Las Vegas Criminal Defense Blog

In May the Nye County sheriff ordered that his deputy place the Nye County district attorney under arrest for allegedly misusing public funds. But charges were never filed because the D.A. declined to charge himself. Meanwhile, the D.A. had a special prosecutor conduct an investigation of the sheriff's office and then charge the deputy with a felony.

In Nevada, crimes are divided into three categories: Misdemeanors, Gross Misdemeanors, and Felonies. Felonies comprise the most serious crimes and are themselves subdivided into five classes: Category A felonies in Nevada carry the heftiest sentences, while Category E felonies carry a one year minimum in prison that sometimes may be suspended for probation.

Examples of category A felonies in Nevada are murder, first degree kidnapping, and sexual assault. Penalties for category A felonies in Nevada include life in prison with or without the possibility of parole. And a first-degree murder conviction may carry the death penalty.

For more on this story, go to: http://online.wsj.com/article/SB10001424052748704103904575336661401293070.html?mod=WSJ_WSJ_US_News_5

Last month a star UNLV basketball player was arrested for allegedly trying to strangle his girlfriend. Domestic violence is normally a misdemeanor as long as no one sustains serious bodily harm, but if strangulation is involved it's charged as a felony. If convicted, the basketball player faces up to five years in prison.

Nevada felony law comprises the most serious crimes in the state, including manslaughter, burglary, and drug trafficking. Contrarily, misdemeanors comprise the least serious crimes including petit theft, trespass, and a first-time DUI with no injury. Gross misdemeanors are the middle class of offenses and include a first offense of indecent exposure or open or gross lewdness.

The prison range for crimes punished under Nevada felony law depend on what category the crime is. Category A crimes such as murder can potentially result in death or a life sentence, whereas Category E crimes such as "peeping" with a camera may result in only probation and a suspended sentence. As a general rule, the minimum prison sentence allowed under Nevada felony law is one year. Immigrants or non-citizens convicted of a felony may face deportation from the U.S.

For more on this story, go to: http://www.8newsnow.com/Global/story.asp?S=12737087

Yesterday a twenty-two year old was arrested for allegedly crashing his PT Cruiser into a Mercedes on Charleston Blvd. while under the influence of alcohol. He was arrested for felony DUI with death and booked at the Clark County Detention Center without bail. According to the Metropolitan Police Department, this was the 17th fatal accident in 2010.

A person may be arrested for Nevada felony DUI causing death if the police believe he/she drove a car while drunk or high which then resulted in a fatal car crash. Even if the person’s BAC measures at less than .08 (the legal limit), a judge or jury may still find him/her guilty of driving under the influence if the prosecutor can show the driving was impaired by drugs or alcohol. Nevada felony DUI causing death is charged as a category B felony, whereas DUI accidents that result in no harm are charged as a misdemeanor.

If a person is charged with Nevada felony DUI causing death, he/she faces potentially steep penalties. The judge may order two to twenty years in prison and perhaps an additional fine of $2,000 to $5,000. In DUI cases, the Department of Corrections makes an effort to separate people convicted of DUI from violent offenders.

Read more about this story at http://www.lvrj.com/news/man-dies-in-2-car-collision--driver-arrested--faces-drunken-driving-charge-89882657.html.

Last week a nineteen year old Henderson teen entered a plea of not guilty in a DUI case that resulted in two fatalities. Police report that her BAC was three times the legal limit when she crashed her car into another car back in February. She’s charged with two counts of Nevada felony DUI causing death. Her trial is scheduled for May.

You may be arrested for Nevada felony DUI causing death if police believe you operated a vehicle while drunk or high and had a fatal car accident because of it. You can still be convicted if your BAC was less than the legal limit of .08 as long as prosecutors can show that you were driving under the influence of alcohol or a drug. Nevada felony DUI causing death is a category B felony (DUI incidents that don’t result in injuries or death are charged as just a misdemeanor).

If someone’s convicted for Nevada felony DUI causing death, they may be sentenced to harsh penalties. The prison range is two to twenty years with maybe a fine of $2,000 to $5,000. In these case, the Department of Corrections does try to segregate anyone convicted for these DUIs from violent offenders and to house them in a minimum security facility.

Read more about this story at http://www.lasvegasnow.com/Global/story.asp?S=12212592.

Earlier this month, a twenty-seven year old man in Story County was acquitted of felony charges in connection with his alleged assault of a police officer in August. His lawyer argued that he was actually the victim of police brutality, evidenced by the cop tasing him five times during the fight. Although he escaped felony convictions, the suspect was found guilty of various misdemeanors and faces up to three years of jail.

Tasers, which resemble guns, shoot electrical volts rather than bullets. Currently, over 14,000 law enforcement agencies around the world use stun guns. Nevada taser laws allow cops to use them to subdue unruly suspects whose aggressive behavior is threatening the safety of others or police officers.

Nevada taser laws prohibit police from using tasers if certain circumstances: If doing so would cause substantial injury or death, if the officer knows the suspect has come into contact with flammable liquid, if the suspect is already handcuffed, to awaken a suspect who’s unconscious or drunk, or when the suspect is pregnant. Nevada taser laws discourage police from using stun guns in other circumstances unless it’s absolutely necessary: When the suspect is driving, holding a gun, or is very old, infirm or disabled.

Read more about this story here: http://www.amestrib.com/articles/2010/03/09/ames_tribune/news/doc4b96791278c42216131226.txt

In Virginia this week, a ranch hand pleaded guilty to two counts of obtaining money by false pretences for writing bad checks to buy a million dollar mansion as well as cars and ATVs. He was originally arrested in September a few weeks after he allegedly had gone to Farmers Bank and showed them a false $5.9 million portfolio.

Here, the Nevada crime of obtaining money by false pretenses makes it illegal to knowingly obtain valuables from another person with the intent to cheat or defraud them. The valuables can be anything from money, goods, wares and chattel to rent or labor. How seriously the Nevada crime of obtaining money by false pretenses is punished depends on the value of the property that was allegedly obtained wrongfully:

If the value was less than $250, then the Nevada crime of obtaining money by false pretenses is just a misdemeanor and carries a $1,000 fine and/or up to six months in jail as well as restitution. But if the value is for $250 or more, then it’s a category B felony, carrying one to six years in prison and/or a fine of up to $10,000 plus restitution.

For more on this story, visit http://articles.dailypress.com/2010-03-17/news/dp-local-conman-trial-0317mar18_1_pleads-smithfield-guilty.

On Sunday, two men allegedly broke into a home in Henderson with intent to rob it. Someone in the house called the police, prompting the men to take off. One was caught on the street, while the other attempted to hide in another house. But this house was owned by a police officer, who was home at the time, and he shot the suspect in the leg.

A neighbor later said, "It's always been a comfort. The neighborhood knows a policeman is in the neighborhood that takes an interest in our safety here." The two suspects, who are in their late thirties, are facing charges of kidnapping, robbery, and violating the Nevada crime of coercion. No one else was hurt in the incident.

The Nevada crime of coercion (NRS 207.190) makes it unlawful for someone, with the intent of compelling another person to act or not act in a way that person doesn’t have to, to use violence or threats on that person, his/her family or property. The Nevada crime of coercion is only misdemeanor where no physical force or immediate threat of physical force is used. But if it is, coercion is charged as a category B felony, carrying up to six years in prison and maybe a fine of up to $5,000.

Read more about this story at http://www.ktnv.com/Global/story.asp?S=12140598.

Last month, a man accused of colliding with a car while allegedly driving drunk and then fleeing the scene was subsequently struck by a truck. The incident happened in the early afternoon at the intersection of West Flamingo Road and South Wynn Road. He was in critical condition, and Metro is currently investigating the collision.

Las Vegas DUI law criminalizes the act of driving while under the influence of drugs or alcohol. Even if you’re driving well and seemingly unimpaired, it’s automatically illegal to drive with a BAC of .08 or above. If a police officer suspects you of DUI and pulls you over, you will have to submit to field sobriety tests and a breath or blood test.

Penalties for violating Las Vegas DUI law are less severe if no injury or death occurs. A misdemeanor, it carries DUI School, a victim impact panel, fines, and usually a suspended sentence of up to six months. But if substantial injury or death occurred, breaking Las Vegas DUI law becomes a felony, carrying years in prison and probation. A third DUI in seven years is charged as a felony as well.

Read more about the story at http://www.fox5vegas.com/news/22607445/detail.html

A week and a half ago, eight people convicted of “DUI causing death” in Nevada were sent back to prison when Nevada Attorney General Catherine Cortez Masto ruled that the Department of Corrections wrongly released them early. Nevada DUI law mandates a minimum two-year prison sentence for “DUI causing death” in Nevada, but these eight people served only part of that time. The Attorney General’s ruling came on the heels of a report that many convicted "DUI with death" offenders have been allowed to serve house arrest too early in their sentence.

Family of the DUI victims are hailing the Nevada DUI law ruling as justice served, while attorneys for the eight rebooked inmates are researching their options to contest the measure. In justifying her decision, Nevada Attorney General Masto said, “Since the article came out, I have reviewed the law, and the advice given by our office was wrong . . . We contacted the [corrections department], and they'll take immediate corrective actions. We want to do what's right for the victims.”

Nevada DUI law makes it a category B felony to cause death in a drunk-driving accident. The penalties include two-to-twenty years imprisonment with an optional $2,000 to $5,000 fine. People convicted of DUI causing death will probably be incarcerated in a minimum security prison and segregated from violent offenders.

Read more about this story at http://www.lahontanvalleynews.com/article/20100218/NEWS/100219899/1055&ParentProfile=1045

Last week a nineteen year old was arrested on two counts of Nevada felony DUI causing death in Henderson. She allegedly crashed into a Hyundai SUV at Horizon Ridge Parkway and Shaded Canyon Drive, killing the two people in the car. Police say her BAC at the time was .26, which is three times the legal limit.

People may be charged for Nevada felony DUI causing death if they operated a vehicle while intoxicated and had a fatal car accident. The driver can still be convicted if his/her BAC was less than .08 as long as the state can prove the driver was driving under the influence of alcohol or a drug.

Convictions for Nevada felony DUI causing death are very harsh. It’s a category B felony, carrying two to twenty years imprisonment. They may also be fined $2,000 to $5,000. However, the Department of Corrections will try to segregate people convicted for these DUIs from violent offenders and house them in a minimum security facility.

Last week, a Laughlin man was arraigned for two felonies, bringing his total to nine: He now faces charges for kidnapping, armed robbery, aggravated assault and first degree burglary, amongst others. The indictments stem from an alleged home invasion robbery in Bullhead City back in August.

The defendant’s trial is now set to begin February 23rd, and his case was severed from that of five other co-defendants. The defendant has already served six years for a 2002 armed robbery, and he was released this past April. During this recent alleged home invasion, friends of the victim spotted the crime through the window and recorded the suspects’ license plate, which helped authorities identify them.

People arrested in Laughlin are typically booked at the Laughlin Jail initially. However, the Laughlin Jail is merely a holding facility, with inmates staying there for rarely more than two days before being transferred to the Clark County Detention Center. Unlike most detention centers, Laughlin Jail does not provide uniforms, trust accounts (“books”) or commissary privileges to its inmates.