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

 Having an aggressive, competent defense attorney on your side is critical. The prosecution and law enforcement have all the resources at their disposal to try to ensure you’re found guilty. A good defense attorney, however, can help level that playing field by devoting 100% of his or her time to helping you while they prepare your case, negotiate with the prosecution, and prepare for trial if it comes to that. 

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? 

Many individuals charged with domestic abuse are concerned about the penalties for domestic violence, children interaction, and their freedom.  Depending on the facts of the case, domestic violence allegations can drastically change the way you interact with your children.  In some cases, defendants may permanently lose the right to spend time with their children, and in other cases, parental rights are regained after some time passes.

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:   

• Mistaken identity – An intimate partner suffers physical or mental harm but from another person.

• False accusations – A partner, family member, housemate, etc., lies about domestic violence perpetrated against them in order to damage your reputation.

• 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:

• An older person (over 70) or a member of a vulnerable population as outlined in NRS 200.5092 who cannot attend a court proceeding

• The witness’s testimony is material and necessary to the case

• Taking the deposition will avoid a “failure of justice”

• The vulnerable or older person has “good cause” to not attend a trial or hearing, or

• The witness is “committed for failure to give bail to appear to testify at a trial or hearing”

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:

• Testimony offered in a deposition is given under oath. That means that lying could lead to criminal consequences

• A judge can deny a deposition request or disallow it from entering evidence

• The prosecution is not bound by the same examination rules as they are in a trial – that means that they can ask “leading questions”

• Video depositions are allowed under certain conditions

• An attorney can object to the admissibility of a deposition into evidence depending on the circumstances

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:

1. There’s a huge difference between simple drug charges and drug trafficking charges.

2. Although recreational marijuana is legal, not following the rules can get you in major trouble.

3. Individuals charged with drug crimes in Nevada may be eligible for a reduction in penalties and charges by attending Drug Court.

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 are not allowed to possess more than one ounce of recreational marijuana

• People with a marijuana medical card can possess up to 2.5 ounces

• It’s illegal to smoke weed in public or anywhere outside of a residence

• There are strict laws regarding marijuana cultivation

• Selling marijuana (other than licensed dispensaries) is punished the same as selling any other Schedule I drug

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:

1. Drug Court typically lasts for one year or longer

2. Costs start at about $1,500

3. You must enter a “guilty” or “no contest” plea to qualify

4. If you break the rules of Drug Court, you could face the original charges and penalties

5. Once Drug Court is completed, the defendant’s case is completely dismissed

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:

• Maximum 4-year prison sentence, minimum 1-year imprisonment
• Up to $5K in fines
• Registration on sex offender’s list

It’s important to note that a person may face open and gross lewdness charges for engaging in either of the following acts:

• Engaging in sexual activity (publicly or privately) where others can see you
• Most non-consensual sex acts other than sexual assault or rape

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

Casino marker cases in Nevada aren’t immediately prosecuted. The casino and district attorney must complete a few steps before pursuing criminal charges. They include but are not limited to:

1. The casino attempts to withdraw the debts from the bank account given when the marker was signed.

2. If the account lacks the funds to cover the debt, the casino is required to send the gambler a certified letter demanding the marker be paid within 10 days.

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. 

The difference between assault and battery is a matter of intention and whether or not touching occurred. Generally, Nevada defines assault as putting someone in fear and apprehension of physical harm. Battery is defined as unlawful touching (i.e., hitting, kicking, biting, pushing, etc.).

For example, suppose a person unintentionally bumps into another person at a busy supermarket. In that case, they’re not guilty of either assault or battery since there is an expectation that unintentional collisions will occur. However, if that same individual waits for you in a parking lot outside of the grocery store and intentionally bumps into you, that may be considered battery.

Watch this video and keep reading to learn more:

How Nevada Laws Define Assault And Battery

Both assault and battery can be charged as misdemeanors or felonies depending on the case’s circumstances. For instance, a simple assault and battery charge will be punished less harshly than assault and battery with a deadly weapon.

What Are Battery Charges In Nevada?

According to NRS 200.481, battery is defined as any intentional and illegal use of force or violence against another individual. It’s important to note that battery is a separate charge from “battery which constitutes domestic violence” (NRS 200.485).

Battery without a deadly weapon or bodily injury is a misdemeanor offense in Nevada.

However, if the act of unlawful touching resulted in bodily injury, involved a dangerous weapon, or was against a protected class (i.e., police officer, medical provider, gaming official, etc.), defendants could face felony charges.

Penalties For Battery Charges

The consequences of battery charges in Nevada depend on the specifics of the alleged crime. Listed below are some of the most common types of battery offenses and correlating punishments in Nevada.

Battery Offenses in Nevada	Penalties for Battery
Battery without a deadly weapon (That does not cause bodily harm or committed by strangulation)	MisdemeanorUp to 26 weeks in jailMaximum fines of $1,000
Battery that involves serious injuries or strangulation	Category C felony Up to five years imprisonment, minimum 1-year Fines up to $10,000
Battery where the victim belongs to a protected class	Gross misdemeanor or felony – depending on the chargesLess than a year in jail (if no injuries or strangulation)Between 2 – 15
Battery With a Deadly Weapon (not involving serious bodily injury or strangulation)	Category B felony Up to 10 years in prison, minimum 2-yearsUp to $10,000 in fines (if committed outside of police custody, parole, probation, or correctional facility)
Battery with a deadly weapon involving serious injuries or strangulation	Category B felonyUp to 15 years imprisonment Up to $10,000 in fines

What Are Assault Charges In Nevada?

Nevada defines assault as the unlawful act or attempt at unlawful use of force against another person or causing a “reasonable” fear or apprehension of bodily harm (NRS 200.471). Unlike battery offenses, assault doesn’t require the victim to be touched or physically harmed.

For example, if an individual threatens to “beat up” another person, they can be charged with assault.

How long can you go to jail for assault? That depends on many factors. Continue reading to learn about assault laws and penalties in Nevada.

Penalties for Assault Charges

The consequences for committing assault in Las Vegas (or anywhere else in Nevada) vary depending on how, where, with what, and upon whom the crime was committed. Take a look at the table below.

Assault Offenses in Nevada	Penalties For Assault
Assault without a deadly weapon	MisdemeanorUp to 26 weeks in jail Potential fines of $1,000
Assault against a protected class member (not involving a deadly weapon)	Gross misdemeanorPotentially 1-year in jail Up to $2k in fines
Assault with a deadly weapon	Category D felonyMaximum 4-year imprisonment, minimum 1-year in prison Fines up to $5k

How To Defend Against Assault And Battery Charges In Las Vegas

Due to the interpersonal nature of assault and battery offenses, many cases are built on faulty evidence, shaky eyewitness testimony, and a lack of credible evidence. With that in mind, there are various potential defenses available, depending on the circumstances.

They include, but are not limited to:

1. It was a misunderstanding
2. It was an accident
3. The assault and/or battery were committed in self-defense
4. Falsely accused
5. There was no fear of immediate serious injury

Successfully defending against assault and battery allegations can be complex, confusing, and an uphill battle. That’s especially true without an experienced attorney for assault and battery charges in your corner.

A grand jury decides whether or not the state of Nevada has enough evidence to charge an individual with a serious felony offense. It’s important to note that a grand jury indictment does not mean that the defendant is guilty.  It’s up to a trial jury to decide guilt.   

The grand jury process in Nevada is often a good indicator of how a criminal trial will go. If you’re facing a grand jury procedure or have already been indicted by a Clark County grand jury, it’s essential to consult with a proven Las Vegas criminal defense lawyer as soon as you can.

In this article, we cover:

• What is a grand jury?

• When is a grand jury used in Nevada?

• What is a grand jury indictment?

• What evidence does a grand jury need to indict in Nevada?

• What happens after a grand jury indictment

• The difference between a grand jury and a trial jury in Nevada

Continue reading to learn everything you need to know about the grand jury process in Nevada.

What Is A Grand Jury?

A Nevada grand jury is a group of citizens (16 – 20 people) empowered by Nevada state law to determine whether enough evidence exists to indict (prosecute) an individual for breaking the law.  

According to NRS 172.105, a grand jury may convene to “inquire into all public offenses” committed within the district court’s jurisdiction. The prosecution can use a grand jury to seek indictments for any type of crime.

However, since the grand jury process can be long and resource-intensive, district attorneys typically reserve grand juries for high-profile cases or serious felony offenses.  Further, most serious federal offenses require a grand jury indictment before federal charges are filed in Nevada (federal grand juries are comprised of between 16-23 persons).

What’s The Grand Jury Process In Nevada?

The grand jury process can take anywhere from a few months to much longer. The Nevada grand jury process generally includes the following:

• Notice is given to the defendant prior to the proceeding

• The prosecution presents evidence to the grand jury (i.e., witness testimony, affidavits, and other types of evidence)

• The defendant testifies (not recommended by most criminal defense attorneys)

• The grand jurors deliberate and issue an indictment or dismissal

What’s The Difference Between A Grand Jury And A Trial Jury?

Both grand juries and “petit juries” comprise a group of citizens to determine certain outcomes of a case. Take a look at a few key differences between a criminal trial jury and the grand jury system in Nevada in the chart below.

	Grand Jury in Nevada	Criminal Trial Jury in Nevada
Number of Members	16 – 20	12
Random selection of citizens	Yes	Yes
Secret deliberation	Yes	Yes
Public Proceeding	No	Yes
Unanimous decision required by jurors	No (12 or more must concur)	Yes
Attorney Present During the Proceeding	No	Yes
When the Proceeding Occurs	Before charges are filed	After charges are filed
Outcome	Indictment/prosecution OR dismissal	Guilty or Not Guilty
Eligible for Appeal	No	Yes
Preliminary Hearing	No	Yes

It’s important to note that an individual can’t request a grand jury. Generally, the district attorney decides to convene a grand jury proceeding or prosecute the case.

Also, criminal defense lawyers are not allowed to be present during a grand jury proceeding. However, a witness attorney may be present – so long as they don’t violate any of the grand jury rules for attorneys outlined in NRS 172.239.

When Is A Grand Jury Used In Nevada?

The majority of state-level criminal charges in Nevada don’t involve the grand jury system. Typically, the district attorney charges the defendant with a crime via an “information.”  After charges are filed, the case goes to the pretrial phase.

The prosecution is more likely to use a grand jury when a case involves serious felony offenses. Additionally, the district attorney may opt for a grand jury indictment in high-profile criminal cases.

It’s important to note that an individual can still face indictment by a grand jury even if the court previously dismissed charges brought via an information.

What Is A Grand Jury Indictment And Does It Mean A Person Is Guilty?

• What is a grand jury?

• When is a grand jury used in Nevada?

• What is a grand jury indictment?

• What evidence does a grand jury need to indict in Nevada?

• What happens after a grand jury indictment

• The difference between a grand jury and a trial jury in Nevada

Continue reading to learn everything you need to know about the grand jury process in Nevada.

What Evidence Does A Grand Jury Need To Indict In Nevada?

Under NRS 172.155, a grand jury can issue an indictment under the following conditions:

1. The evidence presented to the grand jury (“taken together”) establishes probable cause that a criminal offense occurred.

2. There is probable cause that the accused is the person that committed the offense.

It’s important to note that a defendant can object to the “sufficiency of evidence” presented to the grand jury by applying for a writ of habeas corpus. However, it’s recommended that you consult with an attorney before doing so.

What Happens After A Grand Jury Indictment?

As stated earlier, the grand jury system in Nevada does not determine guilt.  Instead, it’s just a conclusion that there is enough evidence to proceed with criminal charges. What happens after a grand jury indictment can include the following:

• Depending on the case, the accused may be arrested

• If the accused or defendant is already arrested, a judge may set bail or other pretrial release conditions

• The defendant enters a guilty or not-guilty plea during arraignment

• Plea bargain negotiations with the prosecution  (depending on the circumstances)

• The case moves forward to trial if the defendant enters a not guilty plea

If you’re facing indictment by a Clark County grand jury or have already been indicted, it’s in your best interest to consult with an experienced criminal defense attorney as soon as possible.

Driving in Nevada, like every other state, is considered a privilege, and not a right.  This means that drivers can have their license revoked or suspended by the Nevada Department of Motor Vehicles (“DMV”).  In these cases, unlicensed drivers would have to find other means of transportation.  However, too often unlicensed drivers make the unfortunate choice to continue driving — increasing their risk of serious fines and imprisonment and the risk of injuring other drivers on the road.  If you’re among these people that make this choice, you need to be aware of what can happen if you get into an accident while driving on an expired license. 

The Dangers Posed By Unlicensed Drivers In Nevada

A study by the AAA Foundation for Traffic Safety found that among drivers involved in fatal car accidents, 6.7% had a license that had been suspended or revoked, 1.1% had a denied or expired license and 5% were unlicensed.  In sum, 18.2% or almost a quarter of all fatal car accidents involved an unlicensed or invalidly licensed driver; these crashes led to the deaths of 21,049 people. 

About 50% of all car accidents involving unlicensed drivers were by drivers between 21 and 34 years of age.  Furthermore, half of all fatal accidents involving unlicensed drivers occurred while the driver was under the influence of alcohol.  One-third of drivers without a license were under the age of 20 and predominantly male. 

Punishment and Penalties 

In Nevada, driving without a license or with an expired license is a misdemeanor punishable by up to $1,000 in fines and up to six months in jail.  However, judges typically only impose a fine.  Some defendants may even have their license suspended and would need to apply for reinstatement.

For drivers who simply forgot to bring their license with them when driving, the violation may be dismissed if the defendant can provide proof that they were licensed at the time of the violation.  Drivers with a recently expired license, however, are unlikely to have their charges dropped.

Drivers with an expired license who get into a car accident can still file a claim against the at-fault driver’s insurance carrier.  But the situation gets more complicated if the unlicensed driver is at fault.  The unlicensed driver’s insurance company may refuse to pay for the other driver’s damages, and the unlicensed driver will be held responsible.

Drivers with a suspended or revoked license because of a DUI who get caught or end up in a car accident will face much more serious consequences which can include the following:

• Minimum 30 days in jail or 60 days of house arrest
• Fine of $500-$1,000 and/or
• One year of revoked driving privileges

Why Seek Legal Help

It’s important to seek legal representation if you’ve been arrested for driving with a revoked or suspended license. There are three instances in which charges may be dropped.

• Incorrect DMV records show a suspension or revocation.

Drivers may be incorrectly charged and arrested if DMV records show errors on the driver’s record or if the driver is not found in the system. In these cases, it’s important to have a lawyer accurately present the facts on behalf of the defendant and the charges will be quickly dropped.

• The driver was unaware of a change in their license status.

In the State of Nevada, DMV is required to notify drivers by certified mail or by law enforcement of their revoked driving privileges. The prosecution is required to show proof of delivery, such as a signature accepting hand delivery or a certified letter. Drivers who have their license revoked or suspended cannot be charged for driving unlicensed until eight days after the notice has been mailed.

• The suspension or revocation period has ended.

Individuals who drive after the period of punishment has ended but before their license is reinstated, should be charged with “driving without a license,” rather than driving with a suspended or revoked license.  In these cases, the prosecution would have to request the erroneous charges to be dismissed and have to file new charges. A good defense lawyer could help persuade the prosecutor that this is not a good use of their time.

Driving On An Invalid Drivers License Is A Serious Matter

Driving on a suspended, expired or revoked drivers license is a serious matter than can have a real impact on your life or the life of another.  While this blog is not intended to be legal advice and nor should you rely upon it as such, it is intended to help educate you on the dangers of driving without a valid license.  At The Vegas Lawyers we handle these types of cases and have helped thousands of drivers get their DUI or DMV issues handled properly.  We can do the same for you.