Las Vegas Criminal Defense Blog

Two days ago two men under suspicion of committing the Nevada crime of robbery were arrested following a high-speed chase. During the chase the passenger suspect shot several times at the officers. They were booked at Clark County Detention Center.

The Nevada crime of robbery is the unlawful taking of personal property from the person of another (or in their presence) against their will and by means of force or fear of injury. A typical example is holding up a store and stealing money from the register. Robbery is different from the Nevada crime of "larceny from a person," which doesn't require force or fear--an example is pick-pocketing.

Common defenses to a charge of the Nevada crime of robbery is lack of force or fear, mistaken identity, and false allegations. It's a category B felony, carrying two to fifteen years in prison. If a deadly weapon is used the sentence may be increased by up to twenty years (as long as the enhancement isn't longer than the original sentence).

For more on this story go to: http://www.lvrj.com/news/las-vegas-police-arrest-two-after-high-speed-chase-with-shots-fired-120776194.html

Last week a 64-year-old Las Vegas man was arrested on suspicion of violating mortgage fraud law in Nevada. He was also indicted on wire fraud, mail fraud and other charges. After pleading not guilty in federal court he was released on his own recognizance.

Mortgage fraud law in Nevada prohibits intentionally trying to defraud a participant in a mortgage lending transaction. Examples are knowingly making a false statement or material representation about a material fact, deliberately concealing or failing to disclose material facts, or knowingly receiving proceeds from a mortgage fraud violation.

A violation of mortgage fraud in Nevada is both a federal and state crime. In state court, it's a category C felony carrying 1 to 10 years in prison. Meanwhile engaging in a "pattern" of mortgage lending fraud is a category B felony carrying 3 to 20 years in prison.

For more on this story go to: http://www.lvrj.com/news/las-vegas-man-arrested-on-fraud-charges-120427324.html

Last week a forty-two year old man allegedly drove his BMW into a police officer who was parked near Town Square in Las Vegas. The cop reportedly was thrown fifty feet and suffered fractures and a punctured lung. The motorist was arrested for the Nevada crime of drunk driving causing substantial bodily injury.

The Nevada crime of drunk driving causing substantial bodily injury comprises DUI incidents where the motorist gets into an accident that causes someone other than him/herself to sustain serious injuries. Even if the driver wasn't technically impaired, having a BAC of .08 or above is per se illegal and subjects the driver to DUI prosecution. Standard defenses to this offense include that the driver had not been drinking until after the car stopped, that the breath testing equipment was faulty, that the physical harm was caused by something other than the driving, or that the victim was more at fault than the accused.

The Nevada crime of driving drunk causing substantial bodily injury is a category B felony in Las Vegas. The punishment includes two to twenty years in prison and maybe a fine of $2,000 to $5,000. The judge may impose a more serious prison sentence if the driver was transporting a child fourteen years old or younger.

For more on this story go to: http://www.lvrj.com/news/henderson-driver-arrested-after-car-strikes-las-vegas-police-officer-119853114.html

On Tuesday a motorist allegedly fired at two police officers during a drive-by shooting in Las Vegas near Flamingo and Swenson. One of the officers fired back in accordance with Nevada self-defense law, and the alleged gunman has since died from the wounds. So far this year Las Vegas Metro has had nine officer-involved shooting incidents.

Nevada self-defense law permits anyone to protect themselves against an immediate threat of physical force. However, the victim may inflict only as much force as necessary to quell the threat. So it is legal to kill in self-defense but only if you faced death or substantial bodily harm.

Nevada self-defense law serves as a legal defense for such charges as battery, battery domestic violence, resisting arrest, robbery, rape, attempted murder, and murder. It's also legal to defend someone else as long as they faced death or substantial bodily harm. And if someone enters your residence with a clear intent to carry out a felony such as burglary or to hurt someone in the residence, it is legal to kill the intruder.

For more on this story go to: http://www.lvrj.com/news/police-involved-in-shooting-following-traffic-stop-120256839.html

Defendants in Las Vegas criminal cases sometimes find it unsettling to see their attorney chatting amicably with the prosecutor. There is a common perception that in adversarial proceedings the objective is to do battle, and that the best way to fight is to be nasty and aggressive. As a younger attorney, I often walked into court with a chip on my shoulder. I soon came to realize, however, that the relationships I built with prosecutors and judges would serve my clients much better if I focused on building credibility and respect.

Most Las Vegas criminal cases resolve without trial. Case negotiations are predicated on a variety of factors. Most significant is the relative strength of the evidence. But in all cases, prosecutors have a range of discretion. The defense objective is to encourage the prosecutor to lean towards the lower end of their discretion, like offering a reckless driving instead of a DUI. Building relationships based on mutual respect best ensures good offers and results.

Some cases cannot be negotiated and trials are inevitable; that’s the time to take off the gloves. Experienced attorneys understand that worthy adversaries will fight aggressively for their cause. But when court is in recess, the prosecutor and defense attorney may share a casual conversation in the hall.

Here’s the bottom line: An effective Las Vegas criminal defense attorney must nurture healthy relationships with prosecutors and judges, who most respect the attorneys who know which cases should be resolved and which ones should go to trial. And an attorney known to be a fierce litigator will almost always get the best results, whether through favorable negotiations or verdicts.

Last year a fifty-year-old Henderson cop was arrested on a misdemeanor charge, which he disputed. He faced up to six months in jail and up to $1,000 in fines. However, his attorney, Las Vegas Defense Group’s Michael Castillo, negotiated a favorable resolution without a trial. Mr. Castillo said, "Without admitting guilt, Defendant agreed to fulfill some relatively minor conditions in order to ultimately obtain a dismissal of the case."

The Nevada crime of prostitution makes it illegal to trade money (or other valuables) for sexual favors. Even the act of offering to or asking to trade money for sex is illegal (called "solicitation of prostitution"). Common defenses include false allegations, lack of evidence, and entrapment.

The Nevada crime of prostitution is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Sometimes the D.A. will agree to a plea bargain whereby the defendant agrees to do an AIDS Awareness class and pay a fine in exchange for a trespass charge. But judges usually do impose jail on repeat offenders.

For more on this story, go to: http://www.lvrj.com/news/henderson-lieutenant-demoted-after-prostitution-arrest-119425119.html

Harry Reid is one of four senators pressing for smartphone makers to cease offering apps which alert motorists to DUI checkpoints. Some say the apps contribute to injuries and deaths because they help drunk drivers avoid being caught before there's an accident. But others believe the apps dissuade drunk drivers from taking the wheel to begin with.

Nevada DUI law makes it an offense to drive drunk or high. Even if you're not impaired, having a BAC of .08 or above is a violation of Nevada DUI Law. Typical defenses to DUI allegations include faulty breath testing equipment, police misconduct, and lack of evidence.

Penalties for breaking Nevada DUI law turn on the driver's history and severity of the incident. A first or second DUI with no injuries is just a misdemeanor carrying a maximum 6 months in jail. But a third DUI in seven years or a DUI resulting in injury or death is a felony carrying potentially several years in prison.

For more on this story go to: http://www.fox5vegas.com/news/27302968/detail.html

Senate Bill 91, which would require people convicted of Nevada DUI Law with a BAC of .15 or more to undergo an evaluation for alcohol or drug abuse and attend treatment, has passed the Senate Transportation Committee. The current minimum BAC for mandatory treatment is .18. Next the Nevada State Senate will vote on the bill.

Nevada DUI Law makes it a criminal offense to drive while intoxicated on drugs or alcohol. Even if you're driving unimpaired, having a BAC of .08 or higher while behind the wheel is automatically illegal. Common defenses include that the breath-testing equipment was faulty or that the police didn't have cause to pull you over in the first place.

The penalties for Nevada DUI Law depend on the circumstances. If no one got hurt, then it's usually a misdemeanor carrying fines, DUI School, Victim Impact Panel, a 3-month license suspension, and a suspended sentence. But if someone died, got injured or it's your third DUI in seven years, then it's a felony carrying potentially several years in prison and high fines.

For more on this story go to: http://www.rgj.com/article/20110330/NEWS11/103300356/Tougher-DUI-bill-passes-Nevada-committee?odyssey=mod|newswell|text|Local%20News|s

A fifty-three year old man was given three years probation and a twelve month suspended sentence for the Nevada crime of false imprisonment. He allegedly locked his girlfriend inside a home by padlocking the door. He claimed she was asleep and that he didn't want anyone coming in and disturbing her.

The Nevada crime of false imprisonment is illegally depriving someone else's freedom of movement. Examples include locking someone inside a car, cornering them in a room, and even using them as a human shield. Common defenses include self-defense, consent, and a parent's right to discipline their child

The Nevada crime of false imprisonment is usually a gross misdemeanor carrying up to one year in jail and/or up to $2,000 in fines. But if the defendant used a deadly weapon, it's a category B felony carrying one to six years in prison. Furthermore, using someone as a human shield or to avoid arrest carries one to fifteen years in prison.

For more on this story go to: http://www.nevadaappeal.com/article/20110322/NEWS/110329965/1070&ParentProfile=1058