Should You Tell Your Lawyer If You Are Guilty?

If you were arrested and have been charged with committing a crime, you are undoubtedly worried about the outcome of your case and how that will impact your future. Having an experienced criminal defense attorney on your side is the key to protecting your rights and future; however, you may be unsure about your relationship with your attorney. Specifically, you may be wondering whether you should tell your lawyer if you are guilty.

Am I Required to Tell My Lawyer If I Am Guilty?

The U.S. Constitution prohibits you from being compelled to admit guilt to anyone, including your attorney. Therefore, you are never required to admit guilt to your attorney.

Understanding the Job of a Criminal Defense Attorney

If this is your first brush with the criminal justice system, you may wonder how your criminal defense attorney can defend you if he/she doesn’t know whether you are guilty or not. The key is to understand the job of a criminal defense attorney. Your lawyer’s job is to prevent a conviction, when possible, by evaluating and questioning the State’s evidence against you. Remember, the prosecutor bears the burden of proving your guilt beyond a reasonable doubt. As such, your actual guilt or innocence is not the issue. At issue is whether the State can prove your guilt. Consequently, your criminal defense attorney does not necessarily need to know whether you committed the crime you are accused of committing in order to successfully do his/her job.

Will My Lawyer Ask Me If I Am Guilty?

Many defendants are surprised that their lawyer never asks them if they are guilty. In fact, there are strategic and ethical reasons why your lawyer may intentionally not ask you if you are guilty. One of those is that your lawyer cannot knowingly allow a client to commit perjury. That means that if you admit guilt after being asked, your lawyer cannot then put you on the stand and allow you to testify to your innocence.

While your lawyer may not directly ask you if you are guilty, your lawyer will ask you numerous other important questions. Providing honest answers is crucial if you want your lawyer to provide you with the best defense possible. Remember that your attorney is bound by attorney-client privilege, meaning that (with very rare exceptions) your attorney cannot disclose anything you share with him/her to anyone.

When Should I Admit My Guilt to My Lawyer?

Knowing that you are never required to admit guilt and that your lawyer will likely not ask you if you are guilty, you may be wondering if there are ever times when you should admit guilt to your lawyer. Ultimately, it is your decision; however, keep in mind that if you do decide to admit your guilt, your attorney will likely be unable to put you on the stand to testify if your case goes to trial. Typically, the only situation wherein admitting your guilt makes sense is when you are certain you wish to enter into a guilty plea agreement with the State and you need your lawyer to negotiate favorable terms for the agreement. In that case, you will be required to admit guilt for the judge to accept the agreement, making an admission not just harmless, but necessary.

Will My Lawyer Still Defend Me If I Am Guilty?

Absolutely! The focus of a criminal defense attorney is more on ensuring that your rights are not violated during the prosecution of your case and on forcing the prosecution to fulfill their burden of proving guilt beyond a reasonable doubt. If evidence was obtained via an illegal search, for example, your attorney will attempt to get that evidence excluded from trial because that is a violation of your Constitutional rights. The State should not be allowed to secure convictions at the expense of anyone’s rights, regardless of a defendant’s guilt or innocence.

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.

Navigating the Bench Trial Process in Nevada

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.

Caught with Fake IDs in Vegas: Legal Penalties and Defenses

In Las Vegas, underage people are often tempted to try and use a fake ID to purchase alcohol, marijuana, or tobacco as well as to gamble in one of the numerous casinos along the famous strip. If you are caught with fake IDs in Vegas, however, you may be charged with a criminal offense.

What Counts as a Fake ID in Nevada?

Typically, a fake ID refers to an altered or counterfeit driver’s license, state identification card, passport, Las Vegas work card, or membership card.

When Is Possession of a Fake ID a Misdemeanor in Las Vegas?

While an individual may possess a fake ID for more nefarious reasons, most people using a fake ID in Las Vegas do so because they are not yet legally old enough to gamble or purchase alcohol, tobacco, or marijuana. When a fake ID is used to purchase alcohol or to gamble, NRS 205.460 governs, making the offense a misdemeanor. Under that statute, it is a gross misdemeanor to sell, lend, or give away an altered or counterfeited document to be used to purchase alcohol or gamble while attempting to use or proffering an altered or counterfeited document is a misdemeanor.

When Might a Fake ID Lead to Felony Charges in Las Vegas?

When a fake ID is intended for use other than underage purchases or gambling, felony charges may be filed. NRS 205.465 makes it illegal 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.”

Under that statute, possession of false identification with the intent to establish a fake identity is charged as a Class E felony. Possessing a fake ID with the intent to carry out forgery, debit or credit card fraud, or online fraud bumps the potential charges up to a Class C felony, as does selling or transferring a fake ID.

You can be charged with a Class B felony for selling or transferring the personal identifying information of a vulnerable person or a person 60 years of age or older or if you sell or transfer identifying information for five or more people. Finally, it is also a Class B felony if you cause another person to suffer a financial loss or injury of $3,000 or more as a result of the sale or transfer of identifying information.

What Are the Potential Penalties for Being Caught with a Fake ID in Nevada?

If you are charged with a basic misdemeanor for simple possession of a fake ID used for underage purchases or gambling, you face up to six months in jail and/or a fine of up to $1,000. The potential penalties for selling or transferring a fake ID for the same purposes (a gross misdemeanor) include up to 364 days in jail and/or a fine of up to $2,000.

Potential penalties for more serious offenses related to a fake ID in Nevada include:

  • Possessing false identification to establish a fake identity (Class E felony) carries a potential term of imprisonment of one to four years and up to a $5,000 fine.
  • Possessing a fake ID to carry out forgery, debit or credit card fraud, or online fraud OR selling or transferring a fake ID (Class C felony) is punishable by one to 10 years in prison and up to a $10,000 fine.
  • Selling a fake ID to a vulnerable or older person, selling five or more fake IDs, or causing more than $3,000 in financial losses (Class B felony) subjects you to a prison sentence of up to 20 years and a fine of up to $100,000.

Do I Have a Defense If I Was Caught with a Fake ID?

The potential defenses available to you will depend on the unique facts of your case. Sometimes, for example, a defendant’s lack of intent to commit the crime is a viable defense, while in other cases the defense might focus on the illegal search that led to the discovery of the ID.

What Should I Do If I Am Caught with a Fake ID in Las Vegas?

If you were caught with a fake ID 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.

The Role of Exculpatory Evidence in Criminal Defense

In a criminal prosecution, the state bears the burden of proving the defendant’s guilt beyond a reasonable doubt. To do that, the prosecution must present evidence that proves each element of the offense. The defendant is not required to prove anything in a criminal prosecution; although, a defendant may choose to present evidence and testimony in his/her defense. What many defendants do not know is that the State also has a constitutional duty of due process to disclose material evidence favorable to a defendant. Whether uncovered by the prosecution or the defense, this evidence is referred to as “exculpatory” evidence.

What Is Exculpatory Evidence?

In a criminal prosecution, evidence presented by the prosecution to support the defendant’s guilt is referred to as “inculpatory” evidence. Conversely, “exculpatory” evidence is any evidence, whether uncovered by the prosecution or the defense, used to support the innocence of a defendant on trial.

What Are Some Common Examples of Exculpatory Evidence?

Exculpatory evidence can come in various forms, including tangible physical evidence, documentary evidence, and testimonial evidence. To help you understand what constitutes exculpatory evidence, consider some common examples:

  • Alibi evidence. Evidence proving that you were somewhere else at the time in question and, therefore, could not have committed the crime.
  • Eyewitness testimony. This refers to a person who can testify that they witnessed the crime, and you are not the person who committed the crime.
  • Video evidence. Video evidence may show the crime in progress and rule you out as the suspect.
  • DNA evidence. When DNA (or other forensic evidence) collected from a crime scene fails to match the defendant’s DNA, it provides evidence of the defendant’s innocence.

Is Exculpatory Evidence Necessary for My Defense?

While the existence of exculpatory evidence is always welcome, a defendant does not need to provide such evidence to avoid a conviction. Under the laws of the United States judicial system, the State bears the burden of proving a defendant guilty beyond a reasonable doubt. A defendant is not required to prove his/her innocence. Furthermore, if a defendant is found not guilty at trial, that finding is not equivalent to finding the defendant innocent. A “not guilty” verdict only means that the prosecution failed to meet its burden. If exculpatory evidence is admitted at trial, that evidence may serve to prove a defendant’s actual innocence; however, proving your innocence is not required to avoid being convicted of the charges against you.

Is the State Required to Turn Over Exculpatory Evidence to the Defendant?

In a criminal prosecution, the State (via various law enforcement agencies) conducts the initial investigation that leads to an arrest and the filing of charges against a suspect. During the course of that investigation, the State may uncover exculpatory evidence. If that happens, the prosecutor is required to turn that evidence over to the defendant. For example, if the prosecutor interviews a witness who is certain the defendant did not commit the crime, the prosecutor must disclose the existence of the witness to the defendant.

What Happens If the State Fails to Disclose Exculpatory Evidence?

If the State fails to disclose exculpatory evidence, a “Brady violation” occurs. Named after the case that established the rule, a Brady violation requires the following three components:

  1. The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching.
  2. The evidence must have been suppressed by the State, either willfully or inadvertently.
  3. Prejudice must have ensued.

If the court agrees that a Brady violation occurred, it can lead to the charges being dismissed, a mistrial, or even a reversal of a conviction. The prosecutor can even be charged with prosecutorial misconduct for committing a Brady violation.

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.

What Happens If You Get Caught Cheating In Vegas?

Las Vegas is known as the entertainment and gambling capital of the world. However, there is one gamble that you might not want to take in Nevada: cheating the casinos. It’s not just lousy gamesmanship, it’s against the law and can cause you to incur severe penalties if convicted.

Gaming and gambling taxes make up a large portion of the tax revenues collected by the state of Nevada. With that in mind, you can see why the state has strict laws against defrauding casinos.  Casinos are not just casual entertainment, they’re big business here in Nevada.   

If you’ve been charged with defrauding the casino, it’s in your best interest to consult with an experienced Las Vegas criminal defense lawyer as soon as possible.  My boss, Tony Abbatangelo, is well-versed in defending these types of fraud cases and we’ve worked on many of them together.   

What Are The Consequences For Cheating?

Whether it’s a small establishment or a well-known brand, getting caught cheating the casino can result in embarrassment, lost money, and felony charges.

Getting Detained by Casino Security | The Vegas Lawyers

Forfeiture of Your Winnings

Those caught cheating at the casino are likely to have all winnings seized. The casino has the right to seize your earnings even if they just suspect you of cheating.

Detained by Casino Security

Casino security staff have the right to reasonably detain you until the police come if they suspect you of or catch you cheating. For the most part, the casinos and their security don’t face criminal actions for detaining suspected cheaters.

However, they must have probable cause. Additionally, casino staff must provide an adequate “holding facility” and adhere to time limitations regarding the period of detainment.

Banned by The Casino

Not only can the casino ban you from its premises, but it can also share your information with the Nevada Gaming Commission as well as other casinos. That could lead to you being blacklisted from many Las Vegas casinos.

Criminal Charges

Last but certainly not least, you could face felony criminal charges for cheating the casino. According to NRS 465.083, “It is unlawful for any person, whether the person is an owner or employee of or a player in an establishment, to cheat at any gambling game.”  

The consequence for doing so is a category “C” felony. Implications for a first-time offender include:

  • Up to $10,000 in fines
  • Restitution paid to the casino
  • 1-5 years in prison

Repeat offenders face more severe penalties. It should also be noted that individuals convicted of “attempting or conspiring” to defraud a gambling establishment can also be charged with a category C felony. That’s true even if they didn’t successfully complete the crime.

If you’re facing felony charges for gambling in Las Vegas, you should consult with an experienced criminal defense lawyer as soon as possible. If you can prove to the courts that you did not have criminal intent, your charges may be reduced or dropped.

Nevada Laws Against Cheating The Casino

Gambling is an integral part of Nevada’s culture and a significant source of revenue for the state. With that in mind, the Nevada legislature makes sure that the public is aware of its  commitment to the casino and hospitality industry by issuing a declaration in NRS 436.0129 essentially saying:

  1. The gaming industry is vitally important to the economy and general welfare of Nevada and its people.
  1. The continued growth of the gaming industry is dependent upon honesty and public confidence.
  1. Strict regulations are required to maintain public confidence.
  1. All gaming establishments and organizations must adhere to the law and regulations to preserve the “competitive economy and free policies within the State of Nevada.”
  1. All gaming activities must be open to the general public and accessible other than exceptions made by the legislature.

Since the gaming industry is so vital to Nevada’s success, those charged with defrauding the casino can expect the prosecution to push for harsh penalties to deter others from engaging in similar conduct.

Do Las Vegas Casinos Cheat?

Nevada heavily regulates its casinos. A casino or gaming establishment known to cheat isn’t good for tourism, the state’s economy, or Nevada’s inhabitants. However, that doesn’t mean that a casino won’t cheat you or falsely accuse you of cheating to seize your winnings.

For the most part, licensed casinos (especially well-known brands) go to great lengths to ensure their establishments are doing everything “by the book.” However, there is a much greater chance of a gambler being cheated by smaller, lesser-known, illegal casinos.

Cheating the casinos | The Vegas Lawyers

What To Do If You’re Charged With Cheating A Casino

If a casino suspects you of cheating, it’s security will call the police. If security personnel  attempt to detain you while they wait for law enforcement, it’s in your best interest to comply.  Becoming violent, aggressive, or fleeing the establishment can result in additional charges and an unfavorable impression on the courts.  During this period of detention, it’s best not to say anything that can incriminate you or be twisted by casino security to make you look guilty.  Beware you’ll likely be detained in a location where there are security cameras so if you’re talking, they’ll have video capturing everything you’re saying.  This can be both good and bad.  Good if you’re innocent and bad if you’re guilty.     

Whether you’re charged with cheating, and it was a simple misunderstanding, or you attempted to defraud the casino, it’s in your best interest to hire a Las Vegas criminal defense lawyer to discuss your options and mount a strong defense.  The casinos have tremendous resources and influence in Nevada.  The best way to give yourself a fighting chance is to hire a seasoned and experienced criminal defense lawyer.  

Don’t Gamble With Your Lawyer

I’m not a lawyer but I work with some really good ones.  Nothing in this blog is intended to be legal advice.  Instead, the purpose of this blog is to educate and inform.  If you’re facing criminal charges involving cheating a casino, the best thing you can do for yourself is consult with a really good criminal lawyer.  Call us today at (702) 707-7000 for a free and confidential consultation. 

A Guide to a Las Vegas Warrant Search: Tips, & Resources

If you have an active warrant in Las Vegas, you could wind up in jail because the warrant shows up during a routine traffic stop. To avoid such a scenario, it is in your best interest to perform a Las Vegas warrant search and to address the warrant immediately if one does exist.

Las Vegas warrant search

What Is the Difference between a Bench Warrant and a Search Warrant?

While either a bench warrant or an arrest warrant could result in your arrest, these are different types of warrants. An arrest warrant is issued when a judge is convinced that there is probable cause to believe you committed a criminal offense. Think of an arrest warrant as “step one” in a criminal prosecution in which you are the defendant. Once an arrest warrant has been issued, law enforcement agencies may actively search for you to arrest you.

A bench warrant, on the other hand, can be issued for a variety of reasons and may be issued at any point during a criminal prosecution. A bench warrant can even be issued after the conclusion of a criminal case because this type of warrant is based on a violation of court rules. For example, if you fail to appear at a court hearing, or you fail to report to probation as directed, the court might issue a bench warrant.

The first step in getting a warrant recalled or vacated is to find out that a warrant is active. There are several ways to conduct a Las Vegas warrant search. If you believe the warrant was issued within the city limits, you can try navigating to the City of Las Vegas warrant search website and provide the requested information. You can also call the following courts as part of your Las Vegas warrant search:

  • Las Vegas Municipal Court (702) 229-6201
  • No Las Vegas Municipal Court (702) 633-1130
  • No Las Vegas Justice Court (702) 455-7801
  • Henderson Justice Court (702) 455-7951
  • Clark County Justice Court (702) 671-3201

The best way to ensure that your search for active warrants is conducted thoroughly and accurately, however, is to contact an experienced Las Vegas criminal defense attorney. Along with knowing that you have covered all the bases in your search for warrants, involving an experienced attorney allows you to immediately and efficiently address a warrant if one is uncovered.

What Should I Do If I Have a Las Vegas Warrant?

If your own Las Vegas warrant search turns up an active bench warrant, a motion must be filed with the court to get the warrant quashed (remove the warrant). The court will typically set the matter for a hearing at which time you or your attorney can address the underlying basis for the warrant.

If you have an active arrest warrant, you will have to be “processed” before the warrant can be recalled. Processing is where they take your fingerprints and “mug” shot. While there is rarely a way around being officially arrested when you have an arrest warrant, having an experienced Las Vegas criminal defense attorney on your side can help you get through the process as quickly and smoothly as possible. Your attorney may be able to arrange to have your bail paid ahead of time or even get your bond reduced and, if a hearing is required, your attorney may be able to get you scheduled on the court’s docket as soon as possible, so you do not have to remain in jail any longer than necessary.

What Should I Do If I Am Concerned about a Las Vegas Warrant?

If you are concerned that you have an active arrest warrant in or around Las Vegas, contacting an experienced criminal defense attorney at The Vegas Lawyers is in your best interest. We can confirm that a warrant is active or assure you that you have no warrants. If you do have an active warrant, we will work with you to address the warrant as quickly as possible. If you are worried about a Las Vegas warrant, call us at 702-707-3000 or contact us online.

If You Have a Warrant, Can You Just Pay It? What to Know

If you have reason to believe you have an active warrant, you understandably want to know what your options are for dealing with the warrant. For example, if you have a warrant can you just pay it? Will you be required to go to a court hearing or be arrested if you have an active warrant? Because every situation involving a warrant is unique, your best bet is to consult with an experienced Las Vegas criminal defense attorney. In the meantime, however, it helps to learn more about your legal options when you have an active warrant.

If you have a warrant can you just pay it in Las Vegas, Nevada

Bench Warrant vs. Arrest Warrant?

There are two types of warrants that could be issued: a bench warrant or an arrest warrant. A bench warrant is issued when a judge believes you violated an order of the court, while an arrest warrant is issued when a judge is convinced there is sufficient probable cause to believe you committed a criminal offense.

Can I Just Pay a Warrant?

Unfortunately, it is rarely as simple as “paying” a warrant if you want the warrant to go away. You may, however, need to pay a fine, court costs, child support, or another court-ordered financial obligation as part of the process of getting a bench warrant quashed. It is important to understand though that even if you fulfill the financial obligation, a bench warrant does not automatically go away. A motion must be filed with the appropriate court asking the court to quash (get rid of) the warrant. The court may rule on the motion without a hearing or may require you to appear at a hearing before deciding whether to quash the warrant. To ensure that a bench warrant has been officially quashed, it is best to work with an experienced attorney.

If the warrant is an arrest warrant, you cannot pay to have it recalled. Moreover, an arrest warrant is not based on a financial obligation. The only way to get an active arrest warrant dealt with is to turn yourself into the police or work with an experienced criminal defense attorney and arrange for you to go through the official steps involved in being arrested and processed. Your attorney may be able to make the process less stressful and be able to move the process along faster.

How Do I Know How Much to Pay and Who to Pay If I Have a Bench Warrant?

Another important reason to work with an attorney when you have a bench warrant is to ensure that you understand exactly how much money you owe and who you owe. For example, if you are behind on child support, you likely need to pay the Clerk’s office (not the child’s parent) and you should get a current arrearage report before making any payments to find out exactly how far behind you are. Likewise, if you owe court fines or fees, you need to make sure you know how much you owe to avoid making a payment that fails to result in resolving the basis of the warrant.

What Should I Do about a Las Vegas Warrant?

If you have reason to believe that you have an active warrant, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible. We can check on the warrant and discuss your legal options with you. Before trying to pay off a Las Vegas warrant, call us at 702-707-3000 or contact us online.

Parole vs Probation: Key Differences & What You Need to Know

If you are convicted of a criminal offense, either because you entered into a guilty plea agreement with the State or because you were found guilty at trial, you may end up spending some time on probation or parole. While people often use those terms interchangeably, they are not the same thing. Whether you are currently facing criminal charges or have already been sentenced, it is important to understand the similarities and differences between parole vs. probation.

parole vs probation with handcuffs and gavel

What Is Probation?

Probation is a sentencing alternative that can be used in lieu of, or in addition to, incarceration that allows someone who has been convicted of a crime to remain in the community under the supervision of a probation officer. Typically, a defendant is sentenced to a period of incarceration with some or all that time suspended under the condition that the defendant spends that time on probation. For example, you might be sentenced to spend 365 days in jail with 335 days suspended and 335 days on probation. In that case, you would spend 30 days in jail followed by 335 days on probation.

The judge presiding over the prosecution of your case is the one who sentences you to probation and that court retains jurisdiction over you while you are on probation. While on probation, you will be supervised by a probation officer and be required to abide by standard and special conditions. Standard conditions of probation apply to all probationers and include things such as maintaining employment, abstaining from drugs and alcohol, and reporting to your probation officer on a regular basis. Special conditions apply to you specifically based on your history and/or the facts of the case and include things such as abiding by a no-contact order, completing a drug or alcohol rehabilitation program, or paying restitution for damages.

What Is Parole?

Parole is not part of a defendant’s sentence. Instead, parole is a period of supervised release that follows a period of incarceration in the state or federal prison system. Parole is granted by the Parole Board, not by a judge, and allows an inmate to be released before finishing his/her entire sentence, but only after the inmate has served the applicable mandatory minimum sentence. The time remaining on the inmate’s sentence is then spent on parole. While on parole, the individual is subject to the jurisdiction of the Parole Board and is under the supervision of the Nevada Division of Parole and Probation (P&P). The conditions of parole are very similar to those of probation.

Parole vs Probation: What Happens If I Violate the Terms and Conditions of Parole or Probation?

One of the most important differences between probation and parole can be found in the procedures and consequences of a violation; although, a violation of probation or parole could result in a return to jail or prison.

Because the original sentencing court retains jurisdiction over you while you are on probation, an alleged violation of probation is addressed by that court. You have the right to have an attorney represent you at a probation violation hearing, a right you should exercise given what is at stake. If the judge finds that you did violate your probation, the judge may simply issue a warning, add additional time or conditions to your probation, or revoke your probation and order you to spend time in jail.

Parole violations are addressed by the Parole Board, the same people who granted you parole in the first place. The potential consequences of a parole violation are similar to those of a probation violation and may include a return to prison to finish out the remainder of your original sentence if the Parole Board deems the violation to be a serious one.

What Should I Do If I Am Facing a Parole or Probation Violation?

If you have formally been charged with violating probation or parole, or you have reason to believe you will be facing allegations of a violation in Las Vegas, it is in your best interest to speak to an experienced criminal defense attorney at The Vegas Lawyers right away by calling 702-707-3000 or contacting us online.

Is a DUI a Felony? The Truth Behind DUI Charges

Despite impressive campaigns by both government authorities and private advocacy groups aimed at getting motorists to refrain from driving while under the influence, drunk driving deaths still occur every 50 minutes across the United States and one out of every three motor vehicle crash fatalities involves a driver driving while under the influence. Not surprisingly, penalties for driving under the influence have been increased in many states to discourage drivers from getting behind the wheel after consuming alcohol or ingesting a controlled substance. If you have been arrested in Nevada for DUI, it’s important that you understand if a DUI is a felony and the potential penalties involved if you are convicted.

Police cars at site that is a DUI a felony in Las Vegas, Nevada

What Is a DUI in Nevada?

In the State of Nevada, driving under the influence is governed by Nevada Revised Statute § 484C.110 which makes it illegal to operate a motor vehicle:

  • While impaired by drugs or alcohol.
  • With a blood alcohol content (BAC) of 0.08% or higher.
  • While under the influence of a controlled substance.

While most people equate DUI with having a BAC of 0.08 percent or higher, it is important to understand that you can be charged and convicted of DUI in Nevada without the results of a chemical test or with results indicating a BAC of less than 0.08 percent.

Is a DUI a Felony in Nevada?

Typically, DUI is charged as a misdemeanor in Nevada if it is a first or second offense; however, some circumstances can result in even a first-time DUI being charged as a felony. A DUI may be charged as a felony in Nevada if any of the following apply:

  • Third or subsequent DUI. If you have two prior DUI convictions within the previous seven years, this DUI will be charged as a felony.
  • Prior felony DUI. You will be charged with a felony DUI if you have a previous conviction for a felony DUI.
  • Injury or death. If you cause substantial bodily harm to another person while driving under the influence, you can be charged with felony DUI.
  • Vehicular homicide. If you have at least three prior DUI convictions, and you caused a death, you can be charged with DUI as a felony.

What Penalties Do I Face If Convicted of DUI in Nevada?

The potential penalties for a DUI conviction in Nevada will depend on whether you are convicted of a misdemeanor or felony offense.

If you are convicted of a misdemeanor DUI, you may be sentenced to spend two days to six months in jail, pay a fine of $400-$1,000, and be required to install (and pay for) an ignition interlock device in your vehicle and/or have your driving privileges suspended for six months along with a variety of other fees and sentencing requirements. A second DUI conviction carries a minimum sentence of ten days in jail, a license suspension of one year, and increased fines and fees.

If you are convicted of a felony DUI in Nevada, the potential penalties increase significantly. A third DUI conviction within seven years is charged as a Class B felony and carries with it a sentence of one to six years in prison, a fine of up to $5,000, and a three-year license suspension. For a vehicular homicide conviction, you could be sentenced to life in prison in Nevada.

Whether you are convicted of DUI as a misdemeanor or felony, there are a multitude of additional non-judicial penalties to consider, such as lost employment opportunities, increased insurance rates, and problems with your immigration status if you are not a United States citizen.

What Should I Do If I Have Been Charged with DUI in Nevada?

If you have been charged with driving under the influence (DUI) in Nevada, it is in your best interest to speak to an experienced criminal defense attorney at The Vegas Lawyers right away to discuss possible defenses and to better understand your legal options. You can reach us by calling 702-707-3000 or https://thevegaslawyers.com/contact-us.

Involuntary Manslaughter Sentence: Understand Key Facts

The killing of a human being is a criminal offense in the State of Nevada. Exactly what criminal offense you are charged with and what penalties you face if you kill someone will depend on the facts and circumstances surrounding the killing. If you are charged with involuntary manslaughter, for example, you need to understand what the State must prove to convict you and what sentence you face if convicted.

Attorneys going over involuntary manslaughter sentence in Las Vegas, Nevada

How Does Nevada Law Define Involuntary Manslaughter?

Nevada Revised Statutes Section 200.70 governs the crime of involuntary manslaughter defined 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.”

What Must the State Prove to Convict Me of Involuntary Manslaughter in Nevada?

In simpler terms, a person commits involuntary manslaughter if they unintentionally kill someone while they are committing an unlawful act or a lawful, but negligent, act.

To better understand what constitutes involuntary manslaughter in Nevada it may help to consider some examples of killings that would likely be charged as involuntary manslaughter, such as:

  • Operating a construction crane while under the influence and killing someone because you were not paying attention.
  • Failing to make sure a gun is unloaded before cleaning it and the gun discharges, killing someone.
  • When running from the police you drop a baggie of heroin that is picked up by a child who ingests it and dies.
  • While breaking into a house you unintentionally start a fire that kills the homeowner who (unbeknownst to you) was asleep in the home.

In each of these scenarios, the killing was unintentional. In the first two scenarios, someone was killed while you were negligently committing a lawful act while the last two killings occurred during the commission of an unlawful act. Note that vehicular manslaughter is not included within the definition of involuntary manslaughter.

What Is the Potential Sentence for an Involuntary Manslaughter Conviction in Nevada?

Involuntary manslaughter is the least serious of all possible criminal offenses related to a homicide or killing. Charged as Class D Felony, involuntary manslaughter carries a potential term of imprisonment of one to four years and/or a fine of up to $5,000. You may also be ordered to serve time on probation in addition to, or in lieu of, time in prison.

Along with understanding the sentencing options for an involuntary manslaughter conviction, it is equally important to understand the indirect implications of a conviction. For example, you will have a felony conviction on your criminal record. You may be eligible to have that record sealed five years after you complete your sentence; however, even sealing a record does not completely erase the record. You may also face deportation if you are not a U.S. citizen and lose eligibility for future employment.

What Should I Do If I Was Charged with Involuntary Manslaughter in Nevada?

If you have been charged with involuntary manslaughter in Las Vegas, the key to protecting your rights, your freedom, and your future is to consult with an experienced criminal defense attorney at The Vegas Lawyers right away by calling 702-707-3000 or contacting us online.