Having a criminal record can put you at a significant disadvantage in today’s world, preventing you from getting a job, renting an apartment, and even volunteering at your child’s school. If you have paid your debt to society or were never convicted of the charges, you may be eligible to have your criminal record sealed in the State of Nevada. Understanding the process of record sealing in Nevada is essential to moving forward with a clean slate.

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

When a criminal record is sealed in Nevada the physical record is removed from the record system. Thereafter, access to the record is restricted except to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in Nevada Revised Statutes, or a party authorized pursuant to a court order.

How Long Do I Have to Wait to Seal a Criminal Record?

Like most states that allow records to be sealed, the State of Nevada imposes a waiting period before you can petition to have most criminal records sealed. However, there is no waiting period if the charges were dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges, or you were acquitted of the charges. If any of those scenarios apply, you can petition for sealing of your record immediately. For convictions, the case must first be considered closed, meaning you served your jail/prison time, completed probation, completed any required classes, and paid all fines and costs. After the case is closed, the following waiting periods apply:

• A category A or B felony: 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
• A category C or D felony: 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
• A category E felony: 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
• Any gross misdemeanor: 7 years from the date of release from actual custody or discharge from probation, whichever occurs later.
• A violation of NRS 484.379 (Driving under the influence) other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony: 7 years from the date of release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.
• Any other misdemeanor: 3 years from the date of release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

Are There Crimes That Are Ineligible for Record Sealing in Nevada?

While Nevada is fairly liberal with criminal record sealing, there are some crimes that are ineligible to be sealed, including:

• Crime against children under 18 years old
• Sex crimes
• Felony charges of drunk driving (DUI) or drugged driving (DUID)
• Invasion of the home with a deadly weapon

What Is the Process for Record Sealing in Nevada?

If you wish to have your criminal record sealed in Nevada, the first step is to get a copy of your criminal history, referred to as a “SCOPE.” This can be obtained from the local law enforcement agency of the city or county in which the conviction was entered or in which you appeared in court. If you have convictions on your criminal history, you will also need copies of the “judgment of conviction and discharge” for each conviction. These can be obtained from the court where the conviction was entered.

Once you have the necessary documents, you will prepare a petition and order to be sent to the District Attorney’s Office within 30 days. If the District Attorney’s Office agrees to stipulate to the sealing of your record, your final step will be to deliver the petition, order, and approval to the appropriate court for the judge’s signature. If the District Attorney’s Office denies your petition, you should be provided with an explanation indicating why your petition was denied. You also have the option to request a hearing to argue for approval of your records seal.

Can Anyone Still See My Criminal Record After It Is Sealed?

If your petition for record sealing is approved, your criminal record will be inaccessible to most people or entities that run a background check; however, the record is still available under certain conditions. State licensing boards, such as the Nevada Gaming Commission, will still be able to access your record as will the prosecuting attorney’s office under certain circumstances. Generally, however, you can legally deny ever having a criminal record after successfully sealing the record.

What Should I Do If I Need Help with Record Sealing in Las Vegas?

If you have a criminal record that you want sealed 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.

Realizing that you caused the death of another person is traumatic by itself; however, that trauma is exacerbated tenfold if you are also charged with involuntary manslaughter as a result of the death. If you are facing involuntary manslaughter charges in Las Vegas, it is crucial to understand what the prosecution must prove to convict you, what the penalties are if you are convicted, and what defenses might be available to you.

What Is Involuntary Manslaughter?

In the State of Nevada, involuntary manslaughter is governed by NRS 200.070 which defines the offense as “the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.” The statute specifically precludes vehicular manslaughter within the definition of involuntary manslaughter.

In layman’s terms, involuntary manslaughter occurs when you unintentionally kill someone while you are committing an unlawful act (of any kind) or while committing a lawful, but negligent, act. For example, setting off illegal fireworks that end up killing a neighbor or firing a (legal) gun on the 4^th of July that ends up killing someone might both be charged as involuntary manslaughter in Las Vegas.

How Is Involuntary Manslaughter Different from Other Offenses?

Like most states, Nevada law allows for several different criminal offenses related to the killing of another person. First-degree murder is the most serious of those crimes, followed by second-degree murder, voluntary manslaughter, and finally, involuntary manslaughter. First-degree murder requires the killing to have been intentional and committed with malice, while second-degree murder is an unintentional killing where the suspect acted so recklessly that death was a foreseeable consequence. Voluntary manslaughter involves an unintentional “heat of passion” killing.

What Are the Potential Penalties for a Manslaughter Conviction?

Involuntary manslaughter is charged as a Class D felony in Nevada. If convicted, you face a potential penalty of one to four years in prison and/or a fine of up to $5,000. It is not uncommon to be charged with a more serious offense that is negotiated down to involuntary manslaughter through plea agreement negotiations.

Are There Defenses to Manslaughter?

Only an experienced criminal defense attorney can evaluate the unique circumstances surrounding your arrest and discuss the best defense strategy for your case; however, both self-defense and accident are common defenses to accusations of involuntary manslaughter. You have a right in the State of Nevada to use reasonable force if you believe that there is an immediate threat of death or serious bodily injury to you or another person. Self-defense can include the killing of another person if the force used is proportionate to the threat. To claim that the killing was a true accident, you must not have committed an illegal act and your actions must not have been negligent.

What Should I Do If I Have Been Accused of Involuntary Manslaughter in Las Vegas?

If you have been accused of involuntary manslaughter in Las Vegas, consult with an experienced Las Vegas involuntary manslaughter 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.

Despite a concerted effort by the government and advocacy groups to get people to stop driving under the influence, people still get behind the wheel after imbibing alcohol or taking recreational drugs. While this is true everywhere in the United States, it is especially prevalent in Las Vegas. If you have been arrested for driving under the influence (DUI), you need to know what makes DUI a felony in Nevada.

What Constitutes a DUI According to Nevada Law?

Nevada law makes it unlawful to operate a motor vehicle on a public roadway or be in control of a vehicle if any of the following apply:

• You are under the influence of intoxicating liquor.
• You have a concentration of alcohol of 0.08 or more in your blood or breath.
• You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
• You are under the influence of a controlled substance, chemical, poison, or organic solvent.
• You are under the combined influence of intoxicating liquor and a controlled substance.
• You have an unlawful blood level of certain drugs (as defined in the statute).

When Is a DUI a Felony in Las Vegas?

Absent aggravating circumstances, a first or second DUI within seven years is charged as a misdemeanor in Nevada. If you are arrested and charged for a third DUI within those seven years, however, you will be charged with a Class B Felony and face a potential term of imprisonment of one to six years along with a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years (at your expense).

Another way that a DUI can be charged as a felony in Las Vegas is if you have a previous felony conviction for driving under the influence. In that case, it does not matter when you were convicted, it just matters that the previous conviction was for a felony DUI. Sentencing for a conviction with a previous felony conviction is the same as for a third DUI within seven years.

A third scenario in which a DUI can be elevated to a Class B felony in Las Vegas is when you cause substantial bodily harm or death during the commission of the offense. If convicted, you could be sentenced to prison for two to 20 years, in addition to a license suspension, required victim impact panel, and installation of an ignition interlock device.

Finally, a DUI can be charged as a Class A Felony in Nevada if you cause the death of another person (vehicular homicide) while driving under the influence, and you have three or more previous convictions for DUI. Again, it does not matter how long ago you were convicted of prior DUIs, only that you have three or more convictions. If convicted of DUI causing vehicular homicide, you will face a sentence of 25 years to life in prison.

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

If you have been charged with felony DUI in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers immediately as there may be defenses available to you that can avoid a DUI conviction that will negatively impact you for many years to come. Call us at 702-707-3000 or contact us online.

If you have been charged with a criminal offense, the most important thing you can do for yourself, and your future is to retain the services of an experienced criminal defense lawyer. It helps to know what to look for when searching for an attorney. With that in mind, consider the following ultimate checklist for finding trustworthy lawyers in Las Vegas.

Practice Area

One of the most important things to consider is whether an attorney has devoted his or her practice to criminal defense. After graduating from law school and passing the Bar examination, an attorney can practice in any area of the law. Just as you do not want a dermatologist to treat a heart problem, however, you do not want an attorney who focuses on family law cases to represent you in a criminal prosecution. Look for an attorney who has chosen to practice solely or at least predominantly criminal law to ensure that your attorney has the experience and dedication necessary to successfully defend you.

Experience

When it comes to representing you in a criminal case, there is no substitute for experience. Look for an attorney who has significant experience defending people in criminal prosecutions. Ideally, you want an attorney who has experience defending people charged with the same or similar crimes as you. For instance, if you have been charged with DUI, you want an attorney who has handled numerous DUI cases.

Referrals

Often, the best way to find a criminal defense attorney is to ask friends, family members, or colleagues for a referral. There is a good chance that someone you know has needed the services of a criminal defense attorney at some point. Getting a first-hand referral from someone who has been through a similar experience can be invaluable.

Relationships

Search for an attorney who is local and practices in the court system where your case is being handled. People sometimes make the mistake of bringing in an attorney from another area because they are a friend or because they are a big name; however, doing this underestimates the value of the relationships that a local attorney has nurtured. An attorney who works in the court system on a regular basis has developed valuable relationships with law enforcement officers, prosecutors, and court staff.

Reviews

While it is never a good idea to rely entirely on the information you find on the internet when hiring an attorney, it can help to read through reviews to hear what others have to say about a prospective lawyer. Many lawyers in Las Vegas have testimonials on their websites from former clients that can provide valuable insight into how a lawyer interacts with and defends clients.

Strategy

When you have narrowed down your search to a select few options, schedule consultations with those lawyers in Las Vegas to discuss the specifics of your case. Ask them what defense strategies they plan to employ if you hire them to represent you. Do not be shy about asking questions. This is your chance to find out how a lawyer will help you avoid a conviction. If you feel that a conviction is inevitable, ask the attorney what terms they believe they can negotiate for you in a guilty plea agreement. Keep in mind that an attorney cannot promise you an outcome; however, they can tell you what they think will likely happen based on their experience and the facts as you present them.

What Should I Do If I Was Arrested and Charged with a Criminal Offense in Las Vegas?

If you were arrested and charged with a crime in Las Vegas, consult with an experienced 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.

If you have been arrested and charged with a criminal offense, or you have reason to believe you are under investigation for a crime, you may be wondering if you need to retain the services of a Las Vegas criminal defense lawyer. Before you make the mistake of going it alone, you should consider some of the many ways in which an experienced lawyer can help protect you throughout the investigation and prosecution of a criminal case.

A Law Vegas Criminal Defense Lawyer Ensures That Your Rights Are Protected

As a suspect or defendant in a criminal case, you have several important constitutional rights. To benefit from the protection offered by those rights, however, you must know when and how to assert your rights. For example, you have the right to remain silent. If confronted or questioned by the police, assert your right to remain silent along with your right to an attorney. By remaining silent and retaining an experienced Las Vegas criminal defense lawyer immediately, you ensure that your lawyer can step in and make sure that your rights are protected going forward as well as address any previous violations of your rights that may have already occurred.

A Las Vegas Criminal Defense Lawyer Can Conduct an Independent Investigation

Law enforcement officers likely conducted an investigation prior to arresting you. While your attorney is entitled to view any evidence obtained during that investigation, you do not want your future to depend solely on an investigation conducted by the police. Your lawyer can conduct an independent investigation and speak to witnesses on your behalf to ensure that your side of the story is heard.

A Las Vegas Criminal Defense Lawyer Will Explain the Law, Procedures, and Options

If you have never before been charged with committing a crime, the criminal justice system can be extremely confusing and intimidating. You can easily end up with a warrant for your arrest simply because you failed to understand pre-trial procedures or because you did not understand when or where to appear in court. Your criminal defense lawyer understands the laws and procedures and will be by your side as you navigate the criminal justice system.

A Las Vegas Criminal Defense Lawyer Will Negotiate on Your Behalf

At some point, the State (through the prosecuting attorney) will likely offer you a plea agreement. If you are interested in considering such an agreement, your Las Vegas criminal defense attorney will negotiate the agreement on your behalf to ensure that the terms of that agreement are as favorable to you as possible.

A Las Vegas Criminal Defense Lawyer Will Defend You in Court

You have a constitutional right to defend yourself at a trial by jury when accused of a crime in the United States. If you are not interested in pleading guilty, your attorney will discuss the advantages and disadvantages of both a jury trial and a bench trial (trial by judge) to help you decide which way to proceed. Whether you decide to allow a judge or a jury to decide the verdict, your lawyer will vigorously and aggressively defend you during the trial with the goal of avoiding a conviction.

What Should I Do If I Was Arrested for a Criminal Offense in Las Vegas?

If you were arrested and charged with a criminal offense 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.

Although most people are aware of the dangers, and possible consequences, of driving while under the influence (DUI), DUI arrests continue to occur at a steady rate – especially in a city like Las Vegas. “What happens in Vegas, stays in Vegas” may apply to a wide range of questionable behavior; however, if what happens in Vegas is a DUI conviction, that will come with far-reaching and long-lasting consequences that most assuredly do not remain in Vegas.

What Are the Potential Judicial Penalties for a DUI Conviction in Las Vegas?

If you are convicted of a DUI in Nevada, the potential judicial (court-imposed) penalties you face will depend on whether you are convicted of a misdemeanor DUI or a felony DUI. A first or second DUI within seven years is typically charged as a misdemeanor and carries a potential sentence of up to one year in jail, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines and costs.

If there are aggravating circumstances involved, and you are charged with a felony DUI in Nevada, you could be sentenced to anywhere from one year to life in prison, depending on the nature of the circumstances that elevated the charge to a felony. You will also have your license suspended for up to three years and be required to install, and pay for, an ignition interlock device in your vehicle.

What Are the Non-Judicial Consequences of DUI Convictions?

While the actual terms of the sentence imposed by the court for a DUI conviction can be harsh, there are additional consequences that bear consideration as well. The financial cost of a DUI, for example, cannot be understated. Along with a fine of several hundred dollars up to $5,000, you will be required to pay court costs and may incur costs related to probation, alcohol evaluation and treatment, alcohol and drug testing, installation, and monitoring fees for an ignition interlock device, as well as the cost of an attorney. The biggest financial cost of a DUI, however, is often the increased insurance premiums you will pay after the conviction. Expect your premiums to increase by 50 percent or more following a DUI conviction and for those increased premiums to apply for at least three years after your conviction.

If you hold a professional license (physician, attorney, teacher, etc.), another consequence of a DUI conviction may be professional discipline. While the rules vary, most professional licensing boards require those holding a license to report a criminal conviction of any kind. Once the conviction is reported, you may face disciplinary action ranging from a private reprimand to revocation of your license.

If your job involves driving or requires your employer to insure you, a DUI conviction may also threaten your employment if you are now too expensive to insure. By the same token, a DUI conviction may disqualify you from certain jobs that you would otherwise be qualified for in the future.

Finally, keep in mind that a DUI conviction is just that – a conviction for a criminal offense. Even if you avoid spending any time in jail, once you are convicted of driving under the influence, you have a criminal record that can be accessed by future employers, landlords, or even a nosy neighbor. That conviction will remain on your record for at least seven years, after which you can petition to have it sealed if it is for a misdemeanor DUI. A felony DUI conviction, however, remains on your criminal record for life.

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

If you are facing DUI charges in Las Vegas, contact an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss how to avoid ending up with a DUI conviction. Call us at 702-707-3000 or contact us online.

If a federal warrant is issued for your arrest, the odds are very good that you will eventually be arrested. If you have never before been accused of a federal criminal offense, the entire experience will undoubtedly be frightening. With that in mind, a federal warrant lawyer at The Vegas Lawyers explains what steps to take if you have a federal warrant.

Step One: Understanding the Federal Criminal Justice System

The United States operates under a federalist form of government, meaning that we have a central government (federal) along with individual state governments. This division of government also results in both federal and state law enforcement agencies as well as both federal and state criminal justice systems. For a crime to be investigated and prosecuted at the federal level, federal authorities must have jurisdiction. Criminal offenses such as money laundering and drug trafficking are often prosecuted in federal court because the criminal activity “crosses state lines” or “affects interstate commerce.”

Step Two: Know What It Means If I Have a Federal Arrest Warrant

To obtain a federal arrest warrant, the United States Attorney’s Office must present sufficient evidence to a grand jury or a federal judge to conclude that probable cause exists to charge you with a crime. Once a warrant has been issued by a judge (or magistrate), the United States Marshal’s Office is tasked with locating and apprehending the suspect. Unfortunately, you may not find out that you have a federal warrant until after you are in custody. If you have reason to believe that you may have a federal arrest warrant, however, contact an experienced federal criminal defense attorney immediately.

Step Three: Understand Your Rights

Whether you are actually arrested or simply learn that a federal arrest warrant has been issued, it is crucial to understand that you have rights guaranteed to you by the United States Constitution. Chief among your rights is the right to remain silent. That right can only help you, however, if you exercise it by respectfully declining to speak to law enforcement officers without an attorney present. Your right to an attorney is another important constitutional right that applies if you are arrested.

Step Four: Prepare for a Detention Hearing

If you are arrested and charged with a federal crime, you will appear in court at a detention hearing shortly after your arrest. At your detention hearing, a federal judge will decide whether to allow your release while your case is pending and, if so, under what conditions. You may qualify to be released on your personal recognizance which is effectively just your promise to appear for all court hearings, or the judge may approve a conditional release. A conditional release may include paying a bond, home detention, or a variety of other conditions deemed “reasonably necessary” by the judge.

Step Five: Contact an Experienced Federal Warrant Lawyer

Whether you have reason to believe that a warrant has been (or will be) issued, or you have already been arrested on a federal warrant, consulting with an experienced federal warrant lawyer is the key to ensuring that your rights are protected throughout the criminal prosecution that is to follow.

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 attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-3000 or contact us online.

Some drivers intentionally drive over the speed limit while others unintentionally let the needle pass the speed limit while their mind wanders. For a law enforcement officer, all that is needed to write you a ticket is the suspicion that you were driving over the posted speed limit. Because a speeding ticket can be costly in more ways than one, the Vegas Lawyers want you to know five things about handling speeding tickets in Nevada.

1. Speeding Can Be a Crime in Nevada

If you are someone who tends to have a “lead” foot, you should know that speeding can be a criminal offense in Nevada. Speeding starts as a civil infraction, meaning you cannot be imprisoned if convicted. Civil infractions are only punishable by fines and points against your license. If you are convicted of speeding 30 miles per hour or more above the posted speed limit, however, speeding can be charged as a criminal misdemeanor.

2. You Can Be Charged with Speeding Even If You Are Not Going Over the Posted Limit

Like most people, you likely assume that a speeding ticket must be based on the allegation that you were traveling at a rate of speed that exceeded the posted speed limit. The law, however, says that a motorist is also prohibited from traveling “At a rate of speed greater than is reasonable or proper, having due regard for the traffic, surface, and width of the highway, the weather, and other highway conditions” or at “Such a rate of speed as to endanger the life, limb or property of any person.” In other words, you can be issued a speeding ticket if you are traveling at 60 miles per hour and the posted speed limit is 60 miles per hour.

3. You Face Higher Penalties If You Are Speeding in Certain Locations

When speeding is charged as a civil infraction, you face a fine or monetary penalty only for a conviction. The fine or civil penalty, however, can be doubled if the incident occurred in a work zone, school zone, or pedestrian safety zone (pedestrian crosswalks). All three special areas should be well-marked as such, so be sure to slow down when you enter one of these zones.

4. Your Driving Privileges Could Be Suspended for Speeding

When the Department of Motor Vehicles (DMV) receives notification that you have chosen not to challenge a speeding ticket, or you unsuccessfully challenged a speeding ticket, points will be levied against your driving record. Nevada operates on a point demerit system, assigning points when you are convicted of a traffic offense. For speeding, you will receive 1 point if you were traveling 1 to 10 mph over the posted speed limit; 2 points for going 11-20 mph over the posted speed limit; and 3 points for traveling 21-30 mph over the posted speed limit. If you rack up 12 or more points within a 12-month time frame, your license will automatically be suspended for six months.

5. You Can Challenge a Speeding Ticket in Nevada

When you are issued a speeding ticket as a civil infraction, you can simply pay the fine if you do not wish to challenge the ticket, or you can request a hearing within 90 calendar days from the date the ticket was issued if you want to challenge the ticket. If you are charged with a misdemeanor for speeding, you will be required to appear in court, at which time you can plead not guilty if you want to challenge the ticket.

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

If you were issued a speeding ticket in Las Vegas and you wish to challenge the ticket, consult with the experienced speed ticket lawyers 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.

The bright lights, spectacular shows, and high-stakes casinos along the strip in Las Vegas attract visitors from all over the world. It can be all too easy to get caught up in the excitement and potential for a big payout while gambling at a casino. With that in mind, casinos routinely extend “markers” to players to make it easier for them to keep betting. What happens, however, if you fail to repay a marker? Fortunately, legal help may be available if you have encountered a casino marker issue in Las Vegas.

What Is a Casino Marker?

Casino markers are essentially tokens representing a line of credit extended by a casino to a patron. Casinos make it relatively easy for patrons to obtain casino markers, requiring nothing more than a quick application, credit check, and financial institution verification. While casino markers are usually interest-free extensions of credit, the entire balance on a casino marker is typically due and payable within 30 days.

What Happens If I Don’t Pay a Casino Marker?

Each hotel establishes its own policies regarding eligibility for markers as well as repayment of markers. Most casinos, however, require repayment of markers in 30 days. If you fail to repay the marker or procure an extension of time within which to repay the money, the casino may aggressively begin collection procedures. Those procedures will likely include an attempt to collect the money due from your bank account. If there are insufficient funds in your bank account to cover the marker, the casino will send you a certified “Notice of Refusal of Payment.” You have 10 days from the date you receive that notice to pay the marker. If the debt remains outstanding at the end of 10 days, the casino may refer the matter to the Clark County District Attorney’s Office.

It Can Be a Crime to Not Repay a Casino Marker in Nevada

What people often fail to realize when they accept an extension of credit in the form of casino markers is that failing to repay the debt does not simply impact your credit score as is the case with other types of credit because Nevada law effectively treats markers as checks. According to NRS 205.130 a person who “willfully, with an intent to defraud draws or passes a check or draft to obtain… credit extended by any licensed gaming establishment” is guilty of a criminal misdemeanor, punishable by up to six months in jail. If the amount owed on a single marker or a combination of markers extended within a 90-day period exceeds $1,200, you may be charged with a Class D felony. If convicted of a Class D felony you face one to four years in prison and a hefty fine.

Do I Have a Defense If I Need Legal Help With Casino Markers?

Ideally, the best time to get an attorney involved is before a casino sends your marker to the District Attorney’s Office; however, if you have already been charged with a criminal offense for failing to pay a marker, you may have a defense that can prevent a conviction.

One common defense is to assert that the casino marker does not qualify as a “check” under Nevada law and, therefore, they cannot prosecute you under NRS 205.130. For a marker to qualify under that statute it must clearly show the payee, the amount of money due, the date, and must be signed by you. The marker cannot be pre- or post-dated and cannot be for a pre-existing debt.

Another potential defense is to argue that you lacked the “intent” required for a conviction under NRS 205.130. Nevada law presumes that you had the intent to defraud when you took out the casino marker; however, the facts and circumstances may be such that your defense attorney can successfully rebut that presumption.

What Should I Do If I Have a Casino Marker Issue in Las Vegas?

If you have questions or concerns about a casino marker issue in Las Vegas, get legal help from an experienced casino markers attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-3000 or contact us online.

After serving time in a state or federal prison, many prisoners are released on parole. While on parole, a parolee is supervised and subject to numerous restrictions and conditions. A violation of parole in Las Vegas can lead to severe consequences, including a return to incarceration.

What Is Parole?

People often use the terms “probation” and “parole” interchangeably when, in fact, they are not the same thing. Probation is a sentencing alternative that can be used in addition to, or in lieu of, a term of imprisonment. Parole is a period of supervision that follows a prison term when the prisoner is released early. For example, if you are sentenced to a term of 20 years but are released after 15 years for good behavior, you might be required to serve the remaining five years on parole.  While on parole, the Nevada Department of Public Safety supervises parolees who are required to abide by various conditions, such as maintaining employment, refraining from drug and alcohol use, and avoiding a new arrest.

Common Parole Violations

Often, a parolee has spent years, even decades, behind bars, making the transition to civilian life difficult. Add to that, the numerous conditions placed on a parolee and parole violations become even more likely. While there are numerous ways in which a parolee can violate parole, some common violations include:

• Failing a drug screen.
• Failing to obtain or maintain employment.
• Failing to report to a parole officer.
• Associating with known felons or criminals.
• Leaving the jurisdiction without permission.
• Failing to register as a sex offender (if required).
• Getting arrested for a new offense.

What Happens at a Parole Violation Hearing?

When there is an allegation that a parolee has violated parole, the Parole Board issues a written order that serves as an arrest warrant. After the parolee is arrested, a probable cause inquiry is conducted. Assuming that probable cause is found to exist, a hearing is scheduled in front of the State Board of Parole Commissioners. A parole violation hearing is similar to a criminal trial in that the parolee is entitled to be represented by an attorney and has a right to testify; however, the standard of proof for a parole violation is significantly lower than for a criminal conviction. In a criminal trial, a judge or jury must find the defendant guilty beyond a reasonable doubt to enter a conviction. At a parole violation hearing, the Parole Board must only find substantial evidence of a violation to violate the parolee.

Potential Consequences of a Parole Violation

If the Parole Board finds that a violation did not occur, the parolee is returned to supervision to finish his or her parole. If the Parole Board finds that a violation did occur, the parolee is typically remanded to prison to finish out his/her remaining sentence. In addition, if you return to prison following a parole violation, you will lose any “good time” credit you accrued before being released. Instead of returning a parolee to prison, the Parole Board can decide to let the parolee complete his/her sentence at home in residential confinement. Residential confinement usually includes electronic monitoring and severely restricts a parolee’s movement to a job, school, doctor appointments, and court-related appearances.

Las Vegas Parole Violation Defenses

A parolee is entitled to legal representation and to present a defense at a parole violation hearing. Although the standard for a violation of parole is lower than for a criminal conviction, evidence must still be presented indicating that a violation occurred. An experienced Las Vegas parole violation attorney may argue that you were wrongly accused or that there is insufficient evidence to prove a violation occurred.

What Should I Do If I Have Been Accused of Violating My Parole in Las Vegas?

If you have been accused of violating parole in Las Vegas, consult with an experienced Las Vegas parole violation 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.