Las Vegas Criminal Defense Blog

This month the Lyon County Sheriff's Office served a search warrant on six Silver Springs residents following a two-month investigation of alleged methamphetamine sales. Law enforcement reportedly found several grams of meth and some marijuana. Eventually four of the residents were arrested, one was cited, and the other was initially released but will be facing charges.

There are several different types of warrants in Nevada including search warrants. A search warrant gives law enforcement the right to search a certain area for certain items. A judge may not grant police a search warrant unless the police have probable cause to believe it relates to criminal activity.

Other types of warrants in Nevada include bench warrants and arrest warrants. A judge grants police an arrest warrant if they have probable cause to believe the suspect committed a crime. A judge issues bench warrants in Nevada whenever they deem that the defendant violated a court order or other judicial protocol.

For more on this story go to: http://www.rgj.com/article/20110112/DAYTON01/101120306/-1/CARSON/Search-warrant-results-in-multiple-meth-arrests-in-Silver-Springs

Former NFL player Lawrence Taylor pleaded guilty in New York to sexual misconduct and patronizing a prostitute (who was underage). Taylor claims she said she was nineteen. He will be on probation for six years and have to register as a sex offender.

The Nevada Sex Offender Registry is a publicly accessible database of high-risk and moderate-risk convicted sex offenders in the state. The Nevada Sex Offender Registry only lists information about TIER 2 and 3 sex offenders, not TIER 1 or 0. In general, anyone convicted of a sex offense against a child has to register for some period of time, maybe life.

TIER 0 sex offenders are least likely to re-offend. TIER 1 offenders pose a slightly higher risk. TIER 2 offenders pose a moderate risk--they've typically been convicted of either child pornography, child prostitution or sexually abusing a child 13 or older. TIER 3 offenders pose a high risk of re-offending--they typically have been convicted of either rape, kidnapping, battery with intent to rape, sexual abuse of a child under 13, or murder. Defying an order to register on the Nevada Sex Offender Registry carries one to four years in prison and maybe a fine of up to $5,000.

For more on this story go to: http://www.ktnv.com/story/13839176/lawrence-taylor-pleads-guilty-to-2-ny-misdemeanors

Clark County prosecutors have brought charges against socialite Paris Hilton's boyfriend. They allege that last August on the Strip he was driving under the influence of pot. His arraignment in Las Vegas is scheduled for February 17.

An arraignment in Las Vegas is one of the first court proceedings in a criminal case. Criminal charges are formally brought against the defendant. And the defendant enters a plea of guilty or not guilty.

An arraignment in Las Vegas typically lasts for only a couple of minutes. They may occur several weeks after the initial arrest, unless the defendant is in custody at which point it must occur within two days. In most cases a lawyer can appear on behalf of the defendant in an arraignment without the defendant being there.

For more on this story: http://www.ktvn.com/Global/story.asp?S=13878477

A talent broker who's been convicted two times for deceptive business practices in California now has a Nevada warrant for his arrest. He allegedly accepted thousands of dollars from parents with the promise he'd give their children an opportunity to become a star but never delivered. He's presently on probation in California.

There are different types of Nevada warrants including arrest warrants, bench warrants, and search warrants. An arrest warrant issues when authorities believe someone has committed a crime, and the judge agrees there's sufficient "probable cause" to grant the warrant. A bench warrant issues when a criminal case is already in process and the judge believes the defendant isn't complying with court orders.

A search warrant is a type of Nevada warrant where the law enforcement seizes property, not people, they believe is connected to criminal activity. Police need to abide by the Fourth Amendment in executing the search warrant. If they don't, the defendant may ask the judge to suppress any evidence found as a result of this illegal search.

For more on this story go to: http://www.8newsnow.com/story/13865280/i-team

It's expected that the Nevada State Board of Pharmacy will schedule "spice" as a controlled substance on par with powerful narcotics. This means that not only would spice no longer be available over-the-counter at smoke shops . . . anyone who has any will be committing the Nevada crime of drug possession.

The Nevada crime of drug possession is charged when someone is suspected of carrying or keeping narcotics for personal use. It applies both to illegal drugs such as cocaine and prescription drugs such as Ritalin without a valid prescription. Common defenses are that you didn't know the drugs were there or that the police performed an unconstitutional search.

The Nevada crime of drug possession is a felony. A first time offense can carry up to four years in prison. But the judge is usually willing to dismiss the charge if you complete Drug Court.

For more on this story, go to: http://www.8newsnow.com/story/13826248/i-team

Last week two men were arraigned on Nevada federal crimes charges for allegedly taking advantage of a software loophole on video poker machines to increase jackpot payouts. The loophole allowed them to change a minimum bet to the maximum bet. They're reported to have netted over $400,000.

Federal criminal law is vastly different than state law. Procedures are more complicated and formal, and penalties are harder to predict. Typical federal crimes include racketeering, white color crimes, cyber crimes, money laundering, and bank robbery.

Federal judges have more leeway when imposing penalties because they are not bound by the Federal Sentencing Guidelines. When someone is convicted of a federal crime, their attorney may submit to the judge a very detailed sentencing memorandum that could help convince the judge to order minimal penalties.

For more info on this story go to: http://www.lvrj.com/news/two-indicted-in-video-poker-scam-112980314.html?ref=314

Certain cold medicines contain ingredients essential to manufacturing methamphetamine. For example Sudafed and Actifed contain meth ingredients ephedrine, pseudoephedrine, or phenylpropanolamine. Currently these medicines are available over-the-counter, but patrons can purchase only a limited number.

D.A. Neil Rombardo supports changing Nevada drug laws to require that customers get prescriptions to buy these cold medicines. He explains that because pharmacies aren't linked to a central tracking system, meth makers can go to several different pharmacies to buy enough cold medicine to make meth. The treatment rate for meth addiction in Nevada is three times the average nationally.

Nevada drug laws make it a crime to possess, sale, manufacture or transport illegal drugs as well as prescription drugs (without a valid prescription). The least serious crime is possession for personal use, and a first-time charge can often be dismissed by doing Drug Court. The most serious crime under Nevada drug laws is trafficking, which could carry decades in prison and hundreds of thousands of dollars in fines.

For more on this story, go to: http://www.nevadaappeal.com/article/20110108/NEWS/110109593/1070&ParentProfile=1058

In December a 17-year-old was arrested for allegedly vandalizing pre-historic pictographs at Red Rock Canyon. He spent the holidays in custody and has his next court date this month. It's reported that the cleanup at Red Rock may cost more than $10,000.

Nevada juvenile law provides that children under 18 who are suspected of criminal behavior to be heard in juvenile court instead of criminal court for adults. However in some cases Nevada juvenile law allows for kids to be "certified" for criminal court and face charges as an adult. Children under 8 can't be formally arrested.

Nevada juvenile law mandates that most juvenile records be sealed upon the person turning 21. The exceptions are charges relating to rape, lewdness with a child, violent felonies, and battery with intent to commit rape. Clark County Juvenile Detention Center acts as the "jail" for youths in Las Vegas, but it also offers school and social services to help rehabilitate the kids.

For more on this story go to: http://www.ktnv.com/story/13735139/accused-red-rock-graffiti-vandal

The Nevada Gaming Control Board filed a complaint alleging that employees at the Hard Rock casino committed the Nevada crime of selling drugs and even provided customers private bathrooms to take the drugs as well as have sex. The Hard Rock isn't admitting any wrongdoing but is offering to settle the case with $650,000. The Gaming Commission will consider this proposal this month or next month.

The Nevada crime of selling drugs prohibits selling controlled substances whether they're illegal drugs or prescription drugs. Arrests are frequently made after police allegedly witness a drug sale through either covert surveillance posts or stings where undercover police act as drug buyers. Common defenses to this crime include entrapment and insufficient evidence.

Penalties for the Nevada crime of selling drugs turn on the type of controlled substance. For a schedule I or II, a first offense is a category B felony carrying one-to-six years and $20,000. Otherwise it's one-to-five years and $10,000. If it's a first offense the judge may be willing to grant probation.

For more on this story go to: http://www.lasvegassun.com/news/2010/dec/30/hard-rock-hotel-hit-500000-fine-over-drugs/

Last week a thirty-two-year-old man from Kansas was arraigned on five drug felonies after the Nevada Highway Patrol allegedly discovered nearly a dozen pounds of marijuana and oxycodone in his car. He was reportedly arrested in Florida for drug crimes as well including possession of cocaine with intent to sell. His bail was set to $50,000.

The Nevada crime of possessing drugs for sale makes it unlawful to possess narcotics for the purpose of selling them. Police often presume a suspect has intent to sell if they're carrying around a lot of cash (especially small bills) and a weapon and are found in areas where drug deals typically take place. Other alleged signs that someone may be committing the Nevada crime of possessing drugs for sale include possessing large quantities of the narcotics and storing them in evenly-measured, separate containers or baggies.

Penalties for the Nevada crime of possessing drugs for sale depend on the type of controlled substance involved. A first offense for intending to sell schedule I or II drugs is a category D misdemeanor, carrying one to four years and maybe $5,000 in fines. Otherwise it carries one to four years and maybe $10,000 in fines. But probation may be possible for a first-time conviction.

For more on this story go to: http://www.lahontanvalleynews.com/article/20101230/NEWS/101239998/1055&ParentProfile=1045