Whether you are a full-time resident or an occasional visitor to the city, you are probably not surprised to learn that DUI arrests in Las Vegas are a fairly common occurrence. If you were one of the many motorists arrested for DUI in Las Vegas, it is imperative to understand the serious nature of your legal situation. Toward that end, The Vegas Lawyers discuss the legal implications of a DUI arrest and explain what steps should be taken if you have been charged with driving under the influence in Las Vegas.

Nevada DUI Laws

Nevada law makes it a crime to operate a motor vehicle under any of the following circumstances:

• While impaired by drugs or alcohol.
• With a blood alcohol content (BAC) of 0.08% or higher.
• While under the influence of a controlled substance.

While the most common DUI scenario involves a defendant who submitted to a chemical breath test that showed a BAC level of 0.08 percent or higher, it is crucial to understand that DUI arrests in Las Vegas may also allege that a motorist was under the influence of illicit, prescribed, or over-the-counter drugs. It is also important to understand that the prosecution is not required to present evidence of a chemical breath test to prove that a motorist was “impaired” by alcohol while driving.

What Are the Potential Legal Consequences of a DUI Conviction in Las Vegas?

Driving under the influence is usually charged as a misdemeanor in Nevada if it is your first or second offense within a seven-year period. If convicted, you may be sentenced to up to six months in jail, community service work, a license suspension of 180 days as well as mandatory attendance at a victim impact panel and DUI school, installation of an ignition interlock device in your vehicle, and a fine of up to $1,000.

DUI arrests in Las Vegas can result in felony charges if it is your third DUI within a seven-year period, you have a previous felony conviction for driving under the influence or caused substantial bodily harm or death during the commission of the offense, or 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. If you are convicted for felony DUI in Nevada, you face significantly increased penalties, including a lengthy term of imprisonment and a much longer license suspension.

What Steps Should I Take After a DUI Arrest in Las Vegas?

Finding yourself in handcuffs and under arrest for DUI is usually a frightening experience. Knowing what steps to take next can be crucial to the final outcome of your DUI case. While every DUI arrest involves a unique set of facts and circumstances, common next steps include:

1. Exercising Your Right to Remain Silent: A common mistake people make during a traffic stop that turns into a DUI investigation is believing they can talk the officer out of arresting them. You are far more likely to provide the officer with incriminating evidence that can be used against you in court if you answer questions (beyond providing basic identifying information) or engage in conversation. You have a right to remain silent, but you must exercise that right for it to protect you.
2. Getting Released from Custody: If you do not have a lengthy criminal history, you may be released on your “own recognizance,” meaning you will not need to pay a bond, but you do promise to appear in court and abide by all release conditions. If a bond is required, and you cannot afford to pay it, a DUI defense attorney may be able to get your bond reduced at your initial court appearance.
3. Retaining an Experienced Las Vegas DUI Attorney: The negative judicial and non-judicial consequences of a DUI conviction can impact your life for many years to come. With that in mind, the most important step you should take after a DUI arrest is to retain the services of an experienced Las Vegas DUI defense attorney. The sooner an attorney becomes involved in your case, the better your chances are of avoiding a conviction or minimizing the penalties if a conviction is unavoidable.

Contact A Las Vegas DUI Defense Attorney at The Vegas Lawyers

At The Vegas Lawyers, we are dedicated to aggressively protecting you and your rights if you are facing DUI charges in Las Vegas. Consult with an experienced DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

A criminal conviction can cast a long shadow over your life, affecting everything from job prospects to housing opportunities and even your parental rights. In Nevada, however, you may be able to do something about the fact that you have a criminal conviction on your public record by getting that record sealed. Record sealing removes your conviction from public view, offering you a fresh start without the burden of a visible criminal past. To help you get started, The Vegas Lawyers offer a step-by-step guide that explains how to seal your criminal record in Nevada.

What Does It Mean to Seal Your Record in Nevada?

Before taking action, it is important to understand what you can, and cannot, achieve by sealing your criminal record in Nevada. Sealing a criminal record in Nevada does not erase or destroy the record, but it does remove the record from public access. Once sealed, the record is no longer visible to most employers, landlords, or members of the public conducting background checks, although law enforcement and certain authorized agencies may still access sealed records under specific circumstances.

Am I Eligible to Seal My Criminal Record in Nevada?

If you are concerned about your criminal record following you for the remainder of your life, consider yourself fortunate to be dealing with the laws of the State of Nevada as they have relatively liberal record-sealing laws. Most criminal convictions are eligible to be sealed except for sex crimes, felony drunk or drugged driving, invasion of the home with a deadly weapon, and crimes committed against children under the age of 18. You may, however, be required to wait to seal your record because Nevada does use the following waiting periods, calculated from the date of release from actual custody, completion of a suspended sentence, or discharge from parole or probation, whichever occurs later:

• A category A or B felony: 15 years.
• A category C or D felony: 12 years.
• A category E felony: 10 years.
• Any gross misdemeanor: 7 years.
• 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.
• Any other misdemeanor: 3 years.

What Are the Steps Involved in Sealing a Criminal Record in Nevada?

Understanding how to seal your criminal record in Nevada is crucial to putting your past mistakes behind you and moving forward with your life. With that in mind, the following steps are typically required to seal a record in Nevada:

1. Request a SCOPE Report: SCOPE stands for “Shared Computer Operations for Protection and Enforcement” which is a report that serves as a verified copy of your criminal history. You must request a SCOPE report from the law enforcement agency that arrested you. For example, if you were arrested by Las Vegas Metropolitan Police Department (LVMPD), contact them at (702) 828-3475 to obtain a report.
2. Obtain Judgment of Conviction and Discharge:  You also need to obtain a copy of the “Judgment of Conviction and Discharge” for each conviction you wish sealed. If your case was prosecuted in Las Vegas, the Judgment can be obtained from the District Court Clerk at 200 Lewis Avenue, Las Vegas, Nevada 89155. The Judgment must show that the case was “closed.” The date shown in that document will be used to determine your applicable waiting period.
3. Determine Where to File: The SCOPE report also indicates which court has jurisdiction, meaning where to file your petition. If all records are from a single Justice Court (such as Henderson Justice Court), you can file your petition directly with that court; however, if multiple jurisdictions are involved, you will need to file with the District Court.
4. Prepare Your Documents: You must file a Petition that includes all your arrests, the police agencies that arrested you, the dates of the arrests, criminal charges filed against you, and the final disposition of each case. In addition, you must file an Affidavit and proposed Order with the appropriate Court.
5. Make Copies for the District Attorney’s Office: Make copies of all your documents and deliver them to the Clark County District Attorney’s Office for review. Ideally, the District Attorney’s Office will stipulate that you are eligible to have your record sealed. If the D.A.’s office does agree, you will be notified and told how/when to pick up the signed stipulation.
6. File with the Court: Ultimately, you must file all your documents with the appropriate Court for the judge to review. If everything is in order, and the judge agrees that sealing of your record is warranted, the judge will sign an Order.
7. Send Copies to Law Enforcement Agencies: If you do get a signed Order, it is up to you to make sure that all relevant law enforcement agencies receive a copy of the Order. The law enforcement agency is then legally obligated to remove (seal) the relevant record(s) from their computer system.

Contact A Las Vegas Criminal Record Sealing Lawyer at The Vegas Lawyers

If you have a criminal record that you want removed from your criminal history, consult with an experienced criminal record-sealing lawyer at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.

For many years, domestic violence was largely ignored, with allegations often dismissed by police and the courts. In the State of Nevada, however, the law now treats domestic abuse as a serious criminal offense and may impose severe consequences on those who are convicted of committing domestic violence. The Vegas Lawyers explain why having an experienced lawyer on your side is crucial if you are facing domestic violence charges.

Nevada Domestic Violence Laws

Governed by NRS 33.018, domestic violence in the State of Nevada may refer to a variety of conduct, listed in the statute, when the alleged victim is any of the following:

• A spouse or ex-spouse.
• A blood relative or relative by marriage.
• A current or former dating partner.
• A person with whom you share a child.
• A minor child of any of the above.
• Your minor child or a child you are legally responsible for as a guardian.

If you are convicted of domestic violence in Nevada, you could face six months to six years in jail, depending on the severity level of the charges. In addition, you may be required to pay fines and court costs as well as serve a period of time on probation. The non-judicial consequences of a domestic battery conviction, which may include a prohibition against owning or carrying firearms, disqualification from employment, and interference with child custody, can be equally punitive.

Do I Need a Lawyer for Domestic Violence Charges?

If you have been charged with domestic violence in Las Vegas, it is imperative to understand that the consequences can be far-reaching and long-lasting. Allegations of domestic violence, even without a conviction, can disrupt your life and damage your reputation. If you are convicted, you could be sentenced to jail time, mandatory evaluations and counseling, hefty fines, and the loss of numerous rights and privileges. The most important step you can take to help mitigate the negative consequences you are facing is to hire an experienced domestic violence lawyer. Consider a few of the many ways in which an attorney can help you:

• Navigating the Legal Process: Along with the repercussions of being accused of domestic violence, you may also be trying to navigate an unfamiliar legal system. Your attorney will explain the charges and go over the prosecution’s evidence against you as well as walk you through each step in the legal process to ensure that you understand everything that happens during your case.
• Protecting Your Rights: You have several crucial rights guaranteed to you by the U.S. Constitution. Your lawyer will explain your rights to you and make sure that you benefit from them when appropriate. Your lawyer can also address any violations of your rights if necessary.
• Developing a Defense Strategy: Although the prosecution bears the burden of proving your guilt, it is always wise to have a defense strategy in place as soon as possible. An experienced attorney will go over the evidence, facts, and circumstances and discuss your legal defense options with you.
• Negotiating with the State: If you are interested in accepting a guilty plea agreement, your lawyer will negotiate the terms of that agreement with the prosecutor to ensure that you receive the most favorable sentencing provisions possible.
• Advocating on Your Behalf: At every court appearance, including trial (if applicable), your lawyer will act as your voice and advocate on your behalf. This may include conducting an independent investigation, interviewing witnesses, and consulting with therapists or officers of the court.

Contact A Las Vegas Domestic Violence Lawyer at The Vegas Lawyers

If you have been accused of domestic violence, The Vegas Lawyers are dedicated to zealously protecting your rights and defending you in and out of court. Consult with an experienced domestic violence lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Whether you have been charged by state or federal authorities, facing drug charges in the State of Nevada is something that should be taken seriously given the potential penalties of a conviction. Fortunately, you have several constitutional rights that can help protect you as a defendant in a drug case, but you must understand how and when to exercise those rights to benefit from the protection offered. Toward that end, The Vegas Lawyers explain the role of a drug charge lawyer in protecting your rights throughout a criminal prosecution.

What Are My Rights?

In the United States, a defendant in a criminal prosecution is guaranteed several rights found within the first ten amendments to the U.S. Constitution, collectively referred to as the Bill of Rights. Many of the provisions found in the Constitution of the State of Nevada mirror the rights found in the federal Bill of Rights, reinforcing the rights of a defendant in a criminal prosecution, including the right to:

• Remain Silent: Found in the 5^th Amendment to the U.S. Constitution, the right against self-incrimination (right to remain silent) means precisely what it says. Aside from providing basic identifying information, you are not required to speak to a law enforcement or to answer questions. Moreover, you can exercise this right as well as waive the right at any time.
• Be Free of Unreasonable Searches and Seizures:  The 4^th Amendment guarantees that you will be free from “unreasonable searches and seizures.” Unless an exception applies, this right means that a law enforcement officer cannot conduct a search of your person, property, or things without first obtaining a warrant that must be based on probable cause.
• Be Represented by Counsel: The 6th Amendment gives the accused in a criminal prosecution the right to “assistance of counsel.” Although most of us take this right for granted today, the ability to have an attorney defend and protect you in a criminal case was not always the case.
• Be Protected from Double Jeopardy: Located in the 5^th Amendment, the right to be protected from double jeopardy prevents you from being punished for the same offense twice. In a jury trial, jeopardy attaches when the jury is sworn whereas in a bench trial (tried to a judge), jeopardy attaches following the swearing in of the first witness is sworn in. If you enter into a guilty plea agreement with the prosecution, jeopardy attaches when the court accepts the plea.
• Confront and Cross-Examine Witnesses Against You: The 6^th Amendment gives a defendant the right to confront and cross-examine witnesses against them. In practice, this right allows your defense attorney to depose State witnesses, examine the State’s evidence, and ask witnesses for the State questions during a trial.

How Can a Drug Charge Lawyer Protect My Rights?

The rights that are guaranteed to you under both the U.S. and Nevada Constitutions may play a critical role in your defense strategy; however, you need an experienced drug charge lawyer to ensure that those rights are protected and exercised effectively.  Having an experienced lawyer by your side ensures that your rights are protected throughout the prosecution of your case. Common examples of ways in which a drug charge lawyer can help include:

• Acting as a Shield: Once you ask for an attorney during a custodial interrogation, the police must stop asking you questions and may not resume until your attorney is present. Therefore, from the moment you retain an attorney, your lawyer helps protect your right against self-incrimination.
• Investigating the State’s Evidence: Because you have the right to confront and cross-examine witnesses against you, your lawyer will likely schedule depositions prior to trial, allowing you to gain critical information regarding the intended testimony of those witnesses. Your lawyer also has the right to examine physical evidence and documents the State plans to use as evidence as well as arrange for independent testing of physical evidence.
• Challenging Illegally Obtained Evidence: If your right against unreasonable searches and seizures was violated, your lawyer can address that violation by moving to exclude from trial any evidence obtained during that illegal search. The same applies if your right against self-incrimination was violated and the State wants to use anything you said against you at trial.
• Cross-Examining Witnesses: Your lawyer will be prepared to challenge the reliability and credibility of witnesses at trial through cross-examination. Skilled cross-examination can show inconsistencies in a witness’s testimony, bias on the part of a witness, or may even uncover illegal conduct on the part of law enforcement officers during the underlying investigation.

Contact A Las Vegas Drug Charge Lawyer at The Vegas Lawyers

At The Vegas Lawyers, we will aggressively protect and defend your rights if you have been accused of committing a drug-related crime. Consult with an experienced drug charge lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

If you have been arrested and charged with domestic violence in Nevada, it is crucial to understand that you face serious penalties if convicted. While accusations of domestic violence were once shrugged off by authorities, they are now addressed aggressively by law enforcement officers and courts. To help ensure that you understand the potential legal ramifications of your situation if you have been arrested for domestic violence, the attorneys at The Vegas Lawyers explain when domestic violence is a felony in Nevada.

What Qualifies as Domestic Battery in Nevada?

To understand what qualifies as domestic battery in Nevada, you must first understand how the criminal offense of battery is defined. Governed by NRS 200.481, battery is defined as “any willful and unlawful use of force or violence upon the person of another.” Formerly referred to as “battery domestic violence (BDV)” domestic battery under Nevada law refers to a battery when the victim 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.

Is Domestic Battery a Felony in Nevada?

Without aggravating circumstances and in the absence of a history of domestic violence, domestic battery is charged as a misdemeanor in Nevada. You may still be charged with a misdemeanor if you have one previous conviction for domestic battery. There are, however, circumstances under which you could face felony charges for domestic battery in Nevada. Understanding when domestic battery can be charged as a felony under the laws of the State of Nevada is critical if you have been accused of the crime.

Domestic battery (BDV) can be charged as a Category C felony in Nevada if strangulation occurred during the commission of the crime; however, the alleged victim did not suffer substantial bodily injury, and a deadly weapon was not involved in the crime. If convicted, you could be sentenced to one to five years in prison and/or a fine of up to $5,000.

One way to face felony charges for domestic battery is to be charged with BDV for a third or subsequent time within a seven-year period. In that case, you could be charged with a Category B felony, punishable by one to six years in prison and/or a fine of up to $5,000.

You may also be charged with a Category B felony if the alleged domestic battery resulted in the victim sustaining substantial bodily injury but without the use of a deadly weapon. You will also face one to six years in prison and/or up to a $5,000 fine if convicted.

If a deadly weapon was used during the commission of domestic battery, but the alleged victim did not sustain substantial bodily injury, the State may charge you with BDV as a Category B felony, punishable by two to 10 years in prison and/or a fine of up to $10,000.

If a deadly weapon was used and the alleged victim suffered substantial bodily injury or strangulation was used, BDV may be charged as a Category B felony, punishable by an increased term of imprisonment of two to 15 years and/or a fine of up to $10,000.

Finally, if you are a probationer, parolee, or a prisoner who is in lawful custody or confinement at the time a domestic battery crime is committed, you can be charged with a Category B felony and face a prison term of two to 15 years in prison along with a fine of up to $10,000 if convicted. 

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

If you are facing domestic battery charges in Las Vegas, consult with the experienced felony domestic battery attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Gun laws and gun regulations have been the subject of considerable, and often heated, debate in recent years. For firearm enthusiasts and even citizens worried about self-defense, understanding these laws is critical to avoiding problems with law enforcement authorities. Toward that end, the attorneys at The Vegas Lawyers explain what happens if you get caught with a ghost gun in Nevada.

What Is a Ghost Gun?

Although the term “ghost gun” is relatively new, the concept referred to by the phrase is not anything new. A “ghost gun” refers to a firearm without a serial number that has been put together by components purchased either as a kit or as separate pieces. In other words, instead of purchasing the firearm at a local gun store, the owner of the firearm purchased the individual pieces of the gun and put them together to create a fully functioning, and untraceable, firearm. 

The ability to assemble a firearm from a kit or from individually purchased pieces is not something new. As long as firearms have existed, people have had the ability to put them together instead of purchasing a pre-assembled firearm. Both the untraceable nature of ghost guns and the concern that 3D printing technology makes is much easier to create the pieces necessary to assemble ghost guns have caused state and federal authorities to focus on legislation related to ghost guns.

What Happens If You Get Caught with a Ghost Gun in Nevada?

Because “ghost” guns are potentially untraceable, many states have enacted laws relating to the manufacture, sale, or possession of these firearms. Nevada enacted legislation that went into effect in 2022 that makes it illegal to “manufacture or cause to be manufactured or assemble or cause to be assembled a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder…” The only exceptions to this law are if the firearm has been rendered permanently inoperable, is an antique firearm, or has been determined to be a collector’s item. 

It is also illegal under Nevada law (NRS 202.364) to possess, sell, offer to sell, transfer, purchase, transport or receive a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law. The same exceptions apply along with an exception for firearms manufactured prior to 1969.

Nevada’s 2022 ghost gun law was challenged on the grounds that it was “unconstitutionally vague.” In April 2024, the Nevada Supreme Court effectively upheld the constitutionality of the law, meaning that “ghost guns” continue to be illegal in the State of Nevada.

What Are the Potential Penalties for Violating Nevada’s Ghost Gun Laws?

If you are caught manufacturing, selling, transporting, or possessing a “ghost gun” in violation of the relevant Nevada statutes, you can be charged with a gross misdemeanor for a first offense. If convicted, you face up to 364 days in jail and/or a fine of up to $2,000. For a second or subsequent offense, you may be charged with a Category D felony, punishable by one to four years in prison and/or a fine of up to $5,000.

Are Ghost Guns Illegal Under Federal Law?

Not only do you risk violating Nevada state law if you are caught with a ghost gun in Las Vegas, but you may also be in violation of U.S. federal law. In 2025, the U.S. Supreme Court upheld a ruling that allows the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate “ghost guns” under the Gun Control Act of 1968. In essence, the Supreme Court ruling means that ATF can apply the same serial number, background check, and record-keeping requirements to gun making kits that have long been applied to traditional pre-assembled firearms.

What Should I Do If I Was Caught with a Ghost Gun in Las Vegas?

If you were caught with a ghost gun in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

If you are the defendant in a Nevada criminal prosecution, it is imperative that you have a clear understanding of the charges filed against you. Two crimes that are frequently misunderstood and mistakenly used interchangeably are burglary and robbery. Although there are some similarities between the two crimes, they are separate criminal offenses with distinct elements and penalties. To help ensure that you have a firm grasp of your legal situation, the Vegas Lawyers explain the legal difference between burglary vs robbery.

How Is Burglary Defined in Nevada?

Governed by NRS 205.060, the criminal offense of burglary is defined as unlawfully entering or remaining in a dwelling or vehicle with the intent to commit larceny, assault, battery or any felony or the intent to obtain money or property by false pretenses once inside the dwelling or vehicle. It is crucial to understand that having the intent to commit the additional crime satisfies the required element of burglary even if you do not actually commit the additional crime. For example, entering a neighbor’s home with a plan to steal money or jewelry found inside the home can be charged as burglary even if you turned around and left without taking anything.

What Are the Potential Penalties for a Burglary Conviction in Nevada?

Although burglary is always a felony offense in Nevada, the category of felony and potential penalties you face for a conviction will depend on several factors as follows:

• Burglary of a motor vehicle: For a first offense, burglary of a motor vehicle is charged as a Category E felony, punishable by one to four years in prison (which can be suspended) if convicted. A second or subsequent offense is charged as a Category D felony, also punishable by one to four years in prison without the option for a suspended sentence.
• Burglary of a Structure (other than a residence of business): Charged as a Category D felony, punishable by a prison term of one to four years and/or a fine of up to $5,000.
• Burglary of a Business: Charged as a Category C felony, a conviction for burglary of a business is punishable by one to five years in prison and/or a fine of up to $10,000.
• Burglary of a Residence: Burglary of a residence is charged as a Category B felony with a potential penalty of one to 15 years in prison and/or a fine of up to $10,000 if convicted.

How Is Robbery Defined in Nevada?

Nevada law defines robbery as the “unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury…” For purposes of the crime of robbery, the “fear of injury” can be immediate or in the future and a taking is by “means of force or fear” if force or fear is used to do any of the following:

• Obtain or retain possession of the property.
• Prevent or overcome resistance to the taking.
• Facilitate escape.

What Are the Potential Penalties for a Robbery Conviction in Nevada?

Simple robbery, meaning a robbery committed without the use of a deadly weapon, is charged as a Category B felony in Nevada and is punishable by a term of imprisonment of two to 15 years in prison. If a deadly weapon is used during the commission of a robbery in Nevada, you face an additional prison sentence of one to 15 years to run consecutively (after your original sentence).

Burglary vs Robbery in Nevada: What Are the Primary Differences?

Both burglary and robbery are serious criminal offenses in Nevada that carry lengthy prison terms if convicted; however, there are some important differences between the two crimes. While burglary involves entering a home or dwelling with the intent to commit a crime, it does not require you to actually commit that crime and does not require force or threats. 

What Should I Do If I Was Charged with Burglary or Robbery in Las Vegas?

If you have been charged with burglary or robbery 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 702-707-7000 or contact us online.

Being involved in a motor vehicle accident is stressful under normal circumstances. If you were also driving while under the influence of alcohol or drugs when you were involved in an accident, you may be more inclined to make bad decisions in the immediate aftermath. For example, you may be tempted to take off instead of remaining at the scene of the accident.  The attorneys at The Vegas Lawyers explain why leaving the scene of an accident to avoid DUI in Nevada can lead to additional charges and penalties.

What Are My Legal Obligations Following an Accident in Nevada?

If you are involved in a motor vehicle accident that causes damage to property or injury to a person, Nevada law, governed by NRS 484E.030, makes it very clear that you are required to stop at the scene of the accident and provide your name, registration, and address to the other parties involved in the collision and/or to the police. 

If someone was injured in the crash, you are also required to render “reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.”

In addition, Nevada law requires you to notify the appropriate law enforcement agency following a motor vehicle accident that results in death, bodily injury, or property damage valued at $750 or more. This means that even if the police are not called to the scene of a motor vehicle accident, you have a legal obligation to notify the police of the crash by filing a Nevada SR-1 accident report within 10 days of the accident. Failing to file an accident report can result in the suspension of your driving privileges for up to a year while filing a false accident report can be charged as a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $2,000.

Leaving the Scene of an Accident to Avoid a DUI Is a Crime in Nevada

If you are under the influence of alcohol or drugs at the time you are involved in a collision, your knee-jerk reaction may be to leave the scene of the accident to try and avoid being charged with driving under the influence (DUI). Doing so, however, exposes you to additional criminal charges being filed against you because leaving the scene of an accident is a crime in Nevada.

In the State of Nevada, leaving the scene of a property damage accident, or failing to provide information or render aid, is a criminal misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000. It may also result in six points being charged against your driver’s license under Nevada’s demerit point system.

If you leave the scene of a motor vehicle accident that caused injury or death in Nevada, you may be charged with a Category B felony for each person injured or killed in the collision. If convicted, you could be sentenced to a prison term of two to 20 years and/or be fined up to $5,000. Moreover, your sentence cannot be suspended, and you face revocation of your driver’s license if convicted.

Keep in mind that the charges and penalties you face for leaving the scene of an accident to avoid a DUI are in addition to any charges and penalties directly related to driving under the influence. While it can make it more difficult to convict you of DUI without a breath test result taken immediately after a crash, the state can still charge and convict you of DUI even if you fled the scene of the accident. 

What Should I Do If I Left the Scene of a DUI Accident in Las Vegas?

If you left the scene of a DUI accident in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Whether as the result of a guilty verdict at trial or because you entered into a guilty plea agreement with the State of Tennessee, serving a period of time on probation may be part of your sentencing following a criminal conviction. While probation is certainly preferable to spending time in jail, a Nevada probation violation can land you right back in jail. To help you avoid such unwanted consequences, the probation violation lawyers at The Vegas Lawyers explain some common probation violations in Nevada and how you can avoid them.

What Is Probation in Nevada?

Before you begin a term of probation, it is critical to understand what probation is and what it is not. Probation is a sentencing alternative to incarceration, allowing a defendant to avoid or reduce time spent in jail or prison, and may be ordered in lieu of, or in addition to, incarceration. Typically, a judge imposes a sentence that includes a period of incarceration; however, the judge can then suspend a portion of, or even the entire, jail/prison sentence and order that time to be spent on probation under the court’s supervision. 

By way of illustration, you might be sentenced to serve two years in prison with one year suspended and spent on probation. While you will only serve one year in prison, the remaining “suspended” time is still part of your original sentence, effectively hanging over your head while you are on probation. As such, a probation violation could result in the judge ordering you to serve that suspended sentence in prison.

While on probation, all probationers must abide by “standard” conditions, which include things such as maintaining employment or attending school, checking in with a probation officer, refraining from drug and alcohol use, and avoiding any new criminal activity. In addition, you may be ordered to abide by “special” conditions that depend on the nature of the case or personal characteristics, such as paying restitution, completing a drug or alcohol treatment program, undergoing a mental health evaluation, or avoiding contact with certain individuals.

What Are Common Probation Violations?

While probation offers an opportunity to remain out of jail, a violation can result in serious consequences, including a return to jail. Understanding some of the ways you can violate your probation can help prevent such negative consequences and ensure that you keep your freedom. While there are numerous ways to violate probation, a few common violations include:

• Getting arrested on a new charge. A new arrest is a sure-fire way to violate your probation. Although your probation officer has considerable discretion, in most cases, when it comes to deciding whether to file a violation with the court, getting arrested for a new offense while on probation typically triggers an automatic notice to the court supervising your probation. It should go without saying that you need to stay out of legal trouble while on probation.
• Testing positive on a drug/alcohol test. Submitting to random screenings for drugs and alcohol is usually a standard condition of probation and testing positive may result in a violation of your probation. To avoid being violated for a positive test result, assume that you could be tested at any time and refrain from using drugs or consuming alcohol accordingly. If you have a drug or alcohol problem, talk to your officer about rehabilitation options. Do not fail to show up for an appointment because you are concerned about being tested, because the penalties for failing to show up are often worse than those for testing positive.
• Missing a scheduled meeting with your probation officer. Another standard condition of probation is meeting with your probation officer as scheduled. Failing to show up without good cause can trigger a violation. Only a legitimate, documented emergency, such as a death in your immediate family or hospitalization, might justify an absence.

What Happens If I Violate My Probation in Las Vegas?

If a probation violation is filed, you will be notified of the violation and ordered to appear in court for a hearing. A probation violation hearing is similar to a criminal trial; however, the procedural and evidentiary rules are less formal. One important rule that is the same is your right to be represented by an attorney. If the court is convinced that you violated your probation, the judge may issue a warning, extend your probation or implement additional conditions you must fulfill (such as complete rehabilitation), or could revoke your probation and order you to spend your “suspended” sentence in jail or prison. Given the potential consequences, having an attorney on your side at the hearing only makes sense.

What Should I Do If I Am Facing a Nevada Probation Violation?

If you are facing a Nevada probation violation, consult with an experienced Nevada probation violation lawyer at The Vegas Lawyers as soon as possible to discuss your legal rights and options. Call us at 702-707-7000 or contact us online.

Although domestic violence is no longer something that is swept under the rug, viewed as a private “family affair,” victims of domestic violence may still feel trapped, scared, and confused about their legal rights. If you are the victim of abuse, a domestic violence lawyer in Las Vegas can help you navigate the legal system as well as provide you with guidance and legal representation, allowing you to pursue justice and rebuild your life.

Understanding Domestic Violence Laws in Nevada

The term “domestic violence” is a catch-all term used to refer to a variety of criminal offenses in which the victim is 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.

Although assault and battery are what most people associate with “domestic violence,” NRS 33.018 provides a lengthy list of crimes that fall under that broad category, including (but not limited to) arson, burglary, sexual battery, and stalking. Under Nevada law, battery is defined as “any willful and unlawful use of force or violence upon the person of another” while assault is defined as “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.” In Nevada, the term “battery domestic violence, or BVD, is used to refer to a battery in which the victim has a special relationship, as referenced above, with the accused.

How Can a Domestic Violence Lawyer in Las Vegas Help Me?

The prospect of navigating an unfamiliar legal system can be overwhelming to a domestic violence victim who is already experiencing extreme stress and anxiety. If you find yourself in just such a situation, having an experienced attorney on your side may be the key to successfully extricating yourself (and your children, if applicable) from a dangerous and traumatic situation. There are several ways in which a domestic lawyer in Las Vegas may be able to help you, including:

• Obtaining a Protective Order: Under the American judicial system, an accused is considered innocent until proven guilty beyond a reasonable doubt. Because it can take months, even years, for a criminal prosecution to work its way through the judicial system, the law allows you to request a protective order if you are the victim of domestic violence. A protective order can be issued immediately, without providing the accused with an opportunity to rebut the accusations. A domestic violence lawyer can help you obtain a protective order, explain the legal authority and ramifications of the order, and advise you on how to proceed if the accused violates the order. 
• Acting as Liaison with the Prosecutor’s Office: For both the victim and the accused, a domestic violence case can be highly charged emotionally. By their very nature, domestic violence prosecutions often involve children or other family members. The outcome may impact the entire family for many years to come. Whether your goal is to see the defendant convicted and jailed or you plan to recant your original statement to the police, you will need to communicate with the prosecutor’s office. Having a lawyer who can act as your liaison can be invaluable during a stressful time.
• Representing You in Court: The prosecutor represents the State of Nevada, not the victim, in a domestic violence prosecution; however, the prosecution may rely heavily on the victim’s testimony if the case goes to trial. As a victim, it is crucial to have an attorney who represents your best interests throughout the prosecution of a domestic violence case and particularly in court if you are required to testify.

What Should I Do If I Am the Victim of Domestic Abuse in Las Vegas?

If you are the victim of domestic abuse in Las Vegas, consult with a domestic violence lawyer at The Vegas Lawyers as soon as possible to discuss your legal rights. Call us at 702-707-7000 or contact us online.

Domestic violence lawyer Las Vegas