Las Vegas Criminal Defense Blog

The Northern Nevada DUI Task Force sponsored various DUI patrols in and around Reno over Memorial Day weekend. In all they made nine separate arrests for alleged violations of Nevada DUI law. Two of the arrests were the result of accidents.

Nevada DUI law makes it a crime to drive drunk or high. Even if the driver is not impaired, it's still per se illegal to drive with a BAC of .08 or above. Officers try to determine whether someone is committing a DUI by conducting a preliminary breath test and by asking the driver to submit to various sobriety tests.

The penalties for violating Nevada DUI law depend on the driver's history and the severity of the incident. A first or second DUI with no injury is a misdemeanor carrying a maximum of six months in jail as well as various other court orders including DUI School and a Victim Impact Panel. But a third DUI in seven years, or a DUI causing death or injury, is punished as a felony carrying prison.

For more on this story go to: http://www.rgj.com/article/20110530/NEWS01/110530017/9-drivers-arrested-Reno-DUI-over-Memorial-Day-weekend?odyssey=mod%7Cnewswell%7Ctext%7CLocal%20News%7Cp

Last month the Nevada Supreme Court held that someone who's convicted of a sex offense in another state and who then relocates to Nevada may still be required to register as a sex offender in Nevada even if the original state no longer requires registration. Judge Cherry explained that the Full Faith and Credit Clause doesn't force Nevada to abide by another state's rules in matters of protecting its citizenry. Therefore someone who neglects to register as a sex offender in Nevada may then be prosecuted for the Nevada crime of failure to register as a sex offender even if the state where the crime was committed lifted the original registration requirement.

The Nevada crime of failure to register as a sex offender makes it illegal to do the following: To fail to register with a local law enforcement agency within 48 hours of being released from custody; to fail to notify the police of any change of name/address/employment or student status within 48 hours of the change; to fail to complete the annual verification form; or to provide misleading or erroneous information to the police or Nevada Central Repository. It doesn't matter whether the defendant willfully defied a court order or merely forgot to follow the order--both are viewed as equally unlawful. Typical defenses to this crime include human error, false allegations, and that there was no order to register.

The penalties for the Nevada crime of failure to register as a sex offender are very serious. A first offense is a category D felony carrying one to four years in prison and maybe up to $5,000 in fines. A subsequent offense is a category C felony carrying one to five years in prison and up to $10,000 in fines. The judge may grant probation for a first offense but not a subsequent one.

To read the case go to: http://www.nevadajudiciary.us/index.php/advancedopinions/1072-donlan-v-state-

Last week a man suspected of a 2007 Strip shooting that resulted in four people being injured was arrested in Chicago. He's been charged with attempted murder, assault, the Nevada crime of battery, and other offenses. He is awaiting extradition to Nevada.

The definition of the Nevada crime of battery makes it illegal to use unlawful physical force intentionally on another person, such as punching, burning or biting. Just this month the Nevada Supreme Court in Hobbs v. State affirmed that battery also comprises the act of spitting. Typical defenses to battery include consent to the battery, self-defense or accident. Battery is a separate crime from assault, which is intentionally putting someone in apprehension of unlawful and immediate physical force.

Penalties for committing the Nevada crime of battery depend upon the circumstances. If no deadly weapon was used and no one sustained substantial bodily harm, it will probably be prosecuted as a misdemeanor carrying up to $1,000 in fines and/or up to 6 months in jail. But battery committed with a deadly weapon and substantial bodily harm is a category B felony carrying two to fifteen years in prison and maybe up to $10,000 in fines.

For more on this story go to: http://www.lvrj.com/news/man-arrested-in-chicago-for-2007-strip-shooting-of-four-people-122363148.html

Yesterday the Clark County D.A. filed charges against a former deputy Clark County district attorney who allegedly bought cocaine in March. He's accused of committing conspiracy, gun crimes and Nevada drug crimes. Prior to the incident this D.D.A. was a drug prosecutor. He resigned in April.

Common Nevada drug crimes include possession, possession with intent to sell, selling, and trafficking. Possession usually carries the least serious penalties, especially for a first offense. Trafficking usually carries the most serious penalties, including prison.

Defenses to Nevada drug crimes depend on the circumstances of the case. A typical defense is entrapment, whereby an undercover cop wrongly entices someone to buy drugs who normally would not have bought the drugs. Another common defense is police misconduct: If the cops performed an illegal search in order to uncover the drugs, the drugs should be tossed out as evidence.

For more on this story go to: http://www.lasvegassun.com/news/2011/may/19/charges-filed-drug-case-former-clark-county-prosec/

Last week a UNLV basketball player was arrested for allegedly violating Las Vegas DUI law a short distance from his home. He will be arraigned in court on August 11. This player was suspended last year for two games due to academic problems.

Las Vegas DUI law makes it a crime to operate a motor vehicle while either 1) impaired by alcohol or drugs, or 2) having a blood alcohol level of .08 or more. If a cop suspects a driver of drunk driving, he/she will usually pull the driver over and have them perform field sobriety tests such as the one-legged stand, the walk-and-turn, and the horizontal gaze nystagmus. If the tests' results suggest intoxication, the cop will arrest the driver and order him/her to submit to a blood or breath test.

Violations of Las Vegas DUI law that result in no injuries are misdemeanors. But a third DUI incident in a seven-year span is a felony. And DUIs that result in substantial injuries or death are also prosecuted as felonies.

For more on this story go to: http://www.upi.com/Sports_News/2011/05/17/Rebels-Stanback-in-DUI-arrest/UPI-53011305645861/#ixzz1MotSkgt4

Last week a man and woman were found guilty for first degree murder, for violating Nevada robbery law, and for some other felonies in connection with a 2008 robbery plot that turned fatal. This week the jury is deciding whether to sentence the man to death. The woman may receive up to life in prison without parole.

Nevada robbery law makes it a crime to take personal property from another (or in their presence) by means of force or violence or fear of injury. The typical example is a thief pushing over a woman and snatching her purse. Typical defenses include no force or fear, mistaken identity, or lack of evidence.

Violating Nevada robbery law is a category B felony carrying two to fifteen years in prison. If a deadly weapon was used, the judge may enhance the sentence by up to twenty years as long as the enhancement is no larger than the original sentence. Double jeopardy prohibits someone from being convicted of both robbery and battery in the same case unless the battery and robbery were completely unrelated to each other.

For more on this story go to: http://www.lvrj.com/news/man-woman-found-guilty-in-robbery-plot-death-121421214.html

This week Las Vegas police arrested an eighty-year old man for allegedly beating an elderly woman to death. He faces charges for violating Nevada murder law. In 2003 he pleaded guilty to burglary.

Nevada murder law divides murder into two degrees. First degree murder is premeditated killing or a killing done in the commission of another felony such as burglary. Second degree murder is killing done with extreme recklessness for human life, such as Russian Roulette.

Nevada murder law allows for capital punishment in first degree murder convictions. The maximum punishment for second degree murder is life in prison. People under eighteen at the time of the homicide or who are mentally retarded may not be sentenced to death.

For more on this story go to: http://www.lvrj.com/news/police-arrest-80-year-old-las-vegas-man-in-slaying-121533419.html

Last week a judge delayed a preliminary hearing in the felony case of boxer Floyd Mayweather Jr. He’s been charged with the Nevada crime of battery domestic violence as well as coercion, grand larceny and robbery. He’s currently free on bail.

The Nevada crime of battery domestic violence is when someone intentionally inflicts unlawful physical force on their family member, significant other or roommate. Typical evidence the prosecution will use in domestic violence cases includes 911 calls, eyewitness testimony, and pictures of any injuries. Common defenses are self-defense, accident, and false allegations.

Penalties for the Nevada crime of battery domestic violence depend on the severity of the case. A first or second offense within a seven-year period without substantial bodily injury, deadly weapons or strangulation is a misdemeanor. Otherwise it’s a felony carrying prison.

For more on this story go to: http://www.lvrj.com/news/hearing-delayed-in-boxer-mayweather-s-felony-case-120875104.html

Last week a middle school teacher was arrested for the Nevada crime of attempted murder and other charges for allegedly shooting at a TV crew parked in front of his home. He reportedly fired three shots but no one was injured. The show was for “Repo Games,” which plays on Spike TV.

The Nevada crime of attempted murder is the failed performance of an act which tends to kill a human being. In order to prove guilt the prosecution must show beyond a reasonable doubt that the defendant intended to kill the would-be victim and took a direct step towards accomplishing the killing. An example would be hiring a hitman to kill someone or trying to knife someone in the throat who dodges the strike.

The Nevada crime of attempted murder is a category B felony in Las Vegas. The penalty includes 2 to 20 years in prison, which may be enhanced if a deadly weapon was used or if the would-be victim was age 60 or older. Common defenses to an attempted murder charge are self-defense and lack of intent to kill.

For more on this story go to: http://www.lvrj.com/news/schoolteacher-arrested-faces-several-charges-121017969.html