If you are facing charges for driving under the influence (DUI) in Las Vegas, you are undoubtedly concerned about the outcome of your case. While every DUI prosecution is unique, it is important to understand what your DUI sentencing is likely to include if you are convicted.

Understanding DUI Charges in Las Vegas

In the State of Nevada, you can be charged with driving under the influence (DUI) if you are operating a motor vehicle on a public roadway while 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).

If this is your first or second DUI within a seven-year period, you will be charged with Misdemeanor DUI unless there are aggravating circumstances. A third DUI within that seven-year period can be charged as a Class B Felony. DUI can also be charged as a Class B Felony if you have a previous felony conviction for driving under the influence or causing substantial bodily harm or death during the commission of the offense. Finally, a DUI can be 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.

DUI Sentencing for a Misdemeanor

The DUI sentencing penalties first your Misdemeanor DUI in Las Vegas may include from two days to six months in jail or 48 to 96 hours of community service, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines of up to $1,000 and court costs. For a second Misdemeanor DUI within seven years in Nevada, you face a jail term of 10 days to six months, installation of an ignition interlock device for six months to three years, mandatory attendance at a victim impact panel, attendance at DUI school, fines of up to $1,000 and court costs.

DUI Sentencing for a Felony

If you are convicted of a third DUI within a seven-year period you face DUI sentencing for a Class B Felony which may include a term of imprisonment of one to six years, 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.

The penalties you may face for conviction of a Class B Felony DUI based on having a previous felony DUI conviction include two to 15 years in prison, 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.

DUI sentencing for a Class B Felony based on causing substantial bodily injury or death includes a prison term of two to 20 years, 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.

If you are charged and convicted of vehicular manslaughter as a Class A Felony in Nevada, you face all the penalties above plus a term of imprisonment of 25 years to life.

Non-Judicial Consequences of DUI Sentencing

When contemplating the potential DUI sentencing possibilities, it is equally important to consider the non-judicial consequences of a DUI conviction. 

The financial costs of a DUI conviction can be tremendous. Along with hefty fines and court costs, you may be required to pay for the cost of supervising you during any term of probation, the costs of installing and monitoring an ignition interlock device, and the costs associated with alcohol or drug rehabilitation. Moreover, your vehicle liability insurance premiums may increase by 50 percent or more for up to three years following a DUI conviction.

A DUI conviction may impact your current or future employment opportunities, particularly if they require you to operate a company vehicle. In addition, individuals who hold a professional license, such as teachers, attorneys, or healthcare professionals, may face professional discipline, up to and including the revocation of their professional license if they are convicted of a DUI.

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.

“What happens in Vegas, stays in Vegas” – unless you fail to repay a casino marker. In that case, you could wind up with a criminal conviction that follows you wherever you go for the rest of your life. Before you get carried away and accept an offer to extend credit in the form of casino markers, you should understand how a casino marker works and what could happen if you fail to repay the debt in a timely manner.

How Does a Casino Marker Work?

Some people are content to spend hours playing the quarter slot machines while in Las Vegas. Others, however, are drawn to the higher stakes poker and blackjack tables or the mesmerizing roulettes wheels. Not surprisingly, casinos want those players to keep playing because the odds favor the house the longer most players remain at the table. To help further that objective, casinos will extend casino “markers,” representing a line of credit extended to a patron, after a relatively simple application, bank verification, and credit check. The good news is that most casinos do not charge interest on their markers. The bad news is that the entire amount borrowed is usually due and payable in 30 days and the consequences of failing to pay can extend well beyond having a negative impact on your credit score.

Potential Consequences of Failing to Pay a Casino Marker

Imagine that you accepted a casino marker for $10,000 while at a Las Vegas casino one weekend. The terms of the credit extension require you to repay the entire $10,000 within 30 days. If you do not repay the entire amount and fail to secure an extension of time to repay the debt from the casino, the casino will likely begin collections procedures immediately by attempting to withdraw the money from your financial institution (something you agreed to when you accepted the marker). 

If your bank does not have sufficient funds to cover the debt, you will receive a certified “Notice of Refusal of Payment” from the casino, notifying you that you now have 10 days from the date you received that notice to make good on the marker. If the marker is still outstanding after the 10-day mark, the casino will likely contact the Clark County District Attorney’s Office and refer the matter for criminal prosecution.

In the State of Nevada, casino markers are treated like checks, potentially making the failure to pay the debt a criminal matter. Specifically, under Nevada law, it is a crime to “willfully, with an intent to defraud draws or passes a check or draft to obtain… credit extended by any licensed gaming establishment.” 

If the value of the casino marker is less than $1,200, you can be charged with a criminal misdemeanor for failing to repay the marker. If the amount owed on a single marker or a combination of markers extended within a 90-day period exceeds $1,200, the offense becomes a Class D Felony. Conviction of a misdemeanor may include up to six months in jail, a fine, and court costs while conviction of a Class D Felony for failing to pay a casino marker can result in one to four years in prison along with fines and costs.

Can I Avoid a Conviction for Failing to Repay a Casino Marker? 

If you have received a Notice of Refusal of Payment from a casino, now is the time to consult with an experienced Las Vegas defense attorney. Your attorney may be able to prevent the matter from ending up at the District Attorney’s Office. 

If the matter is referred, your attorney will discuss defense strategies with you which may include:

•    Arguing that the marker does not qualify as a check: To qualify as the equivalent of a check under Nevada law, a casino marker must clearly show the payee, the amount of money due, the date, and must be signed by you. Furthermore, the marker cannot be pre- or post-dated and cannot be for a pre-existing debt.

•    Lack of intent to defraud: The “intent to defraud” is a necessary element under the applicable statute. Your attorney may be able to successfully rebut the presumption that you had that intent when you accepted the casino marker.

What Should I Do If I Have a Problem Related to a Casino Marker in Las Vegas?

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

If you have a criminal conviction on your record, you have probably felt the negative repercussions of that conviction in one form or another. Maybe you were disqualified for a job or turned down for an apartment after the results of your background check came back. While no one can turn back the clock and prevent the circumstances that lead to your criminal record from happening, it may be possible to get a fresh start by sealing your criminal record. A Las Vegas record sealing attorney at The Vegas Lawyers explains who is eligible and how to get your criminal record sealed.

Is My Criminal Record Erased When It Is Sealed?

Records relating to arrests and convictions have long been public; however, a prospective employer, landlord, or even date had to go to considerable lengths to find those records in the past. In today’s electronic age, your criminal history is just a few keystrokes away. The good news is that you may be entitled to have your Nevada criminal record sealed, which means that the records related to your arrest and/or conviction will be physically removed from the record-keeping system. It does not mean that the records are permanently erased. 

Your record will remain accessible to an employee of the Central Repository for Nevada Records of Criminal History, a party or agency for an authorized search, state licensing boards (such as the Nevada Gaming Commission), the prosecutor’s office (under certain conditions), or a party authorized pursuant to a court order.

Can All Convictions Be Sealed?

Not all states allow criminal records to be sealed or expunged, and for those that do, they typically limit the convictions that are eligible for minor crimes. Nevada, however, considers most criminal convictions to be eligible for sealing except for the following convictions:
•    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

When Can I Petition to Have My Record Sealed in Las Vegas?

If you are asking to have records sealed relating to an arrest that did not result in a conviction, you can petition the court immediately without a waiting period. If you have been convicted of a crime, you must wait until the case is considered closed, meaning you completed a term of incarceration or period of probation, completed all sentencing conditions, and paid all fines and costs.

In addition, the following waiting periods apply from the date of release from actual custody or discharge from parole or probation, whichever occurs later:
•    15 Years for a Category A or B felony
•    12 Years for a Category C or D felony
•    10 Years for a Category E felony
•    7 Years for a Gross Misdemeanor
•    3 Years for Any Other Misdemeanor

Do I Need a Las Vegas Record Sealing Attorney?

Although the law does not require you to be represented by an attorney when petitioning to seal your criminal record, having one on your side is the best way to ensure that your petition is successful. A Las Vegas record sealing attorney can help you navigate the steps necessary to get your record sealed, including:
•    Obtaining a copy of your criminal history (referred to as a “SCOPE”)
•    Obtaining copies of the “judgment of conviction and discharge” for each conviction.
•    Preparing the Petition for Record Sealing
•    Sending the Petition to the District Attorney’s Office to obtain their stipulation.
•    Requesting a hearing if the District Attorney’s Office denies your petition.
•    Delivering the Petition to the appropriate court for the judge’s approval.
•    You also have the option to request a hearing to argue for approval of your records seal.

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 Las Vegas record sealing attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Being accused of domestic violence can have a negative impact on your relationship with friends, family members, and co-workers. A conviction for domestic violence can have far-reaching and long-lasting negative consequences that go beyond the sentence imposed by the court. The best way to protect your reputation, your freedom, and your future is to have an experienced Las Vegas domestic violence attorney on your side as soon as you realize that you are being accused of domestic violence.

Nevada Domestic Violence Laws

In the State of Nevada, domestic violence is officially referred to as “battery domestic violence” and is governed by NRS 33.018. That statute defines domestic violence as any of several crimes, including battery, committed against someone who has a special relationship with the perpetrator. Battery, under NRS 200.481, is defined as “any willful and unlawful use of force or violence upon the person of another.”

The crime of battery becomes battery domestic violence (BDV) when the alleged victim of a battery is any one of the following:
•    Spouse or former spouse.
•    Any other person to whom the perpetrator is related by blood or marriage.
•    Any other person with whom the perpetrator has had or is having a dating relationship.
•    Any other person with whom the perpetrator has a child in common.
•    The minor child of any of the above-mentioned people.
•    The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian.

Potential Penalties for a Battery Domestic Violence Conviction in Las Vegas

Battery domestic violence (BDV) is charged as a misdemeanor in Nevada if you do not have a previous conviction for BDV within the preceding seven years. If you are convicted of misdemeanor BDV you face up to six months in jail, 48 to 100 hours of community service, six months of counseling, along with fines and costs.

If you have a conviction for BDV within the previous seven years, a second conviction increases the minimum jail time, maximum community service hours, and mandatory counseling time period. 

A third BDV within seven years will be charged as a Category B Felony, punishable by one to six years in prison and a fine of up to $5,000.
If there are aggravating factors, such as the presence of a weapon during the commission of the crime, serious injury to the victim, or a pregnant victim, any battery domestic violence can be charged as a felony and be punishable by up to 15 years in prison.

In addition to the judicial sentence imposed by the court, a conviction for BDV will result in the loss of your right to possess a firearm, regardless of whether the charge was a felony or misdemeanor and without regard to whether you are a law enforcement officer or a member of the military. If you are not a U.S. citizen, a BDV conviction can also trigger deportation proceedings or prevent you from qualifying for a change of status.

How Can a Las Vegas Domestic Violence Attorney Help Me?

If you have been charged with battery domestic violence, it is in your best interest to consult with an experienced Las Vegas domestic violence attorney as soon as possible to ensure that your rights are protected, and all defense options are explored.

If you are released from custody pending the outcome of your case, it is imperative that you abide by the no-contact order issued by the court. An experienced Las Vegas domestic violence attorney may be able to help you get that order dismissed; however, while the order is active it is crucial that you do not violate it to avoid a return to custody.

Your Las Vegas domestic violence attorney will discuss the various potential defense strategies available that may be employed to help you avoid a conviction. If a conviction is unavoidable, your attorney can negotiate the most advantageous plea agreement possible in your case. 

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

If you are facing domestic violence charges in Las Vegas, consult with the experienced Las Vegas domestic violence attorney 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 State of Nevada, a property owner has the right to remove a squatter or evict a tenant and provide them with notice that they cannot legally return to the property. If the individual does return to the property after being properly notified not to do so, they can be charged with “illegal reentry.” If you have been accused of illegal reentry, you likely want to know how much jail time for illegal reentry.

Understanding the Criminal Offense of Illegal Reentry in Nevada

Unlawful reentry, commonly referred to as illegal reentry, is governed by Nevada Revised Statute 205.082 which states that you can be found guilty of illegal reentry if both of the following are true:

1.    An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414 and

2.    Without the authority of the court or permission of the owner, the person reenters the property.

How Might I End Up Being Charged with Illegal Reentry in Las Vegas?

The criminal offense of illegal reentry only occurs under very specific circumstances and is different from other similar crimes, such as trespassing and burglary. While all three crimes – illegal reentry, burglary, and trespassing — involve being on the property of another without permission, there are distinct elements that distinguish each crime from the others.

To be convicted of illegal reentry, the owner/occupier of the property must have “recovered possession” of the property from you prior to your reentry onto the property. For example, if you resided at an apartment under a valid lease agreement but were then evicted from the property and returned without permission of the owner, you could be charged with illegal reentry. Another common example of illegal reentry is when a property owner removes a squatter from the property, but the squatter then returns without permission. In both scenarios, the owner first “recovered possession” after which the person returned to the property.

Trespassing differs from illegal reentry in two possible ways. The first requires the prosecution to prove that you entered onto the property of another person with the intent to “vex or annoy the owner or occupant thereof or to commit any unlawful act.” The other way to be found guilty of trespassing is to enter someone else’s property after having been warned not to return to the property.

While burglary also involves entering onto the property of another person without permission, you must have also had the intent to commit a crime while on the property to be convicted of burglary. Illegal reentry, by contrast, does not involve any specific intent beyond entering the property after having been removed.

How Much Jail Time for Illegal Reentry in Nevada?

If you are facing criminal charges for illegal reentry in Las Vegas, you undoubtedly want to know how much jail time you could receive if you are convicted. In Nevada, illegal reentry is charged as a “gross” misdemeanor, meaning it is the most serious level of misdemeanor. If convicted, you could be sentenced to up to 364 days in jail. You may also be sentenced to serve a period of time on probation, pay restitution if you caused any damage to the property, and be ordered to pay a fine of up to $2,000 along with court costs.

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

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

Facing criminal charges can be an overwhelming and daunting experience, whether you have been charged with a misdemeanor or a felony. Although many things are out of your control, choosing the right attorney to fight for you is not. Having the right lawyer on your side can significantly impact the outcome of your case. Knowing what to look for when vetting lawyers in Las Vegas is the best way to ensure that you choose the right lawyer for your case.

Identify Your Needs and Priorities

If you have been charged with a crime, you need a criminal attorney to represent you. There is an important difference between attorneys who handle a variety of types of cases, including criminal prosecutions, and attorneys who only handle criminal cases. It would be best if you also prioritize your needs. For example, is avoiding a conviction crucial to you or do you want someone to negotiate the most advantageous plea agreement? 

Seek Referrals

As soon as you recognize the need for legal representation, ask friends, family members, and co-workers for referrals. Even if they have not personally needed the services of a criminal law attorney in the past, they are likely to know someone who has. You may be surprised at how many referrals you receive by reaching out to your network. 

Do Your Research

Research potential lawyers in Las Vegas before you reach out to make appointments. You can start by searching the Lawyer Referral Service on the State Bar of Nevada website. Searching for criminal attorneys on the internet can also provide you with a wealth of information. 

Know What to Look for in an Attorney

While no two criminal prosecutions are identical, there are several important characteristics that every defendant should look for in a criminal defense attorney, including:

•    Experience: Consider how long an attorney has been practicing law. Specifically, how long have they been defending people in criminal prosecutions in Las Vegas? You want an attorney who has the experience needed to protect you and your rights.

•    Expertise: While you want to look for an attorney who has been practicing law for a significant time, finding one who focuses on criminal defense is even more important. The criminal justice system is very different from the civil justice system. Having an attorney on your side who has considerable experience representing defendants and navigating the criminal court system in Las Vegas is in your best interest.

•    Resources: When choosing a lawyer, take into account the resources they have available, including access to a private investigator, expert testimony, and dedicated staff members. These resources can be invaluable additions to your defense team.

•    Communication: At your initial consultation, pay attention to how well an attorney listens to you and your story and how well they communicate their thoughts and ideas to you. Ideally, you want an attorney with whom you can easily communicate, given that the attorney may have your future in their hands.

•    Compatibility: Finally, pay attention to the intangible “gut instinct” when choosing an attorney. Hire a lawyer who you feel comfortable with and who you instinctively trust to represent you.

Schedule Consultations

Most criminal defense attorneys offer a free or low-cost initial consultation. Narrow your options down to two or three attorneys and schedule consultations. Go into those consultations prepared with a brief list of questions and concerns that you want to address. Ideally, your choice will be clear after the consultations.

Do You Have Additional Questions about Hiring the Best Lawyers in Las Vegas?

If you have been charged with a criminal offense, and you are looking for an attorney, consult with The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

People are often shocked to find out that they can be charged with a serious crime for conspiring to commit a crime, even if they did not actually commit the crime. If you have been charged with conspiracy in Nevada, you potentially face a lengthy term of imprisonment. Knowing how a conspiracy crime lawyer can help you is crucial to protecting your rights and your freedom.

How Is Conspiracy Defined Under Nevada Law?

In the State of Nevada, the criminal offense of conspiracy is governed by Nevada Revised Statute § 199.480. A criminal conspiracy is defined as “an agreement between two or more people to commit a crime.” A conspiracy can occur even if the underlying crime never takes place. In addition, an “overt act in furtherance of the agreement” is not necessary to convict you of conspiracy in Nevada.

By way of illustration, imagine that you and your friend are discussing robbing a bank. You both agree that you will drive the “getaway” vehicle, and your friend will go into the bank with a note for the bank teller demanding money. Despite the fact that you back out of the bank robbery at the last minute, so no robbery occurs, you could be charged with conspiracy to commit bank robbery.

What Are the Potential Penalties for a Criminal Conspiracy Conviction in Nevada?

The potential punishments for conspiracy depend on the underlying crime that you agree to commit. Generally, criminal conspiracy is charged as a gross misdemeanor in Nevada, punishable by up to 364 days in jail and up to a $2,000 fine. For certain underlying crimes, conspiracy is charged as a category B felony and the potential penalties for a criminal conspiracy conviction increase as follows:

• Murder: The potential penalty is two to ten years in prison and up to a $5,000 fine.
• Racketeering: The potential penalty includes five to 25 years in prison and up to a $25,000 fine.
• Robbery, Assault, Kidnapping (1^st or 2^nd degree), Arsen (1^st or 2^nd degree), Involuntary Servitude, Human Trafficking, or Sex Trafficking: The potential penalties include a term of imprisonment of one to six years.

How Can a Nevada Conspiracy Crime Lawyer Help Me?

As you can see, the potential penalties for a criminal conspiracy conviction can be harsh. If you have been charged with conspiracy, a Nevada conspiracy crime lawyer can help you in numerous important ways, including:

• Protecting Your Rights: As a defendant in a criminal prosecution, you have several important constitutional rights that your attorney can assert and protect for you. Your lawyer can also address any violations of your rights that have already occurred.
• Conducting an Independent Investigation: The State has already investigated the alleged crime; however, there may be exculpatory evidence your attorney uncovers that could help prevent a conviction.
• Analyzing the State’s Case: A conspiracy crime lawyer knows what the prosecution needs to prove to secure a conviction and can analyze the strengths and weaknesses of the State’s case.
• Developing a Defense Strategy: This may include asserting that there was no agreement, that the agreement was not illegal, or may include getting vital State evidence excluded because it was obtained illegally.
• Negotiating a Plea Agreement: If you and your lawyer decide that entering into a guilty plea agreement is in your best interest, your attorney can negotiate favorable terms on your behalf.
• Defending You at Trial: If the case goes to trial, you need a skilled lawyer defending you in court.

What Should I Do If I Am Facing Conspiracy Charges in Las Vegas?

If you have been charged with criminal conspiracy in Las Vegas, consult with an experienced Las Vegas conspiracy crime lawyer at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Despite a concerted effort by advocates and authorities to prevent drinking and driving, people continue to get behind the wheel after imbibing alcohol or other substances. As a result, DUI arrests continue to be commonplace in Las Vegas. If you are facing a felony DUI charge in Las Vegas, it is imperative that you understand the potential consequences of a felony DUI conviction.

When Is DUI a Felony in Nevada?

In the State of Nevada, NRS § 484C.110 governs and defines the criminal offense of driving under the influence, making it illegal to operate a motor vehicle if you are impaired by drugs or alcohol, have a blood alcohol content (BAC) of 0.08 percent or higher, or while you are under the influence of a controlled substance. A third or subsequent DUI within a seven-year period is automatically charged as a Class B felony. In addition, a first or second DUI can also be charged as a felony under the following circumstances:

• You have a previous felony DUI conviction. (Class B Felony)
• You caused substantial bodily harm or death to another person while driving under the influence. (Class B Felony)
• If you have at least three prior DUI convictions and you caused a death you can be charged with DUI as a felony. (Class A Felony)

What Are the Possible Consequences of a Felony DUI Conviction in Las Vegas?

Knowing the possible consequences of a conviction is essential if you have been charged with a felony DUI in Las Vegas. Unless you can avoid incarceration through felony DUI court, you will be sentenced to a minimum term of imprisonment following a felony DUI conviction.

Conviction of a Class B felony DUI based on two prior convictions within the relevant seven-year period subjects you to a sentence of one to six years in prison.

If you are charged with a Class B felony DUI because you have a previous felony DUI conviction, your sentence may include a prison term of two to 15 years.

If you are convicted of a Class B felony DUI, you face a term of imprisonment from two to 20 years. If you are convicted of DUI causing substantial bodily harm, you are not eligible for probation, meaning you will have to serve time in prison.

DUI can be charged as vehicular homicide, a class A felony, if you have at least three prior DUI convictions and you caused a death. If convicted, you face 25 years to life in prison.

In addition to the above-referenced prison terms, the consequences for a felony DUI conviction in Las Vegas may also include:

• A fine that can range from $2,000 to $5,000.
• Mandatory attendance at a Victim Impact Panel
• Installation of an ignition interlock device in your vehicle for one to three years after release from incarceration.
• Suspension of your driving privileges for up to three years.
• Requirement to obtain SR-22 insurance.
• Attendance at Felony DUI Court for up to five years.
• Substance abuse counseling and rehabilitation.
• Loss of civil rights, including your right to vote, your right to own a firearm, and your right to receive public assistance or student loans.

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

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

Being confronted by law enforcement officers who are intent on searching you, your vehicle, or your home can be a frightening experience for the average person. Knowing what to expect and understanding your rights during a Las Vegas warrant search by law enforcement officers is the key to protecting your rights and getting through the process with as little stress as possible.

What Are My Rights Regarding a Search and Seizure

The Bill of Rights, which encompasses the first 10 amendments to the U.S. Constitution, provides all of us with important rights and privileges. The Fourth Amendment is where the right to be free from “unreasonable searches and seizures” is found, reading as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

In addition, Article 1, Section 18 of the Nevada Constitution mirrors the rights found in the U.S. Constitution by guaranteeing people the right to “be secure in their persons, houses, papers, and effects from unreasonable searches and seizures.”

When Are the Police Allowed to Search My Person, Vehicle, or Property?

The 4^th Amendment requires law enforcement to obtain a warrant, based on probable cause, before they can legally conduct a search and seizure; however, the warrant requirement has been watered down over the years. For example, the police can conduct a “pat down” search of your person to check for weapons or contraband without first obtaining a warrant. Likewise, your vehicle may be subject to a warrantless search without violating your rights. Your home, however, retains a high level of protection when it comes to a search. Unless the search falls under one of the few narrow exceptions, a search cannot be legally conducted without first obtaining a warrant. The exceptions that allow a warrantless search include:

• Exigent circumstances.
• Consent.
• Plain view.
• Search incident to a lawful arrest.

What Is “Probable Cause” for the Purpose of Obtaining a Search Warrant?

To obtain a search warrant for the legal search of your home or property, a law enforcement officer must submit an affidavit, preferably in writing, but it can be called in, to a judge or magistrate. The affidavit must include sufficient “probable cause” to justify the authorization of the warrant. “Probable cause” can be defined as a “reasonable belief that evidence of a crime will be found in the place to be searched.” In addition, the warrant requirement must specifically state the place to be searched and the items to be seized. If the judge or magistrate signs the warrant, the police must take a copy with them when they search, and they must abide by the terms of the warrant with regard to where they can search and what they can search for during the search. For example, if the warrant allows them to search for stolen vehicles, they cannot legally open small drawers in a desk where a vehicle clearly could not be found.

Can I Refuse to Consent to a Search?

If law enforcement officers show up at your home or business without a warrant and ask you if they can search the property, you have the right to refuse. In fact, one of the most common mistakes people make is consenting to a search because they are nervous, or they do not understand their rights. Because consent is one of the few exceptions to the warrant requirement, the police frequently exert significant pressure on people to get them to consent to a search when they know they lack the probable cause necessary to obtain a warrant.

What Should I Do If I Was the Subject of a Las Vegas Warrant Search?

If your home or property was searched in Las Vegas, or the police asked you to consent to a search, consult with an experienced Las Vegas criminal defense lawyer at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

If you have been charged with committing a criminal offense, the prosecution of your case may occur in federal or state court. You can even be prosecuted in both state and federal court for essentially the same conduct. For anyone unfamiliar with the legal system in the United States, this can be confusing. It helps to gain a better understanding of the key difference between state and federal crimes and how they are prosecuted.

Understanding the United States Judicial System

The United States operates under what is referred to as a “federalist” system of governance. Federalism involves shared power between a strong central government (federal government) and smaller regional governments (state governments). Under this form of government, both the federal government and the individual state governments have the authority to pass and enforce laws. In the U.S., states can pass laws that provide more protection to defendants in a criminal case than that afforded to them under the U.S. Constitution; however, they cannot pass a law that interferes with or violates the rights enumerated in the Constitution.

Because we operate under a federalist form of government, we have both federal and state (or local) law enforcement agencies, and we have a federal judicial system as well as individual state judicial systems. As such, criminal conduct may be illegal under federal law or state law and may be investigated and prosecuted by the federal or state government.

When Does the Federal Government Have Jurisdiction Over a Crime?

It may sound confusing to know that both the federal and state governments can prosecute criminal offenses; however, for the federal government to prosecute a crime it must have jurisdiction, meaning the authority to make legal decisions and judgments. The federal government only has jurisdiction if the crime fits into one of the following categories:

• The defendant crossed state lines during the commission of the crime. For example, kidnapping becomes a federal crime if the kidnapper crosses a state line.
• Criminal conduct crosses state lines. Drug trafficking and bank robbery are considered federal crimes under the theory that drugs and money almost always cross state lines at some point.
• The conduct involves fraud, deception, or misrepresentation of or to the federal government. In other words, the federal government is the “victim” of a crime such as tax evasion or Medicare fraud.
• Immigration and customs violations. Because the federal government has exclusive jurisdiction over the country’s borders, crimes such as unlawful entry into the U.S. and sex trafficking are considered federal crimes.
• The conduct occurred on federal land or involved federal officers. Assaulting a federal law enforcement officer or committing any crime in a federal park are examples of this category of federal jurisdiction.

How Can Both the State and Federal Government Prosecute the Same Crime?

Although it does not happen frequently, it is possible to be prosecuted in both state and federal court for the same criminal conduct. This is possible because states are considered “separate sovereigns” and, under the “dual sovereignty” doctrine, both governments have the right to prosecute a defendant for the same conduct if it is illegal under both state and federal law and the federal government has the right to assert jurisdiction. Drug trafficking, for example, can be prosecuted in both state and federal courts.

Are the Penalties Different for State and Federal Crimes?

The penalties you face if convicted of a crime are determined by the applicable law making the conduct illegal. Generally, federal maximum sentences are harsher than state penalties. By way of illustration, a first-time conviction for trafficking up to 400 grams of fentanyl in Nevada state court carries a potential sentence of two to 20 years, while the same conviction in federal court carries a sentence of five to 40 years.

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

If you have been charged with a state or federal criminal offense or are the target of a criminal investigation 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.