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.

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.

2. The continued growth of the gaming industry is dependent upon honesty and public confidence.

3. Strict regulations are required to maintain public confidence.

4. 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.”

5. 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.

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. 

Are you currently facing weapons charges in Nevada?  If so, working with a Las Vegas weapons defense lawyer can greatly increase the chances of getting your case dismissed, reducing charges, or receiving less severe penalties. 

It’s important to note that if you’re convicted of weapons or gun offenses in Nevada, you could face prison time, fines, and a criminal record.  A proven gun lawyer understands the implications of a conviction and will use their knowledge, experience, and savvy to fight for your freedom and protect your rights.

Contact The Vegas Lawyers (“TVL”) today at (702) 707-7000 for a free initial consultation with a proven firearm and weapons defense attorney in Nevada.  We respect the 2^nd Amendment of the United States Constitution, and we will fight for your rights.   

Definition Of A Weapon In Nevada

Nevada law regards a “weapon” as an object used to attack another person or defend oneself in an altercation.  That generally includes almost all objects used to strike another person in an attempt to cause injury, death, or property damage.  For example, Nevada gun laws directly reference the following objects (among others) as weapons:

• Firearms (i.e., Glock, AR-15, 9mm pistols, etc.)
• Explosives
• Knives, swords, machetes, and blades
• Baseball bats
• Brass knuckles
• Swords

Continue reading to learn the answers to commonly asked questions like, “Can a felon own a gun?” and “How long before a convicted felon can own a gun?”  At TVL, we’re here to help, educate and represent.   

Nevada’s Definition Of A Concealed Weapon

Nevada’s Definition Of A Firearm

The Nevada firearm laws regard a “firearm” as any object (machinery, device, etc.) created for use as a weapon that shoots bullets through a gun barrel via explosion or combustion.  That can include automatic rifles, 3-D printed guns, pistols, etc.  It’s essential to note what constitutes a firearm in Las Vegas because that definition can play a critical role in cases involving an assault while using a deadly weapon.

What is assault with a deadly weapon in Nevada?

According to NRS 200.471, an individual can be convicted of assault with a deadly weapon if:

1. The defendant attempts to use illegal force against another person, or

2. The defendant knowingly placed another person in reasonable fear of bodily injury and
3. The defendant used a deadly weapon in the commission of 1 or 2 above.

Who Can And Cannot Possess A Gun In Las Vegas?

Who Can Own A Gun:  Generally, Nevada gun laws allow anyone 18 or over (who isn’t prohibited from possessing a gun) to own a firearm.  However, there are many restrictions and rules for individuals seeking a Concealed Carry Permit (CCW) in Nevada.  For example, you must be at least 21 years old to apply for a CCW.

Who Can’t Own A Gun:  Although the 2^nd Amendment of the U.S. Constitution guarantees the “right to bear arms,” there are limitations.  The following categories of individuals are prohibited from gun possession in Nevada:

• Unsupervised children (under 18)

• Individuals with a felony conviction, so long as they were sentenced (served or suspended) to more than 365 days imprisonment

• Individuals using certain drugs or suffering from chemical addiction

• Those evading arrest or otherwise fugitives of the law

• People with a professionally diagnosed mental illness

Individuals prohibited from having a gun face strict penalties for gun possession in Las Vegas.  A conviction for violating Las Vegas gun laws can lead to prison time, fines, and a lifelong criminal record.

Concealed Carry Weapon (“CCW”) Permit Las Vegas

The Nevada and Las Vegas concealed carry laws stipulate that an individual must meet certain conditions before being eligible for a CCW permit.  Nevada CCW applicants must meet the following requirements:

It’s also important to note that a CCW applicant can be denied for various reasons like past felony convictions, domestic abuse charges, violent crimes, diagnosed mental health conditions, and much more.

What is the charge for carrying a concealed weapon?

Individuals charged with carrying a concealed weapon without a permit face category C felony charges, up to five years in prison, and extensive fines if convicted.

Non-Firearm Concealed Weapons Permit In Las Vegas

Similar to concealed firearms, Nevada requires individuals to have a permit for non-firearm concealed weapons. That means that concealing a dangerous or deadly weapon without a permit can lead to serious penalties.  Individuals interested in a non-firearm concealed weapons permit can contact their local Sheriff’s office and apply within that office.  It’s important to note that the Sheriff can deny your application for various reasons.

Gun Registration In Las Vegas

Most gun sales and transfers in Nevada require a background check.  Further, individuals who wish to carry a concealed weapon must meet certain requirements (including potential investigation).  However, gun registration in Nevada is not currently required.

Where Are Guns Allowed In Las Vegas?

Nevada’s gun laws allow firearms in most places, but there are some important restrictions.  Other than a few exceptions, guns are not allowed in the following places in Nevada:

• Schools and daycare centers (including colleges and universities in most cases)
• Courthouses 
• Jailhouses or prisons
• Airports
• Post offices
• Federal buildings and facilities

If you’re unsure of places where guns are allowed in Las Vegas, it’s recommended that you consult with an experienced gun rights lawyer before you make a mistake that could cost you your freedom.

Penalties For Weapons, Gun Or Firearms Offenses In Nevada

Individuals facing weapon or firearm charges can face severe penalties if convicted.  Depending on the circumstances of the case, defendants may be charged with a misdemeanor offense or felony.  If found guilty, punishment can include the following:   

• Jail or prison time
• Fines
• Criminal record
• Loss of gun rights

It’s also important to note that using a gun in the commission of another crime can result in aggravated charges, leading to harsher penalties.

Resources in Las Vegas for Firearm and Weapons Charges

Las Vegas Concealed Firearm Permit

Individuals interested in obtaining a concealed firearm permit in Clark County are encouraged to visit the Las Vegas Metropolitan Police Department’s website for information regarding classes, fees, and additional requirements.  It’s essential to note that unknowingly violating Las Vegas’s  concealed carry laws is not a viable excuse.  Individuals who don’t adhere to concealed carry laws may face severe penalties.

If you’re interested in obtaining a CCW permit, Clark County provides a list of approved concealed carry firearm instructors on their site. 

Selling Firearms In Nevada

Many gun owners want to be sure about how to sell firearms in Las Vegas (legally), so they don’t run afoul of the law.  Before selling a gun in Nevada, you should keep the following in mind:

1. Making a firearm transaction with an individual who is prohibited from owning a gun can lead to felony charges.

2. Nevada requires businesses and private gun sellers to administer a “point of contact” background check for most gun sales and transfers.

It’s important to note that weapon and firearm sellers can only be convicted of selling a firearm to a prohibited person if they knew the individual was prohibited from owning a gun but sold it to them anyway.

Will My Out-of-State CCW Permit Be Valid In Nevada?

Nevada has CCW reciprocity with specific states.  If your state is not mentioned on the list, your CCW permit is not valid in Nevada.  Nevada CCW reciprocity allows individuals who have active concealed weapons permits in their home state to carry a concealed weapon in Nevada. However, individuals must maintain a photo I.D. and their out-of-state permit on them while carrying a concealed weapon in Nevada.

Can I get a CCW if I have a misdemeanor?

Some misdemeanor convictions still allow individuals to own a Nevada CCW permit. However, a few disqualifiers include the following:

• Domestic violence convictions
• Convictions of crimes involving the use of force (within three years)
• DUI convictions (within five years)
• Individuals convicted of a misdemeanor who are on parole or probation

Responsible Gun Ownership in Nevada

Gun safety in Nevada is a top priority.  With that in mind, Nevada advocates for responsible gun ownership and use. For example, it’s unlawful to use a gun (or other weapons) to frighten or threaten another person, shoot from or at buildings and vehicles, or recreationally fire a weapon into the air. That’s why every person applying for a CCW permit must complete a firearm safety course to learn about the overall importance of gun possession, ownership, use, and safety.

Criminal charges can ruin your life, even if you’re ultimately found not guilty or your case is dismissed. Even if you do get off on the criminal charges against you, it’s possible that you could still be charged civilly and have to pay significant penalties in order to settle the case out of court. If you’ve been arrested, or think that you might be arrested soon, don’t try to figure everything out on your own. Contact an experienced Las Vegas criminal defense lawyer today who can help keep you safe and make sure that you have your rights protected throughout the entire process.

There Are Many Options For Handling Criminal And DUI Charges

To fight or not to fight, that is your first decision when faced with criminal and/or DUI charges. When it comes to DUI charges in Las Vegas there are many options available to you. The decision on whether or not to defend against other criminal charges will depend upon many factors unique to your case. For example, your defense strategy may include challenging alcohol testing results; pursuing evidence of entrapment; showing police misconduct; arguing erroneous stop and search procedures; and relying upon video tape evidence and mitigating circumstances surrounding your arrest such as first-time offender status.

You need experience and knowledge working for you before making what can be life changing decisions about your criminal case in Nevada. Consult an experienced criminal defense attorney in Las Vegas today and don’t gamble with your future. 

Are You Facing DUI Charges?

You’re facing DUI charges, and your worst nightmare is coming true. If you’re like most people, all you can think about is what will happen next. You may be feeling scared, uncertain, and powerless; however, don’t give up just yet. When you have an aggressive and experienced defense lawyer by your side, there are many ways to tackle the prosecution’s case in court that may result in keeping your record clean of even a single conviction.

Having A Good Criminal Defense Attorney By Your Side Is Critical

 

The difference between an experienced attorney versus an inexperienced attorney can be huge.  If you’re facing criminal or DUI charges, don’t chance your future on an inexperienced attorney.  Also, a “good” attorney is one who treats you with respect and compassion and doesn’t judge you.  Experience, attitude and a fighting spirit are the qualities of a good attorney.   

Defending Yourself Is Not A Smart Option

No one can truly understand how it feels to be charged with a crime. It’s a serious matter that can change your life forever. At times like these, being able to rely on an experienced attorney may help you breathe easier, knowing that you are in capable hands. Learn more about what an experienced criminal defense lawyer can do for you that will make you realize that representing yourself in court is rarely a good idea.  You probably wouldn’t cut your own hair or perform surgery on yourself.  So, why would you go to court on your own hoping you’ll find justice?  

Should You Hire An Attorney?

The short answer is yes. When it comes to dealing with criminal charges, you can’t afford to take chances or assume that everything will work out fine.  The prosecutor has all of the power in these types of cases, and his/her word almost always trumps yours.  The prosecutor is not your friend and is not trying to clear your name.  It’s extremely important to hire an attorney who is experienced in dealing with criminal charges. Here in Nevada, the penalties for various criminal offenses can be steep including fines, community service, probation and even prison time.  An attorney can help defend your rights and prove your innocence. 

What Should You Ask A Lawyer Before Hiring Them?

Before you hire a lawyer, it’s smart to do some research and have an idea of what you’re going to ask. Some questions you might want to ask include the following:

How long have you been practicing law? 

Have you handled cases like mine before?

Do you frequently go to court?

Do you have trial experience and, if so, how much?

What Should You Know About Public Defenders? 

Public defenders are licensed lawyers that represent clients who cannot afford legal services. The assistance they provide is often free or very low cost (for example, free but with no guarantee of success). In Nevada, the quality of public defenders is excellent.  You should never be afraid to use one of these attorneys if you can’t afford a private attorney.  The caliber of public defenders in Nevada is very high and they are truly among some of the best attorneys. 

What Should You Do If You Don’t Have Enough Money To Hire An Attorney? 

Getting into legal trouble can be overwhelming, and in some cases, scary. You’re dealing with lawyers, judges and juries—not to mention mounting fines and penalties. Whether you need to know how to find an attorney or how to select one, there are plenty of resources available online for those in need of legal assistance. The Clark County Courthouse has great resources.  You can also try the State Bar of Nevada website.  If you don’t have much money to spend on attorney fees but still need help fighting your case—don’t despair!  Many law firms will work with you on a payment plan. 

How Long Will Your Case Take To Resolve? 

Before you hire a lawyer, check around to see what their fees will be and when they’ll be due. Most criminal defense lawyers have set rates that are based on how much time they spend on your case. While there are typically some additional fees (filing fees, court costs, etc.), it can still be helpful to get an idea of what your total costs will be. After all, paying for legal representation is almost never cheap; better to know what you’re in for as soon as possible. While it’s true that most criminal defense lawyers work with payment plans, if you can’t afford one upfront (and many cannot), consider looking into whether you qualify for help from the public defender’s office. 

Nevada routinely ranks in the top five states for domestic violence (“DV”) in the nation.  For that reason, the state’ legislature has crafted tough Nevada domestic violence laws.  As a result, law enforcement and the courts are generally not very lenient on individuals convicted of domestic violence offenses.  If you’re facing domestic violence charges in Nevada, it’s in your best interest to consult with a highly skilled and proven attorney as soon as possible.

The Definition Of Domestic Violence

Domestic violence is a broad term that encompasses many types of abuse perpetrated by one person against another with whom they share an intimate relationship. That can include a family member, spouse, roommate, or dating partner.

According to the Nevada Attorney General’s Office, the four most common types of domestic violence include:

1. Physical Abuse
2. Verbal Abuse
3. Sexual Abuse
4. Emotional Abuse

However, acts that constitute domestic violence can include many types of criminal offenses such as battery, assault, coercion, false imprisonment, etc., all of which can lead to possible fines and jail time if convicted. 

Can Domestic Violence Charges Be Dropped? 

Potentially, yes.  The prosecution can drop domestic violence charges but dropping these types of charges is not as easy as it is for other criminal offenses.  Why?  Because the prosecution is often under societal pressure to bring these types of cases.   

Generally, Nevada prosecutors are reluctant to drop the charges in cases where they suspect the victim wants to vacate their accusation because:

• They are afraid of the defendant.
• They believe they will be retaliated against if they continue to pursue the charges.
• They are ashamed to be associated with domestic violence.
• They are fearful of losing the defendant’s financial support.

However, the prosecution may consider dropping domestic violence charges for other reasons such as lack of evidence.

What Happens If I’m Served A Protective Order? 

Victims of domestic abuse must file the correct paperwork with the Family Court to obtain a domestic violence injunction (protective order).  A domestic violence protective order comes in the following two forms:  

• Temporary Order of Protection – All protective orders begin with the issuance of a temporary order of protection that remains in effect for 30 days (beginning on the date of service).  If the order expires or isn’t served, it’s automatically ended unless another order is applied for and approved.

• Extended Order of Protection – An extended domestic violence protective order must be applied for while the temporary order is still active.  If approved, the domestic violence injunction can remain in place for up to one year.

Depending on the details of the case, a domestic violence protective order can keep you from seeing your children, living in your home, or being present at many other familiar places where you once frequented.

What Are The Penalties For Violating An Order Of Protection?

According to NRS 33.100, violating a temporary protective order is a misdemeanor crime.   Violating an extended order of protection can lead to misdemeanor, gross misdemeanor, or felony charges depending on the number of previous violations.   

Temporary Order & First-Time Extended Protective Order Violation Penalties

• Misdemeanor offense
• Maximum $1K in fines
• Possible jail sentence up to six months

Penalties for Second-Time Violation of Extended Protective Order

• Gross misdemeanor offense
• Maximum $2K in fines
• Possible jail sentence for up to 365 days

Penalties For Three or More Violations of Extended Protective Order

• Category C felony offense
• Maximum $10K in fines
• Minimum 1 year, Maximum five years in a state prison

It’s important to note that the consequences for violating a domestic violence order of protection are in addition to domestic violence jail time in Nevada.  Further, each instance of violating a protective order can be charged as a separate offense.

Will I Still Be Able To See My Children If I’m Accused Of Domestic Violence? 

With that in mind, If you’re a parent and you’ve been charged with domestic abuse, it’s in your best interest to consult with a proven domestic violence criminal defense lawyer as soon as possible.

What’s Considered Child Neglect In Nevada?   

While both types of charges are taken very seriously, child neglect and child abuse in Nevada are two separate offenses. Generally, child neglect occurs when a parent or guardian fails to give their child appropriate nourishment, housing, supervision, healthcare, or abandons their child.

The major difference between child neglect and child abuse in Nevada is that abuse requires the parent to intentionally perpetrate or allow physical or mental harm onto their children. Whereas child neglect charges can be filed even when a parent isn’t intentionally causing or allowing harm.

The penalties for child neglect depend on the severity of harm inflicted upon the child.  For example, suppose the neglect does not amount to any physical or mental harm (and there is no prior record of neglect).  In that case, defendants face Category B felony charges resulting in up to six years imprisonment.  If the neglect does cause physical or mental harm, it’s also a Category B felony, resulting in up to 20 years in prison if convicted.

Additionally, individuals convicted of child neglect (not resulting in physical or mental harm) but who have a previous conviction for neglect face felony charges and up to 15 years in prison.

What Can I Do If I’m Being Falsely Accused Of Domestic Abuse?

Being falsely accused of domestic violence can be devastating.  It’s more common than you might think.  Often, in the midst of a divorce, allegations of abuse can be thrown around to gain leverage.  If you’ve been falsely accused of domestic abuse, it’s recommended that you quickly consult with a proven lawyer for domestic violence charges in Las Vegas.  A good attorney can investigate the facts of your case, ensure your rights are protected, and develop a solid criminal defense strategy to counteract domestic violence false accusations.

Can I Be Charged With DV Even If There Were No Physical Injuries?   

Yes.  According to domestic violence laws in Nevada, law enforcement can charge an individual with domestic violence offenses even if no physical injuries are present.  That’s because domestic violence includes many types of offenses that don’t always cause apparent injuries. Common examples can include pushing, slapping, tugging hair, emotional abuse, coercion, pandering (pimping), false imprisonment, and more.

What Are The Defenses To Domestic Violence Charges?   

Every domestic violence case is different.  However, depending on the circumstances, there may be many domestic violence defenses available.  The most common domestic violence defenses include the following:   

• Accidental contact resulting in physical injuries – You admit that you injured an intimate partner but maintain that it resulted from an accident. For example, you accidentally drop a hammer on an intimate partner’s foot.

• Self-defense – You used physical force to defend yourself from an intimate partner attempting to attack you.

• Lack of evidence to sustain domestic violence charges – The prosecutor does not have enough evidence to obtain a conviction in your case.

• Investigative errors committed by the police – The police engage in an illegal search and seizure in order to obtain evidence against you.

A successful domestic violence defense hinges on your ability to work closely with your attorney and to be honest with your lawyer about the details of your situation.  If you’ve been accused of domestic violence, hiring a proven lawyer offers you the best chance for dropped or reduced charges. Attempting to handle the charges on your own is more likely to lead to an unfavorable outcome in court.

How Long Will My Domestic Violence Case Take To Complete? 

Due to the sensitive nature of domestic violence cases, it can take months or even as long as a year for your case to conclude. Generally, the facts of the case, the seriousness of the harm caused, criminal history, and whether children are involved all play a crucial role in the timeline of domestic violence cases.

Further, the charges filed against you (misdemeanor or felony) also contribute to how long a domestic violence case takes to complete. It’s important to note that a domestic violence case is not “closed” after a judge imposes sentencing. Rather, the case typically remains open until the defendant completes every requirement of their penalty (i.e., fines, jail time, probation, community service, etc.).

Working with a domestic violence attorney can help ensure that your case goes as quickly and smoothly as possible. That’s because the best domestic violence lawyer in Las Vegas knows how to avoid costly mistakes which often delay domestic violence cases.

If The Police Took My Guns After Arresting Me For DV, Can I Get My Guns Back? 

There is a clear link between domestic violence and gun control in the United States.  With that in mind, individuals convicted of domestic violence offenses are indefinitely prohibited from possessing or owning a firearm in Nevada.

However, if you’re charged with domestic abuse, there is a possibility to retain your guns and gun rights while your charges are still pending.  Your domestic violence attorney can file a motion with the court to restore your guns and rights.  Although, you must provide the judge with a valid reason for your need to have your guns back before your trial concludes.

Do LGBTQ People Experience Domestic Violence?

Absolutely. Domestic violence occurs in every type of relationship regardless of race, sexual orientation, identity, net worth, religion, or other factors.  Unfortunately, many studies on the prevalence of domestic violence neglect to consider LGBTQ exposure to domestic violence. Take a look at a few notable LGBTQ domestic violence statistics below:

• Nearly 44% of lesbian women and more than 60% of bisexual women have been victims of sexual assault, violent actions, or stalking by an intimate partner.

• 26% of men who identify as gay have been subjected to sexual assault, physical violence, or stalking by an intimate partner.  Additionally, more than 37% of bisexual men have experienced the same.

• Roughly a quarter of gay men who experience “near lethal” physical violence perpetrated by an intimate partner neglect to contact law enforcement.

• According to a 2015 U.S. Transgender Survey, roughly 47% of people who identify as transgender have experienced sexual assault at some point in their life.

These are sobering statistics that demonstrate that domestic abuse is not limited to just straight people.  

A deposition is sworn, oral testimony, subject to cross-examination, taken before a court reporter.  While depositions routinely occur in civil cases, they are sometimes permitted in Nevada criminal cases.  However, they’re only allowed under specific circumstances.  The purpose of a deposition is to obtain a face-to-face oral statement made by a witness (outside of the court) under oath.

A judge may permit a criminal deposition transcript if it’s impossible for a witness to give their testimony in person at a trial.  Depending upon the circumstances, that testimony can be used as evidence in Nevada criminal cases. 

Overall, what is the purpose of a deposition?  Its purpose is to find out what a witness knows about a criminal case, how/if they were involved, and preserve testimony for use at trial. Depositions are typically reserved for older and vulnerable populations, but exceptions apply.

What Happens At A Criminal Deposition?

A deposition is essentially a question and answer session that takes place somewhere other than a courtroom. During a deposition in a criminal case, the following will occur:

• The prosecution and defense have an opportunity to gather facts from the deponent to either bolster their case or undermine the other party’s case
• A court reporter transcribes the deposition word-for-word
• The court-reporter and deponent signs an affidavit to certify the accuracy of the transcript
• The transcript may be used as evidence depending on the circumstances

When Can A Deposition Be Taken?

NRS 174.175 outlines the conditions required for a deposition in criminal cases. Generally, depositions can be taken under the following circumstances:

When Can A Deposition Be Used?

Under NRS 174.215, depositions can be used at trial or in any hearing under the following circumstances:

1. A witness dies before trial

2. A witness is not in Nevada at the time of the trial – unless their departure was facilitated by the party requesting a deposition

3. The witness is unable to testify due to sickness or physical/mental decline due to old age

4. The witness is no longer of sound mind

5. The witness can’t otherwise be compelled (i.e., subpoenaed) to testify in court

What Do I Need To Know Before A Deposition?

Depositions can be stressful for witnesses and defendants.  With that in mind, listed below are a few things you should know before a deposition:

What Should You Not Say During A Deposition?

What you should or shouldn’t say during a deposition depends on the circumstances of the case.  Generally, a few things a deponent should avoid during a deposition include:

• Offering more information than requested
• Making assumptions
• Using profane or aggressive language
• Making light of the crime
• Providing confidential information
• Parsing or paraphrasing conversations

Tips For Answering Questions At A Deposition

Depositions happen outside the court, but they are still a legal procedure that can lead to serious consequences.  With that in mind, listed below are a few tips to keep in mind before being deposed.

1. Prepare for the deposition: For most people, interrogatory interviews are not natural. However, you can prepare yourself by practicing questions, role-playing with your attorney, and reviewing the facts.

2. Be Honest: Lying under oath can lead to criminal charges.

3. Speak Carefully: Remember, a court reporter records every word you speak. That means that mute gestures like shaking your head in response to a question are not recorded. Be sure to speak loudly, clearly, and carefully.

4. Ask to See Evidence: If the examiner references evidence before asking a question, ask to see it before responding.

5. Go At Your Own Pace: Sometimes, an examiner will attempt to rush or fluster you by interrupting and interjecting. Be sure to stay calm, verbally acknowledge their interruption, and give your full response.

Las Vegas is known worldwide for its party culture.  It’s truly the city that never sleeps.  However, residents and tourists alike are often surprised to learn that most drug crime violations committed in Nevada are punished severely.

The potential implications of a drug crime conviction are devastating. With that in mind, there are three important things you should know about Nevada’s drug laws:

If you’ve been charged with violating Nevada’s drug laws, it’s in your best interest to consult with a Nevada criminal defense lawyer as soon as possible.   

There’s A Big Difference Between Drug Crimes And Drug Trafficking Crimes in Nevada

Possessing any amount of an illegal controlled substance is a criminal offense in Nevada. However, individuals charged with possession of larger quantities of Schedule I or Schedule II drugs can expect much harsher sentencing.

Take a look at the differences between possession with intent to sell and drug trafficking charges in the table below.

Possession W/ Intent to Sell – NRS 453.337	Drug Trafficking Charges – NRS 453.3385
Category C – Category D Felony	Category B, C, or D Felony
1 – 15 years in prison (Depending on the drug schedule and other factors)	1-year imprisonment to – Life in prison (depending on the Schedule and quantity)
Potentially $5,000 – $20,000 in fines	$25,000 – $500,000 in fines

It’s important to note that drug trafficking can be simultaneously charged at the state and federal levels.  With that in mind, defendants potentially face both state and federal penalties.

Although Marijuana Is Legal, Not Following The Rules Can Get You In Big Trouble 

Recreational and medical marijuana is legal in Nevada.  However, unlawfully selling, distributing, or growing marijuana can lead to serious consequences.  A few notable Nevada marijuana law facts include:

Individuals facing first-time possession of marijuana offenses are not likely to get jail time.  However, there are no guarantees.  If you’ve been charged with illegal possession of marijuana in Nevada, it’s in your best interest to consult with a seasoned criminal defense attorney as soon as possible.

Attending Drug Court Can Get Your Sentence And Charges Reduced

Nevada Drug Court is an intense drug rehab program that allows first-time drug crime offenders to have charges dismissed as long as they successfully complete the program.

Nevada Drug Court is one of many specialty courts designed to address drug addiction causes, treatment, and rehabilitation.  Generally, Nevada Drug Court is only available to first-time offenders charged with one of the following crimes:

• Felony drug possession (NRS 453.336)

• Unlawful use of controlled substances (NRS 453.411)

• Unlawful possession for sale of substances classified in schedule III, IV, or V (NRS 453.338)

Depending upon the circumstances of the case, some non-addicts may be eligible to take an intensive drug education course in lieu of Drug Court in Nevada.  Here are some important facts about Drug Court:

What To Do If You’re Charged With A Drug Crime In Nevada

Drug crime convictions can lead to lifelong consequences.  With that in mind, hiring an experienced criminal defense attorney can give you the best chances of winning a drug crime case in Nevada.  Don’t just get any lawyer.  Get someone that has experience and can get results.   

A few of the most common defenses to drug crime charges include but are not limited to the following:

• The drugs did not belong to the defendant

• The defendant was a victim of an illegal search and seizure

• Entrapment perpetrated by law enforcement

• The prosecution lacks sufficient evidence that the alleged substance was an illegal drug

A skilled Nevada drug possession attorney can help you assert your rights, negotiate with the prosecution, and potentially avoid harsh prison sentences.

Contrary to the rumors, indecent exposure is a crime in Las Vegas, Nevada.  Individuals convicted of indecent exposure face gross misdemeanor or felony charges, depending on the circumstances of the case.

Open and gross lewdness (touching the genitals of an unwilling person) is similar to indecent exposure but carries much harsher penalties.

Las Vegas is a place of unlimited imagination and fun but make no mistake about it – the Las Vegas Metropolitan Police Department takes acts of indecent exposure and/or open and gross lewdness very seriously.   

If you’re facing a charge of this kind, you need competent legal representation.  An indecent exposure conviction can have adverse consequences in your personal and professional life.  What started as a fun day at a Vegas pool party could lead to shame and embarrassment for many years to come.  Don’t gamble on your choice of lawyer.  At The Vegas Lawyers, we can help if you’ve been charged with indecent exposure or a related crime.  Call us today at (702) 707-7000 for a free and confidential consultation. 

What Is Considered Indecent Exposure In Nevada?

Technically, the Nevada Supreme Court doesn’t offer a specific definition of indecent exposure. However, it is generally defined as genital exposure to an unwilling party.  That can include an individual’s genitalia or anus.

However, it’s important to note, Nevada Revised Statute (NRS) 201.220 does not restrict the exposure of breasts for purposes of breastfeeding.

Further, indecent exposure is unlawful in both public and private settings. That means you can be convicted of indecent exposure while at home.  For example, if you open the door to a food delivery driver in the nude, you could face indecent exposure charges.

Indecent Exposure Laws in Las Vegas – NRS 201.220 

According to NRS 201.220, a conviction for first-time indecent or obscene exposure can lead to gross misdemeanor charges, up to 364 days in jail, and potentially up to $2K in fines.

Individuals convicted of indecent exposure more than one time, who have a history of sexual offenses or expose themselves in the presence of a minor can be charged with a category D felony. That could lead to 1 – 4 years imprisonment, up to $5K in fines, and registration on the Nevada sex offender’s list.  It is not illegal to expose breasts for purposes of breastfeeding.

However, exposing one’s breast to “flash” someone could potentially be charged as a crime.

Open And Gross Lewdness In Nevada – NRS 201.210

Under NRS 201.210, individuals convicted of first offense open and gross lewdness face gross misdemeanor charges.  Defendants found guilty could spend up to 1-year in jail, pay up to $2k in fines, and register as a sex offender.

However, if the defendant has prior sex offender convictions and/or the unlawful act occurred in front of a minor (or mentally incapacitated person), they could face category D felony charges. Penalties can include the following:

An example of a nonconsensual sexual act (falling short of rape) includes grabbing someone’s buttock or genitalia without their permission. So long as the act doesn’t involve penetration, the defendant most likely won’t face rape charges.

How To Defend Against Charges

The best defense strategies for indecent exposure or open and gross lewdness offenses depend on the case’s specific circumstances.  Generally, a few of the most common criminal defense strategies for these charges include but are not limited to:

• The Police Entraped the Defendant: Law enforcement officials are not allowed to “trick” a defendant into committing acts they were not inclined to commit on their own.

• The Defendant Was Falsely Accused: Sometimes, an alleged victim may accuse the defendant of committing certain sexual acts out of revenge, anger, or confusion.

• The Defendant Was Given Consent by Alleged Victim: In some cases, alleged victims testify that unwanted touching occurred when they actually gave consent.

• Accidental Indecent Exposure: Unintentional exposure of private areas can happen in many ways.  Generally, verifiably accidental indecent exposure cases are not prosecuted by the state. 

Both indecent exposure and open and gross lewdness are crimes that could lead to significant jail/prison time, fines, and lifelong registration on the sex offender’s list.  Mounting a successful defense often requires the experience and skill of a proven criminal defense lawyer for sex crimes in Nevada.

Crimes Related To Indecent Exposure In Las Vegas

In addition to the criminal offenses listed in the previous sections, Las Vegas takes its approach to indecent exposure a step further. It’s illegal to commit the following crime in Vegas:

• Public Urination (including defecation)
• Acts of disorderly conduct (i.e., fighting, using obscene language to address another person, disturbing the peace, and harassing someone with intentions to disturb).

Individuals convicted of public urination or disorderly conduct in Clark County face a citation, potential jail time, and possible fines up to $1,000.

Leaving the scene of a car accident is considered a “hit-and-run” offense in Nevada.  Fleeing the scene can lead to devastating consequences, especially if it involves injuries.  Committing a hit-and-run offense when someone is hurt is a felony crime in Nevada.

If you’re involved in an accident, we suggest you remain at the scene (especially if you’re sober). Otherwise, you risk your freedom and reputation.

“Hit-And-Run” Laws In Nevada 

When Is A Hit and Run A Misdemeanor?

Generally, leaving the scene of an accident that only causes property damage is a misdemeanor offense in Las Vegas. Penalties for misdemeanor hit-and-run can include:

• Up to 26 weeks in jail
• Up to $1,000 in fines

Depending on your driving record, a misdemeanor hit-and-run could lead to a suspended license. However, that’s only the case if you already have six or more demerit points on your Nevada license.

When Is A Hit And Run A Felony?

Suppose someone leaves the scene of a car accident involving bodily injury or death. In that case, they would be guilty of a category B felony offense in Nevada. The penalties include:

• Up to 20 years in prison, but a minimum of 2-years imprisonment
• $2k – $5k in fines
• Revoked license

It’s important to note that the prosecution can press separate charges for every person injured or killed as a result of the car accident.

What Are My Legal Obligations After An Accident?

If you’re involved in a car crash in Las Vegas, there are a few things you should be aware of. Nevada state law requires all drivers involved in collisions causing property damage, death, and bodily injury to stop at the scene.

While on the scene of the accident, you are legally obligated to fulfill certain duties, such as:

Accidents involving property damage in excess of $750, injury, or death must be reported to the police (via self-reporting or the officers on the scene) within 10 days of the accident.

With that in mind, it’s not advisable to skip the accident police report involving an unattended vehicle just because “the damage doesn’t look that bad.” A small scratch on an expensive car could cost thousands of dollars.

What Does “Rendering Aid” Mean?

Rendering aid does not require you to use high-level medical techniques. However, minimally, it does require you to:

• Call the police
• Inform the police of the car accident
• Notify them of the injuries on the scene

Rendering aid is not a matter of morals. In this case, it’s a matter of the law. If you neglect to render aid to an injured person after an accident in which you’re involved and at-fault, you could face felony charges and a mandatory minimum of two years in prison.

Potential Defenses To The Charge

Every hit-and-run accident is different. Consequently, the best defense strategy for a hit-and-run offense in Nevada depends on the circumstances of the case. Potential defenses include:

• Involuntary intoxication

• Fleeing the scene to respond to an emergency

• Unaware of the damage and/or injuries caused

• Not involved in the accident (mistaken identity)

• Duties were fulfilled to the extent of the law

• The driver was also injured and was unable to stop and fulfill legal obligations

Hit-and-run charges can lead to serious consequences. It’s recommended that you identify and work with the best hit-and-run lawyer in Las Vegas, Nevada, for your circumstances.

Is It Illegal To Leave The Scene Of A Single Car Accident?

It depends on the situation. However, in most cases, it’s in your best interest to immediately stop if you’re involved in any type of car accident. That way, you can check for damage or injuries. If you don’t stop and you cause property damage or injuries, you could face stiff penalties.

Our criminal defense lawyers at The Vegas Lawyers have noticed that many cases involve failure to pay casino markers. With that in mind, it’s fair to ask, “What is a casino marker?”

A casino marker is a zero-interest line of credit offered by casinos to certain customers.

Gamblers must pay back the debt via bank account within a specific time (typically 30 days but sometimes more). However, if the gambler cannot pay their debts due to a lack of funds in their account, the casino can pursue criminal charges.

Unlike other types of debt, owing money to a Las Vegas casino can lead to misdemeanor or felony charges, depending on the amount owed. However, there are ways to handle casino marker debts before charges are filed.

This article explains casino markers in Nevada, how casino marker laws work, penalties for failure to pay casino debt, and how to defend against casino marker charges.

How Casino Markers Work

1. Get approved for casino credit: In most cases, Las Vegas casinos need to see that you are creditworthy and intend to spend a significant amount of money in their establishment before extending a line of credit. Further, you must have the amount you’re requesting for the marker in a cash account.

2. Sign a casino “marker”: A casino marker is similar to a check, but it isn’t immediately cashed. You can pay the loan back before the due date. However, the casino can submit the marker to your financial institution for payment if you don’t.

If your bank account has insufficient funds when the casino attempts to collect their money, you could face criminal prosecution. However, in many cases, casinos prefer to work with individuals before going to the authorities.

Casino Marker Laws In Nevada

According to NRS 205.130, individuals who willfully draw a check (with intentions to defraud) to obtain “credit extended by any licensed gaming establishment” are essentially guilty of writing bad checks.

It is a crime because the state assumes that you knew that your account lacked sufficient funds, but you still extended a line of credit with the casino. That’s considered fraud in Nevada.

Penalties For Failure To Pay Casino Marker Debt

Individuals convicted of defrauding a Las Vegas casino face either misdemeanor or felony charges. If the unpaid casino marker is less than $1,200, it’s a misdemeanor. If the marker is $1,200 or more, it’s a category D felony. Learn more below.

• Misdemeanor: Up to six months in jail and/or up to $1,000 in fines

• Felony: Up to 4 four years in jail, but not less than 1-year. Up to $5,000 in fines plus restitution payments to the casino

Further, if you’re not a citizen of the United States, a conviction in a casino marker case could negatively affect your immigration status – up to potential deportation.

What To Expect In A Casino Marker Case

3. If the individual doesn’t pay back the money within 10 days, the casino can file a criminal complaint with the District Attorney’s office.

4. Once the District Attorney’s Office receives the complaint, they will send a certified letter demanding payment within an additional 10 days.

5. If the gambler still doesn’t pay back their debts within the additionally allotted time, the District Attorney can (and most likely will) press charges, resulting in an arrest warrant.

It’s important to note that you can no longer negotiate repayment terms directly with the casino once the District Attorney gets involved in a casino marker case. All communication must be directed to the DA’s office.

For that reason, it’s important to consult with a criminal defense attorney for casino marker fraud as soon as you realize that you can’t pay the debt as promised.

How To Defend Against Casino Marker Charges

It’s best to retain legal counsel to negotiate on your behalf with the casino before they file a complaint with the Clark County District Attorney’s Office. However, if you’ve already been charged casino marker fraud, there are still a few ways to defend against the charges.

The most common defense strategies for casino marker charges in Las Vegas include:

Invalid or void casino marker

Casinos sometimes issue markers that don’t meet the Nevada standard for checks. That includes casino markers that aren’t accurate, don’t show enough information, are altered, etc.

No intention to defraud

It’s difficult to prove that there was no intent to defraud. Nevada casino marker laws automatically presume an intent to defraud if your account has insufficient funds when the casino attempts to redeem the marker.

However, if you can prove that it was an honest mistake, you have a credible history of casino marker repayment, you fell ill, or a banking mistake occurred, the DA is more likely to drop charges.