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 702-707-3000 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 702-707-3000 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 702-707-3000 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 702-707-3000 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 702-707-3000 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 702-707-3000 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 702-707-3000 or contact us online.

Fake IDs have been used by underage kids for as long as laws have been in place requiring you to be a certain age to purchase alcohol, tobacco, or gamble at a casino. Fake IDs are also used for more nefarious purposes, such as stealing an identity for financial gain or by fugitives to evade capture. Regardless of the motivation for having a fake ID, the penalties for being caught with one in Nevada can be serious, as explained by the Vegas Lawyers.

What Makes an ID a Fake ID?

In the eyes of the law, a “fake” ID is precisely what most people think it is — an altered or counterfeit document used to identify an individual such as a driver’s license, state identification card, passport, Las Vegas work card, or membership card.

What Are the Potential Criminal Offenses Associated with Possessing a Fake ID in Nevada?

The potential penalties you face if you are caught and subsequently convicted of possessing a fake ID in Nevada will depend, in part, on the circumstances surrounding your possession of the fake ID. The law in Nevada recognizes that there is a fundamental difference between a teenager using a fake ID to buy alcohol or gamble at a casino and a cyber-criminal using a fake ID to drain an elderly victim’s life savings out of their bank account. While they are technically the same crime (possession of a fake ID), the underlying motivations are significantly different.

Acknowledging that using a fake ID to get around age-restricted conduct, Nevada law makes it a misdemeanor to possess a fake ID “with the intention that (the fake ID) be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments.”

If you are caught in possession of a fake ID “ for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person,” Nevada law dictates that you can be charged with a Class E felony.

In short, you face misdemeanor charges if you are a teenager using a fake ID to pass as 18 or 21; however, expect to be charged with a Class E felony if you are caught in possession of a fake ID for any other reason.

What Other Crimes Might I Be Charged with Relating to Fake ID in Nevada?

If you are suspected of using a fake ID to commit fraud or forgery, you could be charged with a Class C felony in Nevada. You can also face a Class C felony charge for selling fake IDs in Nevada with the charges bumped up to a Class B felony if someone faces a financial loss of $3,000 or more as a result of selling (or giving away) personal information, if you sold five or more IDs, or if a victim involved in the case is considered a “vulnerable” person or is 60 years old or older.

What Are the Potential Fake ID Penalties in Nevada?

The potential penalties associated with fake ID offenses in Nevada will vary depending on the severity of the offense. For example, if you are convicted of a basic misdemeanor because you only had the fake ID to gain access to a bar, you face a maximum of six months in jail and/or a $1,000 fine. At the other end of the spectrum, you could be sentenced to up to 20 years in prison and ordered to pay up to a $100,000 fine if convicted of a Class B felony involving the sale of IDs where the victim was a “vulnerable” person or was over the age of 60.

What Should I Do If I Have Been Charged with a Fake ID Offense in Nevada?

If you were charged with an offense involving a fake ID in Nevada, 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 702-707-3000 or contact us online.

In today’s electronic world, computers are integral to everything from finding your future spouse to national security. Our reliance on electronics, however, has also led to a significant rise in cybercrimes. Though frequently viewed as less serious “white-collar crimes,” the potential penalties for a cybercrime conviction can be severe. To protect your freedom and your future, it is critical to have a thorough understanding of cybercrimes in NV.

What Is a Cybercrime?

A cybercrime can broadly be defined as any criminal activity that uses a computer or the internet. Common examples of cybercrimes include:

• Hacking: Gaining unauthorized access to a protected computer or information stored electronically.
• Identity theft: Identity theft usually happens in combination with hacking, using personal data without permission to assume their identity.
• Cyberextortion: Through the use of ransomware, the perpetrator attacks or threatens to attack and then demands something (usually money) to stop the attack.
• Child pornography and internet sex crimes: Downloading, distributing, or possessing photos/videos of child pornography and/or non-consensual sexual acts.
• Money laundering: Electronic financial transactions are increasingly used to “launder” the proceeds of criminal activities.
• Internet fraud: Numerous fraud scams, including phishing scams, use the internet to locate and lure victims.
• Stalking: Harassing or bullying over social media, email, or other electronic means.

How Common Are Cybercrimes?

As our dependence on computers continues to grow exponentially, so do instances of cybercrimes. In 2022, the Federal Trade Commission’s (FTC) Consumer Sentinel Network received over five million reports of cybercrimes. That same year, the Identity Theft Research Center (ITRC) Annual Data Breach Report indicated that over 440 million people were affected by a data breach. Unfortunately, Nevada has the unwelcome distinction of topping the list of states losing the most money to cybercrimes with over $6 million per 100,000 residents.

Who Investigates and Prosecutes Cybercrimes in NV?

In the United States, many crimes can be investigated and prosecuted by either the state or federal authorities – or by both. For federal law enforcement agencies to be involved in an investigation they must first have a reason to assert jurisdiction over the crime. In the case of cybercrimes, the very nature of the crimes typically gives the federal government jurisdiction because the conduct in question “crosses state lines.” The F.B.I., for example, “is charged with defending the U.S. against a full range of cybercrimes, including threats from hackers for hire, organized cyber syndicates, and state-sponsored malicious cyber actors.” Generally, federal law enforcement agencies investigate large-scale criminal enterprises while state law enforcement agencies focus on individuals or small groups committing crimes.

The State of Nevada, however, also has laws in place that directly address cybercrimes. Stalking, for instance, “with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony.”

If federal law enforcement agents investigate the crime, you will be prosecuted in federal court. If state (or county/city) law enforcement agents handle the investigation, you will be prosecuted by the State of Nevada. Keep in mind though that you can be prosecuted in both state and federal court.

What Are the Potential Penalties for a Cybercrime Conviction?

The potential penalties you face if convicted of a cybercrime can vary dramatically, depending on things such as whether you are prosecuted in state or federal court, the specific criminal offense involved, the injury to a victim (financial or physical), and your own criminal history (or lack thereof). Many cybercrimes, however, are charged as felonies, meaning you could be sentenced to a lengthy period of imprisonment if convicted.

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

If you have been charged with a cybercrime 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 702-707-3000 or contact us online.

If you are arrested and charged with driving under the influence (DUI) in Nevada, you will likely be asked to submit to a chemical breath test, commonly referred to as a “breathalyzer.” The results of that test may be used against you in court to help convict you of DUI. What you may not realize, however, is that breathalyzers are not infallible, meaning challenging a DUI breathalyzer is possible.

Nevada DUI Laws: Why Is Blood Alcohol Concentration (BAC) Important?

Historically, state DUI laws simply made it illegal to drive “while under the influence” or “while impaired.” Proving that someone was “under the influence” or “impaired” often proved challenging for prosecutors, resulting in a high rate of acquittals. With the advent of the breathalyzer, which is a brand name for a chemical breath test machine, states began to change their laws to include a presumption that a motorist is driving while under the influence if the motorist has a blood alcohol concentration (BAC) over 0.08 percent. Nevada law makes it illegal to operate or control a vehicle with a concentration of alcohol of 0.08 or more.

What Is a Breathalyzer?

Before the invention of the DUI breathalyzer test, a blood test was the only reliable way to test a person’s blood alcohol concentration. A blood test; however, is invasive, costly, and time-consuming. There is a direct relationship between the concentration of alcohol in your lungs and the concentration present in your blood, allowing a breath test machine to accomplish essentially the same thing as a blood test by testing your exhaled breath and applying a partition ratio using a complex chemical reaction. The alcohol vapor in your breath reacts with an orange solution known as potassium dichromate, turning the solution green. This color change creates an electrical current, which the breathalyzer can convert into a value that then provides a BAC.

Do I Have to Submit to a Chemical Breath Test in Nevada?

Nevada, like most states, has an implied consent law that effectively says that by operating a motor vehicle within the state you have given your consent to a chemical test if a law enforcement officer suspects you of driving under the influence. If you refuse a breath test, your driving privileges will be suspended for one year in addition to any suspension imposed by the court if you are ultimately convicted of DUI. Furthermore, Nevada law allows a law enforcement officer to use “reasonable force” to conduct a blood test if you refuse to submit to a breath test. Your refusal can also be admitted as evidence and used against you at trial to convince a judge or jury that you were driving under the influence.

Can I Challenge the Results of a Breathalyzer in Nevada?

Under perfect conditions, scientific studies have shown breath test machines to be fairly accurate at measuring a person’s blood alcohol concentration. Perfect conditions, however, rarely exist in the real world, meaning that DUI breathalyzer test results may not be as accurate as the prosecution would like the judge or jury to believe. In fact, there are numerous grounds on which the result of a chemical breath test may be challenged, including:

• Improperly calibrated machine: For a breath test machine to work properly it must be inspected and calibrated on a regular basis. A machine that has not been recently calibrated may not provide accurate results.
• User error: Administering a DUI breathalyzer test requires specialized training. If the operator lacks that training the results may be challenged.
• Failing to follow procedures: Very precise procedures must be followed when performing a chemical breath test, including observing the suspect for the required waiting period prior to administering the test.
• Rising blood alcohol content: The amount of alcohol in your blood continues to rise after you ingest your last drink. Sometimes a successful argument can be made that even though the results of your breath test showed your BAC was above 0.08, it would not have been above 0.08 at the time you were operating the vehicle.
• Medications: Certain medications can interfere with the accuracy of a chemical breath test.

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

If you were arrested and charged with DUI 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 702-707-3000 or contact us online.