Las Vegas Criminal Defense Blog

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.

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

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

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

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

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

Read more about this story at http://www.rgj.com/article/20100216/OPED04/2160317/1003/CARSON/Michael-Poehlman-Police-citizen-partnership-is-cutting-crime-in-Reno

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

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 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.

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.

In December, fifty-six year old Roger Lee Williams was discovered dead in his Las Vegas City Jail cell. His cause of death was unknown, but the Clark County Coroner’s Office then determined that he perished from natural causes. Specifically, he suffered from a dilated cardiomypathy.

Williams was arrested for allegedly soliciting a pedestrian on a roadway before being taken to Las Vegas City Jail on the first of December. Soliciting prostitution in Las Vegas is offering, or agreeing to accept an offer of, sexual favors for money. Soliciting is still considered criminal even if the sex never takes place.

Anyone arrested for soliciting prostitution within the municipal city bounds of Las Vegas will be taken to Las Vegas City Jail. Solicitation is punished the same as prostitution—they’re both misdemeanors, carrying up to six months in jail and/or up to a $1,000 fine. Defendants may also be ordered to attend “John School.”

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" »

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.

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.

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" »

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" »

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, the University Medical Center and Clark County Fire Department recreated a mock DUI crash in front of an audience of one hundred high school students from Legacy and Bonanza high schools. They even demonstrated using the “Jaws of Life” to open a car to rescue its dummy driver. The purpose of the event was to show the dire consequences of breaking Las Vegas DUI law.

The students also heard speeches from Gov. Gibbons and Mayor Goodman. UMC Trauma Center Medical Director John Fildes conceded that teen drivers aren’t the most likely to drive drunk but that it’s still important to impress upon them how breaking Las Vegas DUI law can be fatal: “We hope that we can stop this in this generation and eliminate it for the generations ahead of them.”

Las Vegas DUI law makes it a misdemeanor to drive while under the influence of drugs or alcohol. Penalties for a first offense include fines, a victim impact panel, DUI School, and up to six months in jail (that is usually suspended). Your driver’s license may be suspended for several months as well.

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" »

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" »

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" »

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" »

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 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.

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.

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.

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.

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" »

Last week police arrested nineteen-year-old Matthew Andrews for sexual assault in Las Vegas after he allegedly molested children at his mother's day care facility. Currently, Andrews is charged with the sexual assault in Las Vegas of three children. Police are now asking all parents who left their children there to question them to see if they were possible victims.

Holly Andrews, the mother of the suspect, has not been charged at this time. Police claim there's currently no indication that she knew of her son's alleged behavior.

Police are also urging all parents who use day care facilities to take precautions, such as dropping in unexpectedly once in a while to see what's going on there as well as to talk to their children about what they do there.

Today, forty-year-old James Clayton, a former North Las Vegas police officer, is expected to plead guilty in Clark County District Court to attempted misconduct and oppression under color of office. He was originally arrested back in December for felony misconduct, felony oppression under color of office, and misdemeanor indecent exposure for allegedly seeking dates and sexual favors from women drivers during traffic stops.

Clayton worked as a police officer in North Las Vegas from 2005 to early 2009, when he was fired after the arrest. He faces up to five years in jail total, the final sentence to be determined by the judge at Clark County District Court.

Las Vegas Metro has a Citizen Review Board, made up of twenty-five citizens, whose purpose is to receive and investigate complaints of police misconduct. All complaints must be in writing, signed, and submitted to 310 South Third Street, Suite 319, Las Vegas, Nevada, 89155.

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)

Jermaine Charles Hoffman, the infamous “coffee shop burglar” who allegedly committed several robberies of various Carson City stores, has been sentenced to up to fifty years in prison. In July, he pleaded guilty to burglary in Nevada, grand larceny of a firearm, attempted robbery with a deadly weapon and battery with a deadly weapon. The latter charges refer to an incident where he fired two rounds at a coffee shop owner before escaping the restaurant empty-handed.

Hoffman was originally arrested in February at a traffic stop. There, officers discovered a duffel bag holding masks, bolt cutters, gun silencers and several stolen handguns. A subsequent search of his home uncovered other stolen weapons. Some of the Carson City establishments Hoffman allegedly stole from include True Value Hardware Store, Fritsch Elementary School, Carson Jewelry, Kragen Auto Store, and a vitamin shop.

Burglary in Nevada is a category B felony, carrying one to ten years in prison and a $10,000 fine. If a weapon is involved, the sentence is increased to two to fifteen years. Hoffman is eligible for parole after ten years.

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.

The North Las Vegas Police Department put up a new interactive crime map which will allow users to search for all crimes reported in North Las Vegas in the past ninety days. Users will be able to see which specific crimes have been allegedly committed near certain addresses, intersections, schools etc.

If someone is arrested for a crime in North Las Vegas, they will likely be booked at the North Las Vegas Detention Center. The North Las Vegas Detention Center is a large facility that holds not only local inmates but also overflow from the Clark County Detention Center, the FBI, Immigration and Naturalization Service, and U.S. Marshall Service.

To use the interactive crime map for North Las Vegas, go to http://crimeview.cityofnorthlasvegas.com.

On Monday morning, police arrested Reno resident Shawn Newman for child abuse and battery in Nevada after allegedly belting his son and then a bystander who tried to intervene. Newman had been walking his son to school when the argument started. Once he allegedly struck the bystander, who fought back, neighbors called authorities and managed to separate the two until the Reno police arrived.

According to police, both the son and bystander suffered injuries, though they are minor. Newman was booked in the Washoe County Jail on $4,115.00 bail.

Battery in Nevada without a deadly weapon and with no substantial bodily injury is a misdemeanor, carrying a $1,000 fine and up to six months in jail. The judge may impose community service instead.

The LVMPD are reporting a substantial drop in murder, burglaries, and auto theft in Las Vegas. In addition, there’s been a five-to-six percent drop in robberies, larcenies and aggravated assaults.

Metro Deputy Chief Gary Schofield credits this decrease in crime in part to neighborhood watch groups and similar programs: "We feel that it's been a fantastic effort between us and the community working jointly in the last year or so just to bring crime rates down." He goes on to say that little precautions on everyone’s part make a big difference in the long run: "Something as simple as auto theft [in Las Vegas], that took a joint effort between us, the media, the auto insurance and the citizens out there implementing programs like ‘Stop - Lock Your Car Up.' Something really simple, but has a huge impact.”

These latest statistics come from police crime reports, which are then forwarded to the FBI.

On Thursday Las Vegas Nevada State Bank executive David Hiner was arrested for open and gross lewdness in Las Vegas for allegedly putting his hand down a man's pants after a July business meeting. The victim said he didn't report Hiner earlier because of embarrassment. He also said Hiner "flirted" with him in the months leading up to the touching, and that the bank refused to pay for the counseling he requested.

Hiner denied the charges and was placed on paid suspension. Hiner believes the victim fabricated the story to punish Hiner for not sending him any business.

Open and gross lewdness in Las Vegas, like domestic violence, is one of the more frequently falsely-accused offenses because police don't need physical proof to make an arrest, and people may play the victim card out of revenge. A first conviction is a gross misdemeanor, carrying a year in jail. A second conviction is a category D felony, carrying up to four years.

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" »

Nevada Governor Jim Gibbons announced Friday that he will be creating a Nevada Crime Commission, which will examine state crime problems and suggest creative ways to fight them. Gibbons explained, “One of the primary purposes of government is to protect citizens from criminals. I plan to create the Nevada Crime Commission to explore new ways to reduce crime in Nevada and find real solutions to ‘current day’ crime problems.”

In its effort to understand and fight crime trends in Nevada, the commission will be able to create its own task forces and seek funding and grants. Some of the specific crime areas the Nevada Crime Commission will target include mortgage fraud, Medicare/Medicaid fraud, internet crime, gang crimes, prescription drug abuse, and immigration crimes in Nevada.

The Nevada Crime Commission will be made up of law enforcement officers, prosecutors, various business and community leaders, activists, and representatives of various crime victims groups. It will also include appropriate federal agencies; for instance, members from the U.S. Citizenship and Immigration Services will be invited to participate to help combat immigration crimes in Nevada.

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.

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" »

On Tuesday, Las Vegas Mayor Oscar Goodman announced that Downtown will soon be home to a Mob Museum, officially called the Las Vegas Museum of Organized Crime and Law Enforcement. Ironically, it will be located at the site of the former federal courthouse and a short walk from the Clark County Regional Justice Center.

The museum will display many artifacts from real mobsters, but the centerpiece will be a brick wall section that was the actual backdrop for the 1929 St. Valentine’s Day Massacre in Chicago. In addition, the museum will also showcase how law enforcement eventually succeeded in minimizing mob influence. As Mayor Goodman explains, "The bottom line is -- and nobody knows it better than I do -- law enforcement won. The mob is not here, and that's one of the reasons I became the mayor. I didn't have any clients left."

The Las Vegas Mob Museum is set to open in early 2011 and will cost fifty million dollars. Its address is 300 Stewart Ave., a few blocks north of the Clark County Regional Justice Center.