Las Vegas Criminal Defense Blog

Last weekend was the 28th annual Laughlin River Run, which is the biggest ride-in motorcycle rally in the western U.S. This event is still tarnished by memories of a biker gang-shootout there in 2002 which turned fatal. This year, the only major mishaps were a motorcycle catching fire and several DUI arrests.

DUIs are one of the most common causes of license suspensions in Nevada. Others include failing to pay a traffic ticket, falling behind in child support, or racking up too many demerit points on your license. Anyone who continues to drive after their license has been suspended faces charges for the Nevada crime of driving on a suspended license.

The Nevada crime of driving on a suspended license is a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. But the minimum sentence is increased to thirty days in jail and a $500 fine if the suspension was due to a DUI. You cannot be convicted of the Nevada crime of driving on a suspended license if law enforcement or the DMV failed to give you proper notice.

Read more about this story here: http://www.ktvn.com/Global/story.asp?S=12371998.

The Nevada crime of doctor shopping is becoming a major area of concern in Las Vegas in both legal and public health arenas. According to the Las Vegas Sun, Nevada residents ingested more hydrocodone pills in 2006 than did the residents of any other state. Furthermore, the number of deaths caused by prescription pills in Clark County is greater than those caused by illegal drugs or car collisions.

The Nevada crime of doctor shopping occurs when someone knowingly obtains a prescription from a new doctor while currently being treated with the same prescription with another doctor without revealing this to the new doctor. It doesn't matter whether the doctor supplies the drug directly or writes a prescription for it. Since this is an intent crime, a person may not be convicted of this offense if they genuinely didn't know they were getting the prescription from two different doctors or if they forgot about it.

The Nevada crime of doctor shopping is a category C felony. Punishments include a prison sentence of one to five years and maybe a fine of up to $10,000. But if the judge believes the defendant is a drug addict, he/she may get a suspended sentence and be allowed to go to rehab in lieu of jail.

Police in Reno allege that a twenty-one year old man has violated Nevada kidnapping law by abducting a 10-week old infant from a Reno home while the mother was sleeping. He supposedly attempted to drop off the baby at another home a few blocks away. He's currently being held at the Washoe County Jail with charges pending for second degree kidnapping.

Nevada kidnapping law divides the crime into two degrees. First degree is when someone allegedly carries away someone else with intent to hold them for ransom or to commit sexual assault, robbery, or murder. Second degree kidnapping is most other scenarios.

Breaking Nevada kidnapping law in the first degree is a category A felony. If the victim suffers substantial bodily harm, the penalty is forty years to life; otherwise, the sentence is fifteen years to life. Second degree kidnapping is a category B felony, carrying two to fifteen years in prison and maybe a fine of $15,000.

Read more about this story at http://www.lvrj.com/news/man-accused-of-kidnapping-infant-92061234.html.

Over the last couple of years, a growing number of UNR college students have been attending classes at Premier Counseling Group for help with DUI and substance abuse problems. Currently, up to one half of the people who use Premier Counseling are students, and Premier has even started advertising their programs to UNR students directly. Often these students have been convicted for violating Nevada DUI laws and go to the center to fulfill the court's counseling requirements.

Nevada DUI laws mandate even stiffer requirements and penalties for underage drivers than for adults. Whereas driving with a BAC of .08 or higher is per se illegal for an adult, the limit is lowered to only .02 for drivers under 21 years old. Minors arrested for DUI also have to submit to an evaluation to determine whether they are a substance abuser (which usually costs $100), and their licenses will be suspended for 90 days. Some schools and colleges may even choose to suspend, expel or disqualify students with DUIs on their record.

Otherwise, underage drivers convicted of breaking Nevada DUI laws are punished like adults. The standard sentence includes community service, a victim impact panel, DUI school and fines. Jail is usually suspended for a first offense.

For more on this story, go to http://nevadasagebrush.com/blog/2010/04/19/dui-spike-crowds-help-center/.

A Mesquite police officer who was charged with battery had his case dismissed in Moapa Justice Court earlier this month. He'd been arrested for allegedly pushing someone following a wrestling match at Virgin Valley High School while he was off duty. After posting a $1,000 bail, he was ordered to complete 50 hours of community service, attend impulse control counseling, forfeit the bail and to stay out of trouble in exchange for getting his case dismissed.

The officer was placed on administrative leave following the incident and has now been demoted from a sergeant to a patrolman. He's been with the Mesquite Police Department for 10 years. He returns to active duty today.

Moapa Justice Court is a small courthouse in Moapa township that hears cases only on Wednesdays. Moapa Justice Court handles misdemeanor and traffic matters that allegedly occurred in Moapa. Any felony charges may eventually be bound over to Clark County District Court in Las Vegas.

For more on this story, go to http://www.mesquitelocalnews.com/viewnews.php?newsid=5271&id=2.

If a casino patron in Nevada is suspected of being a card counter, the management can order them to leave the casino. If the patron refuses or comes back, they can then be cited or arrested for violating Nevada trespass law. Some notorious card counters have been banned from most of Nevada's casinos.

Nevada trespass law makes it a crime to go on or stay on another's property without their consent. In Nevada, trespass arrests often take place in casinos when rowdy customers are asked to leave and they refuse, or when they leave but then come back to retrieve their belongings in their hotel room. Security guards who detain patrons for trespass elect whether to call an officer to arrest them or else to have them summoned to court without them having to go to jail first.

Violating Nevada trespass law is a misdemeanor, carrying up to six months in jail and/or a fine of up to $1,000. However, it's rare for judges to order jail time unless the person is a repeat offender. And if it's a person's first offense, the prosecutor is usually willing to dismiss the case in exchange for a fine.

Read more about this story at http://www.gamblingtimes.com/blackjack/blackjack_7.html.

A few weeks ago, a forty-six year old man appeared in Clark County District Judge Mosley’s court and pleaded guilty to second-degree murder and robbery with use of a deadly weapon for a 2004 shooting death incident. He reportedly agreed to the plea in order to avoid the death penalty. The D.A.s stipulated to an eighteen-to-forty-five year prison sentence in exchange for him pleading to breaking Nevada murder law, although Judge Mosley has final say.

In 2004, the defendant was allegedly dating the victim’s sister when he shot him in the back of the head and then stole his pickup truck. The victim’s body was later found near Laughlin by some off-roaders. He was reportedly in hiding for several months following the shooting, and he already had a long criminal history of drugs and abuse of alcohol.

Nevada murder law divides murder into first degree and second degree. First-degree murder includes premeditated killing and any homicide committed in perpetration of a felony, such as robbery, burglary and sexual abuse of a child. Other types of murder are considered second degree. The maximum penalty for violating first-degree Nevada murder law is death, while second-degree murder carries a maximum penalty of life in prison with the possibility of parole.

Read more about the story at http://www.lvrj.com/news/46-year-old-pleads-guilty-in-fatal-shooting-to-avoid-death-penalty-84682617.html

Earlier this month a twenty-eight year old woman was arrested for violating the Nevada crime of felony DUI causing death after she allegedly rear-ended another driver at the intersection of Cheyenne and Soaring Gulls Drive, causing his death. The D.A. said she has a previous DUI conviction as well as a conviction for battery on a police officer. Her bail is set at $100,000.

The Nevada crime of felony DUI causing death is charged when a person allegedly proximately causes the death of another person by driving a car while under the influence of alcohol or drugs. The Nevada crime of felony DUI causing death is a category B felony, carrying two to twenty years in prison and a fine of $2,000 to $5,000. Other penalties include license suspension and home confinement.

The crime of vehicular homicide is only charged in a DUI-related accident causing death when the suspect has three or more prior DUIs. Vehicular homicide is a category A felony, carrying twenty five years to life in prison with the possibility of parole after 10 years. The per se illegal BAC limit is .08.

Read more about this story at http://www.lasvegassun.com/news/2010/apr/13/bail-set-100000-woman-accused-fatal-dui-crash/.

On Monday, Reno police tracked down a man in the downtown casino district that they believed had committed the Nevada crime of robbery. When they ordered the man to stop, he allegedly began hurling rocks and hit one of the officers. This prompted the police to shoot the suspect in the leg.

The alleged rock thrower was rushed to a hospital. He's expected to recover from the gunshot wound. Reno police spokesman Steve Frady said, "A rock can be a lethal weapon. Obviously both officers felt their lives were in danger."

The Nevada crime of robbery is the unlawful taking of personal property from the person of another by force of fear of injury. The Nevada crime of robbery is charged as a category B felony, carrying two to fifteen years in prison. Unlike burglary or home invasion, it doesn't involve the entering of a building or home.

Read more about this story at http://www.lvrj.com/news/reno-police-shoot-rock-thrower-in-leg-90817679.html.

In an effort to encourage people with bench warrants in North Las Vegas to resolve their cases, North Las Vegas Municipal Court is now halving the fees for certain bench warrants. According to Court administrator Debbie Miller, this tactic for quashing bench warrants in Nevada has been successful so far. Since March 2, the court has collected a half million dollars in fees and has closed two thousand cases.

In order for defendants to take advantage of this discount, they need to have finished any other court obligations like community service or DUI School. This offer lasts only until April 30. Defendants with bench warrants in North Las Vegas should call the court at (702) 633-1130 to see if they’re eligible for the discount rate for quashing bench warrants in Nevada.

Quashing bench warrants in Nevada is usually a simple procedure, and often your attorney can appear in court without you having to show up also. Judges issue bench warrants as a penalty for missing a court appearance or not carrying out a court order. In some cases, there are no fees at all associated with bench warrants.

Read more about this story at http://www.lvrj.com/news/nlv-discounts-some-warrants-to-clear-court-90817664.html.

Last week three men allegedly broke into a family’s Henderson apartment around midnight and robbed them at gunpoint. For a half hour they ransacked the home and took various appliances, including a 42-inch plasma TV, laptop and Xbox. Police suspect they’ve committed at least fifteen other crimes of Las Vegas home invasion this year, including one where a victim got shot.

What makes this crime of Las Vegas home invasion peculiar is that the suspects were relatively polite. They reassured the parents that they wouldn’t hurt their children. And they apologized for flushing their cellular phones down the toilet.

The crime of Las Vegas home invasion makes it a crime to break into a home, whether or not someone is inside at the time of the break-in. It’s punished as a category B felony, carrying one to ten years in prison. If the suspect had firearms at the time, then the prison range is two to fifteen years.

Read more about this story at http://www.lvrj.com/news/home-invasion-leaves-victims-stunned-90817754.html.

Traffic related fatalities in Las Vegas dropped 25% from last year according to Las Vegas Metro. Non-fatal accidents in 2009 have reduced in number as well, with Metro giving out 30,000 fewer traffic tickets than in 2008. Capt. Richard Collins suggested that increased enforcement of road rules contributed to the reduction of people breaking Las Vegas reckless driving law and that the economy may have played into it as well. Alan Davidson of the Nevada Highway Patrol said, "This year, the economy is bad. There are fewer people on the roadways."

Unfortunately, the rest of Clark County didn't show an improvement in traffic accident statistics. Henderson saw two more fatal accidents than last year. Henderson police try to curb people from breaking Las Vegas reckless driving law by saturating high-traffic areas with traffic patrollers. But the Nevada Highway Patrol reported a 41% decrease in fatal traffic accidents this year.

Las Vegas reckless driving law is when someone drives with willful or wanton disregard to the safety of others or property. It's a misdemeanor if no one is hurt, but it will be charged as a category B felony if someone dies, carrying one to six years imprisonment and $2,000 to $5,000 in fines. Double that if the reckless driving occurred in a work zone.

On Wednesday, Las Vegas Metro gave a presentation called "Every 15 Minutes" at a town hall meeting, where it showed video re-enactments of DUI-related car accidents. The program is meant to warn teenagers about the hazards of drinking and driving, especially with prom and summer vacation coming soon. Law enforcement hopes that educating young people now about Nevada drunk driving laws will help prevent deaths later.

The presentation also included a victim impact-type panel with family members of people who lost their lives in DUI accidents trying to impress upon the audience how drunk driving changed their lives forever. One woman who lost her son said, "I live the pain each and every day. I know he had a lot of dreams. He was the light of my life. I don't have that light anymore . . . For me, the greatest thing would be to turn on that TV and not hear about somebody being murdered by an impaired driver." And Metro Police Sheriff Doug Gillespie stressed that DUIs are a completely preventable crime: "We need to do a better job of communicating that message out there so they don't occur."

Nevada drunk driving laws makes it a crime to operate a car while impaired by drugs or alcohol. If your BAC is .08 or above, it's automatically assumed you're breaking the law. The penalties for violating Nevada drunk driving laws are fines, community service, DUI School and a victim impact panel. But if someone gets injured or dies in a DUI-related accident, the sentence can include several years of prison.

Read more about this story: http://www.lasvegasnow.com/Global/story.asp?S=12274885

On Tuesday, Las Vegas Metro held a discussion on anger management at their "First Tuesday" event in reaction to the rising number of battery domestic violence (BDV) cases spurred by frustration about the recession. The current economic climate has caused many people who are struggling with money to also lose their tempers with others and to even become abusive. Dr. Steven Sinert of Nevada Anger Management said, "We can't think clearly and it's at that time when people will become aggressively abusive, fists through walls, hurt people. And it's a matter of teaching them how to get their conscious mind in a more relaxed state so they can think clearly."

Nevada battery domestic violence law makes it a crime to use unlawful physical force on your spouse, dating partner, roommate or relative. Most BDV charges stem from arguments between family members that allegedly turn physical and prompts someone to call 911. Sometimes charges of violating Nevada battery domestic violence turn out to be bogus and instead resulted from innocent accidents, false accusations or self-inflicted wounds.

The penalties for violating Nevada battery domestic violence law depend on the circumstances. If no one is injured and the incident did not involve strangulation or a deadly weapon, then it's just a misdemeanor that usually results in only fines, community service and domestic violence counseling. However, a third BDV conviction in seven years is a category C felony, carrying up to five years in prison and maybe a $10,000 fine. If there was strangulation, then even a first BDV conviction is punished as a category C felony, carrying up to five years in prison and a mandatory $15,000 fine.

The Reno Gazette-Journal is reporting that sentences for breaking Nevada felony DUI law have tended to be lighter in Reno than in Las Vegas. Whereas many offenders in Washoe County receive the two-year minimum prison sentence, the majority of offenders in Clark County were slapped with sentences of three to eight years before parole became possible. The paper also says that many of the Reno sentences were the result of plea bargains and were lower than the recommendations by the Nevada Division of Parole and Probation.

The director of Stop DUI, a Las Vegas-based organization, believes the two year minimum sentences for violating Nevada felony DUI law isn't strict enough. She says, “It speaks volumes about how this crime is perceived. When you cause a death or injury, it must be viewed as a violent crime. But when you hand out these minimum sentences, it sends the message that this is not a serious crime." Richard Gammick, the Washoe County District Attorney, said he intends to have a discussion about plea bargains at the next meeting of criminal prosecutors “to make sure we're not coming in too low.”

If a drunk driving accident results in death or an injury, the prosecutor may bring charges for violating Nevada felony DUI law. The prison sentence range is from two to twenty years. Washoe District Judge Brent Adams promises that he doesn’t consider other counties’ practices when imposing a sentence. “The most important factors to me are the statement of the victim at sentencing, whether the defendant is a chronic alcoholic and the risk to the community.”

For more on this story, go to http://www.rgj.com/article/20100330/NEWS/3280370/1321/news.

This week a twenty-four year old Henderson man was charged with murdering the sixteen-month-old baby of his girlfriend. Last Friday the baby was taken to a Henderson hospital with traumatic head injuries, which she died that day from. The mother had told police that the suspect was baby-sitting.

Nevada murder law defines first-degree murder as premeditated homicide or killing that happens during the perpetration of another felony. Second-degree murder is all other kinds of homicide. Nevada murder law allows the death penalty only for first-degree murder convictions.

Nevada murder law permits the death penalty if one or more aggravating circumstances outweigh any mitigating circumstances. (A typical example of a mitigating circumstance is a difficult childhood.) Alternative penalties for first-degree murder include life imprisonment with or without the possibility of parole after twenty years, or else fifty years in prison with the possibility of parole after twenty years.

Read more about this story at http://www.lvrj.com/news/henderson-man-charged-with-murder-in-child-s-death-89933572.html.

Last week a former janitor at the Lloyd George U.S. Courthouse pleaded guilty to one charge of simple assault, a federal crime which carries a maximum of six months in jail. Initially, though, he was charged with abusive sexual contact. He confessed to U.S. District Judge Kent Dawson that he grabbed a female co-worker in a jury restroom and then would not let her leave.

In state court, the crime of breaking Nevada assault law is defined as putting another person in reasonable apprehension of immediate and unlawful physical contact. Unlike battery, assault does not require that physical contact be made, but the alleged victim must be aware of the assault in order for it to be criminal. Furthermore, the prosecutor must prove that the suspect intended to perform the assault in order for him/her to be found guilty.

The penalties for violating Nevada assault law depend on the circumstances. If it’s committed without a deadly weapon, it’s just a misdemeanor and carries up to six months in jail and/or a $1,000 maximum fine (the judge may impose community service instead, too). But breaking Nevada assault law with a deadly weapon is a category B felony, carrying one to six years in prison and/or up to a $5,000 fine. Often if someone is charged with mayhem that did not result in permanent injury, the prosecutor will reduce the charge to assault.

Read more about this story at http://www.lvrj.com/news/ex-courthouse-janitor-pleads-guilty-89670467.html.

The former bailiff for former Clark County District Court Judge Elizabeth Halverson has pleaded guilty to violating lewdness with a minor law in Nevada. He was arrested back in February after allegedly assaulting a young teenage girl sexually. He will be sentenced on June 2 and is currently being held at the Clark County Detention Center on $170,000 bail.

According to the police report, the former bailiff sexually abused the girl while his mom and ex-fiancee talked with the victim’s mother outside of her house. The responding officer reported that the victim’s underwear appeared bloodstained. She reportedly told the police that he assaulted her.

Lewdness with a minor law in Nevada makes it a crime to commit any lewd or lascivious act upon a child under fourteen with the intent of receiving or giving sexual gratification. The touching does not have to be on a sex organ as long as it’s committed with sexual intent. The standard sentence for violating lewdness with a minor law in Nevada is life in prison.

Read more about this story at http://www.lvrj.com/news/former-bailiff-enters-guilty-plea-89558002.html.

Yesterday a twenty-two year old was arrested for allegedly crashing his PT Cruiser into a Mercedes on Charleston Blvd. while under the influence of alcohol. He was arrested for felony DUI with death and booked at the Clark County Detention Center without bail. According to the Metropolitan Police Department, this was the 17th fatal accident in 2010.

A person may be arrested for Nevada felony DUI causing death if the police believe he/she drove a car while drunk or high which then resulted in a fatal car crash. Even if the person’s BAC measures at less than .08 (the legal limit), a judge or jury may still find him/her guilty of driving under the influence if the prosecutor can show the driving was impaired by drugs or alcohol. Nevada felony DUI causing death is charged as a category B felony, whereas DUI accidents that result in no harm are charged as a misdemeanor.

If a person is charged with Nevada felony DUI causing death, he/she faces potentially steep penalties. The judge may order two to twenty years in prison and perhaps an additional fine of $2,000 to $5,000. In DUI cases, the Department of Corrections makes an effort to separate people convicted of DUI from violent offenders.

Read more about this story at http://www.lvrj.com/news/man-dies-in-2-car-collision--driver-arrested--faces-drunken-driving-charge-89882657.html.

Yesterday an Iowa City Police Sergeant announced that Peeping Tom season has unofficially begun in the area. Now that weather is improving and more people are outdoors, she claims there will be more incidents of men spying on women through windows. She suggests that women should not live on the ground floor of a building, to close drapes and blinds once the sun goes down, and to keep a phone nearby to call the cops in case they suspect someone is watching them.

Nevada “Peeping Tom” laws make it a crime to knowingly enter on the property or premises of another person with the intent to conceal yourself and spy. It doesn’t matter whether you’re looking through a window, door or other opening in the building. It also makes no difference if the person being spied on doesn’t own the property or premises.

Nevada “Peeping Tom” laws make peering, peeping or spying a misdemeanor, carrying up to six months in jail and/or up to a $1,000 fine. If the suspect had a camera or recorder at the time, it becomes a gross misdemeanor, carrying up to a year in jail and/or up to a $2,000 fine. And if the suspect had a deadly weapon, then Nevada “Peeping Tom” laws make it a category B felony, carrying one to six years in prison and maybe a $5,000 fine.

Read more about this story at http://www.press-citizen.com/article/20100401/NEWS01/100401009/1079/news01/Police-warn-of-peeping-Tom-season.

This week a twenty-six year old man faces fifty years behind bars after pleading guilty to robbery of the elderly, grand larceny, and violating Nevada home invasion law for allegedly helping a friend invade an older couple’s home to steal two expensive English bull dog pups. Apparently the pups’ five-year old grandmother chased them but was run over by a car during the getaway. The man's scheduled to be sentenced in June in Washoe District Court.

Nevada home invasion law (NRS 205.067) makes it a category B felony to enter an inhabited dwelling by force and without the consent of the owner or occupant. You may still be found guilty for home invasion irrespective of whether someone is currently in the residence. Home invasion is often charged in conjunction with other crimes like trespass and burglary.

The typical sentence for breaking Nevada home invasion law is one to ten years in prison. If you already have past convictions for home invasion or burglary, the judge may not grant probation or a suspended sentence. And if the prosecutor can show you had a firearm during the alleged home invasion, the sentence range is increased from two to fifteen years.

Read more about this story at: http://www.lvrj.com/news/ex-courthouse-janitor-pleads-guilty-89670467.html.