Las Vegas Criminal Defense Blog

On Friday Las Vegas Metropolitan Police and transportation officials began what will be a three-week campaign to combat drunk driving. From now through Labor Day police are being paid overtime through a federal grant in order to help carry out the campaign. Last year there were almost 90 deaths state-wide that resulted from violations of Nevada DUI law.

Nevada DUI law makes it illegal to operate a car, truck or other vehicle with a BAC of .08 or above. It's also illegal to drive with excessive amounts of certain drugs in your blood. Furthermore, a person may be convicted of drunk driving for being impaired by alcohol or drugs even if their BAC number was legal.

Penalties for violating Nevada DUI law turn on the circumstances of the incident. If no one gets hurt, a first or second DUI within a seven year time-frame is a misdemeanor with a maximum six months in jail. But a third DUI in seven years is an automatic felony with a possible four-year sentence. And a first time DUI that results in injury or death is also a felony possibly carrying several years in prison.

For more on this story go to: http://www.lvrj.com/news/nevada-law-enforcement-launching-anti-dui-campaign-128143933.html?ref=933

To learn about the Nevada DUI Court process, watch our informational video:

Last month a nineteen year old and a twenty-two year old were arrested for allegedly stealing 500 ounces of silver from a Pahrump home and then selling it at a pawn shop in Las Vegas. They face charges for burglary, transfer of stolen property, conspiracy, and the Nevada crime of grand larceny. The twenty-two year old was also charged with being under the influence of a controlled substance.

The Nevada crime of grand larceny is the unlawful taking of property worth $250 or more. So shoplifting $250 or more of goods would be charged as grand larceny. If the value is less than $250, the charge would be petty larceny.

Penalties for grand larceny in Nevada depend on the value of the items allegedly stolen. If it's less than $2,500, the sentence is 1 to 5 years in prison, restitution and maybe $10,000 in fines. Otherwise the sentence is 1 to 10 years in prison, restitution, and maybe $10,000 in fines.

For more on this story go to: http://www.fox5vegas.com/story/15148721/pahrump-men-charged-in-stolen-silver-case

To learn about the Nevada crime of grand larceny watch our informational video:

Last week police arrested a man who's allegedly the mastermind behind a massive marijuana operation in Pahrump. He's facing charges of violating various Nevada marijuana laws including trafficking, possession, and possession with intent to sell. Cops seized two thousand plants reportedly valued at $5.7 million.

Nevada marijuana laws make it a crime to possess, use, sell, intend to sell or traffic marijuana. Only patients who applied for and were granted state-issued medical marijuana cards may legally smoke marijuana, but they can never possess more than a small amount at a time. Recent attempts to legalize marijuana in Nevada have all failed.

Penalties for violating Nevada marijuana laws depend on the specific crime. A first time offense of possessing one ounce or less of marijuana usually carries no jail time at all, just a fee and rehab. Meanwhile trafficking ten thousand pounds or more carries up to a life prison and maybe $200,000 in fines.

For more on this story go to: http://www.8newsnow.com/story/15250949/major-marijuana-bust-in-pahrump

To learn about drug trafficking laws in Nevada, go to our informational video:

This weekend a 19-year-old man was arrested for the Nevada crime of DUI causing death. While driving he allegedly struck a forty-six year old women, killing her. According to Las Vegas police this was the 42nd traffic death so far in 2011.

Like it sounds, the Nevada crime of DUI causing death is when someone who's driving under the influence of alcohol or drugs causes someone else to die. Typical defenses to this crime include that the breath/blood testing equipment was faulty, that the driver hadn't begun drinking until after he/she stopped driving, or that the death was not caused by the defendant's driving drunk. This crime is a category B felony in Nevada.

Penalties for the Nevada crime of DUI causing death include two-to-twenty years in prison and maybe a fine of $2,000 to $5,000. If the defendant was transporting a child fourteen or younger at the time of the incident, the judge may consider it an aggravating circumstance when deciding on the final sentence. People imprisoned for this crime are usually segregated from violent offenders.

For more on this story go to: http://www.ktnv.com/news/local/127667028.html

To learn about DUI breath test refusals in Nevada, watch our informational video:

On Monday Las Vegas police shot a man after responding to reports of a domestic violence incident near Tenaya and Summerlin Parkway. The man was reportedly caught strangling a woman and then tried to run away, eventually breaking into an occupied residence. The police then found him and shot him after the man refused to give up his own weapon.

The Nevada crime of battery domestic violence makes it unlawful to commit battery on a family member, significant other or roommate. If the two people involved in the incident aren't related, dating, broken up or living together, the alleged perpetrator would be charged under regular battery laws instead. Typical defenses to this charge include self-defense, false allegations and accident.

Penalties for the Nevada crime of battery domestic violence depend on whether the defendant has past convictions, whether deadly weapons were used, whether there was strangulation, and whether the victim was seriously hurt. A first or second domestic abuse case within a seven year period carries a maximum six months in jail as long as the victim sustained no substantial bodily harm, there were no deadly weapons and no strangulation occurred. But a third incident in seven years carries at least one year in prison even if there are no injuries. A first-time offense with strangulation is also a felony carrying mandatory prison time.

For more on this story go to: http://www.ktnv.com/news/local/127281398.html

To learn about the Nevada crime of battery domestic violence watch our informational video:

A Henderson City Attorney arrested for the Nevada crime of drunk driving back in May is quitting her job and getting close to a six-figure severance pay. She reportedly crashed her Lexus near the Green Valley Ranch Casino, attempted to drive away, and then crashed once more before attempting to leave by foot. Her trial is set for next month.

The Nevada crime of drunk driving prohibits operating a motor vehicle while impaired by alcohol or with a BAC of .08 or above. If a cop pulls someone over on suspicion of DUI, he/she may ask the driver various questions and to submit to a preliminary breath test as well as field sobriety tests (FSTs). FSTs include the one-legged stand, the walk-and-turn test, and the horizontal gaze nystagmus (eye) test.

Penalties for the Nevada crime of drunk driving turn on the defendant's criminal history and the severity of the incident. A first DUI within a seven year period that results in no major injuries carries a maximum six months in jail that the defendant usually does not have to do. But a third DUI in seven years carries a minimum one year in prison even if no one gets hurt.

For more on this story go to: http://www.ktvn.com/story/15234743/city-attorney-charged-with-dui-gets-severance

To learn about the DUI court process watch our informational video:

Last month medical marijuana personality Dr. Reefer pleaded guilty to violating Nevada medical marijuana laws for selling pot through his consulting business. The plea was part of a deal to spare other members of his family from going to prison. He's scheduled to be sentence in October.

Nevada medical marijuana laws permit some patients to use pot for medicinal purposes if they apply and are accepted into the state medical marijuana program. They need to be suffering from either AIDS, cancer, glaucoma, multiple sclerosis, epilepsy, or another severe condition. They need a doctor to recommend them for the program.

A Nevada medical marijuana card is good for one year, and then the patient needs to reapply. Since it's illegal to buy or sell pot, patients usually receive pot from patient support groups or grow the marijuana themselves. However the state has strict rules limiting the amount of marijuana patients can have at one time.

To read more about this story go to: http://www.tokeofthetown.com/2011/07/dr_reefer_accepts_plea_bargain_quits_marijuana_bus.php

To learn about Nevada medical marijuana laws, go to our informational video:

Last month Las Vegas police arrested eight illegal immigrants for allegedly committing the Nevada crime of drug trafficking. Law enforcement seized 212 pounds of drugs valued at nearly six million dollars. It was the biggest methamphetamine bust in the state's history.

The Nevada crime of drug trafficking is when a person knowingly sells, makes, or delivers a large quantity of schedule I or II drugs. Trafficking laws do not apply to schedule III, IV or V drugs. Typical defenses include that the drugs didn't weigh enough to count as trafficking or that the police performed an illegal search and seizure of the drugs.

Penalties for drug trafficking depend on the schedule of drugs and the quantity. For instance trafficking 28 grams or more of a schedule I drug may carry as much as a life sentence. In contrast trafficking less than 200 grams of a schedule II drug may carry as little as one year in prison.

For more on this story go to: http://www.policeone.com/drug-interdiction-narcotics/articles/4046647-Vegas-meth-bust-nets-8-immigrant-arrests/

To learn more about the Nevada crime of drug trafficking go to our informational video: