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.

The U.S. Constitution guarantees people the right to “keep and bear arms,” but the individual states have the right to enact and enforce laws relating to the ability to carry a concealed firearm. Violating Nevada’s concealed carry laws can result in serious criminal charges being filed against you that could result in you facing a lengthy term of imprisonment if you are convicted. To help you comply with Nevada’s gun laws, The Vegas Lawyers explain the Nevada gun laws that apply to concealed carry.

What Does “Conceal Carry” Mean?

In 1982, Nevada amended Article 1, Section 11 of the state Constitution to read “Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.” The right to bear arms, however, does have restrictions in Nevada. As a general rule, Nevada is an “open carry” state, meaning that anyone may carry a firearm on their person if the firearm is clearly visible. Conversely, carrying a “concealed” firearm is prohibited unless you have a permit. A “concealed firearm” refers to a loaded or unloaded handgun that is carried upon a person in such a manner as not to be discernible by ordinary observation. NRS 202.3653. The Nevada Attorney General’s Office has also issued an opinion clarifying that a concealed weapon can be carried on your person or in a container carried by you, such as a purse, briefcase, or bag.

Can I Be Arrested for Carrying a Concealed Firearm in Nevada?

Not only is it illegal to carry a concealed firearm in Nevada without the proper license, but you can be arrested and charged with a felony for doing so. NRS 202.350 makes it a Class C felony to carry a concealed firearm, subjecting you to a prison term of up to five years and/or a fine of up to $10,000 if charged and convicted of violating the Nevada gun laws applicable to concealed carry.

What Is a Conceal Carry Permit in Nevada?

Nevada, like many other states, does not completely prohibit carrying a concealed firearm; however, you must have a valid concealed carry permit to carry a concealed weapon. To obtain a concealed carry permit, you must apply in the county where you are a resident or the county where you received training if you are an out-of-state resident. You must also be 21 years of age or older or 18 years of age or older and be active in the military or have received an honorable discharge. Finally, you must be able to lawfully possess a firearm and successfully complete an approved firearms course taught by a certified Nevada CCW instructor inside the state of Nevada. Your application for a concealed carry permit may be denied for a variety of reasons, including, a conviction of a felony, admission to a mental facility within the previous five years, or a conviction for domestic violence.

What Does It Mean to Be a “Shall” Issue State?

Nevada is a “shall” issue state when it comes to concealed carry permits. The “shall issue” law was enacted to provide uniformity within the concealed carry application and approval process. Prior to modifying the law to make Nevada a “shall issue” state, each individual county reviewed and approved or denied applications, leading to a noticeable disparity in the criteria used to approve or deny applications across the state. The “shall issue” law effectively makes it so that an applicant who meets all requirements and who does not have any statutory disqualifying factors, must be issued a concealed carry permit.

What Should I Do If I Have Been Charged with Violating a Nevada Concealed Carry Law?

If you were arrested and charged with violating Nevada’s concealed carry law, 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.

It is almost a teenage right of passage to use a fake ID to gain entrance to bars, gamble, or purchase nicotine or alcohol. Knowing that the Nevada legislature made having a fake ID for those purposes a misdemeanor. There are other scenarios, however, when you can be charged with a felony for offenses related to fake IDs in Nevada.

When Is Having a Fake ID a Felony in Nevada?

Nevada Revised Statutes 205.465 governs many criminal offenses related to fake IDs in Nevada. According to that statute, there are several ways related to fake IDs in which you could be charged with a felony, including:

• Establishing a false identity: It is unlawful for a person to possess, sell, or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license, or identity for himself or herself or any other person. Possession of such documents is a category E felony (the lowest felony category) in Nevada.
• Sale or transfer of a fake ID:  The sale or transfer of a fake ID or documents used to establish a fake identification is charged as a category C felony in Nevada.
• Possession of fake ID to commit certain crimes: Possession of fake identification or documents to commit any of the crimes listed in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive (forgery and fraud offenses) is also a category C felony.
• Sale or transfer of fake ID with aggravating factors: The sale or transfer of personal identifying information can be elevated to a category B felony if any of the following aggravating factors apply:
  • The identifying information is that of an older person or a vulnerable person.
  • The identifying information is that of five or more persons.
  • Someone suffered a financial loss or injury of $3,000 or more as a result of the violation.

Potential Penalties for Felony Fake ID Charges in Nevada

The potential penalties you face if convicted of a fake ID offense in Nevada will depend on the level of felony involved as follows:

• Category E Felony: Punishment includes a potential term of imprisonment of one to four years and/or a fine of up to $5,000.
• Category C Felony: The penalties for a category C felony in Nevada include a prison term of one to 10 years along with a potential fine of up to $10,000.
• Category B Felony: Conviction of a category B felony in Nevada carries a potential term of imprisonment of up to 20 years and/or a fine of up to $100,000.

What Should I Do If I Was Charged with a Felony Fake ID Offense in Las Vegas?

If you were arrested and charged with a felony in relation to a fake ID 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’re facing domestic violence charges in Las Vegas it is imperative that you take the charges against you seriously because the judicial penalties and non-judicial consequences of a conviction can be life-altering.

How Is Domestic Violence Defined by Nevada Law?

Governed by NRS 33.018, domestic violence is defined as “committing one of the following acts upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:”

• A battery.
• An assault.
• Coercion pursuant to NRS 207.190.
• A sexual assault.
• A knowing, purposeful or reckless course of conduct intended to harass the other person.
• A false imprisonment.
• Pandering.

What Are the Potential Penalties for a Domestic Violence Conviction in Nevada?

Generally, a first or second offense of domestic violence is charged as a misdemeanor in Nevada. For a first offense, you face a minimum of two days and a maximum of six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. You may also be required to complete domestic violence counseling. For a second conviction for domestic violence within seven years the term of imprisonment increases to a minimum of 20 days in jail, community service work increases to a minimum of 100 hours, the term of counseling is one year, and the minimum fine is $500.

If you are charged with domestic violence for a third time within the same seven-year period, you will be charged with a Class B Felony, punishable by one to six years in prison and a fine of $1,000 to $5,000. You may also face felony charges for domestic violence if there are aggravating factors, such as the victim was pregnant at the time or the victim suffered serious bodily injury. Depending on the circumstances, you could face up to 15 years in prison for a domestic violence conviction involving aggravating factors in Nevada.

Additional Consequences of a Domestic Violence Conviction

Along with the judicial penalties imposed by the court at sentencing, there are additional consequences for domestic violence charges of which you should be aware. You will lose your right to possess a firearm if you are convicted of domestic violence. This applies regardless of whether the charge was a felony or misdemeanor and the fact that you are a law enforcement officer or a member of the military is not considered. A domestic violence conviction can also trigger deportation proceedings or prevent you from qualifying for a change of status if you are not yet an American citizen.

What You Need to Know about a No Contact Order

Early on in the prosecution of most domestic violence cases, the court issues a “no contact” order, also referred to as an injunction, that orders the defendant to refrain from having any contact with the alleged victim. A violation of this order can result in a revocation of your bond on the original charge, meaning you will return to jail, and you could face additional criminal charges for violating the order.

Can’t the Alleged Victim Drop the Charges?

A common misperception is the belief that the alleged victim in a domestic violence case can “drop the charges.” The State of Nevada is the party charging you with domestic violence, not the alleged victim. Therefore, only the prosecuting attorney, on behalf of the State, can dismiss those charges.

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

If you have been charged with domestic violence 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.

In the State of Nevada, domestic violence is a criminal offense that involves committing any of several different criminal acts against a current or former spouse, a blood relation, your child, a current or former boyfriend or girlfriend, or someone with whom you have a child in common. Domestic battery can be charged as a misdemeanor or felony, depending on the circumstances. A conviction for domestic violence may subject you to a lengthy term of imprisonment; however, you may have a viable defense. The criminal defense attorneys at The Vegas Lawyers explain some common legal strategies used when defending against domestic violence charges. 

Understanding the Role of the Victim

Before discussing actual defenses, it is important for anyone facing domestic violence charges to understand the role of the alleged victim. The State of Nevada, not the victim, files and pursues criminal charges against a defendant. This means that the alleged victim cannot simply “drop the charges” against you. If the alleged victim chooses (of his or her own accord) not to cooperate with the prosecuting attorney, it may help your defense; however, the alleged victim does not have the power to dismiss the case against you.

Self-Defense/Mutual Combat

Domestic violence charges often stem from a “mutual combat” scenario where both the defendant and the alleged victim were actively combative. To successfully claim self-defense in Nevada, there must have been an urgent threat that caused you to have a reasonable belief that harm was imminent, and your response must have been proportional to the threat.

It Wasn’t Me/It Never Happened

Another common defense strategy can be thought of as the “prove it” defense. The prosecution has the burden of proving your guilt beyond reasonable doubt. Sometimes, the best defense is to force the prosecution to do just that. If there is no evidence of physical injury and/or no evidence that you were present when the victim was injured, the State’s case may boil down to your word against the word of the alleged victim. In that case, maintaining that the alleged victim was not injured and/or that you were not the one who caused the injury may be a winning defense.

It Was an Accident

During a heated argument, you may have unintentionally injured the alleged victim. In that case, you may be able to assert that the alleged victim was accidentally injured. This defense essentially admits that the alleged victim was injured; however, you did not have the required “mens rea” (state of mind) necessary to convict you of a crime.

Legal or Procedural Errors

This encompasses a broad array of things that the police may have done wrong during the investigation or arrest. For example, if the police failed to provide Miranda warnings and then elicited a confession from you, that confession may be inadmissible at trial because your Constitutional rights were violated. Likewise, if law enforcement officers conduct an illegal search, any evidence seized during that search may be excluded at a trial based on a violation of your 4^th Amendment right against unreasonable searches and seizures. Procedural errors, such as a break in the evidentiary “chain of custody,” may also be used as the basis of a winning defense strategy in a domestic violence prosecution.

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

Because the defense strategy employed for your case will depend on the unique facts and circumstances surrounding your arrest, it is in your best interest to consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your defense options. Call us at 702-707-3000 or contact us online.