Las Vegas Criminal Defense Blog

Last week a Reno resident was arrested for allegedly breaking Nevada burglary law. The resident reportedly pulled a gun on a homeowner in attempt to gain access to the house. The homeowner managed to call 911, and a suspect was arrested shortly thereafter.

Nevada burglary law makes it a crime to enter any building or car with the intent to commit larceny, battery, assault, or any other felony once inside. Burglary does not require breaking and entering—one can still be convicted of burglary if he/she gained entrance through an open door or is even invited inside. However, a forced entry does allow the jury to infer that the suspect had burglarious intent.

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Last week, a good Samaritan in Reno alerted police to two men he witnessed allegedly breaking Nevada grand larceny law. The suspects were reportedly trying to steal a car when the witness reported him to the authorities. The men fled but were arrested shortly thereafter on suspicion of resisting officers and breaking Nevada grand larceny law.

Sgt. Colby Palmer praised community vigilance in helping the police do their job: "We have had several occasions in the past several months where an alert and concerned citizen has promptly called police with their observation of suspicious activity. This has allowed police to respond with detailed and accurate information and ultimately arrest the suspects involved."

Nevada grand larceny law makes it a crime to intentionally steal another person’s property valued at $250 or more. If the value is less than $2,500, it’s a Class C felony carrying one to five years in prison and a $10,000 fine. If the value is $2,500 or more, the maximum prison sentence is raised to ten years.

A DUI checkpoint in Sparks last week resulted in three arrests for breaking Nevada DUI law. Officers from the Nevada Highway Patrol, Reno, Carson City and the counties of Reno, Storey, Lyon and Washoe together screened over two thousand vehicles. They conducted twenty-six field sobriety tests and issued more than fifty citations for various violations, including seat belt and car seat issues, lack of insurance and registration and licenses.

Nevada DUI Law makes it a misdemeanor to drive drunk or high. But a third DUI arrest in seven years is a felony (though defendants may be able to avoid conviction by completing a Nevada DUI Diversion Program). If the incident resulted in injury or death, it’s charged as a felony as well.

If a police officer pulls you over on suspicion of breaking Nevada DUI Law, he will ask you to produce your license, insurance and registration and will ask you some other questions, including if you had anything to drink. If the cop still suspects you of DUI, you’ll be asked to perform various field sobriety tests (such as balancing on one foot), and you may elect to take a breath test or a blood test.

Last week, a Laughlin man was arraigned for two felonies, bringing his total to nine: He now faces charges for kidnapping, armed robbery, aggravated assault and first degree burglary, amongst others. The indictments stem from an alleged home invasion robbery in Bullhead City back in August.

The defendant’s trial is now set to begin February 23rd, and his case was severed from that of five other co-defendants. The defendant has already served six years for a 2002 armed robbery, and he was released this past April. During this recent alleged home invasion, friends of the victim spotted the crime through the window and recorded the suspects’ license plate, which helped authorities identify them.

People arrested in Laughlin are typically booked at the Laughlin Jail initially. However, the Laughlin Jail is merely a holding facility, with inmates staying there for rarely more than two days before being transferred to the Clark County Detention Center. Unlike most detention centers, Laughlin Jail does not provide uniforms, trust accounts (“books”) or commissary privileges to its inmates.

A teacher at Las Vegas Academy has recently been arrested for alleged inappropriate behavior with a student. Reports are that the incident happened one time and on school property, but police are looking to see if there could have been other victims. Lieutenant John Bradshaw from Metro's Sexual Assault Detail gave the following advice to parents of students there: “[S]it down and speak with your children and see if they had Mr. Hoffman as a teacher, and be inquisitive about if anything happened inappropriate with them, and if they did, notify the sexual assault detail as soon as possible.

The teacher was charged with coercion and three counts of breaking Nevada open or gross lewdness law. A first offense for breaking Nevada open or gross lewdness law is a gross misdemeanor, carrying up to a year in jail and a $2,000 fine. Subsequent offenses for breaking Nevada open or gross lewdness law are category D felonies, carrying one to four years in jail and maybe a $5,000 fine.

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Police arrested a senior citizen last week for breaking Nevada property damage law by allegedly throwing paint on the “Welcome to Fabulous Las Vegas” sign on the Strip. Police say he was caught on tape before being booked into Clark County Detention Center on misdemeanor charges for property damage. He had told the AP he was planning a demonstration on health care.

Nevada property damage law makes it a misdemeanor to remove, alter or otherwise destruct monuments or landmarks designating boundaries. Misdemeanors are punishable by up to six months in jail and/or a $1,000 fine, and convicted defendants have to pay for repairing the damage as well.

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Solicitation for prostitution in Las Vegas traditionally occurs through yellow page ads and billboards touting escort services and massage parlors. But recently, Craigslist has become the new frontier for breaking Las Vegas solicitation law, and what's more, the law is barely being enforced. UNLV Criminal justice professor Alexis Kennedy observes, "It's this whole world of online brothels, but nobody is monitoring it anymore.”

Although Craigslist recently removed its “erotic services” section, prostitutes can still break Las Vegas solicitation law by posting paid ads under the “adult services” section. Kennedy, with the help of eight grad students, found that the vast majority of the “adult services” ads they analyzed appeared to be for escort agencies, included (702) phone number, and even specified prices for “services.” But as Lt. Karen Hughes, who heads the Las Vegas Metropolitan Police Department's vice section, explains, "Policing those venues has become very difficult . . . There are just very, very few resources that are dedicated to those types of operations . . . It's an insurmountable problem."

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This past weekend Las Vegas Police partnered with the Nevada Highway Patrol to conduct a DUI checkpoint on Boulder Highway and Sahara. It lasted from 7 p.m. Saturday night through 3 a.m. Sunday morning, and the purpose was to check for drivers breaking Las Vegas DUI law. The National Highway Traffic Safety Administration coordinated the checkpoint, which received some funding by the Nevada Department of Public Safety Office of Traffic Safety.

Las Vegas DUI law makes it a crime to drive under the influence of drugs or alcohol. Having a BAC of .08 or more is per se illegal, even if you’re operating the motor vehicle in a safe manner. If a cop pulls you over for suspected DUI, you’ll be asked some questions and may have to perform various field sobriety tests.

Penalties for breaking Las Vegas DUI law include DUI School, a victim-impact panel, fines and a six-month jail sentence (which is usually suspended). DUIs are misdemeanors unless it results in an injury, in which case the prosecutor will bring felony charges.

According to the Reno Gazette-Journal, almost half of the 113 motorists in Washoe County charged with breaking Nevada felony DUI law in the last ten years had previous arrests for driving under the influence. Nearly a quarter of those were arrested for DUI several times, and one of them was arrested for DUI again following his release from prison.

The average BAC for these arrestees breaking Nevada felony DUI law was .198, but some of these drivers’ BAC levels exceeded .3, which could be lethal to many people. Toxicologist Jeff Handler from Philadelphia explains, "The data says these people are not strangers to alcohol -- they're not casual drinkers. If you drink routinely, two beers doesn't do anything. If you're a chronic drinker, you adapt to the effects of alcohol" which results in higher BAC levels.

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Last week U.S. District Judge Kent Dawson sentenced Quinton Williams to seventeen years in prison for trafficking sex workers into Las Vegas. Back in March, a jury convicted him of transporting a female for prostitution, transporting a minor for prostitution, sex trafficking of children, interstate travel in aid of racketeering and money laundering. Williams was the first defendant that Nevada prosecuted under the federal Sex Trafficking of Children statute.

Williams was actually convicted of these sex crimes back in 2003, but the 9th Circuit ordered a new trial. He received a lengthier prison sentenced for the second trial because of his criminal history: He had three felony convictions in Illinois for controlled substance crimes and attempted robbery.

On the state level, Nevada pandering law prohibits the compelling of another person to engage in prostitution. Common names for the people who break Nevada pandering law are “pimps” and “madams.” But “johns,” the customers of prostitutes, are not considered panderers. The penalties for breaking Nevada pandering law are harsh, carrying felony sentences of several years imprisonment and several thousands of dollars. If children are involved or the alleged panderer used force, punishments are increased even more.

Last week twenty-six year old Rene Zambadajimenez was arrested for breaking Nevada murder law by shooting thirty-seven year old Ulises Mendez-Rodriguez near Route 157 and the 95. Reportedly, Zambadajimenez was driving with Mendez-Rodriguez before pulling over, at which point Zambadajimenez allegedly shot him five times with a 12-gauge shotgun. He then fled in the car, and Mendez-Rodriguez died shortly thereafter.

When police later executed a search warrant on Zambadajimenez’s apartment, they found the shotgun and some of Mendez-Rodriguez’s belongings. Zambadajimenez even reportedly admitted to the killing. Homicide Lt. Lew Roberts said the murder was drug related: “It was a fairly typical narcotic-related dope rip-off.”

Nevada murder law divides homicide into first and second degree. First degree murder involves cases where the perpetrator killed with malice aforethought or committed the killing while carrying out another felony. Second degree includes all other kinds of murder. Penalties for breaking Nevada murder law in the first degree include death, life in prison, or fifty years in prison, and the judge may also grant parole after twenty years.

The Nevada Revised Statutes don't prohibit licensed brothels from hiring male prostitutes, but state health codes outlining the procedures for the regular medical testing of brothel prostitutes have always pertained only to female sex workers, thereby implicitly barring men from the profession. But now, the language of the state health codes has been changed to include a urethral testing, thereby acknowledging that men as well as women may legally work as brothel prostitutes.

But even though state health codes now account for male sex workers, individual counties are still free to continue granting work cards only to females. Nye County Sheriff Tony DeMeo said Friday, “We're going to look at it. We have some concerns. We're going to have to deal with it at our other six brothels in Nye County if they want to offer the same service. We want to make sure we protect customers and make sure the industry is regulated with clarity and understanding." Ever since state health codes have been implemented over twenty-five years ago requiring that licensed brothel prostitutes be regularly tested, not one of them has contracted HIV.

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The Las Vegas non-profit company Designated Drivers, which provides drivers who’ve consumed alcohol a ride home, is in financial trouble. Not one of the 2,400 restaurants and bars Designated Drivers reached out to have offered to sponsor the non-profit, which offers its services free from December 18th to January 3rd. According to Designated Drivers, the last two years saw no DUI fatalities during the holiday season.

Las Vegas DUI Law makes it a misdemeanor to drive a car while under the influence of drugs or alcohol. Even if you’re driving well, you can still be convicted of breaking Las Vegas DUI Law if your BAC level is .08 or above. If you're pulled over on suspicion of DUI, the officer will ask you a series of questions and request that you perform field sobriety tests.

Breaking Las Vegas DUI Law is a misdemeanor as long as there was no accident or injury. Penalties include up to six months in jail (that is usually suspendable), fines, a victim impact panel, and DUI School. Las Vegas DUI Law makes driving under the influence a felony if someone gets injured.

Last week, the University Medical Center and Clark County Fire Department recreated a mock DUI crash in front of an audience of one hundred high school students from Legacy and Bonanza high schools. They even demonstrated using the “Jaws of Life” to open a car to rescue its dummy driver. The purpose of the event was to show the dire consequences of breaking Las Vegas DUI law.

The students also heard speeches from Gov. Gibbons and Mayor Goodman. UMC Trauma Center Medical Director John Fildes conceded that teen drivers aren’t the most likely to drive drunk but that it’s still important to impress upon them how breaking Las Vegas DUI law can be fatal: “We hope that we can stop this in this generation and eliminate it for the generations ahead of them.”

Las Vegas DUI law makes it a misdemeanor to drive while under the influence of drugs or alcohol. Penalties for a first offense include fines, a victim impact panel, DUI School, and up to six months in jail (that is usually suspended). Your driver’s license may be suspended for several months as well.

Last week an eighteen year old was arrested for breaking Nevada felony DUI law after allegedly failing to stop at a red light on Rainbow and Flamingo. His pickup collided with a smaller car that was making a left turn at a green light, killing the twenty-four year-old-driver. The teenage driver was not hurt, but his teenage passenger had to go to the hospital with minor injuries.

The teenage driver performed field sobriety test and registered a BAC of .142% (the legal limit is up to .08). He claimed to have taken four shots of alcohol prior to driving that night. He’s now facing two counts of breaking Nevada felony DUI law.

If a drunk-driving accident results in death or substantial bodily harm, Nevada felony DUI law mandates two to twenty years imprisonment and two thousand to five thousand dollars in fines. The defendants’ license is then revoked for three years, and they’re required to install a breath interlock device in their vehicle for twenty to thirty-six months. They also have to attend a victim impact panel.

Ever since 1997, defendants convicted of breaking Nevada felony DUI law were supposed to have ignition interlock devices installed in their cars. But a recent Reno Gazette-Journal investigation found that no Washoe County judge since 2000 has ordered this provision. Now, judges and parole officers across the state are pledging to enforce the sentence in an effort to stem future DUIs. (An ignition interlock device is a kind of breathalyzer that prevents the car it’s attached to from starting if the driver has ingested any alcohol.)

Second Judicial District Chief Judge Connie Steinheimer said, "My district is aware of it and is moving forward to see that there is not an oversight again.” Clark County District Judge Jennifer Togliatti said, "Every judge I know will be doing it immediately.” And Las Vegas Chief Deputy District Attorney L.J. O'Neale said they’re changing the plea agreements accordingly to correspond with Nevada felony DUI law: "The plea agreements had not kept up with the change in the law and only said a judge 'may' order the device. We're changing the language from permissive to mandatory."

Continue reading " Nevada Judges Only Now Complying with 1997 Ignition Interlock Device Law " »

Last Thursday morning, a fifty-six year old male inmate was discovered deceased in his cell at Las Vegas City Jail. Officials did not give a cause of death but specified that it wasn’t suspicious. He was arrested earlier this month for allegedly breaking Las Vegas solicitation law.

Las Vegas solicitation law makes it a misdemeanor to engage in prostitution or solicitation of prostitution, defined as the exchange of sexual contact for a fee. So merely asking someone to trade money for sexual favors can get you arrested, even if the sex never occurs. Solicitation crimes in Las Vegas usually happen on the street, at casinos, or through “escort services” and massage parlors.

Las Vegas solicitation law mandates a maximum sixth month jail sentence and/or a $1,000 fine. Jail-time, however, is very rare for a first or second offense. Oftentimes, the sentence also includes several hours of community service and “john school,” which educates customers, usually men, about the health and safety dangers of prostitution.

Rachel Jessee, who starred in “Scarlett and her Seductive Ladies of Magic” at the Riviera, was arrested on a misdemeanor count of breaking Las Vegas domestic battery law. The twenty-one year old allegedly assaulted her sixty-seven year old boyfriend two weeks ago. The police report states that she grabbed him by the ear after an argument and punched him in his right eye.

Las Vegas domestic battery law defines domestic violence as the infliction of a battery, assault, coercion, sexual assault or course of harassment on a spouse, parent, roommate or romantic partners (past or present). Many people are falsely accused of domestic battery by vengeful significant others, or else they’re in fact the victims in the skirmish and acted only in self-defense. Non-citizens charged with DV have to be careful to choose a lawyer familiar with immigration law because it’s a deportable offense.

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Last year, Xiao Ye Bai allegedly stabbed Wen Jun “James” Li in a karaoke bar on Jones Blvd. when he refused to pay Bai $10,000. A Chinese immigrant who may have gang ties in California, Bai is also charged with murder in San Gabriel, CA, where he allegedly killed a man and wounded another in a restaurant in 2008. This week, the death penalty committee of the Clark County District Attorney’s office is reviewing Bai’s case to determine whether Nevada will pursue capital punishment.

Nevada homicide law defines first-degree murder as premeditated killing or killing that occurs during the perpetration of a felony. Second-degree murder is all other kinds of murder (such as Russian roulette). Nevada homicide law permits the death penalty only for first-degree murder convictions.

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A man charged with four driving-related misdemeanors, including breaking Nevada vehicular manslaughter law, asked a judge last week to have his driving privileges restored. On July 15, the man was allegedly driving on a dirt road when he lost control of his Jeep Wrangler, causing it to overturn twice, and killing one of his passengers. Neither was wearing a seatbelt.

The driver also faces charges of driving without due care, driving left of center and failing to wear a seat belt. He tested negative for drugs, and his blood alcohol content was only .032, well below the legal limit. However, he has a past conviction of DUI as a minor, and he’s also been convicted of possession of drugs and stolen property. The DA is fighting the man’s request to have his driving privileges restored, and his next court hearing is set for later in December.

If a driver’s simple negligence causes a deadly traffic accident, he/she may be charged with breaking Nevada vehicular manslaughter law (NRS 484.3775), which is a misdemeanor carrying up to six months in jail and/or maybe a $1,000 fine. However, the jail term and fine may be doubled if the driver was violating a speed limit at the time or was in a work zone. And, obviously, the defendant’s driving record will reflect having broken Nevada vehicular manslaughter law.

After Charles Messoria did time in prison for accidentally killing his wife during a drunk driving incident in ’99, Nevada DUI laws were in place that should have prevented him from driving drunk again: A mandatory ignition interlock device should have been installed in his car, he should have had to wait three years before getting a new drivers license, and he should have been charged with a felony rather than a misdemeanor after being arrested for breaking Nevada DUI law again last year. None of that happened, and poor communication between law enforcement agencies and lack of knowledge of the law among authorities are being blamed.

Nevada DUI law makes it a crime to operate a motor vehicle while drunk or high. Even if you’re driving carefully and no accident has occurred, you can still be arrested for having a BAC of .08 or higher. Most DUIs without injury or property damage are misdemeanors, but a third DUI arrest in seven years is an automatic felony. As mentioned above, typical punishments for repeat offenders of Nevada DUI law include a mandatory ignition interlock device as well as a two-to-three year license revocation.

Of Messoria, Assemblywoman Sheila Leslie, D-Reno said, “It's outrageous that a chronic repeat offender has fallen through the cracks in the system. The public is at risk when our laws are not being enforced." Messoria recently did have his license revoked.

Last week in Churchill County District Court, U.S. Army soldier Jeremiah Roth pleaded guilty to breaking Nevada grand larceny law for having stolen upwards of $3,000 from a Taco Bell while he was employed there. The judge sentenced him to one to three years in prison.

Roth previously had cases in Las Vegas as well as Carson City for the crimes of burglary and possession of stolen property, but they were dismissed. He currently owes more than ten thousand dollars in back child support. He’s also facing charges for forgery and theft in Georgia, where he allegedly fled to after stealing the money.

Nevada grand larceny law makes it a crime to intentionally steal another person’s property valued at $250 or more. If the value is less than $250, then it’s only petit larceny, a misdemeanor carrying up to six months in jail. If the value is between $250 and $2,500, then it’s a class C felony, carrying one to five years imprisonment and a $10,000 fine. If the value is equal to or greater than $2,500, the possible maximum prison term is increased to ten years.

On Friday, North Las Vegas police arrested Emmanuel Gordian for allegedly hitting a motorcycle while driving in his pickup at 100 mph, causing the motorcyclist to die at the scene. Gordian will likely be charged with one count of felony reckless driving with death and one count of leaving the scene of an accident with death. So far this year, North Las Vegas has had six fatal traffic collisions.

Reckless driving in Nevada (NRS 484.377) occurs when someone operates a motor vehicle with willful or wanton disregard to the safety of others or property. If no one is hurt in the incident, breaking NRS 484.377 may result in charges as minor as a misdemeanor, but reckless driving causing death is a category B felony, carrying one to six years imprisonment and $2,000 to $5,000 in fines. And if the incident occurred in a work zone, penalties for NRS 484.377 may be doubled.

Any driver involved in a traffic accident resulting in death or bodily injury is legally required to stop and cooperate with law enforcement. Anyone who leaves the scene of a traffic accident involving death or injury may be charged with a category B felony, punishable by two to fifteen years imprisonment and $2,000 to $5,000 in fines.