Las Vegas Criminal Defense Blog

Harry Reid is one of four senators pressing for smartphone makers to cease offering apps which alert motorists to DUI checkpoints. Some say the apps contribute to injuries and deaths because they help drunk drivers avoid being caught before there's an accident. But others believe the apps dissuade drunk drivers from taking the wheel to begin with.

Nevada DUI law makes it an offense to drive drunk or high. Even if you're not impaired, having a BAC of .08 or above is a violation of Nevada DUI Law. Typical defenses to DUI allegations include faulty breath testing equipment, police misconduct, and lack of evidence.

Penalties for breaking Nevada DUI law turn on the driver's history and severity of the incident. A first or second DUI with no injuries is just a misdemeanor carrying a maximum 6 months in jail. But a third DUI in seven years or a DUI resulting in injury or death is a felony carrying potentially several years in prison.

For more on this story go to: http://www.fox5vegas.com/news/27302968/detail.html

The former bailiff for former Clark County District Court Judge Elizabeth Halverson has pleaded guilty to violating lewdness with a minor law in Nevada. He was arrested back in February after allegedly assaulting a young teenage girl sexually. He will be sentenced on June 2 and is currently being held at the Clark County Detention Center on $170,000 bail.

According to the police report, the former bailiff sexually abused the girl while his mom and ex-fiancee talked with the victim’s mother outside of her house. The responding officer reported that the victim’s underwear appeared bloodstained. She reportedly told the police that he assaulted her.

Lewdness with a minor law in Nevada makes it a crime to commit any lewd or lascivious act upon a child under fourteen with the intent of receiving or giving sexual gratification. The touching does not have to be on a sex organ as long as it’s committed with sexual intent. The standard sentence for violating lewdness with a minor law in Nevada is life in prison.

Read more about this story at http://www.lvrj.com/news/former-bailiff-enters-guilty-plea-89558002.html.

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.

Yesterday an Iowa City Police Sergeant announced that Peeping Tom season has unofficially begun in the area. Now that weather is improving and more people are outdoors, she claims there will be more incidents of men spying on women through windows. She suggests that women should not live on the ground floor of a building, to close drapes and blinds once the sun goes down, and to keep a phone nearby to call the cops in case they suspect someone is watching them.

Nevada “Peeping Tom” laws make it a crime to knowingly enter on the property or premises of another person with the intent to conceal yourself and spy. It doesn’t matter whether you’re looking through a window, door or other opening in the building. It also makes no difference if the person being spied on doesn’t own the property or premises.

Nevada “Peeping Tom” laws make peering, peeping or spying a misdemeanor, carrying up to six months in jail and/or up to a $1,000 fine. If the suspect had a camera or recorder at the time, it becomes a gross misdemeanor, carrying up to a year in jail and/or up to a $2,000 fine. And if the suspect had a deadly weapon, then Nevada “Peeping Tom” laws make it a category B felony, carrying one to six years in prison and maybe a $5,000 fine.

Read more about this story at http://www.press-citizen.com/article/20100401/NEWS01/100401009/1079/news01/Police-warn-of-peeping-Tom-season.

This week a twenty-six year old man faces fifty years behind bars after pleading guilty to robbery of the elderly, grand larceny, and violating Nevada home invasion law for allegedly helping a friend invade an older couple’s home to steal two expensive English bull dog pups. Apparently the pups’ five-year old grandmother chased them but was run over by a car during the getaway. The man's scheduled to be sentenced in June in Washoe District Court.

Nevada home invasion law (NRS 205.067) makes it a category B felony to enter an inhabited dwelling by force and without the consent of the owner or occupant. You may still be found guilty for home invasion irrespective of whether someone is currently in the residence. Home invasion is often charged in conjunction with other crimes like trespass and burglary.

The typical sentence for breaking Nevada home invasion law is one to ten years in prison. If you already have past convictions for home invasion or burglary, the judge may not grant probation or a suspended sentence. And if the prosecutor can show you had a firearm during the alleged home invasion, the sentence range is increased from two to fifteen years.

Read more about this story at: http://www.lvrj.com/news/ex-courthouse-janitor-pleads-guilty-89670467.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

Earlier this month U.S. marshals arrested a middle-aged married couple in Pahrump for attempted murder and violating the Nevada crime of home invasion. They allegedly broke into a Santa Barbara home, punched one of the occupants and shot another. They are now awaiting extradition to California.

The Nevada crime of home invasion (NRS 205.067) outlaws the forcible entrance into an inhabited dwelling without the permission of the owner or occupant. You can still commit home invasion whether or not anyone is in the home at the time. Burglary differs from home invasion in three ways: The structure doesn’t have to be a home, the entry doesn’t have to be forcible, and you need to have the intent to commit a felony inside in order to be convicted of burglary.

The punishment for breaking the Nevada crime of home invasion, which is a category B felony, is a one to ten year prison sentence with a possible $10,000 fine. If someone is found guilty of home invasion and they already have previous home invasion or burglary convictions, he/she can’t be released on probation or granted a suspended sentence. And if the defendant possesses a firearm during the alleged home invasion, the prison sentence is upped to two to fifteen years.

Read more about this story at http://www.lasvegasnow.com/Global/story.asp?S=12147065.

Last month a fifty-one year old woman was charged with assault and indecent exposure after allegedly failing to cooperate with a TSA screener in the Reno-Tahoe International Airport. She was also charged with violating Nevada disturbing the peace law. The woman apparently escaped prosecution for a man’s murder nearly two decades ago due to mental incompetence. She was booked at Washoe Jail on $11,000 bail.

At the airport, the woman allegedly was disruptive while waiting in line to be screened. She supposedly yelled profanities, pulled her own hair and was uncooperative with the screener, eventually exposing her private parts to the screener. She and her husband were on their way to Phoenix to visit relatives.

Nevada disturbing the peace law makes it a misdemeanor to maliciously and willfully disturb the peace or quiet of any neighborhood, individual or family by loud or unusual noise, by rambunctious or offensive behavior, or by threatening, traducing, fighting, challenging or quarreling. Misdemeanors are punished by a fine of up to $1,000 and/or a jail sentence of up to six months. Records for convictions of violating Nevada disturbing the peace law can usually be sealed after two years have passed since the sentence has ended.

To read more about this story, go to http://www.rgj.com/article/20100319/NEWS01/100319031/-1/CARSON/Reno-woman-faces-assault-indecent-exposure-charges.

Last week a twenty-nine year old man was given a twenty-three year long prison sentence for driving a stolen car in Sparks into a rental home, which landed on top of a sleeping couple. He allegedly fled and left the car engine on, and a neighbor pursued him before the police came to the scene. The victims were two UNR students, who sustained burns and scrapes as well as psychological damage from having been trapped under the car for 42 minutes before rescuers could release them.

The suspect was convicted for violating Nevada home invasion law as well as felony driving under the influence. Nevada home invasion law (NRS 205.067) makes it a crime to forcibly enter an inhabited dwelling without permission. It doesn’t matter whether anyone’s present at the time of entry.

The penalty for breaking Nevada home invasion law, a category B felony, is a one to ten year prison term and maybe a $10,000 fine. If someone gets convicted for home invasion who already has previous home invasion or burglary convictions, he/she may not be released on probation or given a suspended sentence. And if the suspect has a firearm in their possession during the home invasion, the penalty is upped to two to fifteen years and the possible $10,000 fine.

Read more about this story at http://www.lasvegassun.com/news/2010/mar/17/man-gets-prison-for-crashing-car-into-sparks-home/.

Last month a thirty-one year old Las Vegas man was booked into the Pahrump Detention Center for allegedly violating Nevada possession of stolen vehicle law as well as failing to stop on signal of police officer. He was released on his own recognizance on $10,000 bail. Read more about this and other stories at http://www.pahrumpvalleytimes.com/2010/Feb-24-Wed-2010/news/34448630.html.

Nevada possession of stolen vehicle law (NRS 205.273) makes it a crime for someone to intentionally procure or pass title to a motor vehicle which he/she should know is stolen. It’s also a crime to receive, transfer possession of or possess a stolen vehicle to another person if he/she knows it’s stolen. Obviously, this law doesn’t apply to officers if they’re engaged in duty at the time of the receipt, transfer or possession of the car.

Violating Nevada possession of stolen vehicle law is a category C felony, carrying one to ten years in prison and maybe a $10,000 fine. But if the vehicle is valued at $2,500 or more, then it’s a category B felony, carrying one to ten years and of a fine of up to $10,000. The court will also order restitution.

Earlier this month, Henderson police announced that a woman who’s been accused of embezzling over a half-million dollars over a three year period may be hiding out in Mexico. She’s facing more than thirty counts of theft, conspiracy to commit a crime and violating Nevada possession of stolen property law. Police started looking into this matter when they were informed that money was being transferred from a business account into her personal bank account.

After the suspect was informed about the transfer, she disappeared. Police say the money was deposited into various account via paychecks with different names. Read more about this story at http://www.fox5vegas.com/news/22799132/detail.html.

Nevada possession of stolen property law makes it a criminal offense to intentionally possess property that you should know is stolen. When the property is less than $250 in value, it’s a misdemeanor carrying up to six months in jail and/or up to a $1,000 fine. If the property is $250 to $2,500 in value, it’s a category C felony carrying a one to five year prison sentence and potentially a $10,000 fine. And if the property is $2,500 or more in value, it’s brought as a category B felony with one to ten years in prison and a possible fine of $10,000. Furthermore, anyone convicted of breaking Nevada possession of stolen property law will be mandated to pay restitution.

Last week, Nevada Attorney General Catherine Cortez Masto announced that she wants to revive the Advisory Coalition on Impaired Driving to address recent reports by the Reno Gazette-Journal of problems in enforcing sentences in DUI cases. Special deputy attorney general Bret Kandt said the coalition was “a forum for bringing issues to the attention of the agencies responsible for enforcing the DUI laws, to allow us to resolve them and work towards system improvement.” Founded in 2006, the coalition also includes Stop DUI, MADD, the Nevada office of traffic safety.

Nevada DUI law criminalizes driving while intoxicated on drugs or alcohol. It’s automatically illegal to drive with a blood alcohol content of .08 or more, but a lesser number can still result in a conviction if the state shows that the driving suffered from the influence of drugs or alcohol. Police who suspect drivers of violating Nevada DUI law pull them over, ask them questions and then request they perform various field sobriety tests including standing on one foot and walking in a straight line.

Violating Nevada DUI law for the first time is just a misdemeanor as long as no injury or death occurs. Penalties include fines, a suspended jail sentence (usually), DUI school and a victim impact panel. A third DUI in seven years is charged as a felony, even if no one gets hurt. DUIs with injury or death may be charged as a felony.

To read more about this story, go to http://www.rgj.com/article/20100320/NEWS/3200334/1321/NEWS.

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.

Last week after the Boulder City constable was arrested for burglary and false documentation, officers executed a search warrant on his home, office and storage areas, where they confiscated eighty-five firearms, badges and drug paraphernalia. Police say the constable admitted to taking firearms from his ex-girlfriend’s house in February but claimed that they belonged to him. The constable has now been charged with burglary while in possession of a firearm, grand larceny of a firearm and with breaking Nevada possession of stolen property law.

The Boulder City constable’s ex-girlfriend reportedly told police that he gave her the firearms and appointed her as reserve constable. He also allegedly gave her a deputy constable badge and ID card, which would allow her to conduct investigations and perform arrests. Law enforcement said that the ex-girlfriend was never in attendance at a Peace Office Standards and Training academy, never earned a certificate as a peace officer, and was never sworn in under oath as a peace officer. The constable is set to be arraigned this morning.

Nevada possession of stolen property law makes it a crime to knowingly possess property that you know or should know is stolen. When the property’s value is less than $250, it’s a misdemeanor and carries up to six months in jail and/or up to a $1,000 fine. If the property’s value is $250 to $2,500, it’s a category C felony, carrying a one to five year prison sentence and perhaps a $10,000 fine. And if the property is valued at $2,500 or more, it’s charged as a category B felony with one to ten years in prison and a maximum fine of $10,000. Furthermore, people convicted of breaking Nevada possession of stolen property law will be ordered to pay restitution as well.

To read more about this story, go to http://www.lasvegassun.com/news/2010/mar/15/85-firearms-seized-boulder-city-constable-probe/.

Last week Roger Mayweather, uncle of champion boxer Floyd, had one of three felony charges against him dropped in Clark County District Court: He is still charged with battery with substantial bodily harm and battery with strangulation. But Judge Valerie Adair conceded that the D.A. failed to present sufficient evidence during preliminary hearings to substantiate his charge of breaking Nevada coercion law.

The charges stem from an incident where forty-eight year old Mayweather allegedly punched and choked a twenty-six year old former female trainee at her Las Vegas apartment this past August. Mayweather owned the property and was leasing it to a man who let the victim live there, which Mayweather was supposedly upset about. Mayweather has pleaded not guilty, is out on bail, and faces trial in August.

Nevada coercion law (NRS 207.190) makes it a crime to, with the purpose of making another act in a way they don’t have to, to use physical violence or threats of on that person, their family or possessions. Coercion is a misdemeanor when no physical force or immediate threat thereof is involved. But breaking Nevada coercion law becomes a category B felony if it is, with penalties of up to 6 years in prison and perhaps a $5,000 fine.

Read more about the story here: http://www.lvrj.com/news/prosecutors-frustrated-by-release-87207052.html

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 week, a twenty-one year old man in Winnemucca who was originally charged with sexual assault on a child pleaded guilty to the Nevada crime of lewdness with a child under 14. If he’s released, he’ll be placed on lifetime supervision. (The victim’s mother was sentenced for child abuse, neglect or endangerment for allowing the child to have sex with the defendant.)

The defendant’s attorney told the court, “My client has expressed to me remorse for this fact pattern. He just found himself unable to protect himself and protect the victim in this case and allowed some very base instincts to take over and for that he’s sorry.” The Humboldt County D.A responded in part, “I would ask this court to be mindful that this is a defendant who’s not remorseful and doesn’t take into consideration what his actions have caused to occur in this 11-year-old girl’s life.” The D.A. also quoted the defendant, who allegedly said the incident didn’t affect the girl negatively.

The Nevada crime of lewdness with a child under 14 outlaws any lewd or lascivious act on a child for the purpose of sexual gratification. Both sexual assault on a child and lewdness on a child carry life sentences, but a first conviction for lewdness allows for the possibility of parole after only ten years have been served. However, if the defendant has prior convictions for lewdness or similar crimes, the penalty is life without the possibility of parole.

To read more about this story, go to http://silverpinyon.com/criminal-justice/54-district-court/350-defendant-in-lewdness-case-sentenced-to-prison.

Last month, Senate Majority Leader Harry Reid (D-Nev.) posited on the Senate floor that high unemployment has spurred domestic violence. While debating whether to pass a $15 billion package meant to stimulate the creation of jobs, he said, "I met with some people while I was home dealing with domestic abuse. It has gotten out of hand. Why? Men don't have jobs."

Nevada domestic violence crimes constitute elder abuse, child abuse and any battery between family members, romantic partners and roommates. Some acts which may be prosecuted as Nevada domestic violence crimes are battery, assault, sexual assault, stalking, arson, trespassing, larceny, false imprisonment, and unlawful entry into a residence. Nevada domestic violence crimes also carry harsher penalties for repeat offenders:

A first offense for battery domestic violence in Las Vegas is a misdemeanor, carrying two days to six months of jail, 48 to 120 hours of community service, and $200 to $1,000 in fines. Meanwhile, a second offense of battery domestic violence in Las Vegas within seven years carries ten days to six months in jail, 100 to 200 hours of community service, and $500 to $1,000 in fines. And a third conviction of Las Vegas battery DV is a category C felony, punishable by one to five years in prison and up to a $10,000 fine. Counseling will be ordered as well.

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

Last month, a fifty-four year old former chef got a new trial date after the 9th Circuit Court of Appeals reversed the murder conviction in his first trial over faulty jury instructions. He’s accused of stabbing a man in 1993 in a Circus Circus – Reno hotel room they shared. The accused argued that Nevada self-defense law exonerates him.

The two men reportedly met while on a bus from San Francisco, where they shared cocaine. The fight reportedly started after the accused saw the other man in the room allegedly using his knives to make heroin. The victim was later found in the bathtub with 17 stab wounds.

Nevada self-defense law allows someone in immediate danger of being hurt by someone else to fight back. You’re also allowed to fight back if the aggressor is threatening your family or someone close to you. However, Nevada self-defense law requires that you use no more force than necessary to fend off the attack.

Read more about the story at http://www.rgj.com/article/20100219/NEWS01/2190399/1321/news

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/

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.

Read more about this story at http://www.lasvegassun.com/news/2010/feb/23/boulder-city-official-accused-leaving-scene-after-/

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

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.

Read more about this story at http://www.law.com/jsp/article.jsp?id=1202444432807&State_Need_Not_Prove_Stalker_Had_Knowledge_of_the_Fear_He_Inspired

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

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.

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.

Read more at http://www.kfbb.com/news/local/84817817.html

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.

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.

Read more about this case at http://www.lasvegassun.com/news/2010/feb/22/man-enters-plea-over-charges-tied-375m-markers/.

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 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.

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.

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

Last week, a judge in Washoe District Court revoked the probation of a Reno man for allegedly assaulting his former wife with a knife. The judge then sentenced the sixty-year-old to up to six years in prison for assault with a deadly weapon. The defendant originally fled, but detectives of the Northern Nevada Repeat Offender Program found him.

When issuing an order granting probation, the court may fix the terms of probation, require that the probationer dispose of his weapons, and mandate any other reasonable conditions that would ensure the health, safety or welfare of the community. The probationer may also be ordered to stay within a certain state or county or to refrain from contacting or seeing a certain person. Probationers are under the supervision of the Chief Parole and Probation Officer.

Nevada probation violation law is taken very seriously by judges. Sometimes, just the slightest misstep can cause a judge to deem that you’ve broken Nevada probation violation law. People on probation may find themselves back in jail for the smallest things like jaywalking, not reporting to their officers, or failing a drug or alcohol test.

In January, a Carson City man pleaded guilty to breaking felony attempted statutory sexual seduction law in Nevada. He was arrested in November after allegedly having sexual relations with a fifteen-year-old. Her parents discovered emails and texts they since sent to each other that referred to the encounter, which led to his arrest.

Statutory sexual seduction law in Nevada makes it a crime for an adult of eighteen or older to have sexual relations with someone under the age of sixteen. The penalty for committing statutory sexual seduction law in Nevada depends on the age of the alleged perpetrator. If he/she is twenty-one or older, it’s a category C felony, punishable by one to five years in prison and maybe a $10,000 fine. If he/she is under twenty-one, it’s a gross misdemeanor, punishable by up to one year in jail and/or up to a $2,000 fine.

When the defendant is a school teacher and the victim is a pupil at the school, penalties vary. If the victim is sixteen or seventeen years old, the teacher also faces one to five years in prison and maybe a $10,000 fine. But if the victim is fourteen or fifteen, he/she faces one to six years in prison and maybe a $5,000 fine.

A California man was sentenced last month in Nevada federal court on child pornography charges. While living in Reno, he allegedly coerced an eight-year-old into performing sexual acts, and he’s now looking at more than twenty-four years in federal prison. He had no prior criminal record.

One breaks Nevada child pornography law by owning, creating or selling photos, videos or other media of children engaging in sexual conduct. Penalties for breaking Nevada child pornography law are extremely serious and vary depending on whether the suspect allegedly produced it, advertised it or possessed it. It’s also considered a crime involving moral turpitude, so non-citizens convicted of it face deportation from the U.S.

Using or promoting the use of a child in pornography is a category A felony, carrying a life sentence. Advertising child pornography is a category B felony, carrying one to fifteen years in prison. And possessing child pornography is a category B felony for a first offense—subsequent convictions are category A. Defenses to charges of breaking Nevada child pornography law include “lack of intent” and the media in question not qualifying as pornography.

A woman who falsely accused Vegas showman David Copperfield of sexual assault has now been charged with prostitution in Washington State. According to a police report, she solicited prostitution from a businessman in Bellevue, and when he refused to pay, she called the cops to report harassment. Their investigation resulted in the District Attorney bringing prostitution charges against her.

In Las Vegas, prostitution is defined as the exchange of sexual favors for a fee. It’s punished as a misdemeanor, which means that the maximum Las Vegas prostitution penalties a defendant can face is six months in jail and a $1,000 fine. When the defendant is just a first-time offender, however, Las Vegas prostitution penalties are usually much less harsh:

A first time offender in Nevada can typically have a prostitution charge dismissed in exchange for completing “john school” or an AIDS education course and paying a $250 fine (and not getting arrested again until the course is completed and the money is paid). If the alleged prostitute is aware that she/he is HIV-positive, however, Las Vegas prostitution penalties are greatly increased to include a high fine and several years of imprisonment.

For National Stalking Awareness Month last month, the Nevada Network Against Domestic Violence (NNAADV) and Domestic Violence Intervention (DVI) of Churchill County aimed to inform the general public about what it means to break stalking and Nevada harassment law and how to fight it. Unfortunately, it’s a very difficult criminal offense to prove, so it’s important to keep recordings if possible of any events related to it.

Nevada harassment law makes it a crime to knowingly threaten to cause someone bodily injury, to physically damage their property, to subject someone to physical confinement, or to do anything else intended to substantially harm the person’s physical or mental health or safety. Also, the victim must be placed in reasonable fear that any threats made will be carried out. Harassment is frequently charged along with the crime of stalking.

A first conviction for breaking Nevada harassment law is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine. Any subsequent conviction is a gross misdemeanor, punishable by up to one year in jail and/or up to a $2,000 fine. In addition, victims are at liberty to seek out other legal remedies.

On Friday, a man allegedly tried to take off all his clothes at the terminal check-in in the Phoenix Sky Harbor Airport. He was arrested for disorderly conduct and indecent exposure for undressing. The man later told police his actions were the result of him missing his medication for bi-polar disorder.

In Nevada, people break Las Vegas indecent exposure law (NRS 201.220) by exposing their private parts, especially in a sexually suggestive way, such as flashers. Suspected prostitutes are frequently arrested for indecent exposure if cops find them soliciting by bearing their bodies. A mother breast-feeding her child is not considered indecent exposure in Nevada.

A first offense for breaking Las Vegas indecent exposure law is a gross misdemeanor, carrying up to one year in jail and/or up to a $2,000 fine. Any subsequent offense for breaking Las Vegas indecent exposure law is a category D felony, punishable by one to four years in prison and maybe a $5,000 fine. People charged with this crime are frequently also charged with open or gross lewdness.

On Wednesday, a seventy-year-old man allegedly crashed his car through the entrance of Laughlin’s Edgewater Hotel-Casino, killing two and injuring seven. He was arrested and charged with two counts of felony reckless driving causing death and was booked into the Laughlin Jail. The suspect had only minor injuries.

Witnesses say the suspect drove past a red light and struck a raised medium before speeding into the casino. The car apparently hit at least nine people and many slot machines before finally stalling near the cashier’s cage. The two fatalities that occurred were the eleventh and twelfth in Las Vegas Metro’s jurisdiction so far in 2010.

The Laughlin Jail, also called the Tucker Holding facility, is where suspects are originally booked if they’re arrested in Laughlin. The Laughlin Jail is very small, and inmates rarely stay there for more than two or three days before either being released or transferred to Clark County Detention Center. As opposed to most jails, Laughlin Jail does not provide uniforms or commissary privileges.

Roger “Black Mamba” Mayweather has been charged with battery-strangulation, battery causing substantial bodily harm and breaking Las Vegas coercion law in Clark County in connection with his alleged attack on a female boxer in August. The victim testified that Mayweather punched her in the ribs and choked her. The former junior welterweight champion pled not guilty last week and is scheduled for trial on June 1.

Las Vegas coercion law makes it unlawful for someone to use or threaten violence on someone with the intent to compel them to do something that the victim has the right not to do. Equally unlawful is forcing someone to abstain from doing something that they have the right to do. It’s also considered coercion to threaten or hurt the victim’s family or property or to simply intimidate by threats of force.

The penalties for breaking Las Vegas coercion law depend on whether the defendant allegedly used physical force or threatened the immediate use of physical force. If there was none, then it’s just a misdemeanor, carrying up to six months in jail and/or up to a $1,000 fine. But if there was force or the threat thereof, coercion’s a category B felony, punishable by one to six years imprisonment and maybe a $5,000 fine as well.

The Nevada Education Department reports that an increased number of high school students are depressed and engaging in destructive behavior, including smoking marijuana. Nearly forty percent of the students surveyed said they used pot, which is a significant increase from 2007. Experts surmise that these trends are a result of the recession and the kids’ parents’ stress rubbing off on them.

Marijuana sales law in Nevada makes it a category B felony to sell or grow marijuana in the state. (However, if the amount of marijuana in question is one hundred pounds or more, then trafficking law applies instead of marijuana sales law in Nevada.) The penalties for marijuana sales law in Nevada increases with each successive offense:

For a first offense of selling marijuana in Nevada, the defendant usually receives probation and a suspended sentence, but the judge may order one to six years in Nevada State Prison with an optional fine of up to $20,000. A second offense allows the judge to order two to ten years in prison with an optional fine of up to $20,000. And for a third offense, the defendant faces three to fifteen years in prison with the optional $20,000 fine. These sentences may be increased if the defendant allegedly sold to minors or sold near minors.

On Friday, a twenty-year old man driving a pickup was allegedly speeding and ran a red light near Lamb and the Strip. Witnesses reported to police that he struck another car, causing the death of its driver and passenger. After the pickup driver was released from the hospital, he was arrested for two felony counts of breaking Nevada reckless driving law causing death.

Any person who drives in willful or wanton disregard of the safety of people or property may be charged with breaking Nevada reckless driving law (NRS 484.348). As long as no one gets hurt or killed, it's a misdemeanor punishable by a fine between $250 and $1,000 or up to six months in jail. Subsequent offenses for breaking Nevada reckless driving law carry higher fines but still a maximum six months in jail.

If this alleged reckless driving causes death, it's chargeable as a category B felony, carrying one to six years in prison and a fine between $2,000 and $5,000. (Sentences may be increased if the accident took place in a work zone.) However, if it can be shown that the driver wasn't reckless but instead acted out of simple negligence, then the appropriate charge would be vehicular manslaughter, which is punishable as a misdemeanor.

Fifty-seven year-old Steven Farrell, who was arrested in Mesquite on December ninth on suspicion of murdering his fiancée in Benton County, will be extradited back to Indiana. Farrell faces charges of shooting forty-year-old Christine Craig in front of her sixteen-year-old daughter on what was supposed to be their wedding day. Last week Craig appeared before Clark County District Judge Smith on an Indiana governor's warrant. As expected, the judge signed an order granting extradition.

People arrested in Mesquite usually have their initial court appearance in Mesquite Justice Court. However, those arrested within Mesquite's city limits will have their cases heard in Mesquite Municipal Court, which is in the same building. If the case is a felony, then it may be "bound over" to Clark County District Court in downtown, Las Vegas.

Mesquite Justice Court, which is located at 500 Hillside Drive, Mesquite NV 89027, hears criminal proceedings only every other Wednesday, and it does not handle traffic matters. The hours for Mesquite Justice Court are Monday through Thursday, 7:30 a.m. to 4:30 p.m., and its phone number is (702) 346-5298. The court does not accept bail money, but you can pay bail at the Mesquite Jail, which shares the same address.

Man Arrested for Bullhead City Car Chase; Clearing Nevada Arrest Warrants

Last month, Bullhead City Police failed to stop Jonathan Louis Gutierrez, the alleged driver in a dangerous car chase. Authorities secured an arrest warrant for unlawful flight from law enforcement, and Las Vegas Metro helped execute it this month. Gutierrez was initially booked in the Laughlin Jail before being transported to Mohave County.

If there’s a warrant out for your arrest, you’ll usually have more success clearing Nevada arrest warrants if you hire private counsel and appear in court with them. Judges tend to be unsympathetic to unrepresented defendants, and good local counsel have a better chance of convincing the judge to grant O.R. release or at least to lower your bail.

One strategy for clearing Nevada arrest warrants is to find instances of police misconduct in your case and to persuade the judge to exclude any incriminating evidence found because of it. The weaker the state’s case becomes, the more amenable the prosecutor will be to negotiating down your charges.

Murder Suspect Has Nevada Bench Warrant; Removing Nevada Bench Warrants

Jason Ivler, the twenty-eight year old suspect in the homicide of Renato Victor Ebarle, Jr., has a bench warrant out of the Justice Court of Canal Township, Nevada. Dated September 9, 2009, the Nevada bench warrant is for failure to appear in court to address various drugs-related offenses. According to Chief of the NBI Counter Terrorism Unit Ricardo Diaz, Ivler was indicted for possession of Flunitrazepam, a sedative drug.

Ivler was arrested last week in Quezon City, and he’ll face murder charges in the Philippines before being deported to the US for the drugs case. The murder victim, killed on November 18, 2009 in Quezon City, was the son of Malacañang official Presidential Chief of Staff Undersecretary Renato Ebarle, Sr. Back in 2004, Ivler was also involved in a fatal car crash that resulted in the death of presidential adviser Nestor Ponce, Jr.

In most cases, removing Nevada bench warrants is a simple process that requires no jail or bail. For misdemeanors, your attorney needs only to appear on your behalf; for felonies, you should appear alongside your attorney. If you have one, removing Nevada bench warrants is important to do as soon as possible so the police no longer have the authority to arrest you on sight.

North Las Vegas police are investigating its first homicide of 2010. Sixty-year-old Willie Henderson was recently discovered shot to death at his home. Neighbor Jamie Cole said, “I'm totally shocked. I'm totally shocked. He (was) a nice, older gentleman, blind, and I can't believe something like this has happened.”

North Las Vegas Police Officer Chrissie Coon said, “There's no reason for investigators to believe that this was just a random home invasion. It is believed that this victim was specifically targeted. When officers arrived, the male was actually already deceased and died from an apparent gunshot wound.” Anyone with any information regarding the case is encouraged to call Crime Stoppers at 385-5555.

Continue reading "North Las Vegas Has First Homicide in 2010" »

Last month a murder suspect was arrested in Mesquite, Nevada. He had allegedly shot and killed his fiancée in Indiana on their would-be wedding day. The victim’s teenaged daughter witnessed the shooting.

The suspect fled to Nevada and remained at large until twelve days after the killing. The suspect’s extradition hearing is this week in Clark County District Court. The judge is expected to send him back to Indiana.

The Mesquite Jail is a very small detention center with only twenty beds. People arrested for misdemeanors in Mesquite will be booked at the Mesquite Jail. Otherwise, they may be transferred from the Mesquite Jail to the Clark County Detention Center.

Last week several suspects broke Nevada kidnapping law by abducting a tourist at gunpoint on the Strip, holding him for more than a day, stealing his money and valuables and beating him. According to Lt. Clint Nichols, the tourist was picked at random near the overpass at Flamingo Road. The suspects remain at large.

NRS 200.310 defines Nevada kidnapping law in the first degree as willfully seizing, confining, inveigling, enticing, decoying, abducting, concealing, or carrying away a person with the intent to hold them either for the purpose of ransom or committing sexual assault, extortion, robbery, battery or murder. Nevada kidnapping law in the second degree occurs when the suspect willfully takes a person with the intent to keep them secretly imprisoned within the state, to convey them out of the state, or to hold them against their will.

Continue reading "Tourist Kidnapped in Las Vegas" »

Yesterday evening the Las Vegas Metropolitan Police Department’s Enterprise Area Command hosted the “Our Children and Gangs Information Summit” at the Desert Breeze Community Center. The purpose of this summit was to inform the general public about the reality of gang activity in the state and Nevada gang crime laws.

Specifically, the summit covered the following topics: reporting gang activity, how gang members recruit new members, why youth are attracted to gangs, and signs that someone is becoming involved in a gang. Metro’s Gang Unit also discussed community based anti-gang strategies and the consequences for breaking Nevada gang crime laws.

Continue reading "Las Vegas Metro Holds Gang Crimes Informational Summit" »

The Exchange Club of Mesquite, Nevada, which advocates for the prevention and enforcement of Nevada child abuse, neglect and endangerment laws, is holding the Mesquite Madness IX Charity Action on March 13 at Casa Blanca. Auctioneer David Pierson will orchestrate the event, and funds raised will go towards preventing child abuse and neglect.

Nevada child abuse, neglect and endangerment laws make it a crime to purposely cause or permit a child to endure unjustifiable physical pain or mental suffering. Child abuse, neglect and endangerment also includes sexual abuse, sexual exploitation, excessive corporeal punishment and lack of supervision.

Continue reading "Mesquite's Exchange Club to Hold Benefit to Prevent Child Abuse" »

Las Vegas Police are looking for leads in the November assault on sixty-year-old homeless man Paul Schmidt. Police believe he was attempting to stop people from breaking Las Vegas graffiti law when the beating and robbery occurred. Schmidt remains in a coma at UMC.

The penalties for breaking Las Vegas graffiti law vary depending on the damage. If the damage is valued at less than $250, then it’s a misdemeanor, carrying up to six months in jail, 100 hours of community service and a $400 fine. If the damage ranges from $250 to up to $5000, then it’s a gross misdemeanor, carrying up to one year in jail, 200 hours of community service and between $750 and $1000 in fines. Beyond that, using graffiti in prohibited areas is chargeable as a class E felony, carrying up to four years in state prison.

Parents of minors convicted of breaking Las Vegas graffiti law are expected to pay any fines that the court impose or, in the alternative, perform community service. Furthermore, these minors may have their license suspended for six months to two years.

Nevadans for Sensible Marijuana Laws filed a new initiative to regulate Nevada marijuana law with the secretary of state's office last week. The organization needs to gather more than 97,000 signatures to have the measure sent to the 2011 Legislature. Their ultimate goal is to have the initiative placed on the 2012 ballot.

The manager of the campaign, David Schwartz, argues that marijuana is actually safer than alcohol and should therefore no longer be prohibited: "We will encourage voters to consider this fact and decide for themselves whether it makes sense to allow adults to use alcohol freely, but punish them if they choose to use a less harmful substance, marijuana." This latest initiative would allow 120 stores statewide to sell marijuana and would require them to pay a $2,500 licensing fee. Meanwhile, there could be only 50 growers, and they'd be required to pay $5,000 in fees.

Continue reading "Initiative to Regulate Marijuana Use Filed in Nevada" »

Last week the first ever Lake Tahoe DUI Victim Impact Panel took place. This program was created so that Incline Village may comply with new Nevada regulations, which require all defendants convicted of breaking Nevada DUI law to attend a live victim impact panel as part of their sentence. Various victims congregated to share their stories of how people breaking Nevada DUI Law affected their lives forever--the purpose of these victim impact panels is to help persuade defendants in current DUI cases to never drive under the influence again.

About twenty first-time DUI offenders watched as Deborah Hacket recounted how her dad was killed by a drunk driver when she was just four, and that her younger siblings have no memory of him. Then Mary Kay Randall spoke about her son, who was convicted of killing a Kings Beach resident and is now incarcerated, and how it shattered her family and drove her into depression. Justice Alan Tiras said to the panel, “We really want to show you what happens to people that drink and drive, and the ramifications for families, friends and entire communities."

The penalties for breaking Nevada DUI law include attending a victim impact panel as well as fines, DUI School and up to six months in jail (that is usually suspended). DUIs are misdemeanors if no one gets hurt, but a third one in seven years is charged as a felony. Similarly, DUI accidents where someone dies are chargeable as felonies as well.

Many Nevada judicial districts provide drug court programs that attempt to rehabilitate and educate drug offenders instead of simply punishing them with jail, which doesn't treat the root problem anyway. Similarly, Reno Municipal Court recently started a "solicitation court" to help women who've broken Nevada prostitution law by trying to get them off drugs. Chelsie Sutton, who's currently in Washoe County Jail, explained that, "There's a lot of them [prostitutes] that start doing it because they are addicted to drugs and that's the only reason that they are doing it in the first place."

Judge Jim Van Winkle explains that he got the idea for solicitation court from a similar court in Clark County, which has been successful in keeping people convicted of prostitution from becoming repeat offenders: “It was just something I felt it was needed to do something about so we could stop the revolving door problem." Defendants who choose solicitation court submit to frequent drug testing, counseling and court appearances instead of sentencing. The program is partnered with Scarlet Covering, a support group that helps stop women from breaking Nevada prostitution law.

Nevada prostitution law makes it a misdemeanor to offer sex in exchange for money or other property. Penalties include up to six months in jail and/or a $1,000 fine and usually John School. The only places prostitution is legal in Nevada are in licensed brothels.

Now that Nevada prostitution law allows counties to permit its licensed brothels to hire male sex workers, industry leaders are speaking out on both sides of the controversy. Shady Lady Ranch brothel owner Bobbi Davis supports the change and wrote to Nye County officials, “I personally feel, as do the many other women who have made contact with me since I started this, that this is a service whose time has come.” But George Flint, lobbyist for the Nevada Brothel Assn., argues that offering gay sex could potentially lead to the downfall of the entire brothel system.

David said she’s received over 100 applications from men hoping to work at her brothel as prostitutes. In an open meeting with Nye County officials, she downplayed any negative effects allowing male brothel prostitutes may have, saying, "It seems the biggest hoopla is a great fear in some people's minds that some kind of homosexual activity might go on. Why panic I don't understand . . . it's not my intent to encourage or promote or to turn my business into a 'gay property.'"

Unless it occurs in a licensed brothel, buying sexual favors for money (or other property) is a misdemeanor under Nevada prostitution law. Just offering to trade sex for money breaks Nevada prostitution law as well, even if the sex never happens. If convicted, defendants face up to six months in jail and/or a $1,000 fine as well as “john school.”

Two weeks ago, a twenty-five year old in Churchill County pled guilty to his third DUI in seven years. Normally a third-time DUI is an automatic felony mandating at least a year in prison, but he may be able to avoid prison and a felony conviction altogether if he’s accepted to and successfully completes the Nevada DUI Diversion Program.

The Nevada DUI Diversion Program, which lasts for three to five years, is designed to rehabilitate and educate repeat offenders instead of punishing them. Participants commit themselves to six months of house arrest, counseling, strict supervision, unannounced searches and seizures and breath tests with a Sobrietor, and appearances before a district court judge every two weeks so he/she can monitor their progress. Furthermore, the program costs upwards of $14,000 to cover all the costs and fees, including a substance abuse evaluation and a breath interlock device.

Nevada DUI Diversion Program participants who violate the terms, such as having alcohol, must spend a month in jail for the first offense. But if participants break the rules for a second time, they’re automatically thrown out of the program and sent to prison. And a subsequent DUI offense is two to fifteen years in prison. But if they’re successful in the program, the offense is reduced to a gross misdemeanor.

Recently, a forty-four year old man from Reno was sentenced to life as a habitual criminal for his ninth felony conviction, this time for breaking Nevada burglary law at the Caughlin fitness and tennis club. He has already been to jail on six different occasions. He will have to serve at least ten years before the parole board can consider releasing him. District Attorney Kristin Erickson argued that the defendant is only ever crime-free when he's incarcerated.

Nevada burglary law makes it a crime to enter any home, business or structure with the intent to commit a felony inside, including assault, battery or grand larceny. A jury may convict someone for burglary even if the suspect didn't succeed in committing the felony--all that matters is that he/she had the intent to. Furthermore, a suspect needn't have "broken into" the building to be convicted of burglary.

The penalties for breaking Nevada burglary law in Nevada, a category B felony, include one to ten years in prison and a fine of up to $10,000. The sentence is increased to two to fifteen years if a deadly weapon is used in furtherance of the burglary. Repeat offenders are ineligible for probation, and non-citizens may be deported for it.

Last week two men allegedly entered the Virgin Valley Pawn Shop, pulled a gun and sprayed one of the employees in the face with pepper spray. A second employee managed to record the suspects' license plate number before they fled the scene. Police pursued the suspects, who crashed their car and escaped on foot before eventually being caught.

Both suspects have been charged with breaking Nevada robbery law with a deadly weapon, conspiracy to commit robbery with a deadly weapon, evading police and the possession of methamphetamine. One of the men was also charged with coercion with a deadly weapon. Chief Douglas Law expressed his relief that the situation ended without violence: “We were fortunate no one was injured, especially given the circumstances surrounding the armed robbery and pursuit; I want to commend everyone who worked as a team to safely apprehend the suspects.”

Nevada robbery law makes it a felony to take the personal property from the person of another in his presence, against the person's will, and by means of force or fear of injury. (Robbery is another word for mugging.) It carries two to fifteen years in prison, though the sentence may be doubled if a deadly weapon was used in pursuance of it.

Yesterday a man entered the Lloyd D. George U.S. District Courthouse, pulled a shotgun and killed a security officer and injured a deputy U.S. Marshal before being killed himself. It's not believed the shooting was related to organized terrorism, and reports indicate that there have been no threats leading up to this attack. The building was evacuated and remained closed for the remainder of the day.

Nevada Senator Harry Reid, who has an office in the courthouse, said, "The law enforcement personnel who protect the courthouse put their lives at risk every day to keep the people who are inside safe, and I greatly appreciate their service." U.S. Marshals Service Director John F. Clark released a statement as well: "I can receive no news more grim or sobering than word of a line-of-duty death or injury to our U.S. Marshals personnel. ... Rest assured, the brave and immediate actions of these two individuals saved lives by stopping the threat of a reckless and callous gunman who had no regard for who or how many victims were struck down by his senseless actions. They are heroes."

Continue reading "Shooting in Las Vegas Federal Courthouse" »

This New Year's Eve, the Nevada Highway Patrol arrested eighty-two people for breaking Nevada DUI law in Las Vegas, seventy more than state troopers arrested last year. Part of that is contributed to increased numbers of troopers on duty: All the state troopers from the Southern Command in addition to more than three thousand Las Vegas police patrolled the streets this year. As for Reno, only twenty-seven drivers were arrested for breaking Nevada DUI Law, which is less than last year.

Otherwise, this year's celebrations were relatively uneventful, with no reported fatal accidents or homicides anywhere in the state. However, Washoe County reports five arrests for domestic battery and thirty-two people taken into protective custody for inebriation.

Nevada DUI law makes it a crime to drive drunk or high. If no one gets hurt, the driver will probably be charged with a misdemeanor, carrying a six month suspended sentence, fines, DUI School and a victim impact panel. If the DUI resulted in an injury, however, the prosecutor will pursue it as a felony, which carries mandatory prison time.

According to the FBI, violent crimes and robberies decreased in Las Vegas during the first half of 2009 compared to the first half of 2008. However, violent crimes increased around Las Vegas. For examples, instances of people breaking Nevada robbery law jumped 29 points in Henderson, 25 points in North Las Vegas, and 15 points in Reno. And in Reno, aggravated assaults increased 20 percent.

Nevada robbery law is defined as the unlawful taking of personal property from someone else using force or fear of injury. It’s a category B felony, carrying two to fifteen years imprisonment. If a deadly weapon is used, the judge may increase the sentence for Nevada robbery law up to twenty years, but the added time may not exceed the underlying sentence.

Continue reading "Robbery Crimes Increase Around Las Vegas" »

Last week a Reno resident was arrested for allegedly breaking Nevada burglary law. The resident reportedly pulled a gun on a homeowner in attempt to gain access to the house. The homeowner managed to call 911, and a suspect was arrested shortly thereafter.

Nevada burglary law makes it a crime to enter any building or car with the intent to commit larceny, battery, assault, or any other felony once inside. Burglary does not require breaking and entering—one can still be convicted of burglary if he/she gained entrance through an open door or is even invited inside. However, a forced entry does allow the jury to infer that the suspect had burglarious intent.

Continue reading "Reno Resident Arrested for Burglary" »

A DUI checkpoint in Sparks last week resulted in three arrests for breaking Nevada DUI law. Officers from the Nevada Highway Patrol, Reno, Carson City and the counties of Reno, Storey, Lyon and Washoe together screened over two thousand vehicles. They conducted twenty-six field sobriety tests and issued more than fifty citations for various violations, including seat belt and car seat issues, lack of insurance and registration and licenses.

Nevada DUI Law makes it a misdemeanor to drive drunk or high. But a third DUI arrest in seven years is a felony (though defendants may be able to avoid conviction by completing a Nevada DUI Diversion Program). If the incident resulted in injury or death, it’s charged as a felony as well.

If a police officer pulls you over on suspicion of breaking Nevada DUI Law, he will ask you to produce your license, insurance and registration and will ask you some other questions, including if you had anything to drink. If the cop still suspects you of DUI, you’ll be asked to perform various field sobriety tests (such as balancing on one foot), and you may elect to take a breath test or a blood test.

A teacher at Las Vegas Academy has recently been arrested for alleged inappropriate behavior with a student. Reports are that the incident happened one time and on school property, but police are looking to see if there could have been other victims. Lieutenant John Bradshaw from Metro's Sexual Assault Detail gave the following advice to parents of students there: “[S]it down and speak with your children and see if they had Mr. Hoffman as a teacher, and be inquisitive about if anything happened inappropriate with them, and if they did, notify the sexual assault detail as soon as possible.

The teacher was charged with coercion and three counts of breaking Nevada open or gross lewdness law. A first offense for breaking Nevada open or gross lewdness law is a gross misdemeanor, carrying up to a year in jail and a $2,000 fine. Subsequent offenses for breaking Nevada open or gross lewdness law are category D felonies, carrying one to four years in jail and maybe a $5,000 fine.

Continue reading "Las Vegas Teacher Arrested for Open or Gross Lewdness" »

Police arrested a senior citizen last week for breaking Nevada property damage law by allegedly throwing paint on the “Welcome to Fabulous Las Vegas” sign on the Strip. Police say he was caught on tape before being booked into Clark County Detention Center on misdemeanor charges for property damage. He had told the AP he was planning a demonstration on health care.

Nevada property damage law makes it a misdemeanor to remove, alter or otherwise destruct monuments or landmarks designating boundaries. Misdemeanors are punishable by up to six months in jail and/or a $1,000 fine, and convicted defendants have to pay for repairing the damage as well.

Continue reading "Man Arrested for Defacing Las Vegas Sign" »

Solicitation for prostitution in Las Vegas traditionally occurs through yellow page ads and billboards touting escort services and massage parlors. But recently, Craigslist has become the new frontier for breaking Las Vegas solicitation law, and what's more, the law is barely being enforced. UNLV Criminal justice professor Alexis Kennedy observes, "It's this whole world of online brothels, but nobody is monitoring it anymore.”

Although Craigslist recently removed its “erotic services” section, prostitutes can still break Las Vegas solicitation law by posting paid ads under the “adult services” section. Kennedy, with the help of eight grad students, found that the vast majority of the “adult services” ads they analyzed appeared to be for escort agencies, included (702) phone number, and even specified prices for “services.” But as Lt. Karen Hughes, who heads the Las Vegas Metropolitan Police Department's vice section, explains, "Policing those venues has become very difficult . . . There are just very, very few resources that are dedicated to those types of operations . . . It's an insurmountable problem."

Continue reading "Craigslist Making it Easier to Solicit in Las Vegas" »

This past weekend Las Vegas Police partnered with the Nevada Highway Patrol to conduct a DUI checkpoint on Boulder Highway and Sahara. It lasted from 7 p.m. Saturday night through 3 a.m. Sunday morning, and the purpose was to check for drivers breaking Las Vegas DUI law. The National Highway Traffic Safety Administration coordinated the checkpoint, which received some funding by the Nevada Department of Public Safety Office of Traffic Safety.

Las Vegas DUI law makes it a crime to drive under the influence of drugs or alcohol. Having a BAC of .08 or more is per se illegal, even if you’re operating the motor vehicle in a safe manner. If a cop pulls you over for suspected DUI, you’ll be asked some questions and may have to perform various field sobriety tests.

Penalties for breaking Las Vegas DUI law include DUI School, a victim-impact panel, fines and a six-month jail sentence (which is usually suspended). DUIs are misdemeanors unless it results in an injury, in which case the prosecutor will bring felony charges.

According to the Reno Gazette-Journal, almost half of the 113 motorists in Washoe County charged with breaking Nevada felony DUI law in the last ten years had previous arrests for driving under the influence. Nearly a quarter of those were arrested for DUI several times, and one of them was arrested for DUI again following his release from prison.

The average BAC for these arrestees breaking Nevada felony DUI law was .198, but some of these drivers’ BAC levels exceeded .3, which could be lethal to many people. Toxicologist Jeff Handler from Philadelphia explains, "The data says these people are not strangers to alcohol -- they're not casual drinkers. If you drink routinely, two beers doesn't do anything. If you're a chronic drinker, you adapt to the effects of alcohol" which results in higher BAC levels.

Continue reading "Many Nevadans Convicted of Felony DUI Are Repeat Offenders" »

Last week U.S. District Judge Kent Dawson sentenced Quinton Williams to seventeen years in prison for trafficking sex workers into Las Vegas. Back in March, a jury convicted him of transporting a female for prostitution, transporting a minor for prostitution, sex trafficking of children, interstate travel in aid of racketeering and money laundering. Williams was the first defendant that Nevada prosecuted under the federal Sex Trafficking of Children statute.

Williams was actually convicted of these sex crimes back in 2003, but the 9th Circuit ordered a new trial. He received a lengthier prison sentenced for the second trial because of his criminal history: He had three felony convictions in Illinois for controlled substance crimes and attempted robbery.

On the state level, Nevada pandering law prohibits the compelling of another person to engage in prostitution. Common names for the people who break Nevada pandering law are “pimps” and “madams.” But “johns,” the customers of prostitutes, are not considered panderers. The penalties for breaking Nevada pandering law are harsh, carrying felony sentences of several years imprisonment and several thousands of dollars. If children are involved or the alleged panderer used force, punishments are increased even more.

Last week twenty-six year old Rene Zambadajimenez was arrested for breaking Nevada murder law by shooting thirty-seven year old Ulises Mendez-Rodriguez near Route 157 and the 95. Reportedly, Zambadajimenez was driving with Mendez-Rodriguez before pulling over, at which point Zambadajimenez allegedly shot him five times with a 12-gauge shotgun. He then fled in the car, and Mendez-Rodriguez died shortly thereafter.

When police later executed a search warrant on Zambadajimenez’s apartment, they found the shotgun and some of Mendez-Rodriguez’s belongings. Zambadajimenez even reportedly admitted to the killing. Homicide Lt. Lew Roberts said the murder was drug related: “It was a fairly typical narcotic-related dope rip-off.”

Nevada murder law divides homicide into first and second degree. First degree murder involves cases where the perpetrator killed with malice aforethought or committed the killing while carrying out another felony. Second degree includes all other kinds of murder. Penalties for breaking Nevada murder law in the first degree include death, life in prison, or fifty years in prison, and the judge may also grant parole after twenty years.

The Nevada Revised Statutes don't prohibit licensed brothels from hiring male prostitutes, but state health codes outlining the procedures for the regular medical testing of brothel prostitutes have always pertained only to female sex workers, thereby implicitly barring men from the profession. But now, the language of the state health codes has been changed to include a urethral testing, thereby acknowledging that men as well as women may legally work as brothel prostitutes.

But even though state health codes now account for male sex workers, individual counties are still free to continue granting work cards only to females. Nye County Sheriff Tony DeMeo said Friday, “We're going to look at it. We have some concerns. We're going to have to deal with it at our other six brothels in Nye County if they want to offer the same service. We want to make sure we protect customers and make sure the industry is regulated with clarity and understanding." Ever since state health codes have been implemented over twenty-five years ago requiring that licensed brothel prostitutes be regularly tested, not one of them has contracted HIV.

Continue reading "Male Brothel Prostitutes Now Legal in Nevada" »

The Las Vegas non-profit company Designated Drivers, which provides drivers who’ve consumed alcohol a ride home, is in financial trouble. Not one of the 2,400 restaurants and bars Designated Drivers reached out to have offered to sponsor the non-profit, which offers its services free from December 18th to January 3rd. According to Designated Drivers, the last two years saw no DUI fatalities during the holiday season.

Las Vegas DUI Law makes it a misdemeanor to drive a car while under the influence of drugs or alcohol. Even if you’re driving well, you can still be convicted of breaking Las Vegas DUI Law if your BAC level is .08 or above. If you're pulled over on suspicion of DUI, the officer will ask you a series of questions and request that you perform field sobriety tests.

Breaking Las Vegas DUI Law is a misdemeanor as long as there was no accident or injury. Penalties include up to six months in jail (that is usually suspendable), fines, a victim impact panel, and DUI School. Las Vegas DUI Law makes driving under the influence a felony if someone gets injured.

Last week an eighteen year old was arrested for breaking Nevada felony DUI law after allegedly failing to stop at a red light on Rainbow and Flamingo. His pickup collided with a smaller car that was making a left turn at a green light, killing the twenty-four year-old-driver. The teenage driver was not hurt, but his teenage passenger had to go to the hospital with minor injuries.

The teenage driver performed field sobriety test and registered a BAC of .142% (the legal limit is up to .08). He claimed to have taken four shots of alcohol prior to driving that night. He’s now facing two counts of breaking Nevada felony DUI law.

If a drunk-driving accident results in death or substantial bodily harm, Nevada felony DUI law mandates two to twenty years imprisonment and two thousand to five thousand dollars in fines. The defendants’ license is then revoked for three years, and they’re required to install a breath interlock device in their vehicle for twenty to thirty-six months. They also have to attend a victim impact panel.

Ever since 1997, defendants convicted of breaking Nevada felony DUI law were supposed to have ignition interlock devices installed in their cars. But a recent Reno Gazette-Journal investigation found that no Washoe County judge since 2000 has ordered this provision. Now, judges and parole officers across the state are pledging to enforce the sentence in an effort to stem future DUIs. (An ignition interlock device is a kind of breathalyzer that prevents the car it’s attached to from starting if the driver has ingested any alcohol.)

Second Judicial District Chief Judge Connie Steinheimer said, "My district is aware of it and is moving forward to see that there is not an oversight again.” Clark County District Judge Jennifer Togliatti said, "Every judge I know will be doing it immediately.” And Las Vegas Chief Deputy District Attorney L.J. O'Neale said they’re changing the plea agreements accordingly to correspond with Nevada felony DUI law: "The plea agreements had not kept up with the change in the law and only said a judge 'may' order the device. We're changing the language from permissive to mandatory."

Continue reading "Nevada Judges Only Now Complying with 1997 Ignition Interlock Device Law" »

Last Thursday morning, a fifty-six year old male inmate was discovered deceased in his cell at Las Vegas City Jail. Officials did not give a cause of death but specified that it wasn’t suspicious. He was arrested earlier this month for allegedly breaking Las Vegas solicitation law.

Las Vegas solicitation law makes it a misdemeanor to engage in prostitution or solicitation of prostitution, defined as the exchange of sexual contact for a fee. So merely asking someone to trade money for sexual favors can get you arrested, even if the sex never occurs. Solicitation crimes in Las Vegas usually happen on the street, at casinos, or through “escort services” and massage parlors.

Las Vegas solicitation law mandates a maximum sixth month jail sentence and/or a $1,000 fine. Jail-time, however, is very rare for a first or second offense. Oftentimes, the sentence also includes several hours of community service and “john school,” which educates customers, usually men, about the health and safety dangers of prostitution.

Rachel Jessee, who starred in “Scarlett and her Seductive Ladies of Magic” at the Riviera, was arrested on a misdemeanor count of breaking Las Vegas domestic battery law. The twenty-one year old allegedly assaulted her sixty-seven year old boyfriend two weeks ago. The police report states that she grabbed him by the ear after an argument and punched him in his right eye.

Las Vegas domestic battery law defines domestic violence as the infliction of a battery, assault, coercion, sexual assault or course of harassment on a spouse, parent, roommate or romantic partners (past or present). Many people are falsely accused of domestic battery by vengeful significant others, or else they’re in fact the victims in the skirmish and acted only in self-defense. Non-citizens charged with DV have to be careful to choose a lawyer familiar with immigration law because it’s a deportable offense.

Continue reading "Las Vegas Magic Show Star Charged with DV" »

Last year, Xiao Ye Bai allegedly stabbed Wen Jun “James” Li in a karaoke bar on Jones Blvd. when he refused to pay Bai $10,000. A Chinese immigrant who may have gang ties in California, Bai is also charged with murder in San Gabriel, CA, where he allegedly killed a man and wounded another in a restaurant in 2008. This week, the death penalty committee of the Clark County District Attorney’s office is reviewing Bai’s case to determine whether Nevada will pursue capital punishment.

Nevada homicide law defines first-degree murder as premeditated killing or killing that occurs during the perpetration of a felony. Second-degree murder is all other kinds of murder (such as Russian roulette). Nevada homicide law permits the death penalty only for first-degree murder convictions.

Continue reading "Clark County DA Death Penalty Panel to Review Karaoke Killing Case" »

A man charged with four driving-related misdemeanors, including breaking Nevada vehicular manslaughter law, asked a judge last week to have his driving privileges restored. On July 15, the man was allegedly driving on a dirt road when he lost control of his Jeep Wrangler, causing it to overturn twice, and killing one of his passengers. Neither was wearing a seatbelt.

The driver also faces charges of driving without due care, driving left of center and failing to wear a seat belt. He tested negative for drugs, and his blood alcohol content was only .032, well below the legal limit. However, he has a past conviction of DUI as a minor, and he’s also been convicted of possession of drugs and stolen property. The DA is fighting the man’s request to have his driving privileges restored, and his next court hearing is set for later in December.

If a driver’s simple negligence causes a deadly traffic accident, he/she may be charged with breaking Nevada vehicular manslaughter law (NRS 484.3775), which is a misdemeanor carrying up to six months in jail and/or maybe a $1,000 fine. However, the jail term and fine may be doubled if the driver was violating a speed limit at the time or was in a work zone. And, obviously, the defendant’s driving record will reflect having broken Nevada vehicular manslaughter law.

After Charles Messoria did time in prison for accidentally killing his wife during a drunk driving incident in ’99, Nevada DUI laws were in place that should have prevented him from driving drunk again: A mandatory ignition interlock device should have been installed in his car, he should have had to wait three years before getting a new drivers license, and he should have been charged with a felony rather than a misdemeanor after being arrested for breaking Nevada DUI law again last year. None of that happened, and poor communication between law enforcement agencies and lack of knowledge of the law among authorities are being blamed.

Nevada DUI law makes it a crime to operate a motor vehicle while drunk or high. Even if you’re driving carefully and no accident has occurred, you can still be arrested for having a BAC of .08 or higher. Most DUIs without injury or property damage are misdemeanors, but a third DUI arrest in seven years is an automatic felony. As mentioned above, typical punishments for repeat offenders of Nevada DUI law include a mandatory ignition interlock device as well as a two-to-three year license revocation.

Of Messoria, Assemblywoman Sheila Leslie, D-Reno said, “It's outrageous that a chronic repeat offender has fallen through the cracks in the system. The public is at risk when our laws are not being enforced." Messoria recently did have his license revoked.

Last week in Churchill County District Court, U.S. Army soldier Jeremiah Roth pleaded guilty to breaking Nevada grand larceny law for having stolen upwards of $3,000 from a Taco Bell while he was employed there. The judge sentenced him to one to three years in prison.

Roth previously had cases in Las Vegas as well as Carson City for the crimes of burglary and possession of stolen property, but they were dismissed. He currently owes more than ten thousand dollars in back child support. He’s also facing charges for forgery and theft in Georgia, where he allegedly fled to after stealing the money.

Nevada grand larceny law makes it a crime to intentionally steal another person’s property valued at $250 or more. If the value is less than $250, then it’s only petit larceny, a misdemeanor carrying up to six months in jail. If the value is between $250 and $2,500, then it’s a class C felony, carrying one to five years imprisonment and a $10,000 fine. If the value is equal to or greater than $2,500, the possible maximum prison term is increased to ten years.

On Friday, North Las Vegas police arrested Emmanuel Gordian for allegedly hitting a motorcycle while driving in his pickup at 100 mph, causing the motorcyclist to die at the scene. Gordian will likely be charged with one count of felony reckless driving with death and one count of leaving the scene of an accident with death. So far this year, North Las Vegas has had six fatal traffic collisions.

Reckless driving in Nevada (NRS 484.377) occurs when someone operates a motor vehicle with willful or wanton disregard to the safety of others or property. If no one is hurt in the incident, breaking NRS 484.377 may result in charges as minor as a misdemeanor, but reckless driving causing death is a category B felony, carrying one to six years imprisonment and $2,000 to $5,000 in fines. And if the incident occurred in a work zone, penalties for NRS 484.377 may be doubled.

Any driver involved in a traffic accident resulting in death or bodily injury is legally required to stop and cooperate with law enforcement. Anyone who leaves the scene of a traffic accident involving death or injury may be charged with a category B felony, punishable by two to fifteen years imprisonment and $2,000 to $5,000 in fines.

Former NFL offensive lineman Ross Verba was recently charged with three counts of writing bad checks (NRS 205.130) to the Palms in January of last year. He’s allegedly run up $26,000 in unpaid casino markers, which are treated as bad checks in Nevada. He was arrested last week in Phoenix.

Casino markers are loans that Nevada casinos allow patrons to borrow for short periods of time, usually ten to thirty days. Most people mistakenly believe that unpaid casino markers is a civil matter. But if the markers are not paid back in time, casinos will report it to the DA, who will then issue a warrant for your arrest for breaking NRS 205.130.

The DA will usually dismiss charges for NRS 205.130 if you pay them back, even over a long period of time as part of a payment plan. However, failing to pay back casino markers of over $250 dollars is a felony, carrying up to four years in prison, $5,000 in fines and full restitution.

A seventy-four year old man from Reno was booked this past weekend into the Washoe County jail for breaking Nevada DUI law. He’s also under suspicion for failure to use due care, a hit and run property accident as well as failing to report.

Troopers arrested the driver at his apartment, where he initially denied involvement in the accident. He reportedly admitted to drinking and failed the field sobriety tests.

Nevada DUI Law makes it an automatic misdemeanor to drive with a blood alcohol level of .08 or more. But even if your BAC is less, you can still be convicted of DUI if the state can show that alcohol impeded your ability to drive. Nevada DUI law makes a third DUI offense in seven years a felony, carrying up to six years in prison.

Last week, the Academy of Human Development on 235 N. Eastern Ave. presented a seminar on road safety to Hispanic residents. In addition to learning about Las Vegas DUI law, attendees watched demonstrations on seat belt use and other safety measures and were encouraged to take extra care during the holidays. Yvonne Griebling of the Academy explained, “Some Latinos don’t like to wear seat belts or have car seats for their children because it’s their culture. We are trying to emphasize and push the fact that the law is not the same here.”

Every hour, two people die in a drunk driving accident, and every minute, one person is injured, according to Sandy Heverly of STOP DUI. She said that the holidays are a time to be extra careful about not breaking Las Vegas DUI Law: “We see a significant increase in DUIs through Jan. 1.”

Las Vegas DUI Law makes is a misdemeanor to drive under the influence of drugs or alcohol. Penalties include fines, DUI School, a victim impact panel, and jail time that can usually be suspended. Community service can usually be done in place of fines.

Three suspects, ages seventeen to twenty, have been arrested for allegedly murdering Las Vegas police officer Trevor Nettleton last week. Authorities believe the incident was an attempted robbery but where the suspects came away with nothing.

The suspects will probably be charged with Nevada murder with a deadly weapon, conspiracy to commit robbery and attempted robbery with a deadly weapon (NRS 200.380). Police also suggest that the gang enhancement charge be added. They’re currently in custody at the North Las Vegas detention center.

NRS 200.380 defines robbery as the unlawful taking of personal property from someone else by means of force or fear of injury. NRS 200.380 is a category B felony, punishable by two to fifteen years imprisonment. For the deadly weapon enhancement, the judge can increase the sentence by up to twenty years as long as the added time does not exceed the underlying sentence.

Gregory Thomas has been arrested and jailed for allegedly leaving a threatening voicemail earlier this month to Boulder City Manager Vicki Mayes. He reportedly said in the message that he’d rape and murder Mayes, kill her husband, and kill anyone who prevented him from attending the November 10 City Council meeting.

After Thomas’s arrest, he reportedly told police that he was frustrated with the city manager after failing to secure affordable housing in Boulder City. He was charged with harassment and two counts of possessing drug paraphernalia in Nevada (NRS 453.566). He was booked in the Henderson Jail on $250,000 bond.

Continue reading "Man Who Allegedly Threatened Boulder City Manager Arrested" »

Last week, Henderson resident Amanda Werber pleaded guilty to child endangerment and breaking Nevada reckless driving law (NRS 484.377) for a rollover crash on Super Bowl Sunday that injured two people. She was originally charged with driving under the influence. District judge Elissa Cadish gave her a suspended sentence of five years and a $2,000 fine.

NRS 484.377 defines reckless driving in Nevada as the willful disregard of the safety of persons or property while operating a motor vehicle. Reckless driving also comprises unauthorized speed contests on public highways.

Continue reading "Henderson Woman in Super Bowl Sunday Crash Pleads to Reckless Driving" »

Las Vegas Police submitted a report to prosecutors recommending that criminal charges be brought against doctors allegedly responsible for the unsafe injection practices leading to the Hepatitis C outbreak over two years ago. Las Vegas criminal defense lawyer Michael Becker said, “This is a very complicated case, so charges still may not come for a while, if ever.”

In the report, exceeding 10,000 pages in total, police recommended bringing various charges, including criminal neglect of patients, a felony carrying one to six years in prison. Las Vegas criminal defense lawyer Michael Becker said, “It’s likely the case will be taken to a grand jury because there is so much evidence involved.”

Continue reading "Las Vegas Prosecutors May Bring Charges Against Medical Workers Linked to Hepatitis C Outbreak" »

Conan Pope, who killed his abusive dad when he was fifteen, appeared before the state Pardons Board in the hopes for a pardon that would allow him to join the military. Although he served six years for breaking Nevada voluntary manslaughter law, he hasn’t been able to get a decent job due to his criminal record. Although two Nevada Supreme Court justices took his side, the Board denied his request for a pardon.

Working against Pope’s favor are his past heroin abuse as well as the Board’s determination not to send a message that it’s okay for children to kill abusive parents. Deputy District Attorney Chris Owens said, "There are other youth out there with bad parents, but they don't shoot them.”

Nevada voluntary manslaughter law concerns homicides whereby the alleged killer was seriously and highly provoked to inflict injury (by being injured him/herself) or intended only to commit serious personal injury and not death. Nevada voluntary manslaughter law makes the crime a category B felony punishable by one to ten years in state prison and maybe a $10,000 fine.

Two brothers were arrested this week for breaking Nevada homicide law in connection with the killing of an elderly man, who was found dead on Saturday in his condo. Both face first-degree murder charges, and they’re being detained without bail.

Nevada homicide law distinguishes between first and second degree murder. First degree murder is homicide committed with malice aforethought or in the perpetration of a felony. Second degree murder is all other kinds of murder.

Nevada homicide law mandates either death, life imprisonment, life imprisonment with the possibility of parole after 20 years, or 50 years imprisonment with the possibility for parole after 20 years. Second degree murder is punished by either life with the possibility of parole after 10 years, or 25 years imprisonment with the possibility of parole after 10 years. The state cannot impose death unless at least one aggravating factor is found that is not outweighed by mitigating factors.

Last week, a Boulder City woman who crashed her car in August, resulting in the death of her husband riding in the passenger seat, was arraigned for involuntary manslaughter, reckless driving and breaking Nevada DUI law. The preliminary hearing is set for January.

The couple was driving home from work when the Dodge truck went off the road and rolled over. The husband wasn’t wearing his seat belt, but the wife was and sustained only minor injuries. She allegedly admitted to police they she had been drinking.

Continue reading "Boulder City Woman Crashes Car, Killing Husband, Charged with DUI" »

On Thursday morning, an elderly man fended off several home invaders who kicked in the front door of his house near the intersection of Rancho and Vegas. After the intruders allegedly attacked the homeowner, he grabbed his gun and shot at them. One died and the rest fled the scene.

NRS 205.067 makes it a crime to forcibly enter an inhabited dwelling without permission of the owner or occupant. It makes no difference whether or not there is someone in the house at the time of the alleged invasion.

Anyone convicted of NRS 205.067 faced a category B felony, carrying one to ten years in state prison and maybe a $10,000 fine. If the suspect has previously been convicted of NRS 205.067 or burglary, they may not be granted a suspended sentence or released on probation. And if the suspect had in his/her possession a deadly weapon at the time, the sentence range is increased from two to fifteen years.

On Wednesday, Las Vegas police raided six different locations as part of an investigation into last year’s alleged stabbing of two Mongol members by rival Hells Angels members. The search warrants are sealed, and no arrests were made. The Mongols and Hells Angels have a long history of violence, including a deadly gun-battle at the 2002 Laughlin River Run.

Police may eventually press charges for attempted murder in Nevada. First degree murder includes instances of premeditated killing and felony murder. Second degree murder includes all other kinds of homicide, including attempted murder in Nevada.

Attempted murder in Nevada may result in a sentence of twenty-five years to life in prison, with the possibility of parole after 10 years. An additional twenty years may be added if the victim was over age sixty, and another additional twenty years may be added if the alleged perpetrator used a deadly weapon.

On Saturday, the Foundation for Recovery awarded Las Vegas Municipal Court Judge Cedric Kerns the 2009 Community Partner Award for his efforts in advancing Habitual Offender Prevention and Education Court (HOPE). The honor took place during a benefit at the Canyon Gate Country Club.

The purpose of HOPE is to help cure, as opposed to punish, people struggling with drug and alcohol addictions that often lead to various crimes, including the breaking of Las Vegas DUI law. This kind of “alternative sentencing” incorporates education programs, substance abuse treatment, and vocational training.

Las Vegas DUI law criminalizes the act of driving while drunk or high. Even if they’re seemingly in control of their faculties, drivers are automatically considered to be breaking the law if their blood alcohol content is .08 or greater. Las Vegas DUI law provides harsh punishments even for first-time misdemeanor offenders, including fines, a victim impact panel, DUI School and up to six months in jail (that can usually be suspended).

Las Vegas criminal defense lawyer James "Bucky" Buchanan died Saturday night after suffering a medical episode while backing his car out from his driveway, causing him to rear end it into a wall. Autopsy reports are pending. No one else was hurt.

A graduate of the U.S. Naval Academy, Mr. Buchanan has long been considered a legendary Las Vegas criminal defense lawyer. He's defended clients in several high-profile cases, including the Ted Binion murder trial. At the time of his death, he was defending Roger Mayweather, trainer for boxer Floyd Mayweather, on felony coercion and battery-strangulation charges.

In his spare time, Mr. Buchanan traveled to Africa for big-game hunting. He's starred in a 12-part Court TV reality show called "Las Vegas Law," and was working on another reality show tracking his dual life as an attorney and hunter.

Las Vegas criminal defense lawyer Bucky Buchanan was 74 years old.

Washoe County police have seen a rise in people breaking Nevada DUI law by abusing prescription medication. They estimate that as many as one in three of their DUI arrests stem from the driver being impaired from prescription medication. Reno police Lt. Dave Evans describes how people forget that Nevada DUI law can be broken by prescription drugs: “The biggest issue is people have to make sure that whatever they take will allow them to still function. It really requires effort on the driver to make sure they can operate safely and within the law.”

In recent weeks, Reno police have reported several DUIs resulting from prescription meds: One man was arrested in Sun Valley who had taken anti-depressants and sleeping pills, and a woman crashed into a school bus after taking Xanex. Reno police Officer Ronald Ahrens described how one motorist had crashed after taking a “prescription cocktail:” “He got out staggering like a drunk, but he had no alcohol on board.”

Nevada DUI law makes it a misdemeanor to operate a motor vehicle while impaired by drugs or alcohol. However, a third DUI in seven years is charged as a felony. DUIs causing injury or death is also charged as a felony.

Nevada’s “12 Hour Hold Law” allows police to keep people arrested for DUI in custody until they’re no longer under the influence. If they were drunk, police may wait until their BAL reaches .04 percent. If they were high, police can hold them for twelve hours.

NRS 484.379 criminalizes drivers who operate a vehicle while drunk or high. If a cop suspects you of being in violation of NRS 484.379, he/she may pull you over, ask you questions, and request you perform various field sobriety tests. These tests involve examining your eyes and asking you to walk in a straight line and balance on one foot.

If you’re convicted of violating NRS 484.379 for the first time, you can usually get the six month jail sentence suspended. But you’ll also face fines, a suspended license, DUI School, and a victim impact panel. Punishments become harsher with each successive DUI.

Nevada law imposes civil liability on people if they’re found to have supplied alcohol to an underage drinker who proceeds to have a car accident. Sandy Heverly, executive director of Stop DUI, has said, "Some of these adults believe they are putting those kids (underage drinkers) in a safe environment. But in reality what they're offering is a false sense of security."An estimated thirty percent of teens are given alcohol by parents or guardians.

NRS 484.379 prohibits drivers from operating a vehicle in Nevada while they’re drunk or high. Anyone found to be driving with a blood alcohol content of .08 or more is automatically presumed to be in violation of NRS 484.379 and subject to DUI charges.

People convicted of breaking NRS 484.379 for the first time face misdemeanor penalties (assuming no one was injured). Typical punishments include fines, probation, a suspended drivers license, and DUI school. Jail time can usually be avoided.

Eighty-six-year-old Joseph Woods has been charged with killing his wife, Kay Woods, as part of an apparent murder-suicide pact. After allegedly shooting her in the shoulder, he shot himself in the abdomen but did not die, and he’s currently in a nursing home receiving medical care.

Nevada murder law distinguishes between premeditated murder or felony murder (first degree) and other kinds of murder (second degree). Nevada murder law makes first degree murder a category A felony punishable by death, a life sentence, or a fifty-year sentence with the possibility of parole after twenty years. Second degree murder is also a category A felony, punishable by twenty-five years to life, with the possibility of parole after ten years.

Nevada murder law prohibits capital punishment unless the jury finds at least one aggravating factor that is not outweighed by mitigating factors. Examples of aggravating factors include if the suspect has committed murder or another violent felony in the past, if the suspect committed the murder in exchange for money, or if the victim was a police officer.

Last week, Las Vegas Metro shot local attorney Raymond James Duensing several times in the back and arm after he tried to flee from a traffic stop. Police ordered him to exit his vehicle after a records check showed that there was an arrest warrant out for him. When Duensing ran away and reached for a folding knife, police tased and fired at him.

Duensing was booked “in absentia” at the Clark County Detention Center. In the meantime, he’s receiving medical care at the University Medical Center, where his room is guarded by police. He’s expected to make a full recovery.

The Clark County Detention Center (or CCDC) is where most people are booked if they’re arrested in Las Vegas. (People arrested inside the municipal boundaries of Las Vegas are booked at Las Vegas City Jail.) The Clark County Detention Center is located in downtown Las Vegas at 330 South Casino Center Drive, and its main phone number is (702) 671-3900.

In an effort to prevent DUI-related accidents this Halloween weekend, seven Southern Nevada law enforcement agencies are strategically increasing their presence in various locales including U.S. 95 between Boulder Highway and Cheyenne, Interstate 15 from Sahara to St. Rose Pkwy, and the Strip. Participating troopers come from the Nevada Highway Patrol as well as police from Lincoln, Nye and Clark Counties. In addition to searching for drivers allegedly breaking Las Vegas DUI law, law enforcement will be on the lookout for drivers who are speeding, making illegal turns, and violating child safety rules.

Over the past three years, fatal accidents resulting from drivers breaking Las Vegas DUI law has dropped considerably. In 2009, such “Joining Forces” events between various law enforcement agencies have resulted in 1,134 DUI arrests, nearly 50,000 citations, and more than 15,000 warnings.

Continue reading "Nevada Cops Step Up DUI Patrol for Halloween" »

North Las Vegas police are seeking a thirty-two year old male on suspicion of breaking Nevada home invasion law and four peeping Tom incidents. According to authorities, he entered a residential backyard and then spied on women through windows. On two occasions, he allegedly also tried to break into the home by opening a sliding glass door.

Nevada home invasion law makes it a category B felony to forcibly enter a home without permission. It does not matter whether the incident takes place during daylight or not, or whether someone is in the home at the time of the invasion. Someone convicted for breaking Nevada home invasion law faces one to ten years imprisonment and maybe a $10,000 fine (and if the suspect has a deadly weapon, the sentence is raised from two to fifteen years).

Continue reading "North Las Vegas Cops Search for Peeping Tom" »

Nevada resident Dean Johnson recently started a company, called “Never Drive Drunk,” designed to prevent traffic accidents by providing transportation to intoxicated people. He said during an interview, “You give us a call, we give you and your car a ride home so you don't get a DUI." Last week, however, Johnson was arrested for just that—Nevada felony DUI.

One of the reasons Johnson started the company was his own past trouble with driving under the influence—if he’s convicted for this latest episode, it will be his fourth DUI in seven years, which means he’ll be charged with Nevada felony DUI. Representatives from MADD have branded Johnson a “hypocrite.”

Nevada felony DUI carries one to six-years in prison, fines of $2,000 to $5,000, and a three-year drivers license suspension. In addition, defendants are ordered to attend a victim impact panel and to install a breath interlock device in their car.

The Nevada Supreme Court just rejected the appeal of an Illinois citizen, who was given the maximum sentence for a Nevada felony DUI back in 2007. The defendant argued that Nevada was wrong to consider his previous Illinois DUI conviction when charging him because of the differences between the state laws. Had it not been for the Illinois case, he would’ve been charged with only a misdemeanor and not Nevada felony DUI.

In rejecting the appeal, the Nevada Supreme Court explained, “The record reveals that despite the disparity in the sentencing schemes, the Illinois statute [the defendant] was convicted under prohibits the same conduct prohibited [in Nevada].” In total, the defendant had nineteen prior felony convictions, including four that were related to driving under the influence.

A third drunk driving conviction within a seven-year period is charged as a Nevada felony DUI, carrying one to six years imprisonment and fines ranging from $2,000 to $5,000. Drivers licenses may be suspended for three years, and a breath interlock device may be installed in the defendant’s car.

The Office of Criminal Justice Assistance granted $350,000 to Carson City, Lyon County and Douglas County to create a regional initiative to prevent gang crimes in Nevada. Carson City Sheriff Kenny Furlong explained that having a three-county team will help control the growing gang issues plaguing the area: “The grant acknowledges that gangs do not recognize our county lines. They often live, function and create discord in many different areas at the same time . . .This characteristic requires intense multi-agency cooperation and communications.”

The grant is just another step in northern Nevada's crackdown on gang crimes in Nevada. In 2007, Carson City created two deputy jobs devoted to combating street level drugs. The following year, the team was expanded to four people. Carson City also received a grant of nearly $30,000 to create the Edward Byrne Justice Assistance Program. Part of this new grant will go to secondary school prevention classes and enabling the three counties to share information.

Gang crimes in Nevada can result in hefty penalties and devastating consequences for non-citizens, who may be deported for many gang-related activities.

On Wednesday, two men were booked into the Washoe County Jail for allegedly violating Nevada child pornography law. One man is listed as a Tier-2 sex offender, and police say he posed as a 13-year-old girl on MySpace in search of underage girls to befriend.

Nevada child pornography law makes a first offense of child porn possession (depicting children under sixteen) a category B felony, carrying one to six years imprisonment. A second offense is category A, punishable by a year to life (with the possibility of parole). Judges also have the discretion to order a fine of $5,000.

Nevada child pornography law metes out harsher punishment for advertising child pornography. A first offense is also a category B felony, but its sentence range is one to fifteen years and/or a $15,000 fine.

A nineteen year old was recently arrested for breaking Nevada DUI law after he allegedly drove his Honda Accord into the path of a Dodge Ram pickup, killing the driver instantly. The teen was charged with driving under the influence of alcohol with a death and a felony count of reckless driving with a death.

Nevada DUI law makes driving under the influence a misdemeanor as long as no one gets hurt. But a DUI with injury or death is a category B felony, with punishment ranging from two to twenty years in prison and fines ranging from $2,000 to $5,000.

Nevada DUI law also restricts prosecutors from plea-bargaining too much unless the evidence is ostensibly weak. But because the suspects presumably meant no harm, they will usually be segregated from more violent offenders in prison.

Nevada DUI laws make a third DUI in seven years a felony, carrying at least a year in prison. But since 2007, third-time offenders have had the choice to go to DUI Court instead, a rigorous rehab program. In Douglas County, half of the participants have been successful and had their felony DUI convictions reduced to gross misdemeanors.

The Nevada DUI Diversion program mandates three-to-five years of close supervision, six months of house arrest, electronic monitoring, drug and alcohol counseling, a Sobrietor breath tester hooked up to their home phones, searches and seizures which are unannounced, and biweekly court appearances. If a participant is found to be in violation of the terms, Nevada DUI laws require him/her to spend a month in jail, and a second offense removes the participant from the program completely and puts them in prison. And if a participant is convicted of a DUI after completing the program, it’s counted as a fourth drunk driving offense, with Nevada DUI Laws mandating two-to-fifteen years in prison.

Continue reading "Douglas County DUI Diversion Program a Success" »

A middle-aged Reno man has been arrested for breaking Nevada DUI law for the third time in seventeen days. His bail was raised to $25,000. Furthermore, the judge ordered that the bail be paid in cash in lieu of the customary practice of posting a ten percent bond.

Nevada DUI law prohibits operating a motor vehicle while drunk or high. Even if you're driving safely and seem sober, Nevada’s “per se” law makes it illegal to drive with a BAC (blood alcohol content) or BAL (breath alcohol level) of .08 or more.

Once you’re pulled over by a cop suspecting you of breaking Nevada DUI law, you may be asked to perform some “field sobriety tests,” including standing on one foot, walking in a straight line, and following a close, moving object with your eyes. Beware that Nevada’s “implied consent” law mandates you submit to a breath or blood test if the cop asks for it.

As the economy continues to flounder in Nevada, crimes against its casinos have gone up. This year, gaming board agents have arrested nearly four hundred people for crimes associated with gambling and casinos when last year, there were less than three hundred. Las Vegas criminal defense lawyer Michael Becker says, “If the numbers are true, then it’s very strange because law enforcement has been given increased funding to fight theft crimes.”

One example of a recent casino crime-related arrest concerned a man who allegedly took advantage of a Silverton slot machine glitch, which permitted him to multiply by ten the cash he inserted into it. But, as Las Vegas criminal defense lawyer Michael Becker explains, “A lot of these crimes are allegedly being committed by casino employees themselves.” Recently, Planet Hollywood supervisors were arrested for stealing another person’s winnings after falsifying payout forms, a Caesars Palace ticket writer was arrested for stolen chips, and a River Palms craps dealer allegedly pocketed chips as well.

Continue reading "Nevada Casino Crimes Up as Economy Goes Down" »

Today, the attorney for one of the Honolulu police officers arrested in August for breaking NRS 453.336 (Nevada simple marijuana possession law) pleaded not guilty on behalf of his client. The cop was also charged with resisting arrest, obstruction of justice, and possession of drug paraphernalia.

NRS 453.336 makes it a crime to possess any quantity of marijuana for personal use. If you’re convicted of possessing one ounce or less, the penalties are relatively lenient for a first and second offense, which are just misdemeanors. A third offense is a gross misdemeanor, and a fourth is a category E felony.

However, if you’re convicted of possessing more than one ounce of pot, NRS 453.336 makes a first offense a category E felony. However, if you’ve never been convicted of drug crimes before, a good lawyer can secure you a suspended sentence and probation.

A couple in Carson City was arrested last week after they allegedly locked a five-year old boy and a three-year old boy in a boarded-up bedroom for an extended period. The five-year old had black eyes and the three-year old had an infected wound on his face. The boys are now in protective custody.

The couple was charged with felony child abuse with substantial bodily harm, false imprisonment, and with breaking Nevada child neglect, abuse and endangerment laws (NRS 200.508). Child abuse occurs when a person causes someone under eighteen to endure unjustifiable physical or mental pain.

Continue reading "Carson City Couple Arrested for Child Abuse" »

Patricia Solis, who was charged with breaking Nevada felony DUI law last year, is still at large after bonding out. A bench warrant was issued early this year, though it is believed she may have returned to her home country of Nicaragua.

On November 8th, 2008, Solis allegedly crashed her truck into Rosalyn Gilson’s car while under the influence of drugs. Gilson died instantly. Later tests showed Solis to be high, and a search of her car uncovered bottles of morphine and hydrocodine.

Nevada Felony DUI law covers automobile accidents where a driver under the influence of drugs or alcohol causes death or substantial bodily injury to someone else. The penalties for breaking Nevada felony DUI law include two to twenty years in prison and a fine of $2,000 to $5,000.

On Saturday, Joshua Salayich was booked into the Henderson jail for breaking Las Vegas DUI law by allegedly driving drunk and hitting Utah resident Jeremy Kunz, who was running a relay race at the time. Kunz passed away at the scene.

Las Vegas DUI law makes drunk driving an automatic felony if it causes death in another person. It carries two to twenty years in prison and a fine from $2,000 to $5,000.

When no death or substantial bodily harm occurs during a drunk driving incident, Las Vegas DUI law classifies the offense as just a misdemeanor with a maximum six-month jail sentence. But a third or subsequent DUI offense within a seven-year time span is chargeable as a felony, carrying one to six years in prison.

Hollis Sallahudin, a corrections officer at North Las Vegas Detention Center, was arrested for allegedly trying to help an inmate escape from the jail. She’s been placed on paid administrative leave and was charged with aiding a prisoner to escape and forgery by tampering with computerized data.

Aiding a prisoner to escape (NRS 212.100) with the use of a deadly weapon is a category B felony in Nevada, carrying one to six years in prison and maybe a $5,000 fine. Where no deadly weapon is used, as seems to be the case in Sallahudin’s case, it’s a gross misdemeanor, carrying up to a year in jail and maybe a $2,000 fine.

North Las Vegas Detention Center is a large jail with nearly 1,000 beds. In addition to holding inmates arrested for misdemeanors in North Las Vegas, the North Las Vegas Detention Center also houses inmates from the Federal Bureau of Prisons, the Immigration and Naturalization Service, United States Marshal Service, and overflow from the Clark County Detention Center.

On Monday, former Houston Astros pitcher Shawn Chacon was arrested for breaking Las Vegas casino marker law—he allegedly racked up $150,000 worth of unpaid casino markers at Caesar’s Palace in March. He was originally apprehended in a Colorado Bowling Alley and booked at the Weld County Jail. His bail was set at $165,000.

Las Vegas casino marker law treats unpaid casino markers like bad checks. Any unpaid casino marker of $250 or more is chargeable as a category D felony, carrying one to four years imprisonment and a $5,000 fine, plus the amount of the unpaid markers.

If the marker is for under $250, Las Vegas casino marker law treats it as just a misdemeanor, carrying up to six months in jail and a $1,000 fine (plus the amount of the marker). However, if someone’s been convicted of three such misdemeanors, a fourth conviction is automatically a felony.

Two weeks ago the Nye County Sheriff’s Office unearthed a possible forgery ring in Pahrump, resulting in sixteen arrests. More than a dozen other people are wanted for questioning.

The alleged mastermind of the ring, Lamont Harris, has been charged with 170 criminal counts. Thirty-four are for breaking forgery law in Las Vegas. Other charges include obtaining money under false pretense, burglary, and conspiracy to commit a crime. He’s in custody on $850,000 bail.

Harris allegedly broke forgery law in Las Vegas by defrauding payday loan companies. He supposedly forged social security disability income award letters and instructed other participants in the ring to get loans against the letters.

Forgery Law in Las Vegas prohibits faking or altering a document, signature, etc., for the illegal benefit of the person making the forgery. Most forgery laws in Nevada are punishable as a category D felony, carrying one to four years in prison and maybe a $5,000 fine, plus restitution.

Starting this month, Nevada DUI law requires everyone convicted of a DUI to attend a live victim impact panel. This is prompting more rural areas of Nevada, which have formerly relied on DVD recordings of panels, to search for DUI victims and families of DUI victims willing to share their stories.

Currently, live victim impact panels exist in and around Clark County, Reno and Carson City. But many people convicted of DUIs also lose their licenses and cannot afford transportation to these cities. In response to Nevada DUI law, Incline Village, Nevada, is now in the process of forming the Tahoe DUI Education Program to establish live victim impact panels.

In order to become a panel member in the Tahoe program, you or someone close to you had to have been injured in a DUI. In addition, you have to want to help people not to become repeat offenders. Panels will include two or three people and will meet three or four times a year, as early as this January.

Continue reading "Incline Village, NV, Looking to Form DUI Live Victim Impact Panel" »

Eric Alpert, a former real estate agent, was arrested by North Las Vegas Police for renting homes he didn’t own. He was charged with committing theft, obtaining money under false pretenses, forgery, as well as Las Vegas burglary law. After posting bond on $190,000 bail, he was released on Friday.

Alpert allegedly found abandoned or foreclosed properties, cleaned them, changed the locks, and rented them to people who had no knowledge of the false ownership. In all, he misused about twenty homes in Las Vegas. Records show that he filed actions to quiet title on properties, and if the owner never contested, he received the title.

Las Vegas Burglary Law (NRS 205.060) is the entry into any building or car with the intent to commit a theft crime, assault, battery, or any felony. You don’t have to forcibly enter the building or car to break Las Vegas Burglary law—you can enter through an unlocked or open door or window. However, “breaking and entering” allows the jury to infer that you had “burglarious intent.” (NRS 205.065).

Former Boulder City Councilwoman Karla Burton, who agreed to enter the Moderate Offender Program after pleading guilty to driving under the influence back in February 2007, failed a Breathalyzer test during her first appearance in the program. Las Vegas DUI laws prohibit a blood alcohol level (BAC) of .08 or more, and Burton’s test showed a level of .115.

Since the terms of the plea deal prohibited Burton from drinking, Judge Oesterle sentenced her to twenty-five days in jail for contempt of court. But later in the day, Burton’s lawyers successfully persuaded the judge to give her one more chance, and she was released on house arrest.

During Burton’s house arrest, Las Vegas DUI laws require her to wear a GPS anklet and a SCRAM anklet, which monitors alcohol usage. A breath interlock device has also been attached to her car. If Burton doesn’t meet the rest of the requirements for her plea deal, she faces the twenty-five day sentence plus a six-month suspended sentence.

Continue reading "Former Boulder City Councilwoman Fails Breathalyzer Test" »

A new Clark County ad campaign plays on recession fears to motivate drivers into following Las Vegas DUI laws. The Safe Community Partnership, which spearheaded the ad, hopes to make people realize that it’s cheaper to call a cab or have a designated driver than to pay the consequences for a DUI. The ad, which parodies Mastercard commercials, will read: "A beer: $2.50. A margarita: $4.50. A DUI: $13,000. A designated driver: Priceless."

The $13,000 figure is an estimate of what each DUI arrest costs the community as well as the suspect: Las Vegas DUI laws require alleged offenders to pay hefty fines, attend a victim impact panel, and maybe stay in jail for an extended period. And the $13,000 doesn’t even take into account damage to property or bodily injury.

The ad will appear at sixty bus stops around Clark County and in several bars.

Continue reading "Las Vegas Anti-DUI Ad ShowsThat Drunk-Driving is Expensive" »

Twenty-year-old Jonathan Weaver was charged in June with child abuse, child endangerment, kidnapping, and attempted murder in Nevada for allegedly tying up his girlfriend's children so he could go to a bar to watch a basketball game. Yesterday he pleaded not guilty in Clark County District Court.

In June, Weaver's neighbor called the cops after hearing children crying in a garage. Las Vegas Metro found two infant boys tied in their car seats. They were also hooded and had been there for two hours. The police claim Weaver was angry he had to babysit the kids and tied them up so he could go watch the NBA Finals Match-up at a bar.

Attempted murder in Nevada may carry the death penalty unless mitigating factors outweigh the aggravating factors.

Over Labor Day weekend, Henderson police arrested Metro Officer Lourdes Smith after she allegedly committed the misdemeanors of property damage and imitation firearm in Nevada against her neighbors, the Trice family. The Trices reportedly have security camera footage of her aiming a pellet rifle towards the Trices’ home. When the Henderson police were called on this incident, Officer Smith allegedly became angry and made a “taunting hand gesture.”

The Trices claim Officer Smith had been harassing their family for years. The mother, Victoria, says, "There's been death threats that she's going to shoot me until I stop moving. There's been threats to do harm to my house, don't swim in your pool, watch your children. They will believe me before they believe you. You're just a citizen. I'm a Metro officer." According to police records, Henderson cops have tried on five different occasions to serve Officer Smith with a TPO.

Officer Smith will soon be arraigned for property damage and imitation firearm in Nevada. Las Vegas Metro is also conducting an internal investigation.

The Office of Criminal Justice Assistance granted $350,000 to Carson City, Lyon County and Douglas County to create a regional gang initiative. Carson City Sheriff Kenny Furlong explained that having a three-county team will help control the growing gang issues plaguing the area: “The grant acknowledges that gangs do not recognize our county lines. They often live, function and create discord in many different areas at the same time . . . This characteristic requires intense multi-agency cooperation and communications.”

The grant is just another step in northern Nevada's crackdown on gang crimes in Nevada. In 2007, Carson City created two deputy jobs devoted to combating street level drugs. The following year, the team was expanded to four people. Carson City also received a grant of nearly $30,000 to create the Edward Byrne Justice Assistance Program. Part of this new grant will go to secondary school prevention classes and enabling the three counties to share information.

Gang crimes in Nevada can result in hefty penalties and devastating consequences for non-citizens, who may be deported for many gang-related activities.

The Marijuana Policy Project of Nevada, whose mission is to reform the harsh marijuana laws in Nevada, announced today that they will give $10,000 to any state resident who can demonstrate that alcohol is safer than marijuana. Specifically, contestants have to disprove the following three statements using peer-reviewed papers and government studies as proof:

1. Alcohol is significantly more toxic than marijuana, making death by overdose far more likely with alcohol.


2. The health effects from long-term alcohol consumption cause tens of thousands of more deaths in the U.S. annually than the health effects from the long-term consumption of marijuana.


3. Violent crime committed by individuals intoxicated by alcohol is far more prevalent in the U.S. than violent crime committed by individuals intoxicated by marijuana only.

Continue reading "Marijuana Policy Project to Give $10,000 to Anyone Who Proves Alcohol is Safer than Marijuana" »

On Sunday authorities rescued about three hundred roosters in Las Vegas near Lamb and Lake Mead as part of a major cockfighting bust. Las Vegas Metro believes that the roosters were being bred and trained for fighting. Unfortunately, as Las Vegas criminal defense attorney Michael Becker predicts, the birds will probably be put down because they’re so aggressive.

Director of Lied Animal Shelter Operations Jason Smith explains how cock-fighting is often linked to other crimes as well: "We get a blood-sport like that... there's money changing hands, you're almost guaranteed to have armed robbers, rapists, murderers, felons, drug dealers. That's the entertainment they like to view on a Friday or Saturday night."

A first offense for organizing cock-fighting is a gross misdemeanor, punishable by a year in jail. Las Vegas criminal defense attorney Michael Becker points out, though, that organizing dog-fighting is an automatic felony, carrying up to four years in prison. A first offense for merely witnessing animal-fighting is just a misdemeanor, punishable by six months in jail. (NRS 574.070)

Children’s Health Magazine just ranked Las Vegas as one of the worst cities to raise a family in, partly due to crime statistics from the FBI Uniform Crime Reports. Although the city was average with regard to violent crimes per capita, it ranked very high in sex offenders per capita and missing children per capita. But as Las Vegas criminal defense attorney Michael Becker explains, “Las Vegas’s low ranking had more to do with bad schools than with violence.”

Indeed, the study looked at several categories in addition to crime to determine all the cities’ rank, such as health, housing, economics, cultural attractions, and education. Las Vegas has a poor graduation rate, a low number of advanced degrees per capita, a low amount of state money being put towards each student, and a high ratio between teachers and pupils.

This study looked at one hundred cities. Burlington, Vermont, ranked number one as the best city to raise a child. Detroit, Michigan took the one hundred spot, meaning it was the worst of all the cities studied to raise a child. Las Vegas took the ninety-second spot. But Las Vegas criminal defense attorney Michael Becker points out, “These numbers are very subjective.”

Yesterday, Mauricio Melendez was sentenced to life in prison following his July conviction of first-degree murder in Nevada. In August, 2008, police were called to his apartment, where they found his wife dead with a bullet in her head. Melendez claimed they were drunk and was showing her how to use his gun, but one of his co-workers told police that Melendez wanted to kill his wife.

Melendez is eligible for parole after twenty years for the conviction of first-degree murder in Nevada. However, he was also sentenced to an additional twenty years with parole after eight for using a deadly weapon. Since he was given credit for the year he's already spent in prison, he's eligible for parole in twenty-seven years.

Murder in Nevada may carry the death penalty, but only if there's an aggravating circumstance that's not outweighed by any mitigating circumstances.

Alica Wegner, who pled to second-degree murder in Nevada for the 1997 death of an infant, was sentenced in the Regional Justice Center yesterday to 10 years to life. The baby, Kierra Harrison, had died of massive had trauma a couple days after having been in Wegner's care.

Originally, Wegner was convicted of first degree murder in 1998, but her conviction was overturned in 2000 due to bad jury instructions. This past July, Wegner entered an Alford plea to second-degree murder in Nevada--admitting that there was sufficient evidence to convict her without actually conceding to any wrongdoing.

Since Wegner served three years in prison prior to the conviction being overturned, she was given three years credit for time served, making her eligible for parole in seven years.

Las Vegas recently landed the number 4 spot on the Forbes list of most dangerous cities. Some of the factors contributing to this ranking are the burst of the housing bubble, which led to rising foreclosures and unemployment. These, in turn, draw criminals who “squat” in foreclosed homes or who burgle the houses bare.

In calculating the “most dangerous cities” list, Forbes used the FBI’s 2008 uniform crime report and cited rising foreclosures as one of the reasons for the high crime statistics. Forbes calls Las Vegas “even emptier than Detroit.”

Burglary in Nevada includes the entry into any home with the intent to commit larceny, assault, battery, any felony, or to obtain money or property by false pretenses. Burglary in Nevada is a Category B felony, carrying one to ten years in state prison and a $10,000 fine.

Source report: http://www.forbes.com/2009/04/23/most-dangerous-cities-lifestyle-real-estate-dangerous-american-cities.html

The Jaycee Lee Dugard kidnapping case has prompted parole officers in Nevada to search the backyards of the sex offenders under their supervision. In addition, they’re also checking satellite images of their residences on Google Earth. In an effort to crack down on sex crimes in Nevada, Governor Jim Gibbons said he wants to make sure "that our officers are checking things they may have bypassed in the past."

According to a legislative audit released last year, the Nevada Division of Parole and Probation (http://dps.nv.gov/npp/index.shtml) isn’t always meeting their standards: Thirty-one percent of the time, parole officers neglected to meet their twice-monthly requirement to visit sex offenders. And nearly fifty percent of the time, parole officers didn’t take the required DNA samples from the sex offenders. Since, then, however, these problems have reportedly been addressed.

Continue reading "Dugard Case Prompts NV Parole Officers to Check Sex Offenders' Backyards" »

Last Wednesday a Clark County jury sentenced convicted murderer Thomas Richardson to death for the 2005 killing of 91-year-old Estelle Feldman and her grandson, Steven Folker. Richardson was convicted of robbing them as well, netting $400. The killing was carried out with a claw hammer.

The most damning testimony in the trial came from Richardson’s girlfriend’s son, Robert Denhart, who allegedly helped him with the murders. In exchange for the testimony and his guilty plea to first-degree murder in Las Vegas, Denhart will probably receive a prison sentence of twenty-four to eighty years.

First-degree murder in Las Vegas is one of the few Nevada crimes that potentially carries the death penalty. The appeals process may take ten years or more.

Last week, a jury found Porfirio Duarte-Herrera and Omar Rueda-Denvers guilty of murder and attempted murder in Las Vegas for a 2007 case where they allegedly conspired to kill Luxor employee Willebaldo Dorantes Antonio. Today, the two undocumented aliens were sentenced to life in prison without the possibility of parole.

In the case, Duarte-Herrera allegedly left a tiny bomb in a coffee cup on top of Antonio’s car while Antonio was working at the casino’s Nathan’s Hot Dog stand. The bomb detonated when the twenty-four-year-old went to his car after his shift ended. He perished in front of his girlfriend, who used to date Rueda-Denvers.

Attempted murder in Las Vegas can potentially carry the death penalty. But if mitigating factors are found to outweigh the aggravating factors, the death penalty cannot be imposed.

July’s arrest of African-American Harvard professor Henry Louis Gates, Jr., by a Caucasian police officer reinvigorated the debate about whether racial bias influences police behavior. Two weeks ago, several police departments in Nevada held a candid panel discussion at Las Vegas City Hall on the issue.

Although officers conceded that some police harbored a bias, they assured the audience they’re doing everything to counteract it. Furthermore, some drug crime in Nevada statistics that appear to be the result of racial profiling are completely innocent: The fact that more minorities than Caucasians are incarcerated for crack cocaine is simply because it’s a drug crime in Nevada more frequently committed by minorities. (Caucasians, on the other hand, more frequently commit possession of powder cocaine, which carries less severe penalties.)

Other discussions and workshops on the controversy of racial profiling by police officers are being organized by the NAACP. The next one will be sometime in November.

Yesterday was the first day of classes for seventy-one schools in the Reno-Sparks-Carson City area, and traffic cops were out in full-force to ensure the 15 mph limit in school zones was being followed. All in all, officers handed out more than a dozen traffic citations in Nevada and made one arrest for DUI.

Sparks Lt. Chad Hawkins summed up yesterday’s efforts: “It went pretty well overall. Some people were caught off-guard. It was a reminder that we’re enforcing school zones.” Sgt. Harry Dixon explained that they handed out several warnings as well as tickets: “We try to issue as many warnings as we can as a reminder. If they’re doing 5 or 6 mph over the limit, we may just stop them and say, ‘Hey, see that flashing yellow light? It’s there for a reason.’”

Traffic citations in Nevada can usually be negotiated down to non-moving violations as long as you pay a fee and maybe complete a traffic safety school program. Ignoring traffic citations may result in a bench warrant for your arrest.

For the next two weeks, the Mesquite Police Department is working with various other police agencies in the state as part of Nevada’s “Joining Forces” program to help combat DUI in Nevada. Their new mantra is “Over the limit, under arrest.”

For the “Joining Forces” program, Mesquite cops are teaming up with law enforcement officers from around the state to patrol the streets for drunk or drugged drivers. Sergeant Rob Stepp explained, “We want people to arrive safely at their final destination.”

A first offense for a DUI in Nevada is a misdemeanor, and jail time can usually be suspended. Subsequent DUIs, however, carry harsher penalties and larger fines. The Office of Traffic Safety, Nevada Department of Public Safety is funding the Joining Forces traffic enforcement campaign.

Source report:http://www.mesquitenv.com/department/Police

Last week the Nevada Supreme Court rejected the appeal by convicted murderer Gregory Everett because he waited sixteen years to file a motion to withdraw his guilty plea of first-degree murder in Nevada. In a 3-0 decision, the Court explained, "Appellant failed to provide any explanation for the delay."

On July 12, 1980, Everett and three other men allegedly entered a Las Vegas apartment with the intent to steal. When the resident David Kinnamon walked in on them, one of the other men shot him to death.

In 1981 Everett pled guilty to first-degree murder in Nevada and was originally sentenced to death, but the Nevada State Board of Pardons reduced it to life in prison without parole. Now forty-eight years old, he’s currently in Ely State Prison.

According to statistics just released by the National Insurance Crime Bureau, the majority of vehicles stolen in Nevada are at least ten years old. Of the top ten cars most frequently stolen, seven of them were made in the 1990’s, with the 1992 Honda Accord taking the first place spot.

Bob Feldman of the Nevada Insurance Council explained, “People tend to think that brand-new high-priced vehicles are the most likely to be stolen, but the data just doesn’t support that. Car thieves target the older cars that can be broken down and sold for parts instead.”

Meanwhile, Las Vegas has dropped from first place among U.S. cities for highest auto theft rights down to seventh place between 2006 and 2008: Per capita, now there are 732 auto thefts per 100,000 residents as opposed to 1,256 thefts three years ago. Authorities credit the police department’s Vehicle Investigations Project for Enforcement and Recovery (VIPER) program.

Continue reading "Revealing Statistics of Stolen Vehicles in Nevada" »

Although drunk driving has decreased by seventy percent over the last thirty years in the U.S., national drug czar Gil Kerlikowske warned Las Vegas law enforcement on Wednesday that drugged driving in Las Vegas is on the rise. The drugs include prescription and over-the-counter medications in addition to illegal narcotics, though the majority of drugged drivers are under the influence of marijuana.

New statistics from the National Highway Traffic Safety Administration suggest that one in six drivers is under the influence of drugs. Just this past week, Las Vegas Metro arrested one hundred and nineteen drivers for DUI. Last year, Steven Murray, who killed a woman in Boulder City after driving into her while being under the influence of prescription drugs, was the first person to be found guilty under Nevada’s felony DUI manslaughter law.

Continue reading ""Drugged Driving" Cases on the Rise in Nevada" »

You need to have a concealed firearms permit for the privilege of carrying concealed firearms in Nevada. Recently, there’s been a significant increase in Nevadans signing up for concealed weapons classes. It’s thought that this increase stems from people’s anticipation of more stringent gun control laws under the Obama administration.

In Washoe County, the number of people applying for concealed firearms permits per month doubled and sometimes tripled since November's presidential election. Currently, the sheriff’s office is receiving about 200 applications a month. Middle-aged men constitute the bulk of registrants, though more senior citizens have been applying for permits recently.

If you're caught carrying concealed firearms in Nevada and you don't have a permit, you face charges of a category C felony, which carries up to five years in prison and a $10,000 fine.

Last month in Chavez v. State, the Nevada Supreme Court clarified its position on the 2004 U.S. Supreme Court case Crawford v. Washington, which held that the Sixth Amendment confrontation clause bars “admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination.”

In Chavez, the defendant Chavez was charged with sexual assault on a minor in Nevada for allegedly having sexual relations with his daughter, D.C. D.C. had testified at the preliminary hearing, during which Chavez subjected her to extensive cross-examination. However, D.C. passed away before she could appear at Chavez’s actual trial, so the judge, in accordance with Crawford, allowed D.C.’s preliminary hearing testimony to come in as evidence.

After Chavez was convicted of sexual assault on a minor in Nevada, he appealed to the Nevada Supreme Court on several grounds, including the Sixth Amendment. In affirming the verdict, the Nevada Supreme Court explained that preliminary hearing testimony can “afford a defendant an opportunity for effective cross-examination.” However, whether the preliminary hearing actually does provide that opportunity is something the Court will determine on a case-by-case basis. In Chavez, the breadth of D.C.’s testimony and Chavez’s cross-examination and the fact discovery was nearly complete by the preliminary hearing rendered her testimony admissible in line with Crawford and the Confrontation Clause.

In 2006, Durand Berry was convicted for open and gross lewdness in Las Vegas after allegedly holding up a Cash Loans store and suggestively touching the cashier. In Berry v. State (125 Nev. Adv. Op. No. 26), he appealed to the Nevada Supreme Court on the grounds that NRS 201.210, open and gross lewdness in Nevada, was unconstitutionally vague because the words “gross” and “lewdness” aren’t defined in Nevada law. In rejecting his argument last month, the Court explained that those words have generally accepted meanings because “an average person of ordinary intelligence can determine what conduct is proscribed by the statute.”

Open and gross lewdness in Las Vegas encompasses such acts as engaging in sexual activity in public or exposing one’s private parts. A first offense is a gross misdemeanor carrying one year in jail, and a second offense is a category D felony, mandating up to 4 years in state prison.

Law enforcement needs to obtain warrants prior to executing searches except in certain extraordinary situations, including emergencies. Recently, the Nevada Supreme Court adopted a new test to determine whether a warrantless search of a private residence is permissible.

Formerly, warrantless home entry by law enforcement was constitutional as long as two standards were met:

• the cops reasonably believed that emergency assistance was needed, and


• there was no intent to either search or arrest at the time of entry

Continue reading "NV Supreme Court Defines New Standard for Warrantless Entries" »

Even though it’s illegal to give cell phones to inmates, a significant number of Nevada prisoners still manage to procure and use cell phones. To help combat this issue, Nevada prison chief Howard Skolnik advocates using signal-jamming technology in prisons. Skolnik explained, "We don't always know what's inside our institutions, so the best way for us is, if these unauthorized cell phones get in, to make sure they aren't functional.”

Skolnik recounts how Kenneth “Jody” Thompson, who had been doing time at the Northern Nevada Correctional Center for grand larceny and robbery in Nevada, used a smuggled cell phone to orchestrate his escape in August 2005. Thompson then proceeded to commit robbery in Nevada several more times before being recaptured.

All non-governmental radio communications is subject to Federal Communications Commission (FCC) rules. Currently, FCC permits only federal agencies to jam cell phone signals, which excludes state prison systems.

Last week Las Vegas businessman Jean Marc El Jwaidi was arrested and answered to charges at the Regional Justice Center on six counts of elder exploitation. According to investigators, El Jwaidi promised senior citizen Richard Sage they’d act as equal partners in a commercial real estate investment that never materialized. Sage reported losing $400,000.

Meanwhile, many other investors have filed lawsuits against El Jwaidi in what is being heralded as a massive worldwide real estate scam. However, one of El Jwaidi’s companies recently filed for Chapter 11 bankruptcy reorganization, which could make it trickier for creditors to reclaim assets.

Back in June, investigators searched El Jwaidi’s office, which in part paved the way for Wednesday’s arrest. According to the Nevada Secretary of State’s office, "Evidence seized there and information that poured in from the public will likely lead to additional charges, including securities fraud, obtaining money under false pretenses and racketeering.”

The preliminary hearing is set for August thirteenth at the Regional Justice Center.

Las Vegas Metro reports that the crime index total has dropped more than twenty-five percent from last year. This takes into account crimes such as thefts, robberies, burglaries, and aggravated assaults in Las Vegas. Unfortunately, though, sexual assault in Las Vegas has risen slightly.

For the overall positive report card, Metro credits community involvement and “good old-fashioned police work.” Metro is hopeful that the numbers for sexual assault in Las Vegas will follow suit and decrease soon. As Deputy Chief Gary Schofield explained, "One victim of a rape is one too many. One victim of a homicide is one too many. But we have made significant strides to make this a safer place to live.”

If you live in or around Las Vegas, you can search for crimes that have recently been confirmed in your neighborhood at Las Vegas Metro’s CrimeView website.

Back in May, Governor Jim Gibbons signed into law Assembly Bill 164, which significantly increases punishment for domestic violence battery in Las Vegas that involves strangulation. Prior to this law, a first offense for battery DV with strangulation was just a misdemeanor with a maximum six months in jail, but it’s now a felony, carrying up to ten years in state prison and a $15,000 fine.

Since AB 164 took effect on July 1 of this year, Las Vegas Metro has arrested nearly a person a day for battery domestic violence in Las Vegas with strangulation. According to some reports, it’s ten times more probable that a person will kill his partner if he’s already attempted to strangle the partner in the past.

Las Vegas typically has 20,000 DV cases a year, and a third of all homicides stem from domestic violence. Las Vegas Metro reports that more than sixty percent of attempted murders were accomplished by strangulation. Furthermore, fifteen percent of all DV homicides within Metro’s jurisdiction were done by strangulation between partners.

At this time, only ten or so other states have laws related specifically to strangulation.

Eugene Nunnery, a twenty-nine year old who was convicted of first-degree murder, among other charges, for the 2006 killing of a drug dealer who swindled him, will not be put to death.

A jury at Clark County District Court had been deliberating for ten hours over whether Nunnery should be sentenced to the death penalty, life in prison without parole, life in prison with the possibility of parole, or a forty-to-one-hundred-year prison sentence. Yesterday, the jury revealed they were deadlocked.

District Judge Elissa Cadish at Clark County District Court announced that she will impose a life sentence without the possibility of parole on Nunnery tomorrow.

On Saturday, Las Vegas Metro and the Nevada Highway Patrol set up a sobriety checkpoint at Sahara Avenue and Valley View Boulevard between seven p.m. and three a.m. Over the course of these eight hours, police checked more than 4,700 vehicles and arrested eleven motorists for charges of DUI of alcohol or drugs.

If you’re pulled over by a cop checking for DUIs, you may be asked to perform field sobriety tests, and you’re required to submit to a breath or blood test. You’re automatically considered to be driving under the influence in Nevada if your blood alcohol content or breath alcohol level is .08 or above.

The penalties for a first conviction of driving under the influence in Nevada are just a misdemeanor, carrying two days to six months in jail or community service. In addition, you may be fined up to $1,000 and ordered to attend DUI School and a victim impact panel. Your license may be suspended as well. Subsequent convictions carry harsher punishments.

This weekend’s sobriety checkpoint in Las Vegas was coordinated by the National Highway Traffic Safety Administration and received part of its funding by a Nevada Department of Public Safety traffic safety grant.

O.J. Simpson, who’s currently serving out his prison sentence for kidnapping, robbery and assault, has recently asked the Nevada Supreme Court to grant him release on bail while he seeks an appeal. On August 3rd, a three-justice panel in Las Vegas will preside over a bail hearing to hear Simpson’s arguments.

A bail hearing is where the defendant goes before the court to ask for an O.R. release (own recognizance) or a reduction in their bail amount. In determining whether to grant release, the judges then consider whether the defendant either:

1. poses a flight risk, and/or


2. presents a danger to the community or himself.

Predictably, defendants are more likely to be granted Las Vegas bail release if they have no history of violent behavior, no other criminal record, and sturdy community ties in Nevada. (Las Vegas bail rules usually permit for the bail money to be ultimately returned to the defendant, even after a guilty verdict.)

Continue reading "O.J. Simpson Requests Nevada Bail Hearing Pending Appeal" »

A few weeks ago, our Las Vegas criminal defense lawyers told you about Nevada Senate Bill 262. This bill would have greatly increased penalties for the cultivation of marijuana, even if the suspect was enrolled in the Nevada Medical Marijuana Program. Fortunately, the bill just recently died in the Assembly Judiciary Committee.

The Nevada Medical Marijuana Program allows sick Nevada citizens to apply to the Nevada State Health Division for a license to grow and possess marijuana for medicinal purposes. Upon acceptance into the program, members may maintain up to seven marijuana plants, three of which can be blooming.

Had Nevada Senate Bill 262 passed, members who broke this seven-plant rule could then be charged with intent to sell marijuana, which carries up to fifteen years imprisonment. Since it didn’t pass, cardholding medical marijuana users who grow more than seven plants now face only possession charges, which carry a maximum of four years imprisonment.

A few weeks ago, Nevada Governor Jim Gibbons signed into law Nevada Senate Bill 14, which helps fund domestic violence programs by adding a $5 fee to state marriage licenses and official copies of marriage certificates. That means in Clark County, marriage licenses now cost $60.

Battery, which includes deliberate acts such as punching, pushing or poisoning, is considered “domestic violence” when it occurs between two people related by blood, marriage or guardianship (as well as roommates).

A first or second conviction for battery domestic violence in Nevada is a misdemeanor, carrying up to 6 months in jail, a $1,000 fine and weekly DV counseling sessions. A third conviction of battery domestic violence in Nevada is a felony, carrying up to five years imprisonment and a $10,000 fine.

It’s predicted that Nevada Senate Bill 14 will generate over a million and a half dollars a year for programs aimed at reducing domestic violence in Nevada.

In Nevada, the crime of trespass doesn’t necessarily have to do with sneaking onto someone else’s property or defying “No Trespassing” signs. According to NRS 207.200, you may commit trespass in Nevada simply by staying on another person’s property after being asked to leave. The following scenario occurs in Las Vegas trespass cases all the time, and many of them involve casinos:

If you’re in a casino and are being too noisy, a security officer may appear and ask you to leave. Unfortunately, the officer may be very rude about it, and, in an attempt to defend yourself, an altercation quickly ensues. Since you technically stayed on the premises after you were ordered to go, the guard may call the police and have you arrested for trespass in Nevada.

Luckily, NRS 207.200 is only a misdemeanor crime, and jail is rare for a first offense. However, since trespass looks bad on your criminal record, it’s worth hiring an experienced criminal defense attorney to attempt to get the case dismissed.

Las Vegas, Nevada, has the second largest number of child prostitutes in the country (Atlanta, Georgia ranks first). In an effort to curb this growing problem, Governor Jim Gibbons signed Nevada Assembly Bill 380 just this morning, which makes Nevada’s prostitution laws regarding under-aged sex workers the harshest in the U.S.

Contrary to Sin City’s reputation, prostitution in Las Vegas, Nevada is actually illegal. ("Nevada does permit prostitution in twelve rural counties," explains Las Vegas prostitution defense lawyer Michael Becker, "but it must take place only in licensed brothels that follow strict health and safety regulations.") The new bill doesn’t affect the current penalties for prostitution and solicitation, which are just misdemeanors (NRS 201.354). But, starting October 1, 2009, Nevada will increase punishments for pandering (commonly referred to as “pimping”) as well as trafficking:

Prior to AB 380, the crime of pandering or trafficking a child under 18 years old carried a maximum of twenty years in prison and a $20,000 fine. Now, if the child is between ages 14 and 18, the fine is raised to $100,000. And if the child is under 14, the fine is now $500,000. In addition, the suspect’s assets may be frozen and forfeited without a hearing. By increasing the monetary penalties of child trafficking and pandering for prostitution, Nevada hopes to deter the practice altogether.

In Nevada, it is a felony to knowingly possess marijuana with the intent to sell (NRS 453.337). If a suspect is found with cash, a weapon, pay/owe sheets, marijuana separated out into pre-measured baggies, and in an area where drug deals typically take place, a lawyer may have a challenging time trying to convince the judge that the suspect had no intention of selling the marijuana. However, as Las Vegas criminal defense attorney Michael Becker explains, "A conviction for marijuana possession for the purpose of sale in Nevada may be avoided completely if the lawyer can show that the police’s methods for discovering the marijuana and other items were unconstitutional."

The Fourth Amendment of the Constitution demands that searches and seizures be reasonable and supported by probable cause. So, for example, if a cop finds a suspect to be carrying marijuana and pay/owe sheets during a traffic stop, a good criminal defense attorney would probe whether this traffic stop and the subsequent search were legal. If the cop pulled the suspect over for speeding and then saw marijuana in the passenger seat, the cop might have probable cause to search the car. On the other hand, if the attorney can determine that the cop pulled over the suspect because of his race or for no good reason at all, then the stop and the subsequent search would be illegal.

Once the attorney determines that the search may have been illegal, the attorney then may move to suppress the evidence, which includes the marijuana and anything else the cop may have found during the illegal search. And if the Clark County court grants this motion, the charge for possession of marijuana for the purpose of sale will likely be dismissed since no evidence will remain to prove possession or intent.

The legal definition of marijuana in Nevada comprises hemp because it’s technically a cannabis plant. Therefore, Nevada laws on marijuana prohibit the cultivation, manufacture and sale of raw hemp in the state. This is despite the fact that more hemp products are exported to the United States than to any other country, and the United States itself used to be a leading producer of hemp, second only to cotton in some markets.

Although Las Vegas’s definition of marijuana includes hemp, hemp is very different than marijuana. Many experts agree that smoking hemp does not produce a high, which is because hemp contains far less THC than marijuana. Hemp plants can be easily distinguished from marijuana, the former growing much taller. And unlike marijuana, hemp has hundreds of practical purposes, as it can be used to make everything from paper, clothes, oil, food and medicines.

At this time, some states have challenged federal law by legalizing the cultivation of hemp (these states are North Dakota, Hawaii, Kentucky, Maine, Maryland, Montana and West Virginia). However, resistance from the Drug Enforcement Administration has thus far thwarted their efforts to begin producing. For more information on hemp in Nevada as well as the movement to remove hemp from Nevada’s legal definition of marijuana, contact the Nevada Office of the Hemp and Cannabis Foundation.