Las Vegas Criminal Defense Blog

Former NFL offensive lineman Ross Verba was recently charged with three counts of writing bad checks (NRS 205.130) to the Palms in January of last year. He’s allegedly run up $26,000 in unpaid casino markers, which are treated as bad checks in Nevada. He was arrested last week in Phoenix.

Casino markers are loans that Nevada casinos allow patrons to borrow for short periods of time, usually ten to thirty days. Most people mistakenly believe that unpaid casino markers is a civil matter. But if the markers are not paid back in time, casinos will report it to the DA, who will then issue a warrant for your arrest for breaking NRS 205.130.

The DA will usually dismiss charges for NRS 205.130 if you pay them back, even over a long period of time as part of a payment plan. However, failing to pay back casino markers of over $250 dollars is a felony, carrying up to four years in prison, $5,000 in fines and full restitution.

A seventy-four year old man from Reno was booked this past weekend into the Washoe County jail for breaking Nevada DUI law. He’s also under suspicion for failure to use due care, a hit and run property accident as well as failing to report.

Troopers arrested the driver at his apartment, where he initially denied involvement in the accident. He reportedly admitted to drinking and failed the field sobriety tests.

Nevada DUI Law makes it an automatic misdemeanor to drive with a blood alcohol level of .08 or more. But even if your BAC is less, you can still be convicted of DUI if the state can show that alcohol impeded your ability to drive. Nevada DUI law makes a third DUI offense in seven years a felony, carrying up to six years in prison.

Last week, the Academy of Human Development on 235 N. Eastern Ave. presented a seminar on road safety to Hispanic residents. In addition to learning about Las Vegas DUI law, attendees watched demonstrations on seat belt use and other safety measures and were encouraged to take extra care during the holidays. Yvonne Griebling of the Academy explained, “Some Latinos don’t like to wear seat belts or have car seats for their children because it’s their culture. We are trying to emphasize and push the fact that the law is not the same here.”

Every hour, two people die in a drunk driving accident, and every minute, one person is injured, according to Sandy Heverly of STOP DUI. She said that the holidays are a time to be extra careful about not breaking Las Vegas DUI Law: “We see a significant increase in DUIs through Jan. 1.”

Las Vegas DUI Law makes is a misdemeanor to drive under the influence of drugs or alcohol. Penalties include fines, DUI School, a victim impact panel, and jail time that can usually be suspended. Community service can usually be done in place of fines.

Three suspects, ages seventeen to twenty, have been arrested for allegedly murdering Las Vegas police officer Trevor Nettleton last week. Authorities believe the incident was an attempted robbery but where the suspects came away with nothing.

The suspects will probably be charged with Nevada murder with a deadly weapon, conspiracy to commit robbery and attempted robbery with a deadly weapon (NRS 200.380). Police also suggest that the gang enhancement charge be added. They’re currently in custody at the North Las Vegas detention center.

NRS 200.380 defines robbery as the unlawful taking of personal property from someone else by means of force or fear of injury. NRS 200.380 is a category B felony, punishable by two to fifteen years imprisonment. For the deadly weapon enhancement, the judge can increase the sentence by up to twenty years as long as the added time does not exceed the underlying sentence.

Gregory Thomas has been arrested and jailed for allegedly leaving a threatening voicemail earlier this month to Boulder City Manager Vicki Mayes. He reportedly said in the message that he’d rape and murder Mayes, kill her husband, and kill anyone who prevented him from attending the November 10 City Council meeting.

After Thomas’s arrest, he reportedly told police that he was frustrated with the city manager after failing to secure affordable housing in Boulder City. He was charged with harassment and two counts of possessing drug paraphernalia in Nevada (NRS 453.566). He was booked in the Henderson Jail on $250,000 bond.

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Last week, Henderson resident Amanda Werber pleaded guilty to child endangerment and breaking Nevada reckless driving law (NRS 484.377) for a rollover crash on Super Bowl Sunday that injured two people. She was originally charged with driving under the influence. District judge Elissa Cadish gave her a suspended sentence of five years and a $2,000 fine.

NRS 484.377 defines reckless driving in Nevada as the willful disregard of the safety of persons or property while operating a motor vehicle. Reckless driving also comprises unauthorized speed contests on public highways.

Continue reading " Henderson Woman in Super Bowl Sunday Crash Pleads to Reckless Driving " »

Las Vegas Police submitted a report to prosecutors recommending that criminal charges be brought against doctors allegedly responsible for the unsafe injection practices leading to the Hepatitis C outbreak over two years ago. Las Vegas criminal defense lawyer Michael Becker said, “This is a very complicated case, so charges still may not come for a while, if ever.”

In the report, exceeding 10,000 pages in total, police recommended bringing various charges, including criminal neglect of patients, a felony carrying one to six years in prison. Las Vegas criminal defense lawyer Michael Becker said, “It’s likely the case will be taken to a grand jury because there is so much evidence involved.”

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Conan Pope, who killed his abusive dad when he was fifteen, appeared before the state Pardons Board in the hopes for a pardon that would allow him to join the military. Although he served six years for breaking Nevada voluntary manslaughter law, he hasn’t been able to get a decent job due to his criminal record. Although two Nevada Supreme Court justices took his side, the Board denied his request for a pardon.

Working against Pope’s favor are his past heroin abuse as well as the Board’s determination not to send a message that it’s okay for children to kill abusive parents. Deputy District Attorney Chris Owens said, "There are other youth out there with bad parents, but they don't shoot them.”

Nevada voluntary manslaughter law concerns homicides whereby the alleged killer was seriously and highly provoked to inflict injury (by being injured him/herself) or intended only to commit serious personal injury and not death. Nevada voluntary manslaughter law makes the crime a category B felony punishable by one to ten years in state prison and maybe a $10,000 fine.

Two brothers were arrested this week for breaking Nevada homicide law in connection with the killing of an elderly man, who was found dead on Saturday in his condo. Both face first-degree murder charges, and they’re being detained without bail.

Nevada homicide law distinguishes between first and second degree murder. First degree murder is homicide committed with malice aforethought or in the perpetration of a felony. Second degree murder is all other kinds of murder.

Nevada homicide law mandates either death, life imprisonment, life imprisonment with the possibility of parole after 20 years, or 50 years imprisonment with the possibility for parole after 20 years. Second degree murder is punished by either life with the possibility of parole after 10 years, or 25 years imprisonment with the possibility of parole after 10 years. The state cannot impose death unless at least one aggravating factor is found that is not outweighed by mitigating factors.

Last week, a Boulder City woman who crashed her car in August, resulting in the death of her husband riding in the passenger seat, was arraigned for involuntary manslaughter, reckless driving and breaking Nevada DUI law. The preliminary hearing is set for January.

The couple was driving home from work when the Dodge truck went off the road and rolled over. The husband wasn’t wearing his seat belt, but the wife was and sustained only minor injuries. She allegedly admitted to police they she had been drinking.

Continue reading " Boulder City Woman Crashes Car, Killing Husband, Charged with DUI " »

On Thursday morning, an elderly man fended off several home invaders who kicked in the front door of his house near the intersection of Rancho and Vegas. After the intruders allegedly attacked the homeowner, he grabbed his gun and shot at them. One died and the rest fled the scene.

NRS 205.067 makes it a crime to forcibly enter an inhabited dwelling without permission of the owner or occupant. It makes no difference whether or not there is someone in the house at the time of the alleged invasion.

Anyone convicted of NRS 205.067 faced a category B felony, carrying one to ten years in state prison and maybe a $10,000 fine. If the suspect has previously been convicted of NRS 205.067 or burglary, they may not be granted a suspended sentence or released on probation. And if the suspect had in his/her possession a deadly weapon at the time, the sentence range is increased from two to fifteen years.

On Wednesday, Las Vegas police raided six different locations as part of an investigation into last year’s alleged stabbing of two Mongol members by rival Hells Angels members. The search warrants are sealed, and no arrests were made. The Mongols and Hells Angels have a long history of violence, including a deadly gun-battle at the 2002 Laughlin River Run.

Police may eventually press charges for attempted murder in Nevada. First degree murder includes instances of premeditated killing and felony murder. Second degree murder includes all other kinds of homicide, including attempted murder in Nevada.

Attempted murder in Nevada may result in a sentence of twenty-five years to life in prison, with the possibility of parole after 10 years. An additional twenty years may be added if the victim was over age sixty, and another additional twenty years may be added if the alleged perpetrator used a deadly weapon.

On Saturday, the Foundation for Recovery awarded Las Vegas Municipal Court Judge Cedric Kerns the 2009 Community Partner Award for his efforts in advancing Habitual Offender Prevention and Education Court (HOPE). The honor took place during a benefit at the Canyon Gate Country Club.

The purpose of HOPE is to help cure, as opposed to punish, people struggling with drug and alcohol addictions that often lead to various crimes, including the breaking of Las Vegas DUI law. This kind of “alternative sentencing” incorporates education programs, substance abuse treatment, and vocational training.

Las Vegas DUI law criminalizes the act of driving while drunk or high. Even if they’re seemingly in control of their faculties, drivers are automatically considered to be breaking the law if their blood alcohol content is .08 or greater. Las Vegas DUI law provides harsh punishments even for first-time misdemeanor offenders, including fines, a victim impact panel, DUI School and up to six months in jail (that can usually be suspended).

Las Vegas criminal defense lawyer James "Bucky" Buchanan died Saturday night after suffering a medical episode while backing his car out from his driveway, causing him to rear end it into a wall. Autopsy reports are pending. No one else was hurt.

A graduate of the U.S. Naval Academy, Mr. Buchanan has long been considered a legendary Las Vegas criminal defense lawyer. He's defended clients in several high-profile cases, including the Ted Binion murder trial. At the time of his death, he was defending Roger Mayweather, trainer for boxer Floyd Mayweather, on felony coercion and battery-strangulation charges.

In his spare time, Mr. Buchanan traveled to Africa for big-game hunting. He's starred in a 12-part Court TV reality show called "Las Vegas Law," and was working on another reality show tracking his dual life as an attorney and hunter.

Las Vegas criminal defense lawyer Bucky Buchanan was 74 years old.

Washoe County police have seen a rise in people breaking Nevada DUI law by abusing prescription medication. They estimate that as many as one in three of their DUI arrests stem from the driver being impaired from prescription medication. Reno police Lt. Dave Evans describes how people forget that Nevada DUI law can be broken by prescription drugs: “The biggest issue is people have to make sure that whatever they take will allow them to still function. It really requires effort on the driver to make sure they can operate safely and within the law.”

In recent weeks, Reno police have reported several DUIs resulting from prescription meds: One man was arrested in Sun Valley who had taken anti-depressants and sleeping pills, and a woman crashed into a school bus after taking Xanex. Reno police Officer Ronald Ahrens described how one motorist had crashed after taking a “prescription cocktail:” “He got out staggering like a drunk, but he had no alcohol on board.”

Nevada DUI law makes it a misdemeanor to operate a motor vehicle while impaired by drugs or alcohol. However, a third DUI in seven years is charged as a felony. DUIs causing injury or death is also charged as a felony.

Nevada’s “12 Hour Hold Law” allows police to keep people arrested for DUI in custody until they’re no longer under the influence. If they were drunk, police may wait until their BAL reaches .04 percent. If they were high, police can hold them for twelve hours.

NRS 484.379 criminalizes drivers who operate a vehicle while drunk or high. If a cop suspects you of being in violation of NRS 484.379, he/she may pull you over, ask you questions, and request you perform various field sobriety tests. These tests involve examining your eyes and asking you to walk in a straight line and balance on one foot.

If you’re convicted of violating NRS 484.379 for the first time, you can usually get the six month jail sentence suspended. But you’ll also face fines, a suspended license, DUI School, and a victim impact panel. Punishments become harsher with each successive DUI.

Nevada law imposes civil liability on people if they’re found to have supplied alcohol to an underage drinker who proceeds to have a car accident. Sandy Heverly, executive director of Stop DUI, has said, "Some of these adults believe they are putting those kids (underage drinkers) in a safe environment. But in reality what they're offering is a false sense of security."An estimated thirty percent of teens are given alcohol by parents or guardians.

NRS 484.379 prohibits drivers from operating a vehicle in Nevada while they’re drunk or high. Anyone found to be driving with a blood alcohol content of .08 or more is automatically presumed to be in violation of NRS 484.379 and subject to DUI charges.

People convicted of breaking NRS 484.379 for the first time face misdemeanor penalties (assuming no one was injured). Typical punishments include fines, probation, a suspended drivers license, and DUI school. Jail time can usually be avoided.

Las Vegas deputy fire chief Richard Gracia has been charged last week with two counts of breaking Nevada domestic battery law. He allegedly grabbed his wife’s wrist and shoved his teenage daughter into a hallway wall. He’s been placed on administrative leave.

Nevada domestic battery law comprises assaults, batteries, or harassment cases between spouses, romantic partners, roommates, or family members. A first or second offense is a misdemeanor, carrying up to six months in jail, domestic violence counseling, community service and fines. A third offense is a category C felony, punishable by up to five years in Nevada State prison. Immigrants and other non-citizens may be deported for domestic violence convictions.

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Eighty-six-year-old Joseph Woods has been charged with killing his wife, Kay Woods, as part of an apparent murder-suicide pact. After allegedly shooting her in the shoulder, he shot himself in the abdomen but did not die, and he’s currently in a nursing home receiving medical care.

Nevada murder law distinguishes between premeditated murder or felony murder (first degree) and other kinds of murder (second degree). Nevada murder law makes first degree murder a category A felony punishable by death, a life sentence, or a fifty-year sentence with the possibility of parole after twenty years. Second degree murder is also a category A felony, punishable by twenty-five years to life, with the possibility of parole after ten years.

Nevada murder law prohibits capital punishment unless the jury finds at least one aggravating factor that is not outweighed by mitigating factors. Examples of aggravating factors include if the suspect has committed murder or another violent felony in the past, if the suspect committed the murder in exchange for money, or if the victim was a police officer.

Last week, Las Vegas Metro shot local attorney Raymond James Duensing several times in the back and arm after he tried to flee from a traffic stop. Police ordered him to exit his vehicle after a records check showed that there was an arrest warrant out for him. When Duensing ran away and reached for a folding knife, police tased and fired at him.

Duensing was booked “in absentia” at the Clark County Detention Center. In the meantime, he’s receiving medical care at the University Medical Center, where his room is guarded by police. He’s expected to make a full recovery.

The Clark County Detention Center (or CCDC) is where most people are booked if they’re arrested in Las Vegas. (People arrested inside the municipal boundaries of Las Vegas are booked at Las Vegas City Jail.) The Clark County Detention Center is located in downtown Las Vegas at 330 South Casino Center Drive, and its main phone number is (702) 671-3900.