Incline Village, Nevada, is now in the process of forming the Tahoe DUI Education Program to establish live victim impact panels.

In order to become a panel member in the Tahoe program, you or someone close to you had to have been injured in a DUI. In addition, you have to want to help people not to become repeat offenders. Panels will include two or three people and will meet three or four times a year, as early as this January.

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Eric Alpert, a former real estate agent, was arrested by North Las Vegas Police for renting homes he didn’t own. He was charged with committing theft, obtaining money under false pretenses, forgery, as well as Las Vegas burglary law. After posting bond on $190,000 bail, he was released on Friday.

Alpert allegedly found abandoned or foreclosed properties, cleaned them, changed the locks, and rented them to people who had no knowledge of the false ownership. In all, he misused about twenty homes in Las Vegas. Records show that he filed actions to quiet title on properties, and if the owner never contested, he received the title.

Las Vegas Burglary Law (NRS 205.060) is the entry into any building or car with the intent to commit a theft crime, assault, battery, or any felony. You don’t have to forcibly enter the building or car to break Las Vegas Burglary law—you can enter through an unlocked or open door or window. However, “breaking and entering” allows the jury to infer that you had “burglarious intent.” (NRS 205.065).

Former Boulder City Councilwoman Karla Burton, who agreed to enter the Moderate Offender Program after pleading guilty to driving under the influence back in February 2007, failed a Breathalyzer test during her first appearance in the program. Las Vegas DUI laws prohibit a blood alcohol level (BAC) of .08 or more, and Burton’s test showed a level of .115.

Since the terms of the plea deal prohibited Burton from drinking, Judge Oesterle sentenced her to twenty-five days in jail for contempt of court. But later in the day, Burton’s lawyers successfully persuaded the judge to give her one more chance, and she was released on house arrest.

During Burton’s house arrest, Las Vegas DUI laws require her to wear a GPS anklet and a SCRAM anklet, which monitors alcohol usage. A breath interlock device has also been attached to her car. If Burton doesn’t meet the rest of the requirements for her plea deal, she faces the twenty-five day sentence plus a six-month suspended sentence.

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A new Clark County ad campaign plays on recession fears to motivate drivers into following Las Vegas DUI laws. The Safe Community Partnership, which spearheaded the ad, hopes to make people realize that it’s cheaper to call a cab or have a designated driver than to pay the consequences for a DUI. The ad, which parodies Mastercard commercials, will read: "A beer: $2.50. A margarita: $4.50. A DUI: $13,000. A designated driver: Priceless."

The $13,000 figure is an estimate of what each DUI arrest costs the community as well as the suspect: Las Vegas DUI laws require alleged offenders to pay hefty fines, attend a victim impact panel, and maybe stay in jail for an extended period. And the $13,000 doesn’t even take into account damage to property or bodily injury.

The ad will appear at sixty bus stops around Clark County and in several bars.

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Last week police arrested nineteen-year-old Matthew Andrews for sexual assault in Las Vegas after he allegedly molested children at his mother's day care facility. Currently, Andrews is charged with the sexual assault in Las Vegas of three children. Police are now asking all parents who left their children there to question them to see if they were possible victims.

Holly Andrews, the mother of the suspect, has not been charged at this time. Police claim there's currently no indication that she knew of her son's alleged behavior.

Police are also urging all parents who use day care facilities to take precautions, such as dropping in unexpectedly once in a while to see what's going on there as well as to talk to their children about what they do there.