As a popular vacation destination, Las Vegas sees more than its share of vehicular traffic on a daily basis. When a driver is involved in a collision that results in injury or death, the driver may face civil as well as criminal consequences. Criminal liability may apply under one of the various Nevada laws related to vehicular crimes, including hit and run, vehicular manslaughter, and negligent homicide. To help you understand what criminal charges you could be facing, the Vegas Lawyers explain vehicular crimes in Nevada. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

How Is “Hit and Run” Defined in Nevada?

Under Nevada law, you have certain obligations and responsibilities if you are involved in a motor vehicle accident. Specifically, you are required to stop at the scene of the accident, render aid if it is needed, and provide your name, registration, and address to anyone else involved in the accident. Furthermore, you must file a Nevada SR-1 accident report within 10 days of the accident if the police do not respond to the accident scene. Failing to fulfill your obligations under the law can result in criminal charges being filed against you for “hit and run.”

Leaving the scene of a property damage only accident (property “hit and run”) is charged as a misdemeanor in Nevada. If you are convicted, you face up to six months in jail and/or a fine of up to $1,000 along with demerit points charged against your driver’s license. If you leave the scene of an accident that caused injury or death (injury “hit and run”) you can be charged with a Category B felony for each person injured or killed in the accident. If convicted, you may be sentenced to two to 20 years in prison and/or a fine of up to $5,000.

What Constitutes Vehicular Manslaughter in Las Vegas?

Governed by NRS 484B.657, vehicular manslaughter occurs when a driver’s negligence causes the death of another person. Negligence can refer to an act or an omission on the part of the driver. For example, if you were distracted by your cell phone or by another occupant of the vehicle, and that distraction caused or contributed to a fatal accident, you could be charged with vehicular manslaughter. Likewise, if you knew that your brake lights were inoperable but failed to fix them and that failure caused or contributed to a collision that resulted in a fatality, you could be charged with vehicular manslaughter. In Nevada, vehicular manslaughter is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine if convicted. Note that if the accident occurred in a work zone or pedestrian safety zone, the penalties can be enhanced.

Can Reckless Driving Be a Vehicular Crime in Nevada?

In Nevada, you can be charged with reckless driving for drag racing, “trick” driving, or “driving with willful or wanton disregard of the safety of persons or property.”  If your reckless driving results in a collision with a pedestrian or bicyclist, you could be charged with a misdemeanor or a gross misdemeanor, punishable by up to a year in jail and/or up to a $1,500 fine along with significant community service work and a lengthy license suspension.

Reckless driving can be elevated to a Category B felony in Nevada if it results in a fatal accident. For example, if you are drag racing and get into an accident that kills someone, you could be charged with a Category B felony, punishable by a minimum of one to six years in prison and/or up to a $5,000 fine. If you were operating the vehicle at a rate of speed that is 50 miles per hour or more over the posted speed limit or the accident occurred in a work zone or pedestrian safety zone, the potential maximum sentence is increased to 10 years in prison.

What Is Vehicular Homicide in Las Vegas?

Under Nevada law, vehicular homicide can be charged if an accident results in serious bodily harm or death and any of the following apply:

• The driver was under the influence of alcohol and/or drugs.
• The driver has a prohibited amount of a controlled substance in their blood.
• The driver had a blood alcohol content (BAC) of 0.08 percent or higher within two hours of driving.

Vehicular homicide under these conditions is charged as a Category B felony in Nevada, punishable by two to 20 years in prison and/or a fine of up to $5,000 along with a lengthy license suspension if convicted.

Vehicular homicide can be elevated to a Category A felony, punishable by 25 years to life in prison, if you have three previous DUI convictions and are ultimately convicted of driving under the influence and being involved in an accident that results in the death of another person.

What Should I Do If I Have Questions about Vehicular Crimes in Nevada?

If you have additional questions about hit and run, vehicular manslaughter, negligent homicide, or other vehicular crimes in Nevada, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Protective orders, commonly known as restraining orders, are designed to safeguard individuals who have experienced threats, harassment, or abuse from a partner or relative. In Nevada, obtaining a restraining order is a relatively simple process, which unfortunately means that some are issued based on inaccurate or exaggerated claims. If you are the Respondent in a Nevada restraining order, it is essential to understand your rights and the legal steps you should take to defend yourself. Toward that end, the Vegas Lawyers discuss what Respondents should know about a Las Vegas protective order. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

What Is a Restraining Order in Nevada?

In Nevada, there are several different types of restraining orders that can be issued, based on the type of threat or harm involved. A restraining order may be issued based on harassment in the workplace, harm to minors, or sexual assault. The most common type of restraining order, however, is based on allegations of stalking or harassment by an intimate partner. Under Nevada law, harassment occurs when a person threatens to:

• Harm another person in the future, damage another person’s property, confine or restrain another person, or do any act intended to substantially harm another person’s physical or mental health or safety; AND
• The person’s words or conduct causes the applicant to reasonably fear that the threats will be carried out.

Stalking occurs when a person “engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their immediate safety or that of a family or household member, AND the person applying for the restraining order actually feels terrorized, frightened, or intimidated, harassed, or fearful for their immediate safety or that of a family or household member.

How Is a Restraining Order Obtained in Nevada?

To obtain a Temporary Protective Order (TPO), which can only remain in effect for up to 45 days, an applicant (referred to as the “Petitioner”) need only file the required paperwork with the appropriate court alleging that they have been the victim of stalking, harassment, threats, or abuse.  A judge can issue an “ex parte” Order based solely on the applicant’s allegations, without the Respondent’s input. If the judge issues a TPO, the court will attempt to serve the Respondent with the Order along with a summons for a hearing. At the hearing, the Respondent will have the opportunity to defend the allegations made by the Petitioner. If the judge is convinced that there is sufficient evidence that a Protective Order is needed, an Extended Protective Order (EPO) will be granted for up to two years.

What Does It Mean If a Protective Order Is Issued in Nevada?

Whether it is a TPO or an EPO, a Restraining Order can prohibit the Respondent from doing several things, such as:

• Entering your home (even if your name is on the lease or title).
• Contacting the Petitioner in any way, including through a third party.
• Going to the Petitioner’s workplace or school.
• Possessing or purchasing a firearm.
• Leaving the jurisdiction with your children.

What Happens If I Violate a Nevada Restraining Order?

Even though a TPO can be issued before the Respondent has the opportunity to mount a defense against the allegations in the Petition, it is crucial to understand that the Respondent is legally required to abide by the terms and conditions of the Order. The prohibitions in a Restraining Order are just that – orders of the court.

If you are the Respondent to a TPO, and you violate the Order, you can be charged with a criminal misdemeanor. If convicted, you face up to six months in jail and/or a fine of up to $1,000 for a first offense. A second conviction for violating a Nevada Restraining Order is punishable by up to 364 days in jail and/or a fine of up to $2,000.  Further convictions for violations of a Nevada Restraining Order are potentially punishable by up to four years in prison and/or up to a $5,000 fine. Violating an EPO can result in being charged with a Category C felony, punishable by up to five years in prison and/or up to a $10,000 fine.

Do I Need an Attorney If I Am the Respondent to a Nevada Restraining Order?

If you are served with a TPO and notified that there is a hearing scheduled to consider the issuance of an EPO, it is in your best interest to consult with an attorney immediately. If an EPO is granted, it can impact your property rights, your relationship with children, and your right to possess firearms. You have the right to defend against the allegations made in the Restraining Order Petition. The best way to exercise that right and ensure that all your rights are protected is to have an experienced criminal defense attorney on your side.

What Should I Do If I Am the Respondent to a Nevada Restraining Order?

If you have been served with a Petition for a Restraining Order, consult with a Law Vegas 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 have a conviction for driving under the influence (DUI) in Las Vegas, the negative ramifications of that conviction can follow you forever. Future employers, landlords, and even neighbors can easily find out that you have a DUI conviction. Fortunately, you may be entitled to seal your criminal record, meaning that your DUI conviction will not be accessible to the general public. The Vegas Lawyers explain what is involved in sealing a DUI criminal record in Las Vegas. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

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

Many people mistakenly believe that sealing a criminal record means it is permanently erased; however, sealing a record does not destroy the record. Instead, the record is removed from public access and stored separately, preventing most individuals, including employers and landlords, from viewing it during a routine background check. While the public cannot see a sealed record, it is important to understand that it is not erased and that certain government employees, agencies, or individuals authorized by a court order can still access it for specific purposes permitted under Nevada law.

Can I Seal My DUI Criminal Record in Las Vegas?

Nevada has a relatively expansive record sealing law that allows most criminal records to be sealed after a requisite waiting period as follows:

• Category A, felony crimes of violence, and residential burglary: 10 years
• Battery domestic violence and misdemeanor DUI: 7 years
• Category B, C, or D felony: 5 years
• Category E felonies, gross misdemeanors, misdemeanor battery, harassment, stalking, or violation of a protection order: 2 years

Can I Get a Felony DUI Sealed in Las Vegas?

While it is possible to have a misdemeanor DUI criminal record sealed in Las Vegas if the relevant waiting period has passed, Nevada law does not allow you to seal a felony DUI criminal record. If your conviction is for a felony DUI, talk to an experienced criminal defense attorney about the possibility of petitioning the court to have your conviction reduced to a misdemeanor. If you successfully get the conviction reduced to a misdemeanor, you could be eligible to have the record sealed.

What Are the Steps Involved in Sealing My Dui Criminal Record in Las Vegas?

You must meet the Nevada requirements to be eligible to seal your DUI criminal record. If you meet the statutory requirements, the steps that are typically involved in the record sealing process include:

1. Obtaining a SCOPE Report: You must obtain a “Shared Computer Operations for Protection and Enforcement” (SCOPE) report from the law enforcement agency that arrested you.
2. Obtaining a Judgement of Conviction and Discharge:  You must also obtain a copy of the “Judgment of Conviction and Discharge” for each conviction that you wish to seal. This shows the date that the conviction was “closed” which is used to calculate the applicable waiting period.
3. Preparing Your Documents: You must prepare a Petition, an Affidavit, and proposed Order to be filed with the appropriate Court.
4. Sending Documents to the District Attorney’s Office: A copy of all your record sealing documents must be delivered to the District Attorney’s Office for review.  If everything is in order, the D.A.’s Office will sign the Order which serves as their stipulation to the sealing of the record.
5. Filing Documents with the Court: If you have obtained the signed Order to seal the record, then it is time to file your documents with the appropriate court for the judge to review.  Hopefully, the judge will sign off on the sealing of the record.
6. Distributing Copies: Once you have the sealed Order, you must distribute copies to all law enforcement agencies that have a criminal record for you. Only then is the law enforcement agency required to seal your DUI criminal record within their database.

What Should I Do If I Have Questions about Sealing My DUI Criminal Record in Las Vegas?

If you have additional questions about sealing a DUI criminal record in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Like many states, Nevada law recognizes your 2^nd Amendment rights. At the same time, Nevada also imposes strict regulations on how firearms may be purchased, sold, owned, used, and transferred. Violating one of Nevada’s firearm laws can result in serious criminal charges being filed against you and, if convicted, could subject you to a lengthy prison sentence and hefty fines. Understanding the relevant firearms offenses and the potential defenses available is critical if you are charged with a gun-related charge in Nevada. If you have specific questions about gun and firearm offenses in Nevada, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Offenses Related to Carrying a Firearm in Nevada

Nevada is an “open carry” state which means that you can purchase or carry a firearm that is “openly visible” without needing to obtain a permit or register the firearm. If you wish to conceal carry a firearm, however, Nevada law requires you to obtain a permit. Violating Nevada’s concealed carry law is charged as a Class C felony and carries a prison term of up to five years and/or a fine of up to $10,000 if convicted.

While Nevada is an open carry state, there are certain individuals who are prohibited from possessing firearms under Nevada law, including convicted felons, fugitives, individuals addicted to controlled substances, those convicted of domestic violence or stalking, undocumented immigrants, and persons adjudicated as mentally ill. A felon, fugitive, or drug addict in possession of a firearm is charged as a Category B felony, punishable by one to six years in prison and up to a $5,000 fine.

In addition, if you are the Respondent in a restraining order, you must surrender your guns and refrain from possessing firearms. Violation of the prohibition against firearms related to a restraining order is charged as a gross misdemeanor, carrying up to 364 days in jail, and/or a fine of up to $2,000 if convicted.

Offenses Related to Discharging a Firearm in Las Vegas

While it may be legal to openly carry, or even conceal carry, a firearm in Las Vegas, Nevada law makes it a crime to discharge a firearm in a public place, within a vehicle or building, or in a populated area in a wanton or malicious manner. Firing a gun from a vehicle or structure in a populated area is a Category B felony, carrying two to 15 years in prison and fines up to $5,000. Shooting into an occupied building or vehicle is also charged as a Category B felony, punishable by one to 10 years in prison and a $5,000 fine.

Offenses Related to Using a Firearm in the Commission of a Crime

If you use a firearm during the commission of a crime, you may face enhanced penalties. Your sentence may be doubled, up to an additional 20 years in prison, if you are convicted and the court enhances your sentence because of the use of a firearm.

Selling or Transferring Firearms to Prohibited Persons

It is also illegal to sell or give a firearm to someone who is legally prohibited from possessing one in Nevada. This includes fugitives, felons, or someone who is mentally ill. A violation of this law is charged as a Category C felony in Las Vegas, punishable by one to 10 years in prison and a fine of up to $10,000.

Nevada Ghost Guns Laws

In 2022, Nevada enacted legislation prohibiting the manufacture or assembly of firearms that lack a federally issued serial number. The sale, possession, or transport of a “ghost gun” is a gross misdemeanor for a first offense, punishable by up to 364 days in jail and/or a $2,000 fine. A second or subsequent offense is a Category D felony, which carries one to four years in prison and fines of up to $5,000. There are exceptions to Nevada’s “ghost gun” law for antique firearms and those that have been rendered permanently inoperable.

Defense Strategies for Gun and Firearm Offenses in Las Vegas

If you are charged with a gun or firearm offense in Las Vegas, an experienced criminal defense attorney may employ any of a variety of defense strategies, depending on the unique facts and circumstances of your case. Common defense strategies include:

• Illegal search and seizure: If the police seized evidence, including a firearm, through an illegal search, your attorney may be able to get that evidence excluded, meaning it cannot be used against you at trial.
• Lack of intent: Most firearm offenses require you to have had knowledge and intent to violate the law. Your attorney may argue that you lacked the intent to violate the law.
• Self-defense: Nevada has a liberal self-defense law that allows you to use deadly force if you are protecting yourself or someone else.
• Procedural mistakes: If the police made a procedural mistake, such as breaking the “chain of custody” when handling evidence, your attorney may use that to exclude evidence from trial.

Contact A Las Vegas Gun and Firearms Defense Attorney at The Vegas Lawyers

If you have additional questions or concerns about Las Vegas gun and firearm laws, consult with an experienced Las Vegas gun and firearms 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.

Even a simple traffic stop can be nerve-racking for the average motorist. When a traffic stop turns into an investigation that potentially involves searching your vehicle, it can be downright frightening. If you find yourself faced with a potential search of your vehicle, you may be unclear regarding whether the police can search your car without a warrant. To help ensure that you understand your rights, The Vegas Lawyers discuss when the police can legally search your car without a warrant in Las Vegas.

Understanding Your Right Against Unreasonable Searches and Seizures

The 4^th Amendment to the U.S. Constitution grants you the right to be free from “unreasonable searches and seizures,” reading as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article 1, Section 18 of the Nevada Constitution provides you with a similar right by guaranteeing the right for people to “be secure in their persons, houses, papers, and effects from unreasonable searches and seizures.”

The 4th Amendment and Section 18 generally stand for the proposition that a law enforcement officer must first obtain a warrant, based on probable cause, before they can legally conduct a search and seizure. There are, however, exceptions to the warrant requirement.  

Is a Warrant Required to Search My Car in Las Vegas?

Because of the rights guaranteed to you in the 4^th Amendment and Section 18, the police must have a warrant to search your vehicle unless an exception to that requirement applies. If a warrant to search your vehicle is secured, the police can conduct a search of your vehicle. Because the courts have found that you have a lower expectation of privacy in your vehicle than you have in your home, a search of your vehicle may still be legal in the absence of a warrant if:

• You consent to the search.
• The police have probable cause to believe that evidence of a crime will be found in the vehicle.
• The search is conducted because a law enforcement officer reasonably believes that a search is necessary to ensure their safety.
• The search occurs incident to an arrest.
• The vehicle is impounded.

What Is the Consent Exception?

The easiest way for the police to legally search your vehicle without first obtaining a warrant is to obtain your consent. They will likely ask you if they can search your vehicle, hoping that you will provide consent. You are not required to agree to a search and providing consent rarely benefits a driver.

What Is the Probable Cause Exception?

Although a law enforcement officer can pull you over for a simple traffic infraction, the officer needs “probable cause” to turn that stop into a search of your vehicle. Probable cause means that the officer has a “reasonable belief that evidence of a crime will be found in the place to be searched.” For example, if the smell of marijuana or alcohol were emanating from the vehicle during the stop, the officer would have probable cause to search the vehicle. The police are even allowed to bring a K-9 to sniff your vehicle to obtain probable cause for a search, as long as waiting for the K-9 does not unreasonably prolong the traffic stop.

What Is the Safety Exception?

If the law enforcement officer has a reasonable belief that you are dangerous and that you might be able to gain control of a weapon, a vehicle search may be conducted without a warrant. This usually applies if the occupant of a vehicle is verbally threatening a police officer or if a weapon is visible in the vehicle.

What Is the Incident to Arrest Exception?

If you are arrested during a traffic stop, the police may legally conduct a warrantless “search incident to arrest.” This exception, however, only allows them to search the area within your immediate control, typically meaning the passenger compartment of the vehicle only. Usually, this exception to the warrant requirement does not allow a search of the trunk of the vehicle.

What Is the Impound Exception?

If your vehicle is lawfully impounded by the police, they are allowed to conduct an “inventory search” without first obtaining a warrant. The rationale behind this exception is in the name, meaning they are supposed to “inventory” the contents of the vehicle to ensure that it is returned with everything in it. This type of search does include a search of the trunk of the vehicle.

Contact A Las Vegas Criminal Defense Lawyer at The Vegas Lawyers

If you have questions about whether a search of your vehicle was legal in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.