Despite having the best of intentions, you may inadvertently write a “bad” check at some point in your life that could result in criminal charges being filed against you in Nevada. If that happens, it is important to know your rights and to understand the crucial role that an experienced bad checks defense lawyer can play in the prosecution of your case.

What Constitutes a “Bad” Check in Nevada?

In the State of Nevada, NRS 205.132 governs “bad” checks, or checks that are returned for non-sufficient funds. Unlike most criminal statutes, the check fraud statute creates a presumption to defraud if you write a check or draft that is returned for insufficient funds and any of the following exist:

• The instrument is drawn on a purported account that does not exist.
• Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 5 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
• Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of non-delivery.

Note that under the law, casino markers are treated the same as bad checks in the State of Nevada, meaning you could be charged with check fraud for failing to pay casino markers within the time allotted.

What Are the Potential Penalties for a Conviction for Check Fraud in Nevada?

Check fraud is charged as a misdemeanor if the amount involved is less than $1,200, and you have no previous convictions for check fraud. If the amount in question is $1,200 or more, or you have been convicted for check fraud (or a similar offense) three or more times, you can be charged with a Class D felony.

A conviction for misdemeanor check fraud in Nevada carries a potential punishment of up to six months in jail and/or a fine of up to $1,000. If you are charged and convicted of a Class D felony for writing bad checks (or several checks totaling $1,200 or more within 90 days), you face a term of imprisonment of one to four years and/or a fine of up to $5,000.

You may also be ordered to pay restitution if convicted of check fraud. Restitution is paid to the victim in a criminal prosecution. In the case of a bad check, restitution typically requires the defendant to pay the amount of the check.

How Can a Bad Checks Defense Lawyer Help Me?

If you are facing check fraud charges in Nevada, it is important to understand that you have rights and you may have a viable defense. An experienced Nevada bad checks defense lawyer can review the facts and circumstances of your case and discuss your rights and legal options with you. The defense strategy employed in your case will depend on a variety of factors; however, common defenses that can rebut the presumption of an intent to defraud include proving that your identity was stolen (you did not pass the check), payment of the check within the statutory time frame, and incapacity. Your attorney may also be able to negotiate an agreement that avoids a conviction if you can repay the amount of the check plus administrative costs.

What Should I Do If I Have Been Charged with Writing a Bad Check in Las Vegas?

If you have been charged with writing a bad check in Las Vegas, consult with an experienced Nevada bad checks defense lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Once a federal warrant is issued for your arrest, you can be taken into custody at any time and any place. Federal marshals could arrest you at home or work, or you could get pulled over for a traffic infraction and be arrested when the warrant pops up on a routine background check. Whether you know a warrant is outstanding or have already been arrested, having a federal warrant lawyer from The Vegas Lawyers on your side is the key to protecting your rights and freedom.

How Is a Federal Warrant Different From a State Warrant?

The United States has both a federal government and independent state governments. Consequently, criminal conduct may be a violation of state law, federal law, or both. When a person commits an alleged violation of federal law, the U.S. Attorney’s office is responsible for prosecuting that defendant on behalf of the United States. That prosecution occurs in federal court and may result in a federal arrest warrant being issued for the defendant.

How Is a Federal Arrest Warrant Issued?

Typically, the issuance of a federal arrest warrant begins with an investigation by federal law enforcement officers into alleged criminal conduct. If they believe they have sufficient probable cause to believe that a crime has been committed, that evidence will be submitted to a federal grand jury, federal judge, or federal magistrate. If the grand jury, judge, or magistrate is convinced that probable cause exists, an arrest warrant will be issued. That arrest warrant orders any law enforcement officer anywhere in the United States to detain you. While the United States Marshal’s Office is specifically charged with locating and detaining individuals with outstanding warrants, you could be arrested by any law enforcement officer who runs a routine check on you and uncovers the warrant.

What Happens After I Am Arrested on a Federal Arrest Warrant?

After you are taken into custody, many of your Constitutional rights kick in and become extremely important. For example, you have a constitutional right to remain silent, and it is a right that you should exercise immediately. By (politely) declining to answer questions, you preserve all potential avenues of defense that may be available to you. Likewise, you have a right to be free from unreasonable searches and seizures that (usually) require law enforcement officers to obtain a warrant before searching your home or business. You waive that right, however, if you consent to a search. If you are asked to consent to a search, respectfully decline. Finally, and most importantly, you have the right to an attorney. This is a right you should exercise early and often when you have been accused of committing a federal crime.

Will I Be Released After Being Arrested on a Federal Warrant?

Within 72 hours (often as soon as the same day), you will be brought before a federal magistrate for an arraignment. At that time, you will be notified of the charges filed against you, informed of your rights, and bail will be set. Yet another important Constitutional right is the right to “reasonable” bail. Although an initial bail is set by the court, an experienced federal warrant lawyer may be able to get your bail reduced or even get you released on your own “personal recognizance,” meaning you are released if you promise to appear for all future court hearings.

How Can a Specialized Federal Warrant Lawyer Help Me?

The federal criminal court system is a complex maze that can be extremely difficult to navigate without an experienced guide. Moreover, the U.S. Attorney’s Office has the vast resources of the federal government at its disposal when investigating and prosecuting your case. The best way to keep the playing field level is to arm yourself with a specialized federal warrant lawyer. An experienced federal warrant lawyer from The Vegas Lawyers can ensure that your rights are protected, advocate for your immediate release, and begin working on a winning defense strategy immediately.

What Should I Do If I Have a Federal Arrest Warrant in Las Vegas?

If you have questions or concerns about a federal arrest warrant, consult with an experienced federal warrant lawyer at The Vegas Lawyers as soon as possible to discuss your options. Call us at 702-707-3000 or contact us online.

A conviction for driving under the influence (DUI) can result in the loss of your freedom as well as have a negative impact on your career, relationships, and finances for years to come. With that in mind, it is always wise to try to prevent a conviction if you have been charged with DUI. Challenging a DUI, however, can be complicated for anyone unfamiliar with the legal system. If you were arrested for DUI, the following guide to challenging a DUI charge in Las Vegas provides you with the steps that may be necessary to successfully win a DUI case.

Step One: Start at the Traffic Stop

Challenging a DUI in Las Vegas should begin during the initial traffic stop that leads to your arrest. While you should always be respectful to the law enforcement officer conducting the stop, you are not required to help effectuate your own arrest. Instead, exercise your right to remain silent instead of thinking you can talk your way out of being arrested. Provide identifying information only. You are also not required to perform the field sobriety tests that you will be asked to perform. Those tests are difficult to pass under the best of circumstances and rarely help a motorist evade an arrest. On the contrary, they are almost always used to provide the probable cause necessary to arrest a motorist and charge him or her with driving under the influence. Your best bet is to politely decline to perform the tests.

Step Two: Consult with an Experienced Las Vegas DUI Lawyer

You are never required to hire an attorney; however, you do have a Constitutional right to an attorney when charged with committing a criminal offense. An experienced attorney can evaluate the facts of your case, explain your rights to you, and discuss potential defense strategies with you.

Step Three: Challenging the Initial Stop

Contrary to what many people believe, a law enforcement officer cannot conduct a traffic stop without a reasonable suspicion that a traffic violation or a criminal violation has occurred. In other words, they need a reason to pull you over and conduct an investigation. That reason, however, may amount to a “pretextual” stop, meaning the officer’s official reason for stopping you is that your license plate light has burned out when the officer suspects that you are driving under the influence. The officer must also have sufficient cause to continue to detain you after addressing the reason for the initial stop. If the officer cannot articulate a legal reason for initiating the stop and a reason for turning the stop into a DUI investigation, everything that happened after that point may be inadmissible.

Step Four: Challenging the Validity of the Breathalyzer Results

After you are placed into custody under suspicion of DUI, you will be transported to the jail or detention facility where you will be asked to submit to a chemical breath test. You can refuse to submit to the test; however, the Nevada implied consent law effectively says that by operating a motor vehicle within the state you have given your consent to a chemical test if a law enforcement officer suspects you of driving under the influence. Refusing the test will result in an immediate suspension of your driving privileges. If you take the test, the prosecution will usually try to use the results as evidence against you at trial. Challenging the validity of those results is often a winning defense strategy. User error, procedural missteps, and an improperly calibrated machine are just a few of the reasons why breath test results could be invalidated. If the results are proven to be compromised or invalidated, the prosecution cannot use the results as evidence against you at trial.

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

If you were arrested and charged with DUI in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Whether you own a firearm for hunting, competition, or protection, it is crucial to understand the State of Nevada gun laws to avoid unintentionally violating them, which, in turn, could result in a criminal conviction, hefty fines, and even a lengthy prison term.

Do I Need a Permit to Purchase or Carry a Firearm in Nevada?

Nevada is an “open carry” state, meaning that you can purchase or carry a firearm that is “openly visible” without registering the firearm or obtaining a permit. Usually, the term “openly visible” refers to carrying a handgun in a holster that is not concealed by clothing or outerwear or carrying a long gun slung across your back or over your shoulder. While Nevada’s open carry law is good news for firearm owners, it is important to understand the exceptions and exclusions to Nevada’s general “open carry” law.

Although you are not required to obtain a permit to purchase a firearm in Nevada, federal law requires you to submit to a background check at the point of sale when purchasing a handgun, rifle, shotgun, or other type of firearm. In addition, you must (with some exceptions) be 18 or older to purchase long guns and 21 or older to purchase a handgun or semiautomatic long gun.

There are also a number of important exceptions that apply to where you can openly carry guns in Nevada. For example, you cannot carry guns at:

• Past the security areas in public airports or on planes.
• Childcare facilities, public and private schools, and Nevada System of Higher Education property (without written permission).
• Legislative buildings.
• Federal facilities.
• Post offices.
• VA facilities.
• Military bases.
• Hoover Dam.

Does Nevada Have a Concealed Carry Law?

Nevada law does require you to obtain a permit if you wish to carry a concealed firearm. To qualify for a concealed carry firearm permit (CCW) you must:

• Be at least 21 years old (18 if you are in the military).
• Complete an approved firearm safety course.
• Demonstrate competence (qualify) with any handgun.
• Not be prohibited by law from carrying a firearm. (If you have a felony conviction, for example)

Nevada is a shall-issue state, which means that if you meet the statutory requirements for a concealed carry permit, the state is required to issue one to you. Bear in mind though that the statutory prohibition against carrying firearms at specified locations applies even if you possess a concealed carry permit.

What Are the Potential Penalties for Violating a Nevada Gun Law?

If you are convicted of violating a Nevada gun law, the penalties you face will depend on the specific violation involved. For example, “possessing a gun in a prohibited location,” “possessing a firearm while under the influence,” or “brandishing a firearm” are all charged as misdemeanors in Nevada and carry up to six months in jail, up to $1,000 in fines, and may be forced to relinquish your firearm if convicted. A conviction for violating Nevada’s concealed carry law, on the other hand, is a Class C felony, subjecting you to a prison term of up to five years and/or a fine of up to $10,000. If you are a convicted felon found in possession of a firearm you may be charged with a Class B felony and face a minimum of one year and a maximum of six years in prison if convicted.

What Should I Do If I Have Been Charged with Violating Nevada Gun Laws in Las Vegas?

If you have been charged with violating any of the numerous Nevada gun laws in Las Vegas, consult with an experienced Nevada gun laws attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Although fake IDs are used throughout the country, they are especially ubiquitous in Las Vegas. Proof of age is required to purchase alcohol, tobacco, and marijuana as well as to enter certain adult establishments or to gamble once you have gained entry to casinos on the world-famous strip. It has always been tempting for underage revelers to try using a fake ID in Las Vegas; however, using a fake ID in Nevada can lead to some serious consequences.

What Is a Fake ID in Nevada?

The most common example of a “fake ID’ in Nevada is a driver’s license that is being used by someone other than the rightful owner or that has been altered so that the owner appears older. The State of Nevada, however, defines a “fake ID” as any altered or counterfeit document used to identify an individual such as a driver’s license, state identification card, passport, Las Vegas work card, or membership card.

What Are the Potential Consequences of Using a Fake ID in Nevada?

It can be tempting to use a fake ID to try and gain access to adult-only establishments and/or to purchase age-restricted merchandise, but you should consider the potential consequences if you are caught doing so before giving in to that temptation.

In Nevada, NRS 205.460 makes it a criminal misdemeanor offense to possess a fake ID “with the intention that (the fake ID) be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments.” If convicted under this statute you face up to six months in jail and/or a fine of up to $1,000.

Note that if you are charged with selling, lending, or giving away an altered or counterfeited document to be used to purchase alcohol or gamble, you may be charged with a gross misdemeanor, subjecting you to up to a year in jail and/or up to a $2,000 fine.

If you use a fake ID with the intent to establish a “false status, occupation, membership, license or identity,” Nevada law allows you to be charged with a Class C felony, punishable by up to 10 years in prison and/or a fine of up to $10,000.

Do I Have a Defense If I Was Charged with Using a Fake ID in Nevada?

If you are arrested and charged with a criminal offense for using a fake ID in Nevada, you have a right to launch a vigorous defense with the assistance of an experienced attorney. Your defense may be based on the assertion that you lacked the “intent to defraud” or might focus on a violation of your constitutional rights that prevents the prosecution from using evidence against you at trial. The defense strategies available to you will depend on the unique facts and circumstances surrounding your arrest.

What Should I Do If I Have Been Charged with Using a Fake ID in Las Vegas?

If you have been charged with using a fake ID in Las Vegas, consult with an experienced Nevada fake ID lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

For a motorist, flashing lights in the rearview mirror while driving is not usually a welcome sight. Frequently, those flashing lights lead to a law enforcement officer writing you a citation for speeding. If you recently received a speeding ticket, you could simply pay the fine and accept the points against your license; however, hiring a speeding ticket lawyer can save you both time and money.

Nevada Speeding Law

Like all states, Nevada has posted speed limits on all public roadways. If you exceed the speed limit, you can be stopped by a law enforcement officer and issued a citation (ticket). Typically, a speeding ticket is a civil infraction; however, some speeding violations can be charged as criminal misdemeanors. If you are charged with speeding 30 miles per hour (or more) over the posted speed limit, for example, you can be charged with a moving violation misdemeanor.

What Are the Potential Penalties for Violating Nevada Speeding Laws?

If you violate Nevada speeding laws and are charged with a civil infraction, you face a monetary fine of up to $500 and “points” against your license. The Nevada Department of Motor Vehicles (DMV) operates on a demit system. If you accrue 12 months against your license within a 12-month period, your license is automatically suspended for six months. A speeding ticket could result in one to five points against your license, depending on how much over the limit you were driving and whether there were additional aggravating circumstances (such as speeding in a school or construction zone).

If you are charged with a criminal misdemeanor for exceeding the speed limit by 30 miles per hour or more, you face up to six months in jail and/or up to a $1,000 fine. Fines can also be doubled for speeding in school or work zones or if you cause property damage or injury.

Can I Contest a Nevada Speeding Ticket?

If you are issued a citation for a civil infraction, you have two options. You can admit that you committed the violation or contest the violation. If you admit the violation, you will be required to pay a fine, and points will be assessed against your license. You may be eligible to avoid or reduce points by completing a Nevada DMV-approved 5-hour traffic safety course or paying a Demerit Point Reduction Fee in addition to paying a fine. If you wish to contest the violation, you must do so shortly after receiving the ticket to preserve your rights. Once the court has been notified that you contest the ticket a court date will be scheduled for a hearing.

If you are charged with a criminal misdemeanor, you must appear in court on the date and time noted on the ticket. At that time, you will enter a plea of guilty or not guilty. If you plead not guilty, a trial date will be set by the court. Failing to appear at the scheduled date and time will typically result in a bench warrant being issued for your arrest.

How Can a Nevada Speeding Ticket Lawyer Help Me

The potential consequences of a moving violation can be considerable. Along with paying a hefty fine you may accrue multiple points against your license and face higher car insurance premiums for several years after admitting a moving violation. Even admitting a civil infraction can negatively impact your driving record and your finances. Failing to appear in court can result in a warrant for your arrest while accruing too many points can cause the loss of your driving privileges. An experienced Nevada speeding ticket lawyer can save you both time and money when you have been issued a ticket. Attempting to navigate the unfamiliar DMV and/or criminal justice system can be stressful, waste hours of valuable time, and have dire consequences if you make a misstep. An experienced attorney can handle the procedural steps on your behalf and act as your advocate throughout the process. Whether you intend to dispute or admit that you were speeding, a lawyer may be able to help by developing a winning defense to the accusations or by negotiating a reduction in the fines and points levied against you.

What Should I Do If I Have Been Charged with Speeding in Las Vegas?

If you have been charged with speeding in Las Vegas, consult with an experienced Nevada speeding ticket lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

When a property owner evicts a tenant or “removes” a squatter, the owner typically provides notice to the individual that they are not allowed to return to the property. If you are that person, and you return to the property after being evicted or removed, you could face criminal charges for “unlawful reentry” in Las Vegas. If that happens, it is crucial to understand what the prosecution must prove to convict you of unlawful reentry and how an illegal reentry lawyer can help you avoid a conviction.

What Is Unlawful Reentry in Las Vegas?

In the State of Nevada, NRS 205.082 governs the criminal offense of unlawful reentry, reading as follows:

• A person is guilty of unlawful reentry if:
  • An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414; and
  • Without the authority of the court or permission of the owner, the person reenters the property.

What Are the Potential Penalties for a Conviction for Unlawful Reentry in Nevada?

Unlawful reentry is charged as a gross misdemeanor in Nevada. If convicted, you face a potential penalty of up to 364 days in jail and/or a fine of up to $2,000. You may also be required to spend a designated period of time on probation, pay restitution (if you cause any damages), and pay costs and fees.

What Are Some Examples of Circumstances That Could Lead to Charges for Illegal Reentry?

The most common example of circumstances that lead to an arrest for unlawful reentry involves a tenant who has been evicted from the premises but left something important there and wants to retrieve the forgotten item(s). It can also be tempting for a tenant who feels that he/she was wrongfully evicted to want to go back and retrieve items or even damage the property. Either way, entering the property after you have been evicted or removed can lead to an arrest and prosecution for unlawful reentry.

Is There a Legal Defense to Accusations of Unlawful Reentry in Las Vegas?

If you have been charged with unlawful reentry in Las Vegas, the best thing you can do for yourself, and your future, is to retain the services of an experienced illegal reentry lawyer. The exact defense strategy used in your case will depend on the facts and circumstances surrounding your arrest; however, common defenses employed in an unlawful reentry case include:

• Challenging the Eviction/Removal: The offense of illegal reentry is predicated on being legally evicted or removed from the property first. If you can prove that you were not legally evicted or removed, then the prosecution cannot prove one necessary element of the crime.
• Alleging Permission: If the property owner gave you permission to reenter the property despite having been evicted or removed, you have a defense to allegations of unlawful reentry.
• Illegal Search or Other Law Enforcement Conduct: If the police entered the property illegally, or engaged in any other violations of your rights, that conduct may help get evidence excluded from your case.
• Mistaken Identity: This defense simply alleges that it wasn’t you on the property and, therefore, you are not guilty of illegal reentry.

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

If you were arrested and charged with unlawfully reentering a property in Las Vegas, consult with an experienced illegal reentry lawyer at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

If you are facing criminal charges, it is crucial to consult with an experienced Las Vegas criminal attorney as soon as possible. If you have never before needed the services of a criminal attorney, however, the prospect of meeting with an attorney can be a bit overwhelming on top of the stress you already feel after being arrested and charged with a crime. To help put you at ease, the team at The Vegas Lawyers offers a preview of what to expect during your first meeting with a Las Vegas criminal attorney.

Overview of the Law Firm

If you are like many people, meeting with a Las Vegas criminal attorney will be your first experience in a lawyer’s office. Knowing how the office is structured and who the “players” are may help you feel more at ease. While every office is unique, you may meet with a legal secretary or paralegal prior to meeting with an attorney. Their job is usually to gather basic information from you, copy documents you brought with you, and act as a point of contact for clients when an attorney is unavailable. Unlike attorneys who practice in other areas of the law, criminal defense attorneys typically spend a considerable amount of time in court, making their support staff an invaluable part of your defense team.

Background Information

Your criminal defense attorney needs as much background information on you as possible to do his/her job well. It may be uncomfortable to answer some of the questions, but rest assured that your attorney won’t ask questions unless he/she needs the answers to help protect and defend you. Be prepared to answer questions about your criminal background (or lack thereof), driving history, education, employment, and family history. Depending on the type of criminal charges involved, your attorney may also ask you questions about your relationships, financial status, and other sensitive subjects. Providing honest answers is crucial to your lawyer’s ability to protect you and mount a winning defense successfully. Keep in mind that everything (with very narrow exceptions) you disclose to your attorney is covered under attorney-client privilege, meaning that your lawyer cannot share the information with anyone else.

Case Details

Next, you will discuss the facts of the case. Come prepared for the meeting with copies of all relevant documents, including anything provided to you when you were arrested, correspondence you received from the prosecutor’s office, and documents that you think might be helpful to your defense. If there are people that you believe your attorney needs to talk to, such as an alibi or character witness, gather their contact information ahead of time as well. Because your lawyer cannot knowingly allow you to commit perjury, he or she may never ask you outright whether you committed the crime; however, your lawyer will ask you other pertinent questions relating to the case. It is in your best interest to answer these questions fully and honestly.

Defense Strategy

After your attorney has a clear picture of the prosecution’s case against you (as it currently stands) and your version of events, you will discuss your legal options. Although you are never required to accept a guilty plea agreement, your attorney may discuss that option with you to ascertain whether you are interested in negotiating an agreement. If you prefer to move forward toward trial, your Las Vegas criminal attorney will go over possible defense strategies with you and explain the next steps in your case.

What Should I Do If I Have Been Charged with a Criminal Offense in Las Vegas?

If you have been charged with a criminal offense in Las Vegas, consult with an experienced Las Vegas criminal attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

If you were ever legally evicted or removed from a home or apartment, you were likely notified that you could not return to the premises. What happens if you return anyway after being ordered to leave? You might be arrested and charged with “unlawful reentry.” To help you better understand, The Vegas Lawyers explain what constitutes illegal reentry and what penalties you face if convicted of unlawful reentry in Nevada.

What Are the Elements of Unlawful Reentry in Nevada?

Illegal reentry, referred to officially as “unlawful reentry,” is governed by Nevada Revised Statute 205.082, which requires two elements to be met for a conviction:

1. An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414 and
2. Without the authority of the court or permission of the owner, the person reenters the property.

What Are Some Scenarios That Might Lead to Allegations of Illegal Reentry?

Allegations of illegal reentry most often occur after an individual has been evicted or following removal for “squatting.” For example, imagine that you were legally evicted from your apartment by your landlord for violating a provision of your lease. The court order required you to vacate the premises by June 1st. On June 2nd, you realize you left some important documents in the closet of the apartment, so you return to get them. You could be arrested and charged with unlawful reentry.

Another common example involves “squatters.” A squatter is someone who lives in or occupies a piece of property without a legal claim to the property. If you were squatting on a property and the owner came in and removed you, changed the locks, and posted the required notice pursuant to NRS 40.412, you could be charged with illegal reentry if you returned to the property.

How Is Illegal Reentry Different from Burglary or Trespassing?

If unlawful reentry sounds similar to burglary and trespassing to you, it is because they are similar offenses – with important differences.

The primary difference between unlawful reentry and burglary is that the criminal offense of burglary requires the prosecution to prove that the defendant had the intent to commit a crime while on the premises. Illegal reentry, however, does not involve any malicious intent beyond unlawful reentry.

Trespass, in Nevada, can occur under two different circumstances. The first is when an individual enters into someone else’s property with the intent to “vex or annoy the owner or occupant thereof or to commit any unlawful act.” Trespassing can also be alleged if you willfully go or remain upon any land or in any building “after having been warned by the owner or occupant thereof not to trespass.”

What Are the Potential Penalties for Unlawful Reentry in Nevada?

Unlawful reentry is charged as a gross misdemeanor in Nevada. If convicted, you could be sentenced to up to 364 days in jail and/or be ordered to pay a fine of up to $2,000.

What Are Some Defenses to Allegations of Illegal Reentry?

If you are facing allegations of unlawful reentry in Las Vegas it is imperative that you speak to an experienced criminal defense attorney as soon as possible to discuss defense strategies that might work given the facts and circumstances of your case. Some common defenses include:

• The property owner gave you permission to return to the property.
• The property owner failed to legally evict you or repossess the property.
• You never reentered the property.
• Your rights were violated and, therefore, evidence should be excluded.

What Should I Do If I Was Arrested and Charged with Illegal Reentry in Las Vegas?

If you were arrested and charged with unlawful reentry in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Like most states, the State of Nevada takes accusations of domestic violence very seriously. A conviction for domestic violence, officially referred to as “battery domestic violence,” carries with it significant judicial and non-judicial penalties. A clear understanding of those potential penalties is crucial if you have been charged with domestic violence in Nevada.

How Does Nevada Define Domestic Violence?

The term “domestic violence” is an umbrella term that covers numerous and varied criminal acts in which the relationship between the perpetrator and victim is a close one. Specifically, NRS 33.018 defines criminal offenses such as battery, assault, sexual assault, and false imprisonment as “domestic violence” if the alleged victim is any of the following:

• Spouse or former spouse
• Any other person to whom the perpetrator is related by blood or marriage
• Any other person with whom the perpetrator has had or is having a dating relationship
• Any other person with whom the perpetrator has a child in common
• The minor child of any of the above-mentioned people
• The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian

What Are the Domestic Violence Penalties in Nevada?

The potential penalties you face if convicted of battery domestic violence (BDV) in Nevada will depend on several important factors, including the injuries suffered by the alleged victim, your criminal history (or lack thereof), and the presence or absence of a weapon during the commission of the crime.

If this is your first domestic violence conviction within the previous seven-year period, and there are no aggravating circumstances, you will likely be charged with misdemeanor BDV which carries a minimum penalty of two days in jail and a maximum of six months in jail along with 48 to 120 hours of community service and a fine of $200 to $1,000. For any domestic violence conviction, the court will likely order you to complete six months to a year of domestic violence counseling as part of your sentence.

A second domestic violence conviction without aggravating circumstances within a seven-year period remains a misdemeanor; however, it increases the penalties to a minimum of 20 days and a maximum of six months in jail, 100 to 200 hours of community service, and a $500 to $1,000 fine. A minimum of 1.5 hours per week of domestic violence counseling will also be ordered.

A third battery domestic violence conviction within a seven-year period dramatically changes the potential penalties. You will be charged with a class B felony which carries one to six years in prison and a fine of $1,000 to $5,000 if convicted. The court cannot sentence you to probation for a felony BDV conviction.

If you knew (or should have known) that the victim was pregnant at the time of the BDV, you will be charged with a gross misdemeanor, the penalty for which is up to 364 days in jail and/or up to a $2,000 fine if convicted. A subsequent offense with a pregnant victim is charged as a class B felony with a potential penalty of one to six years in prison and $1,000 to $5,000 in fines.

Domestic violence involving strangulation that did not cause serious bodily injury and without a weapon involved is charged as a class C felony, carrying a potential prison sentence of one to five years along with a fine of up to $10,000 if convicted.

If you had a deadly weapon during the commission of the crime or the victim sustained “substantial bodily harm” you will be charged with a class B felony. Substantial bodily harm is defined by Nevada law as “bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ OR prolonged physical pain.” If convicted of BDV with substantial bodily injury but without a weapon involved, you may be sentenced to one to six years in prison and a fine of $1,000 to $5,000. If you had a weapon but the victim did not sustain substantial bodily injury, you face two to ten years in prison and up to a $10,000 fine. If a weapon was involved and the victim suffered substantial bodily harm, the potential punishment increases to two to 15 years in prison and up to a $10,000 fine.

What Should I Do If I Am Facing Domestic Violence Accusations in Las Vegas?

If you have been accused of a domestic violence crime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.