Las Vegas Criminal Defense Blog

Las Vegas Health Care Worker Sentenced in Medicaid Fraud Case

Tue, 09 Mar 2010 10:03:40 -0800

Last month, a health care worker was sentenced in a Medicaid fraud case prosecuted by the Nevada Attorney General’s Medicaid Fraud Control Unit. The worker allegedly wasn’t providing services at patients’ homes when she claimed she had been. In August she pleaded guilty to the gross misdemeanor of failure to maintain adequate records, and she’s ordered to pay $4,400 in restitution and other costs, will be on a three-year probation, and will face a 60-day suspended jail sentence.

The Nevada Attorney General’s Medicaid Fraud Control Unit is responsible for investigating and prosecuting cases of Medicaid fraud as well as violations of Nevada elder abuse law. Nevada elder abuse law makes it a crime to inflict pain, injury or mental anguish on someone sixty years old or more. It also outlaws exploiting them, using undue influence to control them, keeping them isolated and neglecting them.

Anyone convicted of physically abusing an older person in Nevada may be charged with a gross misdemeanor for a first offense, carrying up to a year in jail and/or up to $2,000 in fines. Subsequent offenses are category B felonies, punishable by two to six years in prison. But if substantial bodily or mental harm or death results, even a first offense can be brought as a category B felony as well, this time carrying two to twenty years.

Some professions, such as physicians and social workers, are legally required to report suspected cases of violations of Nevada elder abuse law. If they knowingly or willfully neglect to do so, they face misdemeanor charges of up to six months in jail and/or a $1,000 fine. As long as they acted in good faith, they can’t then be prosecuted for reporting suspected cases of elder abuse that ultimately turn out to be unfounded.

Read more about the health care worker’s case at http://www.lasvegassun.com/news/2010/feb/24/health-worker-gets-probation-medicare-fraud-case/

Boulder City Constable Arrested for DUI

Mon, 08 Mar 2010 09:21:33 -0800

Two weeks ago, the chief constable of Boulder City was arrested for breaking Nevada DUI law and other traffic matters after allegedly careening his duty-vehicle into a light pole near Utah and Seventh streets. The Boulder City Police Department claims that the constable then left the scene of the crash on foot. He was later arrested in a nearby residence after reportedly failing field sobriety tests.

Nevada DUI law makes it a crime to operate a vehicle while under the influence of drugs or alcohol. It’s automatically illegal to drive with a BAC of .08 or more whether or not you’re operating the vehicle safely. If a cop suspects you of driving under the influence, he/she will pull you over, ask you a series of questions and ask you to perform field sobriety tests such as standing on one foot and walking in a straight line.

Violating Nevada DUI law is a misdemeanor as long as no one gets hurt, and penalties usually include a six-month suspended jail sentence, a victim impact panel, DUI school and fines. However, a third DUI in seven years is charged as a felony. Drunk driving accidents resulting in injury or death may be charged as a felony as well.

Crime Rates in Reno Show Signs of Improvement

Fri, 05 Mar 2010 09:00:00 -0800

Serious traffic accidents have been steadily declining in Washoe County. “According to the local police department,” explains Reno criminal defense attorney Michael Becker, “Reno traffic fatalities dropped 40% between last year and 2007.” In addition, injury accidents and DUI crashes have significantly decreased in the last two years as well.

Reno criminal defense attorney Michael Becker says that local law enforcement credits this reduction in traffic accidents to the “Three E Concept of Safety:” This includes the Engineering of good roads, the Education police provide to the public via traffic stops and presentations, and traffic law Enforcement. Organizations such as MADD and the Nevada Highway Patrol are contributing to this trend as well.

In addition to traffic-related tragedies becoming less frequent, homicides are also declining. 2009 saw twelve wrongful deaths as compared to twenty-three in 2006. According to Reno criminal defense attorney Michael Becker, the success of Reno police in curbing and solving crimes has a lot to do with community cooperation via the Secret Witness Program, the Neighborhood Advisory Boards, and other programs.

Dad Arrested for Beating 3-Month Old Son in Las Vegas

Thu, 04 Mar 2010 09:57:46 -0800

Last week, Las Vegas police arrested a twenty-one-year old dad for allegedly violating Nevada child abuse law on his infant son. The three-month-old was rushed to a medical center in critical condition with injuries police say are consistent with blunt-force trauma to his abdomen and bite marks. The dad was booked into the CCDC on eight counts of breaking Nevada child abuse law with substantial bodily harm and other charges.

Nevada child abuse law makes it a crime to willfully cause or allow a child to endure unjustifiable physical pain or mental suffering. Anyone convicted of willfully abusing a child with substantial bodily injury or mental harm faces two to twenty years in prison. If the child was less than fourteen and the alleged abuse was sexual in nature, the sentence increases to life with the possibility of parole after fifteen years.

If someone is accused of willfully abusing a child without substantial or mental harm in Nevada, the possible penalties depend on if the citizen accused has any previous child abuse convictions. If so, the sentence range is two to fifteen years, but if not, the sentence may be only one to six years. In cases of neglect or endangerment, penalties may be as little as one year to as much as life depending on the age of the child, the nature of the abuse, whether substantial bodily or mental harm occurred, and whether the accused has past convictions.

Read more about this story at http://www.lvrj.com/news/father-accused-of-beating-3-month-old-boy-85145712.html

Nevada Stalking Law Requires No Intent to Frighten

Wed, 03 Mar 2010 09:38:22 -0800

The New Jersey Supreme Court recently ruled that stalking is no less a crime when the alleged perpetrator had only romantic intentions and didn’t believe that his/her behavior would reasonably cause fear in the object of his/her affections. Justice Jaynee LaVecchia spoke for the Court in State v. Gandhi: “The claimed innocent intention of one with an unrequited love interest in another does not permit an individual to stalk the other with impunity.”

In the New Jersey case, the defendant allegedly sent dozens of graphic and threatening messages to a female and violated three judicial orders. He was eventually convicted of stalking and contempt, which led to this appeal where he claimed that he didn’t know his ardor would frighten the victim.

Nevada stalking law is similar to New Jersey’s in that it requires only that the accused’s behavior would cause a reasonable person to feel terrorized, intimidated, frightened or harassed. The state does not need to show that the alleged stalker intended to terrorize or frighten.

Breaking Nevada stalking law on a first offense is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine. Second and subsequent offenses are chargeable as a gross misdemeanor, carrying up to one year in jail and/or up to $2,000 in fines. However, if the alleged stalking consisted of threats of bodily harm or death, then it may be charged as a felony, punishable by two to fifteen years in prison and perhaps a $5,000 fine.

Reno Teens Face Stolen Property Charges as Adults

Tue, 02 Mar 2010 10:02:31 -0800

Mid-February, a Reno judge ordered a seventeen-year-old boy and a sixteen-year-old boy to face criminal charges as adults in relation to burglary incidents on December 10th, 2009. They were booked on counts of kidnapping, robbery with a deadly weapon on an elderly woman, burglary, grand larceny of a car, possession of a stolen vehicle, false imprisonment, and with committing the Nevada crime of possession of stolen property.

According to reports, the boys allegedly invaded a seventy-three-year-old woman’s home at 4 a.m. and stole her car, which the police spotted one of them driving later that day. After the arrest, the police linked the boys to a burglary earlier in the night, where a TV was taken. Police also claim they used guns stolen from past burglaries and that one of the boys struck the elderly woman with a rifle.

The Nevada crime of possession of stolen property makes it unlawful for someone to knowingly possess property that they know or should have known is stolen. If the value of the property is less than $250, it may be charged as a misdemeanor and carries up to six months in jail and/or up to a $1000 fine. If the value of the property ranges from $250 up to $2,500, it may be charged as a category C felony and carries a one to five year prison sentence and maybe a $10,000 fine. And for property valuing $2,500 or more, it’s a category B felony carrying one to ten years in prison and a fine of up to $10,000. In addition, anyone convicted of the Nevada crime of possession of stolen property will be ordered to pay restitution.

Read more about this story here: http://www.rgj.com/article/20100212/NEWS18/100212031/1321/news

8 Nevada DUI Offenders Sent Back to Prison

Mon, 01 Mar 2010 11:02:00 -0800

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

Nevada Man Pleads Not Guilty to Battery On a Peace Officer

Fri, 26 Feb 2010 11:10:46 -0800

Last Friday, a twenty-two year old man from Lockwood pleaded not guilty in First Judicial District Court in Virginia City to felony counts of open murder and violating the Nevada crime of battery on a peace officer with substantial bodily harm. These charges stem from the October beating death of a forty-seven year old woman.

Police claim that the accused beat the victim after she denied him a cigarette, starting an altercation outside of the Rainbow Bend Community Center. He then reportedly left the scene and fought with a cop prior to arrest, which led to the charge for the Nevada crime of battery on a peace officer. His trial is set for November.

The Nevada crime of battery on a peace officer is defined as unlawful use of force or violence on a peace officer, which includes policemen, fire department employees, and court judges. If substantial bodily harm occurs, it may be charged as a felony and carries a prison term of two to ten years and/or a fine of up to $10,000. If there’s no substantial harm, it may be charged as a gross misdemeanor, carrying up to a year in jail and/or a fine of up to $2,000.

Read more about this story at http://www.nevadaappeal.com/article/20100220/NEWS/100219472/0/FRONTPAGE.

Alleged Fugitive from Las Vegas Arrested in Montana

Thu, 25 Feb 2010 09:06:44 -0800

A fifty-six year old woman, who faces nearly sixty counts of felony theft and forgery in Las Vegas, was arrested in Great Falls, Montana last week. She’s accused of stealing hundreds of thousands of dollars from the company for which she used to be an executive director. Prosecutors claim she’s admitted to forging business checks and using the company’s credit card to withdraw unauthorized sums to help pay off her debts from gambling.

The Clark County District Attorney is following Nevada extradition law in attempt to bring the former executive back into the state. They originally recommended a bond of $177,000, but the judge lowered it to $10,000. The District Attorney’s office is concerned that it will be more difficult to extradite the former executive if she’s released on bond.

Nevada extradition law is a complicated, potentially drawn out process of trying to bring suspected fugitives back into state to answer their charges here. If someone in another state is arrested for charges in Nevada, Nevada extradition law allows them either to waive extradition and come back or to try to fight the extradition there via a hearing. If they waive extradition, it may take several months for Nevada law enforcement to bring them back.

Man Traveling through Nevada Convicted of Child Pornography Possession

Wed, 24 Feb 2010 12:30:45 -0800

Three weeks ago a federal grand jury in Oklahoma City convicted a California man of interstate travel from Nevada to Oklahoma for the purpose of having sexual relations with an eight year old girl as well as possessing child pornography. An informant for the FBI acted as the girl’s mother, which is how he was eventually caught. When he was arrested in Oklahoma, he had a laptop allegedly containing child pornography.

The crime of child pornography possession in Nevada outlaws possessing anything showing or involving children in a sexual manner or that’s meant to appeal to sexual desires. The crime of child pornography possession in Nevada encompasses all possible media that may depict children obscenely, including photographs, videos and audio recordings.

The penalties for the crime of child pornography possession in Nevada are very harsh if the child is under age sixteen. A first offense is charged as a category B felony, carrying one to six years imprisonment. Subsequent offenses are charged as a category A felony, carrying one year to life imprisonment with the possibility of parole. The judge may also order fines of up to $5,000.

Man Pleads Not Guilty in Las Vegas to $3.75 Million in Casino Markers

Tue, 23 Feb 2010 10:10:08 -0800

Yesterday a Wisconsin businessman was arraigned for allegedly not paying back $3.75 million in casino markers to Caesars Palace and the Hard Rock Hotel. His attorney said before the hearing, “All of it is in dispute . . . He never ran up that kind of debt and how he got that much credit is shocking.” The businessman faces up to eighteen years in prison if he's convicted.

Markers are short-term zero-interest loans that casinos lend qualified customers to encourage them to gamble. Nevada casino marker law makes it a crime to not pay back these markers, usually within thirty days. If the marker is for $250 or more, the customer can be charged with a felony, carrying one to four years, up to $5,000 in fines, administrative fees and full restitution. Unpaid markers of less than $250 are prosecuted as misdemeanors, carrying up to six months in jail and/or up to a $1,000 fine.

Anyone charged with breaking Nevada casino marker law who then flees Nevada may be extradited back into the state to answer charges. If someone accused of breaking Nevada casino marker law has no criminal history, then prosecutors are usually very willing to negotiate a payment plan and to dismiss the case without any jail once restitution has been made. If the state decides not to prosecute a casino marker case, the casinos can sue civilly.

Henderson Teen Charged with Felony DUI Causing Death

Mon, 22 Feb 2010 10:13:57 -0800

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.

Man Convicted of Stalking and Attempted Murder in Reno

Fri, 19 Feb 2010 11:05:56 -0800

Last Friday, a jury in Washoe County District Court convicted a forty-nine year old man of breaking Nevada stalking law as well as attempted murder, criminal anarchy and shooting into occupied homes. These charges resulted from an alleged six-year-long “domestic terror spree,” where the suspect supposedly tried to kill a female janitor.

The suspect was originally sentenced to forty-five years on these charges back in 2007. However, the Nevada Supreme Court overturned his conviction, which led to this retrial. He will be sentenced again in May.

Nevada stalking law makes it a crime to willfully engage in any kind of conduct that would cause a reasonable person to feel terrorized, intimidated, frightened or harassed. A first offense for breaking Nevada stalking law is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine, and a subsequent offense is a gross misdemeanor, punishable by up to one year in jail and/or up to $2,000 in fines. If the stalking also includes threats of bodily harm or death, it’s charged as a felony, carrying prison time of two to fifteen years and maybe a $5,000 fine.

Teenager Auctions Off Virginity Through Nevada Brothel

Thu, 18 Feb 2010 10:07:33 -0800

A nineteen-year-old New Zealand woman auctioned off her virginity online for tens of thousands of dollars, which she intends to use to fund her university education. More than thirty thousand people viewed her website and over 1,200 people bid. The New Zealand police said that the auction hasn’t explicitly broken any laws since it was transacted through a licensed Nevada brothel.

Nevada Prostitution law prohibits the trade of sex for money except for in licensed brothels. Breaking Nevada prostitution law is charged as a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. However, first-time offenders can usually get their case dismissed if they pay a fine and attend an AIDS class or “John School.”

If the defendant in a prostitution case was aware they had HIV, the judge will order stiffer penalties, including two to ten years in prison and a $10,000 fine. A defendant convicted of soliciting children also faces harsher punishments, including one to four years in prison and maybe a $5,000 fine. Typical defenses used to fight a prostitution charge include entrapment, lack of evidence and mistake.

Former Bailiff Charged with Sexual Assault in North Las Vegas

Wed, 17 Feb 2010 12:14:03 -0800

A former bailiff of former Clark County District Judge Elizabeth Halverson was arrested on Valentine’s Day on charges of breaking Nevada sexual assault law and lewdness with a minor law. North Las Vegas police were called to a residence on reports that the former bailiff allegedly assaulted a fourteen-year-old. The victim is said to be the daughter of the former bailiff’s friend.

The former bailiff was a witness in the infamous recent case that contributed to Judge Halverson’s ousting. The former bailiff accused her of performing services well beyond the call of duty, including picking lint off her judicial robe with scotch tape and slipping on her shoes. Halverson denied any wrongdoing and claimed the former bailiff would insist on helping her with her shoes.

Nevada sexual assault law (rape) makes it a crime to force another person to have sex. If bodily harm results and the victim is a child of age 14 or 15, the penalties for breaking Nevada sexual assault law include life without the possibility of parole. If no substantial bodily harm results, penalties include life with the possibility of parole after twenty-five years. However, if the suspect was previously convicted of a sexual offense, the sentence will be life without parole.

Read the whole story here: http://www.lvrj.com/news/breaking_news/Man-arrested-in-sexual-assault-in-North-Las-Vegas-84354872.html