Las Vegas Criminal Defense Blog

Earlier this month a fifty-four year old man from Humboldt County was arrested for allegedly shooting his adult daughter. It reportedly occurred in a home north of Winnemucca on a Sunday night. His grandchildren were present in the home, but it hasn't been determined whether they saw the incident.

The suspect was initially charged with battery causing substantial bodily harm. But after his daughter passed away, he was charged with murder as well. He also faces charges for assault with a deadly weapon, domestic battery and child endangerment.

Substantial bodily harm in Nevada law refers to any serious injury, disfigurement or long-lasting pain. Common examples of substantial bodily harm in Nevada law include fractures, wounds needing stitches, and being knocked unconscious. Even cosmetic injuries that are not disabling can qualify as substantial bodily harm in Nevada law as long as the damage is permanent.

For more on this story, go to: http://www.rgj.com/article/20100614/NEWS0102/100614046/1321/NEWS

Earlier this month OJ Simpson's lawyer argued before the Nevada Supreme Court that Mr. Simpson's robbery and kidnapping convictions should be overturned. The lawyer claims that the jury in his case didn't receive proper instructions about the intent element of the crimes. He further claims that Mr. Simpson should have instead faced charges for larceny. The Court will probably issue a decision later in 2010.

In Nevada, larceny is when someone intentionally steals any property owned by another person without their consent. If the value of the property is for $250 or more, it's considered grand larceny. But if the value of the property is for less than $250, it's considered the Nevada crime of petit larceny.

The Nevada crime of petit larceny (also called petty larceny) is the charge prosecutors usually bring in shoplifting cases as long as the value of the merchandise allegedly stolen was low enough. The Nevada crime of petit larceny is only a misdemeanor, carrying penalties of up to $1,000 in fines and/or up to six months in jail plus any restitution. But if the larceny was allegedly committed during the course of a burglary, then the suspect faces felony charges as well.

For more on this story, go to: http://www.ktnv.com/Global/story.asp?S=12638059

Earlier this month a Reno man was arrested for allegedly making sexual offers over Facebook to a 14 year old girl. He reportedly used another person's account to contact the girl. He was taken to the Washoe County Detention Facility on $18,000 bail and is facing charges for Using Technology to Lure Children, Violation of a Protective Order, and Stalking-Use of the Internet.

Nevada stalking law makes it a crime to behave in a way that causes a reasonable person to fear for the safety of themselves, their family or their housemates. People are often falsely accused of violating Nevada stalking law because the "victims" are out to seek revenge or else they wildly misconstrue the person's behavior as harassing. Typical examples of stalking behavior include following someone, contacting them too frequently, or loitering outside where they live.

The penalties for violating Nevada stalking law depend on the circumstances. For stalking with the Internet like the Reno man is accused of, it's charged as a category C felony and carries 1 to 5 years in prison and maybe a $10,000 fine. If death or substantial bodily harm occurs, it's a category B felony carrying 2 to 15 years in prison and maybe a $5,000 fine. Otherwise, stalking is only a misdemeanor with penalties of up to $1,000 in fines and/or up to 6 months in prison (subsequent offenses are gross misdemeanors carrying up to $2,000 in fines and/or up to 1 year in jail).

For more on this story, go to http://www.mynews4.com/story.php?id=19929&n=122.

According to the Clark County Fire Department, Fourth of July is their second busiest day of the year after New Year's Eve due to illegal fireworks. Often small misfires can result in burns, brush fires and even house fires. And Las Vegas's dry, windy desert climate can turn a small fire into a massive disaster in a matter of seconds.

Nevada fireworks law makes it a crime to buy, possess or transport any fireworks that rocket, explode, or move from where they're ignited. The only legal fireworks in Nevada bear the Safe-N-Sane emblem, and they can be legally sold and purchased in fire department-approved booths throughout Clark County between June 28th and July 4th. They also may not be used outside the week leading up to July 4th.

Even though licensed vendors in Nye County and Moapa County can legally sell non-Safe-n-Sane fireworks there, it's still a violation of Nevada fireworks law to transport them into Clark County. If you're caught with illegal fireworks in Nevada, law enforcement will seize them and may cite or arrest you for a misdemeanor. Maximum penalties for violating Nevada fireworks law include up to $1,000 in fines and/or a jail term of up to six months.

Last month a middle-aged woman from Gardnervile was arrested for allegedly stealing a bottle of wine from Scolari's while topless and inebriated. Afterwards she supposedly drove to a Burger King, which is where an officer noticed that she parked with her tire over the curb. The officer proceeded to question her and ultimately arrested her for driving under the influence, and she was later charged with burglary and indecent exposure as well. The judge dismissed the latter two charges in exchange for her pleading guilty to a third DUI (she already has two DUI convictions in California), and she's already requested admittance to Nevada DUI Court.

Nevada DUI Court for felonies is a diversion option that allows third-time DUI offenders to avoid prison by instead submitting to a lengthy rehabilitation program. The only people eligible are those who have two DUIs within the last seven years and who have never hurt or killed anyone in a DUI incident. It can last up to five years, but it typically spans three years.

Nevada DUI Court for felonies (also called the Serious Offenders Program in Clark County) consists of six months of house arrest, weekly status checks with the court, and biweekly counseling sessions (group as well as individual). Participants submit to random alcohol testing, have breath interlock devices installed in their cars, and may have to wear SCRAM bracelets. But upon successful completion of these and any other requirements, their felony DUI charge will be reduced to a misdemeanor.

For more on this story go to: http://www.recordcourier.com/article/20100527/NEWS/100529859/1062&ParentProfile=1049

The FBI's preliminary annual Uniform Crime Report showed an 18% increase in arson cases in Henderson, Nevada. Henderson also saw a steep increase in robberies and aggravated assaults. But nationwide, violent crime has decreased by 5.5% since 2009.

Nevada arson law makes it a crime to malicious and willfully set fire to a structure or personal property. Nevada arson law is divided into four degrees, each of which concerns a different type of property and carries different penalties. You cannot be convicted of arson if you began the fire only accidentally.

First degree arson pertains to setting fire to any building, house or mobile home whether occupied or not. It does not matter whether it belongs to the person allegedly setting the fire. The punishment for breaking first degree Nevada arson law, a category B felony, is two to fifteen years imprisonment and maybe a $15,000 fine.

For more on this story, go to: http://www.lahontanvalleynews.com/article/20100524/NEWS/100529950/1055&ParentProfile=1045

Earlier this month a man was jaywalking across Arville near the Orleans when a car hit him and then fled the scene. Las Vegas Metro has started an investigation into the hit-and-run. The jaywalker received treatment for serious but not critical injuries at UMC Trauma.

Nevada Jaywalking law makes it a crime to cross in the middle of the street where there is no marked cross walk. Most people caught breaking Nevada jaywalking law are just given a verbal warning or a citation to pay a fee (like a parking ticket). But habitual j-walkers or people with outstanding warrants or who resist receiving the citation may be arrested.

Because jaywalking is technically a misdemeanor, the maximum penalties for breaking Nevada Jaywalking law include up to six months in jail and/or up to $1,000 in fines. If a cop suspects someone is jaywalking recklessly in wanton disregard of others' safety, that person may also be charged with "reckless endangerment." Jaywalking can also serve as a plea bargain offense that prosecutors allow suspects to plead to in lieu of a more serious charge.

For more on this story, go to http://www.fox5vegas.com/news/23767238/detail.html.

Las Vegas Metro has announced that they arrested a total of 58 people for driving under the influence over Memorial Day weekend. Many of these arrests occurred at the five DUI checkpoints they set up throughout the city that weekend, which stopped a total of 15,000 vehicles. Police believe the checkpoints were key in preventing a fatal DUI-related accident.

Nevada DUI law makes it a crime to drive under the influence of alcohol or drugs. Even if you're driving in a safe manner, it's per se illegal to operate a car while your BAC is .08 or above. If you're stopped on suspicion of drunk driving, Nevada DUI obligates you to submit to a chemical test to measure your BAC.

Typical penalties for breaking Nevada DUI law if no one was hurt or killed include fines, DUI School, a victim impact's panel, 90 days suspension on your driver's license, and a suspended jail sentence. But if it's your third DUI in seven years, you face up to six years in prison. And if someone got seriously hurt or died, the maximum prison term is twenty years.

For more on this story, read: http://www.lasvegassun.com/news/2010/jun/01/dui-enforcement-nets-58-arrests-over-holiday-weeke/

On Tuesday, a 19-year old former Nevada National Guard private who had pleaded guilty to fatal drunk driving was sentenced to six to twenty-four years in prison. The accident occurred back in February in Henderson when she was driving with a BAC of more than three times the legal limit and crashed into a car, killing the two senior citizens inside. The judge didn't give her the maximum sentence of twenty years for each fatality because she accepted responsibility.

When someone gets arrested for allegedly causing a fatal DUI accident, the officer can order the driver to submit to a blood test as well as a breath test. If the driver refuses to take it, Nevada DUI blood test law permits the officer to use reasonable force to obtain the blood sample. Unlike breathalyzer tests, it can take several weeks for blood test results to come back.

Nevada DUI blood test law outlines strict rules and procedures the officer and lab technicians must follow in order for the blood draw to be reliable. Usually two vials of blood are drawn so there's enough for the driver to have some of it independently tested. Nevada DUI blood test law requires that the sample be tested four times and that they must be within 5% of each other.

Read more about this story at: http://www.lasvegassun.com/news/2010/jun/08/woman-gets-24-years-double-fatal-dui-crash/

Last month a 64-year-old man from Gardnerville was arrested for allegedly driving under the influence. He submitted to a preliminary breath test, which showed a BAC of .255--over three times the legal limit, which is less than .08. He had already been convicted of felony DUI over a decade ago, which causes all successive DUI incidents to be treated as a felony as well.

If you're arrested on suspicion of DUI in Nevada, you're presumed to have given implied consent to submit to an evidentiary chemical test. Nevada chemical test refusal law provides harsh consequences for not agreeing to take an evidentiary test when it's required: Nevada chemical test refusal law mandates that your license be suspended for one to three years, and the officer may use force to make you submit to a blood test. That you refused the test can also be introduced as evidence at trial.

If you're arrested on just a first or second misdemeanor DUI and the cop suspects you're intoxicated with only alcohol and not drugs, Nevada chemical test refusal law allows you to choose between taking a breath test or a blood test. If your breath test registers a BAC of .08 or above, your license will be confiscated right away. If you take a blood test, your license can't be confiscated until the results come back positive, which may take several weeks.

For more on this story: http://www.recordcourier.com/article/20100603/NEWS/100609925/1062&ParentProfile=1049

The Carson City Chamber of Commerce's Quality of Life Committee, along with Partnership Carson City and Secret Witness, released the "Crystal Darkness Parents Tool Kit" to aid parents in understanding drug addiction and how they may talk to their kids about it. The half-hour documentary chronicles the struggles of several families who have dealt with various addictions, including methamphetamine. It is believed 10 million people nationwide have seen this video.

Nevada DUI Meth law makes it a crime to drive while under the influence of methamphetamine. When drivers are pulled over on suspicion of DUI, they will be asked to perform field sobriety tests (FSTs) and a preliminary breath test (PBT). If the driver fails the FSTs but passes the PBT, the cop will suspect that the driver may have ingested not alcohol but instead drugs.

The penalties for violating Nevada DUI Meth law are identical to regular drunk driving penalties. If no one was hurt and if the driver isn't a repeat offender, it will be charged as a misdemeanor carrying fines, a victim impact panel, license suspension, up to six months in jail (usually suspended) and DUI School. Often people arrested for breaking Nevada DUI Meth law are also charged with meth possession if the officer finds the drug in their car or on their person.

For more on this story, go to http://www.nevadaappeal.com/article/20100526/NEWS/100529710/1070&ParentProfile=1058

Reno law enforcement is reporting that twenty-one people have been arrested for driving under the influence over Memorial Day weekend. The arrests were partly the result of stepped up DUI checkpoints made possible by funding from the Northern Nevada DUI Task Force. In total, cops made eighty-seven traffic stops.

Nevada DUI breath test law requires that a driver arrested for drunk driving submit to either a breath test or a blood test to measure their blood alcohol content (BAC). Nevada DUI breath test law outlines strict rules the cop must follow in order for the test results to be valid. Among them are:

-- the test must be performed within two hours of the arrest

-- the test must follow a fifteen minute observation period

-- two consecutive tests should be taken following the observation period

-- the breathalyzer must be properly calibrated

Nevada DUI breath test law requires that the two breath tests register a BAC of 0.08 or above for a DUI conviction to stand. However, only one of the tests needs to be 0.08 or above for the driver's license to be suspended.

For more on this story go to: http://www.kolotv.com/home/headlines/95372139.html

This Memorial Day weekend Las Vegas Metropolitan Police orchestrated one of the most aggressive DUI Checkpoint operations ever and arrested dozens of motorists. Authorities say fatalities resulting from drunk driving so far this year are down 72% from last year, and they credit DUI checkpoints for the improvement. Once the cars entered the checkpoint, the officer asked the driver if he/she had been drinking. If the officer smelled alcohol, he/she conducted field sobriety tests followed by a breathalyzer test.

Las Vegas DUI Checkpoint laws make it legal for law enforcement to pull over drivers even if they're not displaying any signs of driving under the influence or haven't committed any traffic violations. Authorities are not required to publicize checkpoints in advance for them to be lawful. However, Las Vegas DUI Checkpoint laws do outline strict rules mandating that various signs and signals be displayed on the highway in order to give motorists some advance notice that a checkpoint is ahead of them.

Las Vegas DUI Checkpoint laws make it a crime to drive through a checkpoint without stopping and following the officers' orders. If no death, substantial bodily harm or damage to property exceeding $1,000 occurred, then the driver faces a gross misdemeanor charge of up to $2,000 in fines and/or up to 1 year in jail. Otherwise, the motorist faces a felony B charge that carries up to $5,000 in fines and/or 1 to 6 years in prison.