Being arrested and charged with committing a criminal offense can be a frightening experience, particularly if it is your first time. You may even be tempted to just plead guilty if it means that your case is over, and you do not have to spend any more time in jail. Before you make any decisions about your case, make sure that you fully understand the numerous and varied consequences of having a criminal record.

Judicial vs. Non-Judicial Consequences

Most people understand that there are potential judicial consequences of a criminal conviction. These are terms included in your sentence following a guilty verdict or plea and include things such as a term of imprisonment, a period of probation, fines, restitution, and mandatory evaluations or classes. What many people do not think about are the non-judicial consequences of having a criminal conviction; however, those consequences can be every bit as serious as the judicial ones.

Employment Consequences of Having a Criminal Record

A criminal conviction can directly and immediately impact your current employment as well as future employment prospects. Many employers conduct criminal background checks and a conviction, particularly a felony conviction, can be an automatic disqualification for employment.

Housing Consequences of Having a Criminal Record

Landlords, like employers, typically conduct a background check on prospective tenants. If you are applying for public housing, a criminal conviction may ban you from renting, especially if the conviction is drug-related or for a violent felony. Private landlords have more discretion; however, they are often hesitant to rent to tenants who have a criminal history.

Education Consequences of Having a Criminal Record

Another potential consequence of having a criminal record is losing eligibility for federal financial aid for higher education. If you plan to pursue a college education and will rely (or are relying) on federal financial aid, a drug-related felony conviction can disqualify you from receiving federal grants and loans.

Loss of Civil Rights

A felony conviction can cause you to lose some of your civil rights – rights that you are likely to take for granted, such as the right to vote, the ability to serve on a jury, and the right to own or possess a firearm. In fact, you can lose your right to own a firearm if you are convicted of a domestic violence misdemeanor. Nevada is one of several states that have passed legislation in recent years aimed at restoring civil rights to individuals who have lost them because of a criminal conviction; however, you should still consider the loss of civil rights as a possible consequence of having a criminal record.

Divorce and Child Custody

Divorce is rarely a pleasant process; however, a divorce can get particularly contentious when custody of minor children is involved. If you find yourself in a custody battle, expect your criminal record to be introduced. If your record involves drug-related offenses, domestic violence, abuse of a child, or any violent crime, your record could directly affect your chances of gaining custody of your child or even being granted visitation with your child(ren).

Aggravating Future Convictions

If you are currently being prosecuted for a criminal offense, and this is your first experience as a defendant, you are likely convinced it will be your last experience as well. Hopefully, you are correct; however, if you are arrested again in the future, a previous conviction could be grounds for charging you with a more serious offense and/or increasing the severity of your sentence for a future conviction.

What Should I Do If I Have Questions About the Consequences of Having a Criminal Record?

If you have been charged with a criminal offense in Las Vegas and you have additional questions about the consequences of having a criminal record, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

If you recently received a traffic ticket in Las Vegas, you may be wondering whether to just pay the fine indicated on the ticket or hire a lawyer to help you. While it may seem simpler to just pay the fine, you may not be taking into account all the possible negative repercussions of doing so. Before you decide how to handle your traffic ticket, consider some of the numerous reasons to hire a Las Vegas traffic ticket lawyer first.

A Las Vegas Traffic Ticket Lawyer Can Help You Understand Your Ticket

Under Nevada State laws, the traffic ticket you were issued may be classified as a civil infraction or a criminal misdemeanor. Understanding the difference between the two is crucial, as is understanding which one you were issued during the traffic stop.  A civil infraction, as the name implies, is a civil matter, meaning you do not face criminal penalties, such as jail time. If you admit the violation or are found guilty at a trial, your penalty will be in the form of a monetary fine (usually not more than $500) and points will be assessed against your license.  

If you were issued a ticket for an offense that is classified as a criminal misdemeanor, however, you face up to six months in jail and/or a fine of up to $1,000. To make an informed decision about how to proceed, you need to understand what you were charged with and what all the ramifications are if you are convicted. Consulting with an experienced Las Vegas traffic ticket lawyer is the best way to ensure that you understand your situation and the possible outcomes.

A Las Vegas Traffic Ticket Lawyer Can Contest Your Ticket

Being issued a traffic ticket means you have been accused of committing a traffic infraction or a criminal misdemeanor. It does not mean you have already been convicted! You have a right to contest an infraction or plead not guilty to a criminal misdemeanor. The procedures for doing so, however, are different. For a civil infraction, you must inform the court of your intention to contest the ticket and post a bond. For a criminal misdemeanor, a court date will be scheduled at which time you will enter a plea of not guilty. Further court dates will be scheduled once you have formally contested the ticket. 

Following the correct procedures and adhering to statutory timelines are crucial to preserving your right to contest a ticket. Instead of trying to navigate an unfamiliar legal system, let an experienced Las Vegas traffic ticket lawyer be your guide. Your attorney will ensure compliance with all legal procedures and prepare and present your defense strategy at trial.

A Las Vegas Traffic Ticket Lawyer Can Explain and Negotiate Your Options

One of the most important reasons to hire a Las Vegas traffic ticket lawyer is to ensure that you are aware of your options and the possibility of negotiating the terms of an admission of guilt. For example, if you were charged with speeding as a criminal misdemeanor (over 30 m.p.h. above the posted speed limit), your attorney may be able to negotiate an agreement whereby you admit to speeding as a civil infraction (less than 30 m.p.h. above the posted speed limit) instead of a criminal misdemeanor. 

As you may well imagine, the benefits of reducing a criminal misdemeanor down to a civil infraction are many, including removing the possibility of being sentenced to serving time in jail and avoiding a conviction on your criminal history.

What Should I Do If I Was Issued a Traffic Ticket in Las Vegas?

If you were issued a traffic ticket in Las Vegas, consult with the experienced Las Vegas traffic ticket attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Although allegations of domestic violence were once considered a “private family matter” and routinely ignored by law enforcement, they are now treated very seriously. A conviction for domestic violence can lead to a term of imprisonment, hefty fines, the loss of civil rights, and the loss of current and future employment opportunities. Being falsely accused of domestic violence can be a life-altering, devastating experience. If you are facing false accusations of domestic violence in Las Vegas, it is crucial to know that an experienced criminal defense attorney can help you successfully fight the accusations made against you.

Understanding Nevada’s Domestic Violence Laws

Under Nevada law, battery is charged as battery domestic violence (BDV) when the alleged victim of a battery has a special relationship with the alleged perpetrator, such as husband and wife or sister and brother. BDV can be charged as a misdemeanor or a felony, depending on the circumstances and whether you have a previous conviction for BVD. Along with the potential judicial consequences of a conviction (jail time, fines, probation), you may also face non-judicial consequences if convicted of BVD, including the loss of employment, the loss of your right to own a firearm, and the loss of unimpeded parenting time if you have minor children.

The Alleged Victim Cannot “Drop the Case”

A common misperception in domestic violence cases is that the easiest way to resolve the case is to have the alleged victim “drop the case.” That is not how the judicial system works. Once the State of Nevada has filed charges against you, only the State of Nevada (through the prosecutor’s office) can dismiss those charges. That is not to say that the alleged victim has no input regarding how the case proceeds; however, he/she does not have the legal authority to dismiss the charges against you.

Common Defense Strategies for False Accusations of Domestic Violence

Unfortunately, the (much-needed) efforts to get law enforcement and the judicial system to take accusations of domestic violence seriously means that false accusations are also taken seriously. The good news is that you have every right to defend yourself against false accusations with the help of an experienced criminal defense attorney. The strategy that you and your attorney employ will depend on the unique facts and circumstances of your case, but may include:

·  Alibi evidence: If you are claiming that you were not even with the alleged victim at the time the alleged battery occurred, you might introduce “alibi” evidence proving that claim.

·  Witness statements/testimony: When the alleged battery happened around other people, you might get witnesses to testify that you never touched the alleged victim or that he/she was the aggressor, and you were only defending yourself.

·  Challenging physical evidence: Sometimes, an alleged victim claims injuries that cannot be proven or use questionable evidence to support the injury claim. Your attorney may challenge the existence and/or reliability of that evidence.

·  Providing exculpatory evidence: The prosecution will try and introduce incriminating evidence while your attorney may introduce “exculpatory” evidence. This includes anything that helps rebut the State’s allegations, such as evidence showing injuries you suffered during the incident or evidence proving that the alleged victim received the injuries in another way or at another time.

·  Questioning the alleged victim’s credibility: This defense strategy must be used carefully because blaming the victim is not always well-received by a judge or jury. Nevertheless, if the alleged victim has a history of violence, or has made similar false claims in the past, your attorney may decide to challenge his/her credibility.

The Importance of Abiding by Pre-Trial Court Orders

While it does not fall into the category of “defense strategies,” abiding by the pre-trial court orders is a crucial component of a winning defense in a domestic violence prosecution. Typically, the court issues a no-contact order, or limits contact between the defendant and the alleged victim in a BDV case while the case is pending. Do not violate court orders. Not only could you end up back in jail with additional charges filed against you, but it can result in the judge questioning your character and credibility, which can weaken any defense strategy your criminal defense attorney plans to use.

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

If you are facing false accusations of domestic violence in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

In the 21^st century, having a criminal record can negatively impact everything from job opportunities to housing options. The good news is that if your criminal history is from Nevada, you may be eligible to have your records sealed. This blog will discuss the process to get a record sealed.

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

A common misconception is that “sealing” a criminal record results in the complete destruction and erasure of the record. “Sealing” a record, however, does not completely erase the record. Instead, a “sealed” record is physically removed from the record system, making it unavailable to the general public. Consequently, a prospective employer or landlord will not see the record if they conduct a criminal background check. The record does remain accessible, however, to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in the Nevada Revised Statutes, or a party authorized pursuant to a court order.

Who Is Eligible to Have a Criminal Record Sealed in Nevada?

Fortunately, for anyone wishing to seal the record of a criminal conviction, the State of Nevada allows most records to be sealed if the relevant waiting period has expired. The waiting period begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.  The waiting periods are as follows:

·  Category A felony, felony crimes of violence, and residential burglary: 10 years

·  Battery domestic violence and misdemeanor DUI: 7 years

·  Category B, C, or D felony: 5 years

·  Category E felonies, gross misdemeanors, misdemeanor battery, harassment, stalking, or violation of a protection order: 2 years

Certain offenses are never eligible for record sealing, including sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067 (home invasion), and felony DUI.

How Do I Get My Record Sealed in Nevada?

Although there are state-level requirements for eligibility to have a criminal record sealed, each county implements its own procedures for petitioning to have a record sealed. In Clark County (Las Vegas), the typical steps required in the process to get your criminal record sealed include:

1. Obtain a SCOPE Report: A Shared Computer Operations for Protection and Enforcement (SCOPE) report serves as a verified copy of your criminal history from the law enforcement agency that arrested you. If you were arrested by Las Vegas Metropolitan Police Department (LVMPD), contact them at (702) 828-3475 to obtain a report. If your record is from another jurisdiction, you must contact that law enforcement agency directly to obtain a SCOPE report.

2. Obtain Judgement of Conviction and Discharge:  For each criminal conviction, you also need a copy of the “Judgment of Conviction and Discharge” showing when the case was “closed” to determine when the applicable waiting period began. In Las Vegas, this can be secured from the District Court Clerk at 200 Lewis Avenue, Las Vegas, Nevada 89155.

3. Find Your Court: Information contained in the SCOPE report(s) will tell you in which court(s) you need to file your petition. If all records are from a single Justice Court (such as Henderson Justice Court), you can file your petition directly with that court. If you have records in multiple jurisdictions, you will need to file with the District Court.

4. Prepare Your Documents: You must file a Petition, Affidavit, and proposed Order with the appropriate Court. The Petition must include:

·  All your arrests

·  The police agency or agencies that arrested you

·  The date of the arrest(s)

·  The criminal charge(s)

·  The final disposition of each arrest (conviction, acquittal, or dismissal).

·  All the agencies that have copies of your criminal record

5. Send Documents to District Attorney’s Office: All documents must be delivered to the Clark County District Attorney’s Office. The goal is to get the D.A.’s office to stipulate to the sealing of the record(s) by signing the Order. You will be notified by telephone or mail when the Petition and Order are ready to be picked up.

6. Deliver Documents to Court: Once you have the signed Order to seal the record(s), you must take all the documents to the appropriate Court. The judge will review the documents and (typically) sign off since the D.A. has already done so.

7. Distribute Copies: It is your responsibility to distribute signed copies of the Order to all law enforcement agencies that have a criminal record for you. The agency is then required to remove (seal) the record in their database.

What Should I Do If I Have Questions About the Process to Get a Record Sealed in Las Vegas?

If you have additional questions about the process of getting a record sealed in Las Vegas, consult with the experienced criminal defense attorneys 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 have been charged with driving under the influence (DUI) in Nevada, you likely performed a chemical “breath test” during your arrest. If so, the results of that test, referred to as your “BAC level,” may be introduced as evidence by the prosecution during a trial. As a defendant in a DUI case, it is important to understand what the relevant BAC level is for a DUI charge in Nevada.

What Is a “BAC” Level?

If a law enforcement officer finds probable cause to arrest a motorist for driving under the influence, the motorist is typically asked to submit to a chemical breath test after arriving at the jail or police station. The test requires the arrestee to blow into a tube connected to a machine that analyzes the individual’s breath for the presence of alcohol. If alcohol (ethyl alcohol or ethanol) is detected in the sample, a Blood Alcohol Concentration (BAC) number is provided, indicating the percentage of alcohol in the individual’s blood. For example, a BAC of 0.10 percent means that an individual’s blood supply contains one part alcohol for every 1000 parts of blood.

Nevada DUI Laws

The State of Nevada, like all states, has laws in place making it illegal to operate a vehicle while “under the influence.” Specifically, NRS § 484C.110 makes it illegal to operate a motor vehicle:

•            While impaired by drugs or alcohol.

•            With a blood alcohol content (BAC) of 0.08% or higher.

•            While under the influence of a controlled substance.

For most drivers, this law means that there is a presumption of intoxication if the results of a chemical breath test are 0.08 percent or higher.

Although the relevant BAC level for DUI is 0.08 percent for the majority of drivers in Nevada, certain drivers are held to different standards, including commercial drivers and drivers under the age of 21 years old. Under NRS 484C.120 the relevant BAC level is 0.04 percent for anyone operating a commercial motor vehicle. Nevada also has a “zero tolerance” law for motorists who are under the legal drinking age (21). Under Nevada’s zero-tolerance law, an underage driver can be arrested and charged with DUI with a BAC level of just 0.20 percent.

Can I Be Convicted of DUI with a BAC Below 0.08?

While it is important to understand the significance of a BAC level for anyone who is facing DUI charges in Nevada, it is equally important to understand that you can be charged and convicted of driving under the influence without a BAC level above 0.08 percent (or the relevant level). Pursuant to NRS § 484C.110, having a BAC of 0.08 percent or higher is just one of three ways you can be charged with DUI. Notably, that statute also makes it illegal to operate a motor vehicle “while impaired by drugs or alcohol.” While the presumption created by a BAC level above 0.08 percent makes it easier for the prosecution to secure a conviction, it is possible to be convicted without that presumption.

Do I Have a Defense If My BAC Was Above 0.08 Percent?

Just as it is possible to be convicted of DUI in Nevada without a BAC level above 0.08 percent, it is also possible to avoid a conviction even with a BAC level above 0.08 percent. A skilled DUI defense attorney may employ any of several common defense strategies to prevent a conviction if your BAC level was over the limit, such as:

·  Challenging the test results: Your attorney may argue that the machine was not properly calibrated or that a medical condition impacted the test results.

·  Challenging the test procedures: The test operator may not have followed the proper procedures when administering the test.

·  Rising BAC: If you consumed alcohol right before driving, your BAC level may have been lower when you were driving than when you performed the test, meaning you did not have the requisite BAC level for a DUI conviction.

What Should I Do If I Was Charged with DUI in Las Vegas?

If you have been charged with DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys 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 were recently arrested and charged with driving under the influence (DUI) in Nevada for the first time, you may be wondering whether you need to hire an attorney to represent you. You may be tempted to “go it alone” to avoid the cost of legal representation; however, doing so could be a costly mistake because even a first-time conviction can have significant legal and personal consequences. A better understanding of the benefits of hiring a first-offense DUI attorney ensures that you make an informed decision.

Understanding Nevada DUI Laws

Driving under the influence is governed by NRS § 484C.110 which makes it illegal to operate a motor vehicle:

•            While impaired by drugs or alcohol.

•            With a blood alcohol content (BAC) of 0.08% or higher.

•            While under the influence of a controlled substance.

In the absence of aggravating circumstances, such as an accident that caused serious bodily injury, a first-time DUI is charged as a misdemeanor in Nevada. Conviction of a misdemeanor DUI in Law Vegas subjects you to a potential jail sentence of up to one year, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines and costs.

A Nevada DUI Attorney May Be Able to Prevent a Conviction

A common mistake people make when they are charged with DUI is assuming that they will be convicted. In fact, being charged with DUI is not the same as being convicted. Having an experienced DUI defense attorney on your side is the key to avoiding a conviction when possible. While each case is unique, common defense strategies that a DUI defense attorney might use to prevent a conviction include:

•            Challenging the stop. Contrary to popular belief, a law enforcement officer must have a valid reason to stop your vehicle.

•            Challenging the breath test results. Test results might be inaccurate because the machine was not properly calculated, the test administrator was not properly trained, or you have a medical condition that skewed the results.

•            Rising BAC: Because of the way your body metabolizes alcohol, your test results could be artificially high if you consumed alcohol right before getting behind the wheel of your vehicle.

•            Procedural issues. Law enforcement officers are human, meaning they make mistakes. If a mistake amounts to a violation of your constitutional rights or taints evidence, it may lead to evidence being excluded, meaning the prosecutor cannot use it against you.

A Nevada DUI Attorney Can Negotiate a Favorable Plea Agreement

While a conviction should never be thought of as a foregone conclusion, there are times when a conviction cannot be avoided. When that is the case, is remains beneficial to have an experienced Las Vegas DUI attorney advocating for you during the guilty plea negotiations. Your attorney will ensure that the plea agreement you enter into is as favorable to you as possible which may mean the difference between spending time in jail or only time on probation.

A Nevada DUI Attorney Offers Peace of Mind

For many people, the most important reason to hire an attorney when facing DUI charges is the peace of mind an attorney provides. If this is your first DUI arrest, you are likely unfamiliar with the criminal justice system. Having an experienced attorney by your side to explain the law and procedure to you as well as answer questions throughout the prosecution of your case can be invaluable.

What Should I Do If I Was Charged with DUI in Las Vegas?

If you have been charged with a first-time DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

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.