Las Vegas Criminal Defense Blog

So far the Marijuana Policy Project has tried five times to pass laws to legalize marijuana in Nevada. It's predicted they'll make another attempt in 2012 for laxer Nevada drug crime laws but that it will also fail. Mayor Oscar Goodman opines, "The people are not ready no matter how we are characterized."

Nevada drug crime laws are actually very harsh despite Nevada having legalized gambling and prostitution (in some counties). Straight possession of any drug is usually charged as a felony unless it's for less than an ounce of marijuana. However, first-time possession charges can often be reduced to a misdemeanor or dismissed if the defendant does Drug Court.

Penalties for breaking Nevada drug crime laws become harsher if you sell or intend to sell a drug. The harshest penalties are imposed in trafficking cases, but even then the defendant may avoid prison if they cooperate with police. Nevada law draws no distinction between illegal drugs like cocaine and prescription drugs such as OxyContin that are used illegally.

For more on this story go to: http://www.google.com/hostednews/ap/article/ALeqM5g2Z9V1gkb5tBM2WBqYDNjcGGU-9g?docId=9830455411a546a7be691d10c376dd84

Last weekend police set up a checkpoint in Sparks that resulted in eleven arrests for violating Nevada DUI law. Police also made ten other arrests for various charges including marijuana possession. Police estimate that they checked more than 2,200 drivers total throughout the duration of the checkpoint.

Nevada DUI law makes it a criminal offense to operate a motor vehicle while under the influence of alcohol or controlled substances. You don't have to be impaired to be arrested for DUI--simply having a BAC of .08 or more is breaking the law. Typical defenses to DUI charges include that the breath testing equipment was faulty or that the police behaved unconstitutionally.

A first-time violation of Nevada DUI law with no substantial injuries is a misdemeanor. However, you must wait seven years following a conviction to petition to seal your records. A second-time DUI within seven years is also a misdemeanor, but a third-time DUI in seven years is a felony.

For more on this story go to: http://www.lasvegassun.com/news/2010/dec/19/nv-dui-checkpoint/

Clarence Stewart, co-defendant in O.J. Simpson's Las Vegas robbery-kidnapping case, has agreed to a plea deal. Defense attorney Brent Bryson said, "I believe the district attorney and Mr. Stewart have reached an agreement as to the terms. The terms would include an amount of time still on house arrest, followed by a period of probation." Stewart was originally convicted and sentenced to 33 years in prison prior to his verdict being overturned and case set for retrial.

Nevada robbery law makes it unlawful to take personal property from the person of another or in their presence by means of force or fear of injury. A typical example of violating Nevada robbery law includes a thief pushing a woman on the street and grabbing her purse. Standard defenses include mistaken identity, false allegations, or that the defendant didn't use force or fear.

A violation of Nevada robbery law is a category B felony. A conviction carries two to fifteen years in prison. If a deadly weapon is used, the sentence may be as much as doubled.

For more on this story, go to: http://www.lasvegassun.com/news/2010/dec/25/nv-oj-simpson-co-defendant-1st-ld-writethru/

According to the Nevada Division of Child and Family Services, investigated cases of the Nevada crime of child abuse have been on the decline. Specifically, they fell from 14,322 in 2008 to 12,241 in 2009. This drop may have to do with extra funding to help victims of domestic violence and grants to move foster kids into permanent households.

The Nevada crime of child abuse makes it an offense to willfully cause a child to undergo physical abuse, emotional abuse, sexual abuse, neglect or endangerment. Typical defenses include corporeal punishment, accident, self-defense, or self-inflicted injuries. Child Protective Services is one of the agencies that may investigate a claim of child abuse.

Penalties for the Nevada crime of child abuse vary depending on the nature and extent of the abuse. For example, willful abuse that involved sexual exploitation of a child 13 or younger and resulted in substantial bodily or mental harm is a category A felony potentially carrying life in prison. But if the defendant merely allowed the abuse to happen and it didn't result in substantial bodily or mental harm, the charge may be just for a gross misdemeanor carrying $2,000 and/or up to a year in jail.

For more on this story, go to: http://www.lasvegassun.com/news/2010/dec/16/report-shows-decline-nevada-child-abuse-cases/

Earlier this month a middle-aged inmate walked away from the Northern Nevada Restitution Center. Police recaptured him five days later. He's currently serving time for violating Nevada DUI law for the third time.

Nevada DUI law criminalizes driving while intoxicated or high on drugs. Even if you're not impaired, driving with a BAC of .08 or more is per se illegal. Drivers suspected of DUI are usually given a choice between breath tests and blood tests.

A first-time DUI with no injuries is just a misdemeanor. A second-time DUI within seven years of the first is also a misdemeanor, but the judge usually imposes 10 days of jail. A third-time violation of Nevada DUI law within seven years is a felony, carrying 1-6 years in prison, $2,000 to $5,000 in fines and other penalties.

For more on this story, go to: http://www.rgj.com/article/20101213/NEWS01/101213019/-1/CARSON/Reno-police-recapture-inmate-who-walked-away-from-facility

Sunday morning a California man was arrested for violating Nevada DUI with death law when he allegedly drove under the influence near the Strip and rear-ended another car, killing the passenger and critically injuring the driver. The suspect and his passenger weren't hurt. This was the 77th traffic death this year under Las Vegas Metro's jurisdiction.

Nevada DUI with death law applies when someone operates a car while drunk or high and gets into an accident that causes another person to die or sustain substantial bodily harm. Even if the driver doesn't appear impaired at the time of the collision, they can still be charged with this crime if his/her BAC was .08 or above. Common defenses to this crime include that the breath testing equipment was faulty, that the driver had not started drinking until after he/she stopped driving, and that the fatality was not caused by the driving, or that the other party was more at fault than the driver.

Penalties for a conviction of Nevada DUI with death law include two to twenty years in prison. The judge may order an additional fine of $2,000 to $5,000. If the driver was transporting a child under fifteen at the time, the judge will consider it as an aggravating factor in determining the severity of the sentence.

For more on this story, go to: http://www.lvrj.com/news/california-man-arrested-after-fatal-crash-near-strip-111763154.html

This weekend the Nye County Public Administrator was reportedly a victim of the Nevada crime of home invasion. Saturday night six people clad in black allegedly entered his home with guns, tied up the official, and stole property. The suspects are still at large.

The Nevada crime of home invasion occurs when someone forcibly enters an inhabited home without permission. It doesn't matter whether it's day or night or whether there's someone present in the home at the time of the entry. The home can be anything from a house or apartment to a trailer, boat or railroad car.

The Nevada crime of home invasion is a category B felony carrying one to ten years in prison and maybe a fine of $10,000. Probation may be possible unless the defendant has previously been convicted of burglary or home invasion. If the defendant has a deadly weapon in his/her possession during the home invasion, the possible sentence is two to fifteen years, also with a possible $10,000 fine.

For more on this story, go to: http://www.lvrj.com/news/nye-county-official-targeted-in-pahrump-home-invasion-111762649.html

A February trial date has been set for boxer Floyd Mayweather's misdemeanor charge of allegedly committing the Nevada crime of battery. He's been accused of poking a security officer in November during a confrontation about a parking ticket. Mayweather is out on his own recognizance.

The Nevada crime of battery is when someone uses unlawful physical force on another person, such as punching or shoving. Common defenses include lack of intent (accident), self-defense, and consent. Battery is a different crime from assault, which is causing someone "apprehension of physical force" such as making your hand into a fist and threatening you're going to punch.

Penalties for the Nevada crime of battery range from very lax to very serious depending on the circumstances of the case. If no one gets hurt and no deadly weapon is involved, it's usually just a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. But if the battery caused substantial bodily harm, involved a deadly weapon or was committed with the intent to rape, then it's a felony carrying several years in prison and high fines.

For more on this story go to: http://www.lvrj.com/news/trial-set-in-latest-mayweather-legal-problem-111532204.html

Last week a police officer with the Las Vegas Metropolitan Police Department allegedly crashed his car into a median in Henderson. At the scene he reportedly failed a preliminary breath test (showing a BAC more than twice the legal limit). He has been placed on paid leave for possibly violating Las Vegas DUI law.

Las Vegas DUI law makes it a crime to operate a car while under the influence of alcohol or drugs. Even if you're not technically impaired, it's still considered DUI to drive with a BAC of .08 or more. Common defenses to charges of driving under the influence include faulty breath testing equipment, rising alcohol level, and police misconduct.

The penalties for violating Las Vegas DUI law depend on the severity of the incident and the driver's criminal history. A first or second DUI in a seven-year period with no serious injuries is prosecuted as just a misdemeanor carrying a sentence of DUI School, Victim Impact Panel, fines, license suspension, and a suspended jail sentence (although a second DUI usually requires a few days of jail). But a third DUI in seven years or a first DUI resulting in death or substantial bodily harm is prosecuted as a felony, carrying prison time and high fines.

For more on this story, go to: http://www.lasvegassun.com/news/2010/dec/02/nv-dui-police-officer-vegas/