Las Vegas Criminal Defense Blog

A former Clark County Deputy District Attorney who was charged with violating Nevada drug law is avoiding trial by accepting a plea bargain. The prosecutor pleaded guilty to felony unlawful possession of a controlled substance not for sale. The judge will agree to drop three felony charges. His plea stems from his arrest last year for allegedly buying crack. The former prosecutor will be sentenced later this month.

Nevada drug law includes dozens of different crimes including possession, possession for sale, sale, and trafficking. Possession is typically the least serious, whereas trafficking is the most serious. Typical defenses to drug allegations include that the drugs didn't belong to the defendant, or that the police performed an illegal search to find the drugs.

The majority of crimes in Nevada drug law are felonies. But in many cases, first offenders are permitted to complete Drug Court and rehab in exchange for a dismissal of the charges. And sometimes a felony may be plead down to a misdemeanor drug charge, which can them be cleared from the defendant's record only two years after the case is closed.

To learn more about this story go to: http://www.lvrj.com/news/judge-approves-plea-deal-in-ex-clark-county-prosecutor-s-drug-case-138798509.html

To learn about Nevada drug law, watch our informational video:

Yesterday four people were arrested for allegedly committing the Nevada crime of robbery at a Las Vegas pawnshop. The suspects were apprehended after escaping to a hospital. At the pawnshop, the suspects reportedly took jewelry, guns and cash.

The Nevada crime of robbery occurs when someone uses force or threats to steal property from the person or presence of another. This is different from pick-pocketing (called "larceny from a person"), which doesn't require force or threats. Typical defenses to this crime include false allegations or mistaken identity.

The Nevada crime of robbery is a category B felony carrying two to fifteen years in Nevada State Prison. If the defendant had a deadly weapon, the judge may increase the sentence by as much as twenty years as long as the enhancement doesn't exceed the length of the original sentence. Double jeopardy law precludes defendants from being prosecuted for both robbery and battery in the same case unless the battery was completely unrelated to the robbery.

For more on this story go to: http://www.lasvegassun.com/news/2012/jan/30/suspects-pawnshop-heist-arrested-las-vegas-hospita/

For information about Nevada jail information, watch our informational video:

Last week a man who was convicted in Las Vegas of the Nevada crime of DUI causing death was sentenced to twelve years in Nevada State Prison. The incident occurred in April of 2010 after the defendant collided his car into the victim's car, resulting in his death. The defendant was also ordered to pay over three thousand dollars in fines and restitution. He may be paroled after serving 32 months.

Like it sounds, the Nevada crime of DUI causing death occurs when a drunk driver causes the death of another person. Note that it doesn't matter if the driver is impaired by alcohol--he/she can still be liable if his/her BAC of .08 or above. Typical defenses to this crime are that the DUI was not the proximate cause of the death, or that the driver did not begin drinking until after the accident.

The Nevada crime of DUI causing death is a category B felony carrying two to twenty years in prison and maybe a fine of $2,000 to $5,000. Judges may impose a sentence on the higher end of the prison range if the defendant was transporting a passenger of age fourteen or younger at the time of the incident. People convicted of this crime are usually segregated in prison from violent offenders.

For more on this story go to: http://www.fox5vegas.com/story/16609264/driver-in-fatal-downtown-vegas-dui-crash-sentenced

To learn more about whether a DUI suspect may refuse to take a chemical breath test in Nevada, watch our informational video:

Last week the Nevada Pharmacy Board banned the manufacture, sale or use of "bath salts," a synthetic drug. Bath salts also go by the names Ocean Burst, Ivory Wave and Vanilla Sky. In February a legislative commission will convene to approve the bath salts ban so it may become law. In 2011, Metro Police had 72 cases where the six main chemicals of bath salts were being used.

Nevada drug crimes encompass dozens of different laws regulation the possession, manufacturing and sale of narcotics and controlled substances. The vast majority of these crimes are felonies carrying several years in prison. But often a first offense may be dismissed if the defendant completes a Drug Court Rehab program.

Defenses to Nevada drug crimes depend on the specific circumstances of the case. A common defense is that the defendant was unaware that the drugs were there, and that someone else planted them on or near the defendant. Another possible defense is that the police "entrapped" the defendant into violating a drug law, but this defense works only if the defendant wasn't predisposed to committing the drug offense anyway.

For more on this story go to: http://www.8newsnow.com/story/16558534/pharmacy-board-approves-order-to-ban-bath-salts

Watch our information video about what to do if you or someone you know has been arrested for Nevada drug crimes:

Last week mixed martial artist fighter Michael "Iron Mike" Whitehead began serving a one to four year prison sentence for allegedly violating Nevada sexual assault laws. He was convicted of attempting to sexually assault a woman at his Las Vegas home nearly two years ago. He also will have to register a a sex offender for the rest of his life. Whitehead had entered an Alford Plea, where he didn't admit guilt but acknowledged that the prosecutors would be able to prove the charges.

Nevada sexual assault laws defines rape as sexual penetration without consent. A person may also be convicted of rape if the victim was asleep or too intoxicated to give consent. Typical defenses to this charge include that the victim consented or that the sex act involved no penetration.

Penalties for violating Nevada sexual assault laws are almost as harsh as for murder. A first offense can carry life without parole if the victim sustained substantial bodily harm. Otherwise, it's life with the possibility of parole after ten years.

For more on this story go to: http://www.lvrj.com/news/mma-s-iron-mike-gets-prison-in-vegas-sex-case-137710303.html

To learn more about Nevada sexual assault laws, watch our informational video:

Yesterday a Las Vegas judge dismissed Grammy-winner Bruno Mars' drug case after determining that he successfully completed his year-long probation requirements. Mars was initially arrested in 2010 in a drug bust at the Hard Rock and entered a guilty plea to the Nevada crime of cocaine possession. As part of his probation Mars paid a $2,000 fine, attended drug counseling, completed more than 200 hours of community service, and did not incur any more arrests.

The Nevada crime of cocaine possession occurs when someone knowingly owns or exercises control over cocaine. "Possession" can include deliberately having the drug on your person, in your home, in your car, or somewhere else you exercise control. A typical defense is that the defendant wasn't aware the cocaine was there or that the police performed an illegal search to unearth the cocaine.

The Nevada crime of cocaine possession is punished less seriously than possession with intent to sell, selling drugs, or trafficking. A first or second offense is a category E felony, which means it's usually probationable. But a subsequent offense is a category D felony, which carries one to four years in prison.

For more on this story go to: http://www.lvrj.com/news/judge-dismisses-case-after-singer-songwriter-bruno-mars-completes-probation-137575178.html

To learn more about Nevada drug arrests at casinos go to our informational video:

A fifty-nine year old priest was sentenced to more than three years in federal prison for stealing $650,000 from a Las Vegas Catholic Church. The judge also ordered the priest to avoid casinos and to get gambling addiction counseling following his incarceration. The priest will begin serving his sentence by the middle of April.

Nevada theft laws consists of several different crimes including petit larceny, grand larceny, auto-theft, robbery, larceny from a person, possession of stolen property, possession of a stolen car, and burglary. Robbery is the only theft crime where the defendant must use force or threats to carry out the stealing. Typical defenses to theft allegations include that the defendant had no intent to steal or that the property belonged to the defendant.

Penalties for violating Nevada theft laws turn on the type of theft. Shoplifting less than $250 in items is only a misdemeanor carrying a maximum six months in jail. But robbery is a felony carrying up to fifteen years in prison, and the sentence may be doubled if the defendant was armed.

For more on this story go to: http://www.lvrj.com/news/st-elizabeth-priest-mcauliffe-sentenced-to-37-months-in-prison-137297638.html

To learn more about petit larceny versus grand larceny in Nevada theft laws, watch our informational video:

Last week in Washoe County, a NHP trooper was nearly hit by a car while the trooper was investigating a rollover accident scene. The car's driver was reportedly exiting a ramp off the US 395 when she swerved to avoid the disabled car but drove into the trooper's path, who managed to dodge the driver. The trooper then arrested the driver for the Nevada crime of driving under the influence of drugs.

The Nevada crime of driving under the influence of drugs (called "DUI Drugs") is the same concept as a DUI, except that the driver has been using narcotics instead of alcohol. Cops determine a DUI Drugs by having the driver perform field sobriety tests such as walking in a straight line and standing on one foot. People arrested for DUI drugs must submit to a chemical blood test and cannot elect to take a breath test instead.

The Nevada crime of driving under the influence of drugs is punished the same as a DUI with alcohol. A first time offense with no injuries is a misdemeanor, and the judge will typically suspend the jail sentence. But a third time offense, or a first time offense with substantial injuries, is always a felony carrying at least a year of prison (though some defendants may be able to do DUI Court in lieu of some of the prison time).

For more on this story go to: http://www.kolotv.com/home/headlines/136775953.html

To learn whether a defendant should hire a lawyer for a Las Vegas DUI case, watch our informational video:

Las Vegas police raided a marijuana grow house located in a home owned by a retired Las Vegas cop. He was renting out the house to the alleged growers, and he's not a suspect at this time for the Nevada crime of marijuana cultivation. The grow house reportedly contained over a 100 marijuana plants.

The Nevada crime of marijuana cultivation is a category B felony. But if the amount of marijuana in question is at least one hundred pounds, then cultivation is charged as "trafficking."

A first offense of the Nevada crime of marijuana cultivation carries a maximum 6 years in prison. A second offense has a maximum ten year sentence, and third or subsequent offense carries a maximum fifteen years. Meanwhile, trafficking penalties depend on the amount of marijuana in question. If it's less than 2,000 lbs, the maximum penalty is five years in prison. But trafficking more than 10,000 pounds carries up to a life sentence.

For more on this story go to: http://www.lvrj.com/news/marijuana-grow-house-at-home-owned-by-retired-officer-busted-136963603.html

To learn about how many plants that card-holding medical marijuana users can possess, watch our informational video:

Nevada Highway Patrol troopers arrested ten people for allegedly committing the Nevada crime of driving under the influence between six pm on New Year's Eve and six am on New Year's Day. Police also made four arrests for outstanding warrants. In total, police made 421 traffic stops and gave out several citations and warnings.

The Nevada crime of driving under the influence occurs when someone drives while impaired by alcohol or drugs or while their blood contains more than the legal amount of drugs or alcohol. So even if someone is not technically impaired by alcohol, he/she can still be arrested if they're found driving with a blood alcohol content of .08 or above. Police try to determine whether a driver has committed a DUI by administering field sobriety tests and chemical breath or blood tests.

Penalties for the Nevada crime of driving under the influence vary depending on whether the person has past DUIs and the severity of the incident. A first-time DUI with no injuries is only a misdemeanor, and the judge usually imposes no jail time. But a third-time DUI within a seven year period is an automatic felony carrying at least one year in prison even if no one was hurt.

For more on this story go to: http://www.kolotv.com/home/headlines/136509338.html

To learn more about DUI Checkpoints in Nevada watch our informational video:

The new law concerning the Nevada crime of using a cell phone while driving officially went into effect on January 1. It's now illegal for drivers to touch or handle their cell phones while driving, even while stopped at a red light. However drivers may still talk on the phone if they use hands-free technology such as a Bluetooth earpiece.

The Nevada crime of using a cell phone while driving was created to help curb deaths caused by distracted drivers. In 2009, about half a million people sustained injuries as a result of drivers who were distracted during driving. Drivers are now encouraged to put their phones on silent and packed away in a purse of bag before they take the wheel so they're not tempted to use the phone while driving.

Penalties for the Nevada crime of using a cell phone while driving can become very costly. A first offense within a seven year period carries a fifty dollar fine, and it's not treated as a moving violation. A second offense within a seven year period, however, carries a hundred dollar fine and is a moving violation. And a third offense within a seven year period carries a $250 fine as well as a six-month license suspension.

For more on this story go to: http://www.ktvn.com/story/16432381/new-law-banning-cell-phones-while-driving-takes-effect

To learn about Nevada DMV Hearings, watch our informational video:

On Tuesday a sixty-five year old driver who was allegedly under the influence of alcohol struck and seriously injured a man refueling his car off the US 95 and Cheyenne Ave. She's since been charged with the Nevada crime of DUI with injury. The victim is in critical but stable condition.

The Nevada crime of DUI with injury is when a driver under the influence of drugs or alcohol causes an accident that results in someone else sustaining substantial bodily harm. Police try to determine whether the driver was under the influence by having him/her perform various field sobriety tests and submitting to a breath or blood test. A common defense to this crime is that the victim was more at fault than the driver, or that the driver's intoxication was not a proximate cause of the accident.

The Nevada crime of DUI with injury is a category B felony. The punishment range is two to twenty years in prison and a possible fine of up to $5,000. The judge will be more likely to impose a higher prison sentence if the defendant was transporting a child fifteen years old or younger at the time.

For more on this story go to: http://www.lvrj.com/news/woman-facing-dui-after-man-hit-on-u-s-95-136343828.html

To learn more about Nevada DUI with injury laws, watch our informational video: