Some drivers intentionally drive over the speed limit while others unintentionally let the needle pass the speed limit while their mind wanders. For a law enforcement officer, all that is needed to write you a ticket is the suspicion that you were driving over the posted speed limit. Because a speeding ticket can be costly in more ways than one, the Vegas Lawyers want you to know five things about handling speeding tickets in Nevada.

1. Speeding Can Be a Crime in Nevada

If you are someone who tends to have a “lead” foot, you should know that speeding can be a criminal offense in Nevada. Speeding starts as a civil infraction, meaning you cannot be imprisoned if convicted. Civil infractions are only punishable by fines and points against your license. If you are convicted of speeding 30 miles per hour or more above the posted speed limit, however, speeding can be charged as a criminal misdemeanor.

2. You Can Be Charged with Speeding Even If You Are Not Going Over the Posted Limit

Like most people, you likely assume that a speeding ticket must be based on the allegation that you were traveling at a rate of speed that exceeded the posted speed limit. The law, however, says that a motorist is also prohibited from traveling “At a rate of speed greater than is reasonable or proper, having due regard for the traffic, surface, and width of the highway, the weather, and other highway conditions” or at “Such a rate of speed as to endanger the life, limb or property of any person.” In other words, you can be issued a speeding ticket if you are traveling at 60 miles per hour and the posted speed limit is 60 miles per hour.

3. You Face Higher Penalties If You Are Speeding in Certain Locations

When speeding is charged as a civil infraction, you face a fine or monetary penalty only for a conviction. The fine or civil penalty, however, can be doubled if the incident occurred in a work zone, school zone, or pedestrian safety zone (pedestrian crosswalks). All three special areas should be well-marked as such, so be sure to slow down when you enter one of these zones.

4. Your Driving Privileges Could Be Suspended for Speeding

When the Department of Motor Vehicles (DMV) receives notification that you have chosen not to challenge a speeding ticket, or you unsuccessfully challenged a speeding ticket, points will be levied against your driving record. Nevada operates on a point demerit system, assigning points when you are convicted of a traffic offense. For speeding, you will receive 1 point if you were traveling 1 to 10 mph over the posted speed limit; 2 points for going 11-20 mph over the posted speed limit; and 3 points for traveling 21-30 mph over the posted speed limit. If you rack up 12 or more points within a 12-month time frame, your license will automatically be suspended for six months.

5. You Can Challenge a Speeding Ticket in Nevada

When you are issued a speeding ticket as a civil infraction, you can simply pay the fine if you do not wish to challenge the ticket, or you can request a hearing within 90 calendar days from the date the ticket was issued if you want to challenge the ticket. If you are charged with a misdemeanor for speeding, you will be required to appear in court, at which time you can plead not guilty if you want to challenge the ticket.

What Should I Do If I Was Issued a Speeding Ticket in Las Vegas?

If you were issued a speeding ticket in Las Vegas and you wish to challenge the ticket, consult with the experienced speed ticket lawyers 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.

The bright lights, spectacular shows, and high-stakes casinos along the strip in Las Vegas attract visitors from all over the world. It can be all too easy to get caught up in the excitement and potential for a big payout while gambling at a casino. With that in mind, casinos routinely extend “markers” to players to make it easier for them to keep betting. What happens, however, if you fail to repay a marker? Fortunately, legal help may be available if you have encountered a casino marker issue in Las Vegas.

What Is a Casino Marker?

Casino markers are essentially tokens representing a line of credit extended by a casino to a patron. Casinos make it relatively easy for patrons to obtain casino markers, requiring nothing more than a quick application, credit check, and financial institution verification. While casino markers are usually interest-free extensions of credit, the entire balance on a casino marker is typically due and payable within 30 days.

What Happens If I Don’t Pay a Casino Marker?

Each hotel establishes its own policies regarding eligibility for markers as well as repayment of markers. Most casinos, however, require repayment of markers in 30 days. If you fail to repay the marker or procure an extension of time within which to repay the money, the casino may aggressively begin collection procedures. Those procedures will likely include an attempt to collect the money due from your bank account. If there are insufficient funds in your bank account to cover the marker, the casino will send you a certified “Notice of Refusal of Payment.” You have 10 days from the date you receive that notice to pay the marker. If the debt remains outstanding at the end of 10 days, the casino may refer the matter to the Clark County District Attorney’s Office.

It Can Be a Crime to Not Repay a Casino Marker in Nevada

What people often fail to realize when they accept an extension of credit in the form of casino markers is that failing to repay the debt does not simply impact your credit score as is the case with other types of credit because Nevada law effectively treats markers as checks. According to NRS 205.130 a person who “willfully, with an intent to defraud draws or passes a check or draft to obtain… credit extended by any licensed gaming establishment” is guilty of a criminal misdemeanor, punishable by up to six months in jail. If the amount owed on a single marker or a combination of markers extended within a 90-day period exceeds $1,200, you may be charged with a Class D felony. If convicted of a Class D felony you face one to four years in prison and a hefty fine.

Do I Have a Defense If I Need Legal Help With Casino Markers?

Ideally, the best time to get an attorney involved is before a casino sends your marker to the District Attorney’s Office; however, if you have already been charged with a criminal offense for failing to pay a marker, you may have a defense that can prevent a conviction.

One common defense is to assert that the casino marker does not qualify as a “check” under Nevada law and, therefore, they cannot prosecute you under NRS 205.130. For a marker to qualify under that statute it must clearly show the payee, the amount of money due, the date, and must be signed by you. The marker cannot be pre- or post-dated and cannot be for a pre-existing debt.

Another potential defense is to argue that you lacked the “intent” required for a conviction under NRS 205.130. Nevada law presumes that you had the intent to defraud when you took out the casino marker; however, the facts and circumstances may be such that your defense attorney can successfully rebut that presumption.

What Should I Do If I Have a Casino Marker Issue in Las Vegas?

If you have questions or concerns about a casino marker issue in Las Vegas, get legal help from an experienced casino markers attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.

After serving time in a state or federal prison, many prisoners are released on parole. While on parole, a parolee is supervised and subject to numerous restrictions and conditions. A violation of parole in Las Vegas can lead to severe consequences, including a return to incarceration.

What Is Parole?

People often use the terms “probation” and “parole” interchangeably when, in fact, they are not the same thing. Probation is a sentencing alternative that can be used in addition to, or in lieu of, a term of imprisonment. Parole is a period of supervision that follows a prison term when the prisoner is released early. For example, if you are sentenced to a term of 20 years but are released after 15 years for good behavior, you might be required to serve the remaining five years on parole.  While on parole, the Nevada Department of Public Safety supervises parolees who are required to abide by various conditions, such as maintaining employment, refraining from drug and alcohol use, and avoiding a new arrest.

Common Parole Violations

Often, a parolee has spent years, even decades, behind bars, making the transition to civilian life difficult. Add to that, the numerous conditions placed on a parolee and parole violations become even more likely. While there are numerous ways in which a parolee can violate parole, some common violations include:

• Failing a drug screen.
• Failing to obtain or maintain employment.
• Failing to report to a parole officer.
• Associating with known felons or criminals.
• Leaving the jurisdiction without permission.
• Failing to register as a sex offender (if required).
• Getting arrested for a new offense.

What Happens at a Parole Violation Hearing?

When there is an allegation that a parolee has violated parole, the Parole Board issues a written order that serves as an arrest warrant. After the parolee is arrested, a probable cause inquiry is conducted. Assuming that probable cause is found to exist, a hearing is scheduled in front of the State Board of Parole Commissioners. A parole violation hearing is similar to a criminal trial in that the parolee is entitled to be represented by an attorney and has a right to testify; however, the standard of proof for a parole violation is significantly lower than for a criminal conviction. In a criminal trial, a judge or jury must find the defendant guilty beyond a reasonable doubt to enter a conviction. At a parole violation hearing, the Parole Board must only find substantial evidence of a violation to violate the parolee.

Potential Consequences of a Parole Violation

If the Parole Board finds that a violation did not occur, the parolee is returned to supervision to finish his or her parole. If the Parole Board finds that a violation did occur, the parolee is typically remanded to prison to finish out his/her remaining sentence. In addition, if you return to prison following a parole violation, you will lose any “good time” credit you accrued before being released. Instead of returning a parolee to prison, the Parole Board can decide to let the parolee complete his/her sentence at home in residential confinement. Residential confinement usually includes electronic monitoring and severely restricts a parolee’s movement to a job, school, doctor appointments, and court-related appearances.

Las Vegas Parole Violation Defenses

A parolee is entitled to legal representation and to present a defense at a parole violation hearing. Although the standard for a violation of parole is lower than for a criminal conviction, evidence must still be presented indicating that a violation occurred. An experienced Las Vegas parole violation attorney may argue that you were wrongly accused or that there is insufficient evidence to prove a violation occurred.

What Should I Do If I Have Been Accused of Violating My Parole in Las Vegas?

If you have been accused of violating parole in Las Vegas, consult with an experienced Las Vegas parole violation 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.

The U.S. Constitution guarantees people the right to “keep and bear arms,” but the individual states have the right to enact and enforce laws relating to the ability to carry a concealed firearm. Violating Nevada’s concealed carry laws can result in serious criminal charges being filed against you that could result in you facing a lengthy term of imprisonment if you are convicted. To help you comply with Nevada’s gun laws, The Vegas Lawyers explain the Nevada gun laws that apply to concealed carry.

What Does “Conceal Carry” Mean?

In 1982, Nevada amended Article 1, Section 11 of the state Constitution to read “Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.” The right to bear arms, however, does have restrictions in Nevada. As a general rule, Nevada is an “open carry” state, meaning that anyone may carry a firearm on their person if the firearm is clearly visible. Conversely, carrying a “concealed” firearm is prohibited unless you have a permit. A “concealed firearm” refers to a loaded or unloaded handgun that is carried upon a person in such a manner as not to be discernible by ordinary observation. NRS 202.3653. The Nevada Attorney General’s Office has also issued an opinion clarifying that a concealed weapon can be carried on your person or in a container carried by you, such as a purse, briefcase, or bag.

Can I Be Arrested for Carrying a Concealed Firearm in Nevada?

Not only is it illegal to carry a concealed firearm in Nevada without the proper license, but you can be arrested and charged with a felony for doing so. NRS 202.350 makes it a Class C felony to carry a concealed firearm, subjecting you to a prison term of up to five years and/or a fine of up to $10,000 if charged and convicted of violating the Nevada gun laws applicable to concealed carry.

What Is a Conceal Carry Permit in Nevada?

Nevada, like many other states, does not completely prohibit carrying a concealed firearm; however, you must have a valid concealed carry permit to carry a concealed weapon. To obtain a concealed carry permit, you must apply in the county where you are a resident or the county where you received training if you are an out-of-state resident. You must also be 21 years of age or older or 18 years of age or older and be active in the military or have received an honorable discharge. Finally, you must be able to lawfully possess a firearm and successfully complete an approved firearms course taught by a certified Nevada CCW instructor inside the state of Nevada. Your application for a concealed carry permit may be denied for a variety of reasons, including, a conviction of a felony, admission to a mental facility within the previous five years, or a conviction for domestic violence.

What Does It Mean to Be a “Shall” Issue State?

Nevada is a “shall” issue state when it comes to concealed carry permits. The “shall issue” law was enacted to provide uniformity within the concealed carry application and approval process. Prior to modifying the law to make Nevada a “shall issue” state, each individual county reviewed and approved or denied applications, leading to a noticeable disparity in the criteria used to approve or deny applications across the state. The “shall issue” law effectively makes it so that an applicant who meets all requirements and who does not have any statutory disqualifying factors, must be issued a concealed carry permit.

What Should I Do If I Have Been Charged with Violating a Nevada Concealed Carry Law?

If you were arrested and charged with violating Nevada’s concealed carry law, 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.

It is almost a teenage right of passage to use a fake ID to gain entrance to bars, gamble, or purchase nicotine or alcohol. Knowing that the Nevada legislature made having a fake ID for those purposes a misdemeanor. There are other scenarios, however, when you can be charged with a felony for offenses related to fake IDs in Nevada.

When Is Having a Fake ID a Felony in Nevada?

Nevada Revised Statutes 205.465 governs many criminal offenses related to fake IDs in Nevada. According to that statute, there are several ways related to fake IDs in which you could be charged with a felony, including:

• Establishing a false identity: It is unlawful for a person to possess, sell, or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license, or identity for himself or herself or any other person. Possession of such documents is a category E felony (the lowest felony category) in Nevada.
• Sale or transfer of a fake ID:  The sale or transfer of a fake ID or documents used to establish a fake identification is charged as a category C felony in Nevada.
• Possession of fake ID to commit certain crimes: Possession of fake identification or documents to commit any of the crimes listed in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive (forgery and fraud offenses) is also a category C felony.
• Sale or transfer of fake ID with aggravating factors: The sale or transfer of personal identifying information can be elevated to a category B felony if any of the following aggravating factors apply:
  • The identifying information is that of an older person or a vulnerable person.
  • The identifying information is that of five or more persons.
  • Someone suffered a financial loss or injury of $3,000 or more as a result of the violation.

Potential Penalties for Felony Fake ID Charges in Nevada

The potential penalties you face if convicted of a fake ID offense in Nevada will depend on the level of felony involved as follows:

• Category E Felony: Punishment includes a potential term of imprisonment of one to four years and/or a fine of up to $5,000.
• Category C Felony: The penalties for a category C felony in Nevada include a prison term of one to 10 years along with a potential fine of up to $10,000.
• Category B Felony: Conviction of a category B felony in Nevada carries a potential term of imprisonment of up to 20 years and/or a fine of up to $100,000.

What Should I Do If I Was Charged with a Felony Fake ID Offense in Las Vegas?

If you were arrested and charged with a felony in relation to a fake ID 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.

If you are arrested and charged with committing a crime in Nevada, you will need to decide whether to take your case to trial or enter into a plea agreement with the State. If you choose to go to trial, you will likely have another important decision to make that can directly impact the outcome of your case. You will need to decide whether to proceed with a jury trial or a bench trial. If you are faced with this choice, a better understanding of what is involved in navigating the bench trial process in Nevada may be helpful.

Your Right to a Trial by Jury

As a defendant in a criminal prosecution, you have a right to a trial by jury as guaranteed by both the U.S. Constitution and the Constitution of the State of Nevada. In Nevada, however, your right to a trial by jury does not apply if the maximum potential sentence for the crime you are accused of committing is six months or less. Consequently, the right to a trial by jury does not apply to most prosecutions involving misdemeanor offenses. As such, your case will automatically be set for a bench trial if you are accused of a simple misdemeanor. The exception to this general rule can be found when the offense in question is domestic violence. In that case, you are entitled to a trial by jury even if the charge carries a maximum penalty of six months or less.

What Is the Difference Between a Jury Trial and a Bench Trial?

The primary difference between a jury trial and a bench trial can be found in who renders the verdict at the end of the case. In a jury trial, members of the community listen to the evidence and arguments throughout the trial and render a verdict at the end. In a bench trial, the judge listens to the evidence and arguments and renders the verdict.

Doesn’t a Judge Preside Over All Trials?

Yes. A judge always presides over a trial; however, when a jury is seated, the judge’s role does not include determining guilt. A judge always oversees a trial, regardless of whether it is a jury or bench trial. A judge’s duties and responsibilities during any trial include things such as ruling on the admissibility of evidence, providing the jury with jury instructions, and sentencing the defendant if he/she is found guilty. The difference in a bench trial is that the judge will also decide whether the prosecution has met its burden of proving the defendant guilty beyond a reasonable doubt, whereas in a jury trial, that function is allocated to the jury.

Can I Choose to Have a Bench Trial?

Even if you have a constitutional right to a jury trial, you may waive your right to a jury trial and choose a bench trial instead. For major felony cases, the court will likely put your case on the jury trial calendar at your initial hearing. If, after consulting with your criminal defense attorney, you decide you would prefer a bench trial, you will likely need to formally waive your right to a jury trial in court. Once that is accomplished, the court will schedule your bench trial.

Can I Choose the Judge in a Bench Trial?

Unfortunately, you do not have the right to choose the judge who will preside over your bench trial. Judges are assigned by the court administration based on a rotating schedule and/or by the type of case being tried. Your attorney can request a change of judge if there is a good reason, such as the assigned judge appears biased or has personal knowledge of the case or parties. Otherwise, you are stuck with the assigned judge.

Why Might a Bench Trial Be a Better Choice?

Because every criminal prosecution involves unique facts and circumstances, you should discuss the advantages and disadvantages of electing a bench trial with your criminal defense attorney. Some factors to consider, however, include:

• Complex legal issues: Juries often get confused when complex legal issues or concepts are involved, whereas a judge should understand them. This can work in your favor or against you, depending on the issues/concepts involved.
• Excluded evidence: Evidence may be excluded by the judge prior to trial. As such, jury members will never know about that evidence. Although it cannot legally be considered if it was excluded, the judge who ruled on the motion to exclude will know about the evidence which can work against you if that evidence suggests that you are guilty.
• Notoriety: Although prospective jurors will be screened for prior knowledge of the case during jury selection, it can be virtually impossible to find jurors with no knowledge of the case when the case has been highly publicized. In that case, it may be better to trust a judge to set aside any preconceived notions about the case.
• Reputation of the judge: Judges are human, meaning they develop tendencies and opinions regarding legal issues. Knowing which direction the judge assigned to your case leans regarding relevant issues can be crucial when deciding to proceed with a bench trial or stick to a jury trial.

What Should I Do If I Am Facing Criminal Charges in Las Vegas?

If you were arrested and charged with committing a criminal offense 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.

If you’re facing domestic violence charges in Las Vegas it is imperative that you take the charges against you seriously because the judicial penalties and non-judicial consequences of a conviction can be life-altering.

How Is Domestic Violence Defined by Nevada Law?

Governed by NRS 33.018, domestic violence is defined as “committing one of the following acts upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:”

• A battery.
• An assault.
• Coercion pursuant to NRS 207.190.
• A sexual assault.
• A knowing, purposeful or reckless course of conduct intended to harass the other person.
• A false imprisonment.
• Pandering.

What Are the Potential Penalties for a Domestic Violence Conviction in Nevada?

Generally, a first or second offense of domestic violence is charged as a misdemeanor in Nevada. For a first offense, you face a minimum of two days and a maximum of six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. You may also be required to complete domestic violence counseling. For a second conviction for domestic violence within seven years the term of imprisonment increases to a minimum of 20 days in jail, community service work increases to a minimum of 100 hours, the term of counseling is one year, and the minimum fine is $500.

If you are charged with domestic violence for a third time within the same seven-year period, you will be charged with a Class B Felony, punishable by one to six years in prison and a fine of $1,000 to $5,000. You may also face felony charges for domestic violence if there are aggravating factors, such as the victim was pregnant at the time or the victim suffered serious bodily injury. Depending on the circumstances, you could face up to 15 years in prison for a domestic violence conviction involving aggravating factors in Nevada.

Additional Consequences of a Domestic Violence Conviction

Along with the judicial penalties imposed by the court at sentencing, there are additional consequences for domestic violence charges of which you should be aware. You will lose your right to possess a firearm if you are convicted of domestic violence. This applies regardless of whether the charge was a felony or misdemeanor and the fact that you are a law enforcement officer or a member of the military is not considered. A domestic violence conviction can also trigger deportation proceedings or prevent you from qualifying for a change of status if you are not yet an American citizen.

What You Need to Know about a No Contact Order

Early on in the prosecution of most domestic violence cases, the court issues a “no contact” order, also referred to as an injunction, that orders the defendant to refrain from having any contact with the alleged victim. A violation of this order can result in a revocation of your bond on the original charge, meaning you will return to jail, and you could face additional criminal charges for violating the order.

Can’t the Alleged Victim Drop the Charges?

A common misperception is the belief that the alleged victim in a domestic violence case can “drop the charges.” The State of Nevada is the party charging you with domestic violence, not the alleged victim. Therefore, only the prosecuting attorney, on behalf of the State, can dismiss those charges.

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

If you have been charged with domestic violence 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.

In the State of Nevada, domestic violence is a criminal offense that involves committing any of several different criminal acts against a current or former spouse, a blood relation, your child, a current or former boyfriend or girlfriend, or someone with whom you have a child in common. Domestic battery can be charged as a misdemeanor or felony, depending on the circumstances. A conviction for domestic violence may subject you to a lengthy term of imprisonment; however, you may have a viable defense. The criminal defense attorneys at The Vegas Lawyers explain some common legal strategies used when defending against domestic violence charges. 

Understanding the Role of the Victim

Before discussing actual defenses, it is important for anyone facing domestic violence charges to understand the role of the alleged victim. The State of Nevada, not the victim, files and pursues criminal charges against a defendant. This means that the alleged victim cannot simply “drop the charges” against you. If the alleged victim chooses (of his or her own accord) not to cooperate with the prosecuting attorney, it may help your defense; however, the alleged victim does not have the power to dismiss the case against you.

Self-Defense/Mutual Combat

Domestic violence charges often stem from a “mutual combat” scenario where both the defendant and the alleged victim were actively combative. To successfully claim self-defense in Nevada, there must have been an urgent threat that caused you to have a reasonable belief that harm was imminent, and your response must have been proportional to the threat.

It Wasn’t Me/It Never Happened

Another common defense strategy can be thought of as the “prove it” defense. The prosecution has the burden of proving your guilt beyond reasonable doubt. Sometimes, the best defense is to force the prosecution to do just that. If there is no evidence of physical injury and/or no evidence that you were present when the victim was injured, the State’s case may boil down to your word against the word of the alleged victim. In that case, maintaining that the alleged victim was not injured and/or that you were not the one who caused the injury may be a winning defense.

It Was an Accident

During a heated argument, you may have unintentionally injured the alleged victim. In that case, you may be able to assert that the alleged victim was accidentally injured. This defense essentially admits that the alleged victim was injured; however, you did not have the required “mens rea” (state of mind) necessary to convict you of a crime.

Legal or Procedural Errors

This encompasses a broad array of things that the police may have done wrong during the investigation or arrest. For example, if the police failed to provide Miranda warnings and then elicited a confession from you, that confession may be inadmissible at trial because your Constitutional rights were violated. Likewise, if law enforcement officers conduct an illegal search, any evidence seized during that search may be excluded at a trial based on a violation of your 4^th Amendment right against unreasonable searches and seizures. Procedural errors, such as a break in the evidentiary “chain of custody,” may also be used as the basis of a winning defense strategy in a domestic violence prosecution.

What Should I Do If I Was Charged with Domestic Violence in Las Vegas?

Because the defense strategy employed for your case will depend on the unique facts and circumstances surrounding your arrest, it is in your best interest to consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your defense options. Call us at 702-707-7000 or contact us online.

Getting arrested and charged with driving under the influence (DUI) can be a frightening and confusing experience. One of the first decisions you will need to make after being arrested for DUI is whether to hire an attorney. To help you make the right decision, you need to understand why hiring a Las Vegas DUI attorney is crucial.

Bail Reduction

If this is your first arrest and no aggravating factors (such as serious injury or death) were present, your bail will likely be set low or you will be released on your own recognizance (OR’d), meaning you are released based only on your promise to return to court and follow all conditions of release. If, however, you have an extensive criminal history, have been convicted of DUI in the past, or there are aggravating circumstances involved, your bail may be set at an amount that you cannot pay. In that case, hiring an experienced Las Vegas DUI attorney is crucial because your attorney can request a bail hearing at which your attorney will argue for a reduction in the bail amount previously set.

Protecting Your Rights

As the defendant in a criminal prosecution, you have several important rights that are guaranteed to you in the U.S. Constitution. Not only will an attorney protect your rights going forward, but your attorney can also review what happened during the traffic stop that led to your arrest and your subsequent arrest and determine if any of your rights have already been violated. For example, if the police did not have a valid, legal reason to conduct the initial stop, that would be a violation of your rights. Likewise, if the police continued to question you after you asked for an attorney, your rights were violated, and your attorney can attempt to have any evidence obtained as a result of that violation excluded from the case.

Investigating Your Case

Some DUI cases are relatively straightforward, requiring very little investigation. Others, however, are more complicated. When that is the case, you should not have to rely on evidence gathered by the State to prepare your defense. Despite the fact that the State is legally required to turn over exculpatory evidence, you need an experienced Las Vegas DUI attorney on your side to conduct an independent investigation. It may turn out, for example, that the breath test machine has not been calibrated in years, potentially skewing the test results.  

Negotiating a Plea Agreement

The prosecuting attorney may offer you a plea agreement in return for you pleading guilty to driving under the influence. You should never accept a plea agreement before discussing the terms of that agreement with an attorney and having a complete understanding of the consequences of accepting the agreement. If, after consulting with your attorney, you decide that a plea agreement is in your best interest, you need an experienced Las Vegas DUI attorney to negotiate favorable terms for that agreement.

Defending You at Trial

Although the prosecutor may try to convince you to accept a guilty plea agreement, you are never required to do so. One of your constitutional rights is the right to have a jury of your peers decide the outcome of your case. You also have the right to waive your right to a trial by jury and allow a judge to render the verdict in your case. Before deciding how to proceed, you should discuss all options with an experienced Las Vegas DUI attorney. If you decide to proceed to trial, your attorney will mount an aggressive defense to try and avoid a conviction.

What Should I Do If I Was Arrested for DUI in Las Vegas?

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

Being involved in a motor vehicle accident can be a traumatic experience. Without thinking it through, you might even take off from the scene of an accident without waiting for first responders to show up. Later, you may start to wonder about the legal repercussions of leaving. Is hit and run a felony in Nevada?

Nevada Hit and Run Laws

In Nevada, leaving the scene of an accident, commonly referred to as “hit and run” is governed by Nevada Revised Statutes 484E.010 through 484E.040. Section 484E.010 states, in pertinent part, that:

“The driver of any vehicle involved in a crash on a highway or on-premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the crash or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the crash until the driver has fulfilled the requirements of NRS 484E.030.”

Section 484E.020 requires the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person to immediately stop his or her vehicle at the scene of the crash and safely fulfill the requirements of NRS 484E.030.

In short, Nevada law makes it clear that the driver of a vehicle involved in a crash is legally required to stop at the scene of the accident and that failing to do so is a criminal offense.

Understanding NRS 484E.030: What Else Am I Required to Do at the Scene of an Accident?

Not only are you legally obligated to stop and remain at the scene of an accident in Nevada, but you have additional legal duties as well. NRS 484E.30 requires the driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person to do all the following:

• Give his or her name, address, and the registration number of the vehicle the driver is driving and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in such crash.
• Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash.
• Render to any person injured in such crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

If no police officer is present at the scene of the accident, a driver is required to report the crash to the nearest office of a police authority or the Nevada Highway Patrol.

What Am I Required to Do If I Hit an Unattended Vehicle?

If you are involved in a crash with an unattended vehicle, Nevada Revised Statute 484E.40 requires you to:

• Immediately stop and attempt to locate and notify the operator or owner of such vehicle or other property.
• Provide your name and address.
• Securely attach a note to the vehicle or property with your name and address if you cannot locate the owner.

Is Hit and Run a Felony in Nevada?

Violation of Nevada’s hit-and-run law can be charged as a felony or a misdemeanor. Leaving the scene of a property-only accident is charged as a misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000.  If a person suffered personal injury or death in the collision, leaving the scene of an accident is charged as a class B felony in Nevada. The penalty for a felony hit-and-run conviction in Nevada is a minimum of two years, a maximum of 20 years in prison, and a fine of between $2,000 and $5,000. Moreover, you risk being charged with a separate count for each person who is injured or killed if you leave the scene of an injury accident in Nevada.

What Should I Do If I Was Arrested for Hit and Run in Las Vegas?

If you were arrested and charged with leaving the scene of an accident (hit and run) 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.