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What to Expect When Meeting a Las Vegas Criminal Attorney

If you are facing criminal charges, it is crucial to consult with an experienced Las Vegas criminal attorney as soon as possible. If you have never before needed the services of a criminal attorney, however, the prospect of meeting with an attorney can be a bit overwhelming on top of the stress you already feel after being arrested and charged with a crime. To help put you at ease, the team at The Vegas Lawyers offers a preview of what to expect during your first meeting with a Las Vegas criminal attorney.

Las Vegas criminal attorney - The Vegas Lawyers

Overview of the Law Firm

If you are like many people, meeting with a Las Vegas criminal attorney will be your first experience in a lawyer’s office. Knowing how the office is structured and who the “players” are may help you feel more at ease. While every office is unique, you may meet with a legal secretary or paralegal prior to meeting with an attorney. Their job is usually to gather basic information from you, copy documents you brought with you, and act as a point of contact for clients when an attorney is unavailable. Unlike attorneys who practice in other areas of the law, criminal defense attorneys typically spend a considerable amount of time in court, making their support staff an invaluable part of your defense team.

Background Information

Your criminal defense attorney needs as much background information on you as possible to do his/her job well. It may be uncomfortable to answer some of the questions, but rest assured that your attorney won’t ask questions unless he/she needs the answers to help protect and defend you. Be prepared to answer questions about your criminal background (or lack thereof), driving history, education, employment, and family history. Depending on the type of criminal charges involved, your attorney may also ask you questions about your relationships, financial status, and other sensitive subjects. Providing honest answers is crucial to your lawyer’s ability to protect you and mount a winning defense successfully. Keep in mind that everything (with very narrow exceptions) you disclose to your attorney is covered under attorney-client privilege, meaning that your lawyer cannot share the information with anyone else.

Case Details

Next, you will discuss the facts of the case. Come prepared for the meeting with copies of all relevant documents, including anything provided to you when you were arrested, correspondence you received from the prosecutor’s office, and documents that you think might be helpful to your defense. If there are people that you believe your attorney needs to talk to, such as an alibi or character witness, gather their contact information ahead of time as well. Because your lawyer cannot knowingly allow you to commit perjury, he or she may never ask you outright whether you committed the crime; however, your lawyer will ask you other pertinent questions relating to the case. It is in your best interest to answer these questions fully and honestly.

Defense Strategy

After your attorney has a clear picture of the prosecution’s case against you (as it currently stands) and your version of events, you will discuss your legal options. Although you are never required to accept a guilty plea agreement, your attorney may discuss that option with you to ascertain whether you are interested in negotiating an agreement. If you prefer to move forward toward trial, your Las Vegas criminal attorney will go over possible defense strategies with you and explain the next steps in your case.

What Should I Do If I Have Been Charged with a Criminal Offense in Las Vegas?

If you have been charged with a criminal offense in Las Vegas, consult with an experienced Las Vegas criminal attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

What Is Illegal Reentry? What to Know

If you were ever legally evicted or removed from a home or apartment, you were likely notified that you could not return to the premises. What happens if you return anyway after being ordered to leave? You might be arrested and charged with “unlawful reentry.” To help you better understand, The Vegas Lawyers explain what constitutes illegal reentry and what penalties you face if convicted of unlawful reentry in Nevada.

Illegal reentry - The Vegas Lawyers in Nevada

What Are the Elements of Unlawful Reentry in Nevada?

Illegal reentry, referred to officially as “unlawful reentry,” is governed by Nevada Revised Statute 205.082, which requires two elements to be met for a conviction:

  1. An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414 and
  2. Without the authority of the court or permission of the owner, the person reenters the property.

What Are Some Scenarios That Might Lead to Allegations of Illegal Reentry?

Allegations of illegal reentry most often occur after an individual has been evicted or following removal for “squatting.” For example, imagine that you were legally evicted from your apartment by your landlord for violating a provision of your lease. The court order required you to vacate the premises by June 1st. On June 2nd, you realize you left some important documents in the closet of the apartment, so you return to get them. You could be arrested and charged with unlawful reentry.

Another common example involves “squatters.” A squatter is someone who lives in or occupies a piece of property without a legal claim to the property. If you were squatting on a property and the owner came in and removed you, changed the locks, and posted the required notice pursuant to NRS 40.412, you could be charged with illegal reentry if you returned to the property.

How Is Illegal Reentry Different from Burglary or Trespassing?

If unlawful reentry sounds similar to burglary and trespassing to you, it is because they are similar offenses – with important differences.

The primary difference between unlawful reentry and burglary is that the criminal offense of burglary requires the prosecution to prove that the defendant had the intent to commit a crime while on the premises. Illegal reentry, however, does not involve any malicious intent beyond unlawful reentry.

Trespass, in Nevada, can occur under two different circumstances. The first is when an individual enters into someone else’s property with the intent to “vex or annoy the owner or occupant thereof or to commit any unlawful act.” Trespassing can also be alleged if you willfully go or remain upon any land or in any building “after having been warned by the owner or occupant thereof not to trespass.”

What Are the Potential Penalties for Unlawful Reentry in Nevada?

Unlawful reentry is charged as a gross misdemeanor in Nevada. If convicted, you could be sentenced to up to 364 days in jail and/or be ordered to pay a fine of up to $2,000.

What Are Some Defenses to Allegations of Illegal Reentry?

If you are facing allegations of unlawful reentry in Las Vegas it is imperative that you speak to an experienced criminal defense attorney as soon as possible to discuss defense strategies that might work given the facts and circumstances of your case. Some common defenses include:

  • The property owner gave you permission to return to the property.
  • The property owner failed to legally evict you or repossess the property.
  • You never reentered the property.
  • Your rights were violated and, therefore, evidence should be excluded.

What Should I Do If I Was Arrested and Charged with Illegal Reentry in Las Vegas?

If you were arrested and charged with unlawful reentry in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

What Are Domestic Violence Penalties?

Like most states, the State of Nevada takes accusations of domestic violence very seriously. A conviction for domestic violence, officially referred to as “battery domestic violence,” carries with it significant judicial and non-judicial penalties. A clear understanding of those potential penalties is crucial if you have been charged with domestic violence in Nevada.

Domestic violence penalties - The Vegas Lawyers

How Does Nevada Define Domestic Violence?

The term “domestic violence” is an umbrella term that covers numerous and varied criminal acts in which the relationship between the perpetrator and victim is a close one. Specifically, NRS 33.018 defines criminal offenses such as battery, assault, sexual assault, and false imprisonment as “domestic violence” if the alleged victim is any of the following:

  • Spouse or former spouse
  • Any other person to whom the perpetrator is related by blood or marriage
  • Any other person with whom the perpetrator has had or is having a dating relationship
  • Any other person with whom the perpetrator has a child in common
  • The minor child of any of the above-mentioned people
  • The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian

What Are the Domestic Violence Penalties in Nevada?

The potential penalties you face if convicted of battery domestic violence (BDV) in Nevada will depend on several important factors, including the injuries suffered by the alleged victim, your criminal history (or lack thereof), and the presence or absence of a weapon during the commission of the crime.

If this is your first domestic violence conviction within the previous seven-year period, and there are no aggravating circumstances, you will likely be charged with misdemeanor BDV which carries a minimum penalty of two days in jail and a maximum of six months in jail along with 48 to 120 hours of community service and a fine of $200 to $1,000. For any domestic violence conviction, the court will likely order you to complete six months to a year of domestic violence counseling as part of your sentence.

A second domestic violence conviction without aggravating circumstances within a seven-year period remains a misdemeanor; however, it increases the penalties to a minimum of 20 days and a maximum of six months in jail, 100 to 200 hours of community service, and a $500 to $1,000 fine. A minimum of 1.5 hours per week of domestic violence counseling will also be ordered.

A third battery domestic violence conviction within a seven-year period dramatically changes the potential penalties. You will be charged with a class B felony which carries one to six years in prison and a fine of $1,000 to $5,000 if convicted. The court cannot sentence you to probation for a felony BDV conviction.

If you knew (or should have known) that the victim was pregnant at the time of the BDV, you will be charged with a gross misdemeanor, the penalty for which is up to 364 days in jail and/or up to a $2,000 fine if convicted. A subsequent offense with a pregnant victim is charged as a class B felony with a potential penalty of one to six years in prison and $1,000 to $5,000 in fines.

Domestic violence involving strangulation that did not cause serious bodily injury and without a weapon involved is charged as a class C felony, carrying a potential prison sentence of one to five years along with a fine of up to $10,000 if convicted.

If you had a deadly weapon during the commission of the crime or the victim sustained “substantial bodily harm” you will be charged with a class B felony. Substantial bodily harm is defined by Nevada law as “bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ OR prolonged physical pain.” If convicted of BDV with substantial bodily injury but without a weapon involved, you may be sentenced to one to six years in prison and a fine of $1,000 to $5,000. If you had a weapon but the victim did not sustain substantial bodily injury, you face two to ten years in prison and up to a $10,000 fine. If a weapon was involved and the victim suffered substantial bodily harm, the potential punishment increases to two to 15 years in prison and up to a $10,000 fine.

What Should I Do If I Am Facing Domestic Violence Accusations in Las Vegas?

If you have been accused of a domestic violence crime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Understanding the Process of Record Sealing in Nevada

Having a criminal record can put you at a significant disadvantage in today’s world, preventing you from getting a job, renting an apartment, and even volunteering at your child’s school. If you have paid your debt to society or were never convicted of the charges, you may be eligible to have your criminal record sealed in the State of Nevada. Understanding the process of record sealing in Nevada is essential to moving forward with a clean slate.

What Does It Mean to Seal A Criminal Record in Nevada?

When a criminal record is sealed in Nevada the physical record is removed from the record system. Thereafter, access to the record is restricted except to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in Nevada Revised Statutes, or a party authorized pursuant to a court order.

How Long Do I Have to Wait to Seal a Criminal Record?

Like most states that allow records to be sealed, the State of Nevada imposes a waiting period before you can petition to have most criminal records sealed. However, there is no waiting period if the charges were dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges, or you were acquitted of the charges. If any of those scenarios apply, you can petition for sealing of your record immediately. For convictions, the case must first be considered closed, meaning you served your jail/prison time, completed probation, completed any required classes, and paid all fines and costs. After the case is closed, the following waiting periods apply:

  • A category A or B felony: 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
  • A category C or D felony: 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
  • A category E felony: 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
  • Any gross misdemeanor: 7 years from the date of release from actual custody or discharge from probation, whichever occurs later.
  • A violation of NRS 484.379 (Driving under the influence) other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony: 7 years from the date of release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.
  • Any other misdemeanor: 3 years from the date of release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

Are There Crimes That Are Ineligible for Record Sealing in Nevada?

While Nevada is fairly liberal with criminal record sealing, there are some crimes that are ineligible to be sealed, including:

  • Crime against children under 18 years old
  • Sex crimes
  • Felony charges of drunk driving (DUI) or drugged driving (DUID)
  • Invasion of the home with a deadly weapon

What Is the Process for Record Sealing in Nevada?

If you wish to have your criminal record sealed in Nevada, the first step is to get a copy of your criminal history, referred to as a “SCOPE.” This can be obtained from the local law enforcement agency of the city or county in which the conviction was entered or in which you appeared in court. If you have convictions on your criminal history, you will also need copies of the “judgment of conviction and discharge” for each conviction. These can be obtained from the court where the conviction was entered.

Once you have the necessary documents, you will prepare a petition and order to be sent to the District Attorney’s Office within 30 days. If the District Attorney’s Office agrees to stipulate to the sealing of your record, your final step will be to deliver the petition, order, and approval to the appropriate court for the judge’s signature. If the District Attorney’s Office denies your petition, you should be provided with an explanation indicating why your petition was denied. You also have the option to request a hearing to argue for approval of your records seal.

Can Anyone Still See My Criminal Record After It Is Sealed?

If your petition for record sealing is approved, your criminal record will be inaccessible to most people or entities that run a background check; however, the record is still available under certain conditions. State licensing boards, such as the Nevada Gaming Commission, will still be able to access your record as will the prosecuting attorney’s office under certain circumstances. Generally, however, you can legally deny ever having a criminal record after successfully sealing the record.

What Should I Do If I Need Help with Record Sealing in Las Vegas?

If you have a criminal record that you want sealed in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Understanding Involuntary Manslaughter Charges in Las Vegas

Realizing that you caused the death of another person is traumatic by itself; however, that trauma is exacerbated tenfold if you are also charged with involuntary manslaughter as a result of the death. If you are facing involuntary manslaughter charges in Las Vegas, it is crucial to understand what the prosecution must prove to convict you, what the penalties are if you are convicted, and what defenses might be available to you.

Involuntary manslaughter in Las Vegas - The Vegas Lawyers

What Is Involuntary Manslaughter?

In the State of Nevada, involuntary manslaughter is governed by NRS 200.070 which defines the offense as “the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.” The statute specifically precludes vehicular manslaughter within the definition of involuntary manslaughter.

In layman’s terms, involuntary manslaughter occurs when you unintentionally kill someone while you are committing an unlawful act (of any kind) or while committing a lawful, but negligent, act. For example, setting off illegal fireworks that end up killing a neighbor or firing a (legal) gun on the 4th of July that ends up killing someone might both be charged as involuntary manslaughter in Las Vegas.

How Is Involuntary Manslaughter Different from Other Offenses?

Like most states, Nevada law allows for several different criminal offenses related to the killing of another person. First-degree murder is the most serious of those crimes, followed by second-degree murder, voluntary manslaughter, and finally, involuntary manslaughter. First-degree murder requires the killing to have been intentional and committed with malice, while second-degree murder is an unintentional killing where the suspect acted so recklessly that death was a foreseeable consequence. Voluntary manslaughter involves an unintentional “heat of passion” killing.

What Are the Potential Penalties for a Manslaughter Conviction?

Involuntary manslaughter is charged as a Class D felony in Nevada. If convicted, you face a potential penalty of one to four years in prison and/or a fine of up to $5,000. It is not uncommon to be charged with a more serious offense that is negotiated down to involuntary manslaughter through plea agreement negotiations.

Are There Defenses to Manslaughter?

Only an experienced criminal defense attorney can evaluate the unique circumstances surrounding your arrest and discuss the best defense strategy for your case; however, both self-defense and accident are common defenses to accusations of involuntary manslaughter. You have a right in the State of Nevada to use reasonable force if you believe that there is an immediate threat of death or serious bodily injury to you or another person. Self-defense can include the killing of another person if the force used is proportionate to the threat. To claim that the killing was a true accident, you must not have committed an illegal act and your actions must not have been negligent.

What Should I Do If I Have Been Accused of Involuntary Manslaughter in Las Vegas?

If you have been accused of involuntary manslaughter in Las Vegas, consult with an experienced Las Vegas involuntary manslaughter attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Understanding Felony DUI Charges: What Makes a DUI a Felony?

Despite a concerted effort by the government and advocacy groups to get people to stop driving under the influence, people still get behind the wheel after imbibing alcohol or taking recreational drugs. While this is true everywhere in the United States, it is especially prevalent in Las Vegas. If you have been arrested for driving under the influence (DUI), you need to know what makes DUI a felony in Nevada.

Felony DUI in Las Vegas, Nevada

What Constitutes a DUI According to Nevada Law?

Nevada law makes it unlawful to operate a motor vehicle on a public roadway or be in control of a vehicle if any of the following apply:

  • You are under the influence of intoxicating liquor.
  • You have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
  • You are under the influence of a controlled substance, chemical, poison, or organic solvent.
  • You are under the combined influence of intoxicating liquor and a controlled substance.
  • You have an unlawful blood level of certain drugs (as defined in the statute).

When Is a DUI a Felony in Las Vegas?

Absent aggravating circumstances, a first or second DUI within seven years is charged as a misdemeanor in Nevada. If you are arrested and charged for a third DUI within those seven years, however, you will be charged with a Class B Felony and face a potential term of imprisonment of one to six years along with a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years (at your expense).

Another way that a DUI can be charged as a felony in Las Vegas is if you have a previous felony conviction for driving under the influence. In that case, it does not matter when you were convicted, it just matters that the previous conviction was for a felony DUI. Sentencing for a conviction with a previous felony conviction is the same as for a third DUI within seven years.

A third scenario in which a DUI can be elevated to a Class B felony in Las Vegas is when you cause substantial bodily harm or death during the commission of the offense. If convicted, you could be sentenced to prison for two to 20 years, in addition to a license suspension, required victim impact panel, and installation of an ignition interlock device.

Finally, a DUI can be charged as a Class A Felony in Nevada if you cause the death of another person (vehicular homicide) while driving under the influence, and you have three or more previous convictions for DUI. Again, it does not matter how long ago you were convicted of prior DUIs, only that you have three or more convictions. If convicted of DUI causing vehicular homicide, you will face a sentence of 25 years to life in prison.

What Should I Do If I Am Charged with Felony DUI in Las Vegas?

If you have been charged with felony DUI in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers immediately as there may be defenses available to you that can avoid a DUI conviction that will negatively impact you for many years to come. Call us at 702-707-7000 or contact us online.

The Ultimate Checklist for Finding Trustworthy Lawyers in Las Vegas

If you have been charged with a criminal offense, the most important thing you can do for yourself, and your future is to retain the services of an experienced criminal defense lawyer. It helps to know what to look for when searching for an attorney. With that in mind, consider the following ultimate checklist for finding trustworthy lawyers in Las Vegas.

 trustworthy lawyers in las vegas - The Vegas Lawyers

Practice Area

One of the most important things to consider is whether an attorney has devoted his or her practice to criminal defense. After graduating from law school and passing the Bar examination, an attorney can practice in any area of the law. Just as you do not want a dermatologist to treat a heart problem, however, you do not want an attorney who focuses on family law cases to represent you in a criminal prosecution. Look for an attorney who has chosen to practice solely or at least predominantly criminal law to ensure that your attorney has the experience and dedication necessary to successfully defend you.

Experience

When it comes to representing you in a criminal case, there is no substitute for experience. Look for an attorney who has significant experience defending people in criminal prosecutions. Ideally, you want an attorney who has experience defending people charged with the same or similar crimes as you. For instance, if you have been charged with DUI, you want an attorney who has handled numerous DUI cases.

Referrals

Often, the best way to find a criminal defense attorney is to ask friends, family members, or colleagues for a referral. There is a good chance that someone you know has needed the services of a criminal defense attorney at some point. Getting a first-hand referral from someone who has been through a similar experience can be invaluable.

Relationships

Search for an attorney who is local and practices in the court system where your case is being handled. People sometimes make the mistake of bringing in an attorney from another area because they are a friend or because they are a big name; however, doing this underestimates the value of the relationships that a local attorney has nurtured. An attorney who works in the court system on a regular basis has developed valuable relationships with law enforcement officers, prosecutors, and court staff.

Reviews

While it is never a good idea to rely entirely on the information you find on the internet when hiring an attorney, it can help to read through reviews to hear what others have to say about a prospective lawyer. Many lawyers in Las Vegas have testimonials on their websites from former clients that can provide valuable insight into how a lawyer interacts with and defends clients.

Strategy

When you have narrowed down your search to a select few options, schedule consultations with those lawyers in Las Vegas to discuss the specifics of your case. Ask them what defense strategies they plan to employ if you hire them to represent you. Do not be shy about asking questions. This is your chance to find out how a lawyer will help you avoid a conviction. If you feel that a conviction is inevitable, ask the attorney what terms they believe they can negotiate for you in a guilty plea agreement. Keep in mind that an attorney cannot promise you an outcome; however, they can tell you what they think will likely happen based on their experience and the facts as you present them.

What Should I Do If I Was Arrested and Charged with a Criminal Offense in Las Vegas?

If you were arrested and charged with a crime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

The Power of Protection: Why You Need a Skillful Las Vegas Criminal Defense Lawyer on Your Side

If you have been arrested and charged with a criminal offense, or you have reason to believe you are under investigation for a crime, you may be wondering if you need to retain the services of a Las Vegas criminal defense lawyer. Before you make the mistake of going it alone, you should consider some of the many ways in which an experienced lawyer can help protect you throughout the investigation and prosecution of a criminal case.

Las Vegas Criminal Defense - The Vegas Lawyers

A Law Vegas Criminal Defense Lawyer Ensures That Your Rights Are Protected

As a suspect or defendant in a criminal case, you have several important constitutional rights. To benefit from the protection offered by those rights, however, you must know when and how to assert your rights. For example, you have the right to remain silent. If confronted or questioned by the police, assert your right to remain silent along with your right to an attorney. By remaining silent and retaining an experienced Las Vegas criminal defense lawyer immediately, you ensure that your lawyer can step in and make sure that your rights are protected going forward as well as address any previous violations of your rights that may have already occurred.

A Las Vegas Criminal Defense Lawyer Can Conduct an Independent Investigation

Law enforcement officers likely conducted an investigation prior to arresting you. While your attorney is entitled to view any evidence obtained during that investigation, you do not want your future to depend solely on an investigation conducted by the police. Your lawyer can conduct an independent investigation and speak to witnesses on your behalf to ensure that your side of the story is heard.

A Las Vegas Criminal Defense Lawyer Will Explain the Law, Procedures, and Options

If you have never before been charged with committing a crime, the criminal justice system can be extremely confusing and intimidating. You can easily end up with a warrant for your arrest simply because you failed to understand pre-trial procedures or because you did not understand when or where to appear in court. Your criminal defense lawyer understands the laws and procedures and will be by your side as you navigate the criminal justice system.

A Las Vegas Criminal Defense Lawyer Will Negotiate on Your Behalf

At some point, the State (through the prosecuting attorney) will likely offer you a plea agreement. If you are interested in considering such an agreement, your Las Vegas criminal defense attorney will negotiate the agreement on your behalf to ensure that the terms of that agreement are as favorable to you as possible.

A Las Vegas Criminal Defense Lawyer Will Defend You in Court

You have a constitutional right to defend yourself at a trial by jury when accused of a crime in the United States. If you are not interested in pleading guilty, your attorney will discuss the advantages and disadvantages of both a jury trial and a bench trial (trial by judge) to help you decide which way to proceed. Whether you decide to allow a judge or a jury to decide the verdict, your lawyer will vigorously and aggressively defend you during the trial with the goal of avoiding a conviction.

What Should I Do If I Was Arrested for a Criminal Offense in Las Vegas?

If you were arrested and charged with a criminal offense in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

The Consequences of DUI Convictions: What You Need to Know

Although most people are aware of the dangers, and possible consequences, of driving while under the influence (DUI), DUI arrests continue to occur at a steady rate – especially in a city like Las Vegas. “What happens in Vegas, stays in Vegas” may apply to a wide range of questionable behavior; however, if what happens in Vegas is a DUI conviction, that will come with far-reaching and long-lasting consequences that most assuredly do not remain in Vegas.

Man arrested facing DUI convictions in Las Vegas

What Are the Potential Judicial Penalties for a DUI Conviction in Las Vegas?

If you are convicted of a DUI in Nevada, the potential judicial (court-imposed) penalties you face will depend on whether you are convicted of a misdemeanor DUI or a felony DUI. A first or second DUI within seven years is typically charged as a misdemeanor and carries a potential sentence of up to one year in jail, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines and costs.

If there are aggravating circumstances involved, and you are charged with a felony DUI in Nevada, you could be sentenced to anywhere from one year to life in prison, depending on the nature of the circumstances that elevated the charge to a felony. You will also have your license suspended for up to three years and be required to install, and pay for, an ignition interlock device in your vehicle.

What Are the Non-Judicial Consequences of DUI Convictions?

While the actual terms of the sentence imposed by the court for a DUI conviction can be harsh, there are additional consequences that bear consideration as well. The financial cost of a DUI, for example, cannot be understated. Along with a fine of several hundred dollars up to $5,000, you will be required to pay court costs and may incur costs related to probation, alcohol evaluation and treatment, alcohol and drug testing, installation, and monitoring fees for an ignition interlock device, as well as the cost of an attorney. The biggest financial cost of a DUI, however, is often the increased insurance premiums you will pay after the conviction. Expect your premiums to increase by 50 percent or more following a DUI conviction and for those increased premiums to apply for at least three years after your conviction.

If you hold a professional license (physician, attorney, teacher, etc.), another consequence of a DUI conviction may be professional discipline. While the rules vary, most professional licensing boards require those holding a license to report a criminal conviction of any kind. Once the conviction is reported, you may face disciplinary action ranging from a private reprimand to revocation of your license.

If your job involves driving or requires your employer to insure you, a DUI conviction may also threaten your employment if you are now too expensive to insure. By the same token, a DUI conviction may disqualify you from certain jobs that you would otherwise be qualified for in the future.

Finally, keep in mind that a DUI conviction is just that – a conviction for a criminal offense. Even if you avoid spending any time in jail, once you are convicted of driving under the influence, you have a criminal record that can be accessed by future employers, landlords, or even a nosy neighbor. That conviction will remain on your record for at least seven years, after which you can petition to have it sealed if it is for a misdemeanor DUI. A felony DUI conviction, however, remains on your criminal record for life.

What Should I Do If I Am Charged with DUI in Las Vegas?

If you are facing DUI charges in Las Vegas, contact an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss how to avoid ending up with a DUI conviction. Call us at 702-707-7000 or contact us online.

Steps If You Have a Federal Warrant: Advice From a Lawyer

If a federal warrant is issued for your arrest, the odds are very good that you will eventually be arrested. If you have never before been accused of a federal criminal offense, the entire experience will undoubtedly be frightening. With that in mind, a federal warrant lawyer at The Vegas Lawyers explains what steps to take if you have a federal warrant.

Federal warrant lawyer - The Vegas Lawyers

Step One: Understanding the Federal Criminal Justice System

The United States operates under a federalist form of government, meaning that we have a central government (federal) along with individual state governments. This division of government also results in both federal and state law enforcement agencies as well as both federal and state criminal justice systems. For a crime to be investigated and prosecuted at the federal level, federal authorities must have jurisdiction. Criminal offenses such as money laundering and drug trafficking are often prosecuted in federal court because the criminal activity “crosses state lines” or “affects interstate commerce.”

Step Two: Know What It Means If I Have a Federal Arrest Warrant

To obtain a federal arrest warrant, the United States Attorney’s Office must present sufficient evidence to a grand jury or a federal judge to conclude that probable cause exists to charge you with a crime. Once a warrant has been issued by a judge (or magistrate), the United States Marshal’s Office is tasked with locating and apprehending the suspect. Unfortunately, you may not find out that you have a federal warrant until after you are in custody. If you have reason to believe that you may have a federal arrest warrant, however, contact an experienced federal criminal defense attorney immediately.

Step Three: Understand Your Rights

Whether you are actually arrested or simply learn that a federal arrest warrant has been issued, it is crucial to understand that you have rights guaranteed to you by the United States Constitution. Chief among your rights is the right to remain silent. That right can only help you, however, if you exercise it by respectfully declining to speak to law enforcement officers without an attorney present. Your right to an attorney is another important constitutional right that applies if you are arrested.

Step Four: Prepare for a Detention Hearing

If you are arrested and charged with a federal crime, you will appear in court at a detention hearing shortly after your arrest. At your detention hearing, a federal judge will decide whether to allow your release while your case is pending and, if so, under what conditions. You may qualify to be released on your personal recognizance which is effectively just your promise to appear for all court hearings, or the judge may approve a conditional release. A conditional release may include paying a bond, home detention, or a variety of other conditions deemed “reasonably necessary” by the judge.

Step Five: Contact an Experienced Federal Warrant Lawyer

Whether you have reason to believe that a warrant has been (or will be) issued, or you have already been arrested on a federal warrant, consulting with an experienced federal warrant lawyer is the key to ensuring that your rights are protected throughout the criminal prosecution that is to follow.

What Should I Do If I Have a Federal Arrest Warrant in Las Vegas?

If you have questions or concerns about a federal arrest warrant, consult with an experienced federal warrant attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.