Las Vegas Criminal Defense Blog

Yesterday a Las Vegas criminal court judge denied a motion to dismiss a case charging defendants with distributing marijuana. The defendants claim they were merely giving away the marijuana in accordance with Nevada medical marijuana laws and accepted donations. Over a dozen people have been charged in the case.

Nevada medical marijuana laws allows people suffering from certain diseases to apply for a medical marijuana card so they may take the drug as pain-killers. A Nevada medical marijuana card is good for one year and permits the cardholder to legally possess under state law no more than one ounce of marijuana at a time. Technically federal authorities may still arrest a cardholder for possessing marijuana since federal law doesn't allow medical marijuana use. However federal authorities tend to focus their efforts on large scale drug rings as opposed to ailing patients following state law.

Nevada law keeps confidential the names of applicants to and members of the medical marijuana program. They also keep private the person's physician and caregiver. But the state government may release information to law enforcement if they call into question the person's right to possess medical marijuana.

For more on this story go to: http://www.lvrj.com/news/judge-denies-motion-to-dismiss-medical-marijuana-case-130650943.html

To learn about how much medical marijuana a cardholder is permitted to have, see our informational video on Nevada Medical Marijuana Laws

A 23-year-old man who allegedly assaulted and robbed women at the Suncoast and Red Rock Resort casinos was arrested and booked in jail. He reportedly confessed to the police and claimed that he was homeless and needed the victims' money for drugs. He faces charges for the Nevada crime of robbery and battery with substantial bodily harm.

The Nevada crime of robbery is the unlawful taking of personal property from the person of another by means of force or fear of injury. A typical example is a person pushing over a woman on the street and then snatching her pocketbook. This is different from the Nevada crime of larceny from a person, where no force or fear is necessary, such as with pick-pocketing.

Common defenses to charges for the Nevada crime of robbery include mistaken identity, false allegations or lack of force or fear. As a category B felony, robbery carries two-to-fifteen years in prison. The sentence may be increased if a deadly weapon was used.

For more on this story go to: http://www.lvrj.com/news/man-faces-charges-in-robberies-beatings-of-elderly-women-130448613.htm

For more information about Nevada jails watch our informational video:

A UNLV basketball star will be suspended for one game after entering a guilty plea to violating Nevada DUI Law. He was arrested this past May for allegedly driving while under the influence of marijuana. He was also ordered to attend DUI School, pay a fine, and perform community service.

Under Nevada DUI law it's illegal to drive under the influence of either alcohol or drugs. An officer who pulls over a driver for a traffic stop under suspicion of DUI may ask the driver various questions and ask that he/she submit to a preliminary breath test and to perform field sobriety tests, such as the walk-and-turn, one-legged-stand, and horizontal gaze nystagmus test. If the cop then arrests the driver, he/she will have to submit to a blood test or breath test. If the cop suspects the driver is under the influence of drugs, then the driver has to take a blood test.

The sentence for violating Nevada DUI Law always turns on whether the person had previous DUI convictions in the past seven years and if someone got seriously hurt or killed by the incident. A first or second DUI with no bad injuries is a misdemeanor, and the judge will often grant no jail or ten days in jail, respectively. But a third DUI in seven years or a DUI that results in substantial bodily harm or death is a felony, and the judge may order prison.

To learn more about this story, go to: http://www.fox5vegas.com/story/15525870/dui-plea-nets-rebels-stanback-1-game-suspension

To learn more about Nevada DUI penalties, watch our informational video:

In November six people were indicted for 16 felony counts following a raid on a medical marijuana co-op. The defense has asked Clark County District Court to dismiss the charges because the defendants claim they never sold marijuana and merely distributed it for donations. The judge said he will review the grand jury documents further before deciding whether to dismiss the case.

Under Nevada medical marijuana law, if a physician determines that a Nevada resident is suffering from a disease protected under the Nevada Medical Marijuana Program, that person may apply for a medical marijuana card. The protected diseases include AIDS, cancer, glaucoma, multiple sclerosis, epilepsy, and some other chronic conditions. The card is good for one year and allows the holder to possess up to an ounce of marijuana.

Nevada medical marijuana law allows cardholders to designate one primary caregiver to administer the medical marijuana. This person has to be at least 18 and approved by the cardholder's physician. However, the caregiver cannot also be a user of medical marijuana.

For more on this story, go to: http://www.ktnv.com/news/local/129975998.html

For more on Nevada medical marijuana law, go to our informational video :

Early Tuesday morning a seventeen-year veteran of the Las Vegas Metropolitan Police Department was arrested for allegedly violating Nevada solicitation law. Officers reportedly witnessed him picking up a prostitute near the intersection of Paradise and Twain and then beginning a sex act in a parking lot. Both he and the woman were arrested, and he's since been put on paid administrative leave.

Nevada solicitation law makes it a crime to offer to trade sex for money (or another thing of value). A person may still be arrested for solicitation even if the sex act never takes place. Typical defenses to this charge include entrapment, insufficiency of evidence, or mistake.

Maximum penalties for violating Nevada solicitation law, a misdemeanor, are $1,000 in fines and/or 6 months in jail. The typical plea bargain for a first-time offense includes $250 in fines, an AIDS awareness class and/or "John School", and avoiding arrest again until the case is closed. But prostitution may be charged as a felony if a child is involved or the prostitute has HIV.

For more on this story: http://www.lvrj.com/news/las-vegas-officer-faces-charge-of-solicitation-of-prostitute-129823963.html

To learn more about beating a Nevada solicitation charge, go to our informational video:

On Monday a twenty-nine year old was arrested for allegedly violating Nevada DUI law and for impersonating an officer. The man reportedly identified himself as a North Las Vegas cop at the Hustler Club. Police say they found a gold badge in his truck as well as handcuffs in his pocket.

Nevada DUI law makes it a crime to operate a motor vehicle under the influence of alcohol or drugs. Even if the person is driving well, it's still a crime to drive if his/her BAC is .08 or more. Even if the car is parked, a person with a BAC of .08 or more may be arrested for DUI if the engine is on or the key is in the ignition.

Penalties for violating Nevada DUI law depend on whether the defendant had past DUIs and how serious the incident was. Even a first DUI may be a felony if someone gets seriously hurt or killed. Otherwise a first or second DUI within a seven year period is only a misdemeanor.

For more on this story go to: http://www.fox5vegas.com/story/15455794/man-arrested-for-impersonating-police-officer

To learn about how DUIs affect car insurance in Nevada, watch our informational video:

Various court cases are pending concerning Nevada medical marijuana laws. Although NRS 453A permits medical marijuana cardholders to possess small amounts of marijuana, state and federal law still prohibits the sale of it. Therefore both patients and sellers risk arrest if they try to buy or sell marijuana.

Nevada medical marijuana laws permit certain patient to have and use marijuana for medicinal purposes. However they must first go through a stringent applicant process with the backing of a licensed physician. And then they may possess only small amounts of marijuana at a time or risk arrest.

Nevada medical marijuana laws are geared for patients suffering from AIDS, cancer, glaucoma, multiple sclerosis, epilepsy, or any condition that causes muscle spasms, seizures, severe nausea, severe pain, or cachexia. Each patient may have one designated caregiver to help administer the marijuana. A medical marijuana card is good for only one year, and then the patient needs to reapply.

To learn more about this story go to: http://www.lvrj.com/news/patients-asking-courts-for-way-out-of-medical-marijuana-bind-129208148.html?ref=148

Learn about Nevada medical marijuana laws including medical marijuana cards by watching our video:

Last week a twenty-three year old woman was indicted for allegedly killing a fourteen-month old with a metal pipe. She faces charges for murder and child abuse. She was reportedly the child's godmother. She's currently being held without Nevada bail.

Nevada bail is money that a defendant may pay a court in return for being released from jail pending the case's conclusion. The judge has the discretion to determine how much bail to impose or whether to allow bail at all. Defendants in more serious cases such as murder are often denied bail.

Defendants can request a Nevada bail hearing to request a reduction in bail. It's like a mini-trial where each side presents evidence and witnesses. In some cases the judge may release a person without bail at all called an O.R. (own recognizance) release.

To read more about this story go to: http://www.lvrj.com/news/woman-faces-murder-child-abuse-charges-in-toddler-s-death-129130898.html

To learn about Nevada bail watch our informational video:

This week a former city attorney for Henderson pleaded no contest to the Nevada crime of drunk driving as part of a plea bargain. She'd been arrested in May for DUI after allegedly leaving the scene of an accident as well as there being an open container of alcohol in her car. She was ordered to pay a fine, attend DUI School, and watch a victim impact panel, which she's already done.

The Nevada crime of drunk driving occurs when someone operates a motor vehicle either while impaired by alcohol or with a BAC of .08 or above. Police use a variety of field sobriety tests to help determine whether the driver is driving drunk such as the walk-and-turn test, the one-legged-stand test, and the horizontal nystagmus test. Arrestees usually have the choice of taking a breath or blood test.

Penalties for the Nevada crime of drunk driving turn on the details of the incident. A first-time DUI with no injuries is usually just a misdemeanor with no more than six months in jail. But if substantial injury or death occurs, even a first-time DUI carries prison. A third-time DUI within seven years also carries prison even if no one gets hurt.

For more on this story go to: http://www.lasvegassun.com/news/2011/aug/31/former-henderson-city-attorney-pays-585-fine-atten/

To learn how to beat a DUI charge in Las Vegas watch our informational video:

Last week police arrested a Pahrump man for allegedly threatening various people with a gun. He reportedly went to a gas station and held a gun to a patron's head. Later he also allegedly held a gun to his wife. He faces charges for assault with a deadly weapon, possession of drug paraphernalia, and the Nevada crime of battery domestic violence.

The Nevada crime of battery domestic violence occurs when someone commits battery on his/her spouse, dating partner, ex-dating partner, family member or roommate. Authorities are often alerted of these cases through 911 calls. Typical defenses to these charges include false allegations, accident or self-defense.

Penalties for committing the Nevada crime of battery domestic violence depend on the severity of the incident. A first-time offense with no injuries, deadly weapon or strangulation is just a misdemeanor carrying a maximum six months of jail. Otherwise it's a felony carrying prison.

For more on this story go to: http://www.lasvegassun.com/news/2011/aug/25/pahrump-man-arrested-after-threatening-wife-store-/

To learn more about domestic violence law in Las Vegas go to our informational video: