If you have been charged with a criminal offense in Nevada, the prosecutor will attempt to gather inculpatory evidence that can be used against you at trial. Your criminal defense attorney will try to get that evidence excluded and/or attempt to mitigate the impact of that evidence as part of your overall defense strategy. To help you understand and participate in your criminal case, attorneys at The Vegas Lawyers explain the relevance of inculpatory evidence and the importance of a strong defense.

Inculpatory vs. Exculpatory Evidence

The judicial system in the United States requires the prosecution in a criminal case to prove a defendant guilty beyond a reasonable doubt to secure a conviction. To accomplish that, the prosecution must present compelling evidence of guilt sufficient to convince the judge or jury to find the defendant guilty. Such evidence is referred to as “inculpatory” evidence. Inculpatory evidence, therefore, is any evidence that helps establish the defendant’s culpability. By contrast, evidence that indicates the defendant is innocent or that casts doubt on evidence presented by the prosecution is referred to as “exculpatory” evidence.

What Are Some Common Examples of Inculpatory Evidence?

Although almost anything could be used as inculpatory evidence, most inculpatory evidence falls into one of the following categories:

• Eyewitness Testimony: Anyone who witnessed the crime occurring, or who has first-hand knowledge of the crime may be asked to testify at trial. Prior to trial, the prosecution may question an eyewitness in a deposition to find out exactly what the witness knows and will testify to at trial.
• Physical Evidence: Physical evidence can take many forms in a criminal case, including DNA results, fingerprints, drugs and weapons, articles of clothing, and documents.
• Expert Testimony: Expert testimony is often needed to explain or substantiate other types of evidence. For example, the prosecution might need a blood splatter expert to testify to explain why the victim could not have committed suicide.
• Confessions (Statements Made by the Defendant): Statements made by the defendant, either in writing or during a conversation with law enforcement officers, may be introduced as evidence of the defendant’s guilt.

What Does Nevada Law Say About Inculpatory Evidence?

To build a strong defense, your criminal defense attorney needs to know what inculpatory evidence the prosecution intends to use against you. Fortunately, Nevada law requires the prosecution to disclose that evidence to the defense prior to trial. Specifically, NRS 174.235 allows the defense to inspect and copy or photograph the following types of inculpatory evidence:

• Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness the prosecuting attorney intends to call during the case in chief of the State.
• Results or reports of physical or mental examinations, scientific tests, or scientific experiments made in connection with the particular case.
• Books, papers, documents, and tangible objects.

How Does Understanding Inculpatory Evidence Help Build a Strong Defense?

Nevada law requires the prosecution to disclose to the defendant the evidence it intends to introduce at trial, which allows the defendant to develop a defense strategy that may include:

• Excluding Inculpatory Evidence: Your defense attorney may attempt to have the evidence excluded from trial. If the evidence was obtained illegally, during an illegal search and seizure, for example, the judge may prevent the prosecution from using the evidence at trial.
• Mitigating the Impact of Inculpatory Evidence: Your defense attorney may try to mitigate the impact of inculpatory evidence. For instance, your attorney may call into question the character and reliability of a witness who testifies against you.
• Introducing Exculpatory Evidence: A strong defense strategy might include exculpatory evidence, such as alibi evidence that indicates you were somewhere else when the crime occurred.

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

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

If you have been arrested and charged with domestic battery in Las Vegas, you are likely worried about the outcome of your case. In the meantime, however, you may be feeling overwhelmed and unsure what to expect from the legal system. To help ease some of your anxiety, the criminal defense attorneys at The Vegas Lawyers explain what domestic battery is in Las Vegas and what to expect.

What Is Domestic Battery in Las Vegas?

The criminal offense of battery is defined as “any willful and unlawful use of force or violence upon the person of another” in the State of Nevada and is governed law. Domestic battery, formally referred to as “battery domestic violence (BDV)” undo occurs 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.

What Are the Potential Penalties for Domestic Battery in Las Vegas?

Domestic battery is a criminal offense in the State of Nevada; however, the charges you will face and the corresponding penalties if convicted will depend on your criminal history and the presence or absence of aggravating factors. If you have not been convicted of BDV within the preceding seven years, you will likely be charged with a misdemeanor and face a maximum of six months in jail and/or a fine of up to $1,000 as long as there are no aggravating circumstances. A second BVD conviction within seven years increases the potential penalties while a third will result in being charged with a Class B felony which carries up to six years in prison and a fine of up to $5,000 if convicted. Aggravating circumstances, such as a pregnant victim, the presence of a weapon, or causing substantial bodily harm to the victim can increase the severity of the charges against you and the possible punishment if you are convicted.

What Happens After I Am Arrested for Domestic Battery?

Whether you are arrested at the scene of an altercation or pursuant to an arrest warrant, you will be taken to jail to be booked, which includes fingerprints, and a mug shot. If someone is able to post bail, you will be released and allowed to remain out of custody while your case is pending. If you were charged with domestic battery, your release will likely include a no-contact order prohibiting you from having any contact with the alleged victim. A violation of the no-contact order can result in your return to jail. As such, if the alleged victim wants to drop the no-contact order, discuss how to accomplish that with your attorney.

Your first court appearance will likely be for your arraignment in a Justice Court or a Municipal Court. The judge will ensure that you understand your rights and the charges against you, and you will enter a plea of guilty or not guilty. If you remain in custody, the issue of bail may be revisited. Between your initial appearance and your next court appearance, typically a pre-trial conference, the prosecutor will provide your attorney with “discovery” which essentially tells your attorney what evidence that the prosecution has against you. If you have any interest in a plea agreement, your attorney will attempt to negotiate one with the prosecution before your next court appearance. If you are not interested in pleading guilty, your attorney will develop your defense strategy for trial, which may be before a judge or a jury.

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

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

Although we all know about the danger of drinking and driving, it can be easy to get carried away in a city like Las Vegas where the casinos never close and the drinks never stop flowing. If you were recently arrested and charged with driving under the influence (DUI) in Las Vegas, you may not know what steps to take to protect yourself and your future. The most important step you should take is to consult with a Las Vegas DUI lawyer to avoid the severe penalties that can follow a DUI conviction.

What Is DUI in Nevada?

Driving under the influence is governed by which makes it illegal to operate a motor vehicle:

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

If this is your first or second DUI offense, you will be charged with a misdemeanor unless there are aggravating circumstances to consider. DUI can be charged as a felony if:

• It is your third or subsequent DUI. (Class B Felony)
• 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 Penalties Might I Face If Convicted of DUI in Las Vegas?

If you are convicted of a misdemeanor DUI in Las Vegas you face 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. The potential term of imprisonment for a Class B Felony DUI conviction increases to 20 years, while conviction of a Class A Felony DUI subjects you to a possible prison term of 25 years to life along with a three-year license revocation and a mandatory ignition interlock device installed in your vehicle if/when you are allowed to operate a vehicle legally.

The non-judicial consequences of a DUI conviction can be equally severe, including the loss of current and future employment opportunities, increased insurance premiums, and costs associated with the loss of your driving privileges.

How Can a Las Vegas DUI Lawyer Help Me Avoid Severe Penalties?

Working with an experienced Las Vegas DUI lawyer is the best way to avoid the severe penalties you may face in your DUI case. Your lawyer will thoroughly analyze the facts of your case, including the evidence the State of Nevada plans to use against you, and develop the best possible defense strategy which may involve:

• Focusing on an illegal initial traffic stop.
• Lack of probable cause to arrest you for DUI.
• Problematic chemical breath test procedures.
• Challenging the breath test results.
• Asserting the “Rising Blood Alcohol” defense.
• Negotiating a favorable guilty plea agreement when a conviction cannot be avoided.
• Getting you accepted into the Felony Las Vegas Justice DUI Court (which will result in reducing your felony DUI to a misdemeanor if you successfully complete the program).

The key to protecting your rights, freedom, and future is to consult with an experienced Las Vegas DUI lawyer as soon as possible after your arrest to ensure that all successful defense strategies remain open to you.

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

If you are facing DUI charges in Las Vegas, consult with an experienced Las Vegas 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.

If you drive around Las Vegas on a regular basis, there is a good chance you will eventually be stopped and issued a speeding ticket. If that recently happened to you, you may be tempted to just pay for the ticket regardless of whether you were actually speeding or not. Before you do that, consider the cost of fighting a speeding ticket versus the total costs involved in admitting guilt. Then ask yourself “Is it worth hiring a speeding ticket lawyer near me?

Nevada Speeding Laws

Most citations issued for speeding in Nevada are civil infractions, meaning they are not charged as a criminal offense. There are, however, some speeding charges that are charged as a criminal misdemeanor. If you exceed the posted speed limit by 30 m.p.h. or more, for example, you can be charged with a criminal misdemeanor instead of a simple civil infraction. The distinction is important because you face a higher fine as well as a possible jail sentence if you are convicted of a criminal misdemeanor. Conversely, you cannot be sent to jail if you admit guilt for a civil infraction. Nevada speeding laws are governed by which prohibits:

• Driving faster than the posted speed limit
• Driving faster than 80 miles per hour
• Driving at a speed that is unreasonable for the conditions, such as traffic, weather, or highway surface
• Driving at a speed that could cause injury, death, or property damage

Understanding the Cost of a Nevada Speeding Ticket

Before deciding not to fight a speeding ticket, you should understand the costs involved. If you receive a civil infraction, you will pay a fine of $20 for each mile over the posted speed limit up to a maximum of $1,000. The fine doubles if you were speeding in a school, pedestrian safety, or work zone. If you are charged with a criminal misdemeanor, you face up to six months in jail and a fine of up to $1,000. In addition to any fines or imprisonment, points will be assessed against your license as follows:

• 1-10 m.p.h. over the posted speed limit 1 point
• 11-20 m.p.h. over the posted speed limit 2 points
• 21-30 m.p.h. over the posted speed limit 3 points
• 31-40 m.p.h. over the posted speed limit 4 points
• 41 m.p.h. or more over the posted speed limit 5 points

If you accrue 12 or more points in any 12 months, your driver’s license is automatically suspended for six months. In addition, a speeding conviction will cause your car insurance premiums to increase for several years after the conviction. If you are convicted of a criminal misdemeanor, the conviction will appear any time a prospective employer or landlord runs a criminal history check on you and may prevent you from qualifying for employment or housing opportunities in the future.

Why Should I Hire a Speeding Ticket Lawyer Near Me?

It may initially seem easier to just pay a speeding ticket than to fight the ticket; however, the long-term cost of paying a speeding ticket can be higher than you realize. An experienced speeding ticket lawyer may be able to get your ticket dismissed altogether or reduced to a non-moving violation, avoiding points against your license and insurance penalties. In the long run, the cost of retaining a lawyer is often significantly less than the costs involved in paying a speeding ticket.

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

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

The Securities and Exchange Commission (SEC) is a federal agency responsible for protecting investors, regulating the securities market, and facilitating capital formation. If you received a “target letter,” or you otherwise have reason to believe you are the target of an SEC investigation, it is imperative that you understand what is at stake. Understanding SEC investigations requires insight into the role of the SEC and its enforcement powers.

WHAT IS THE ROLE OF THE SEC?

Each year, more than $1 trillion in securities are traded on U.S. equity markets. Numerous federal laws and regulations are in place to ensure that buying and selling securities is fair and transparent for investors. Among other roles, the SEC provides oversight within the securities market and investigates suspected violations of securities laws and regulations.

UNDERSTANDING SEC INVESTIGATIONS: THE ENFORCEMENT DIVISION

Within the SEC, the Enforcement Division acts as the investigative arm of the agency. Although the SEC itself does not prosecute criminal violations, the Enforcement Division does conduct investigations into alleged criminal conduct related to the securities market and works closely with the U.S. Department of Justice (DOJ) and with law enforcement agencies around the world to pursue criminal cases when warranted. An Enforcement Division investigation may also lead to a civil action in federal court or before an administrative law judge.

HOW DO I KNOW IF I AM BEING INVESTIGATED BY THE SEC?

Understanding SEC investigations begins with understanding what triggers an investigation. The SEC routinely monitors the securities market and filings, flagging anything suspicious. More often, however, investigations begin with a consumer complaint, a whistleblower, or even media reports. If you are the target of an SEC investigation, you may receive a “target” letter indicating the nature of the investigation and asking you to contact the Enforcement Division and/or submit documents to the SEC. If you receive a target letter, or otherwise believe you are under investigation by the SEC, consult with an experienced attorney before responding or complying with any requests made by the SEC.

POTENTIAL OUTCOMES OF AN SEC INVESTIGATION

An SEC investigation may be informal or formal, with most being informal. An informal investigation generally involves broad concerns about a company or individual and may result in the SEC taking no action, issuing a warning letter, pursuing formal enforcement action in civil court, or referring the matter to the DOJ for further investigation and possible criminal prosecution. A formal SEC investigation is usually more targeted and involves specific evidence or information indicating a violation of securities laws or regulations. If a formal investigation is underway, you will likely receive a target letter or a subpoena requiring you to produce records or documents.

WHAT SHOULD I DO IF I AM UNDER INVESTIGATION BY THE SEC?

An SEC investigation is a serious matter and can lead to serious consequences if the investigation leads to evidence of a violation of federal law or regulations. Do not ignore a target letter, subpoena, or other indications of an investigation. At the same time, do not respond or comply without first consulting with an experienced federal defense attorney.

The term “white collar crime” refers to non-violent, financially motivated criminal offenses. White-collar crimes are often mistakenly characterized as less serious offenses; however, the truth is that many white-collar crimes can be charged as high-level felonies that carry correspondingly harsh sentences for a conviction. Understanding the various types of white-collar crimes is the first step toward protecting yourself and avoiding a conviction.

WHO INVESTIGATES AND PROSECUTES WHITE COLLAR CRIMES?

In the United States, both state and federal authorities can investigate alleged criminal conduct. The U.S. judicial system then allows a defendant to be prosecuted at the state and/or federal level. While state laws also make a variety of white-collar crimes illegal, it is the federal government that investigates and prosecutes the majority of serious white-collar crimes. Law enforcement agencies such as the Federal Bureau of Investigation (FBI), Securities and Exchange Commission (SEC), and the Internal Revenue Service (IRS) investigate white-collar crimes which are then prosecuted by the U.S. Department of Justice (DOJ).

TYPES OF WHITE COLLAR CRIMES

The term “white collar crime” was first coined about a century ago by a sociologist who defined the term as “a crime committed by a person of respectability and high social status in the course of his occupation.” That definition has not changed substantially in the intervening decades. Today we apply the term “white collar crime” to non-violent criminal offenses that typically use deceit or concealment to obtain a financial, personal, or business gain. Common types of white collar crimes include:

1. Money laundering

Intentionally hiding the source of illegally obtained money by “cleaning” the money such that it eventually appears to be legally obtained profits.

2. Embezzlement

The fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. Unlike theft, embezzlement starts with a lawful transfer of money or property that then becomes unlawful.

3. Medicare and Medicaid Fraud

A knowing misrepresentation of the truth to obtain unauthorized benefits from the Medicare or Medicaid program.

4. Identity Theft

Wrongfully obtaining and/or using the personal data of another person for financial or personal gain.

5. Cybercrimes and Computer Crime

The use of the internet and/or computer systems to commit other crimes such as fraud, sex trafficking, or dissemination of child pornography.

6. Racketeering/RICO Charges

Federal law makes it a crime for anyone “employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.”

7. Antitrust Violations

Unlawful mergers and business practices that violate federal anti-trust laws including the Federal Trade Commission Act, the Clayton Act, and the Sherman Act.

8. Insider Trading

Using confidential information to gain an unfair advantage while trading on the stock exchange.

9. Ponzi and Pyramid Schemes

Complex schemes that are used to defraud victims of money or property. Ponzi schemes use incoming investor’s money to pay profits to older investors while pyramid schemes involve investors on the bottom of the pyramid paying the investors on the top.

10. Mail and Wire Fraud

Mail fraud requires the mailing of a letter, advertisement, or other correspondence for the purpose of defrauding victims while wire fraud involves an intent to defraud using electronic communications, including a telephone, television, or the internet.

Mail and wire fraud are federal criminal offenses that fall under the category of offenses commonly referred to as “white collar” crimes. Although white collar crimes are non-violent, financially motivated crimes, mail and wire fraud are serious offenses for which you can be sentenced to a lengthy term of imprisonment if convicted. If you are the target of a federal mail or wire fraud investigation, or you have already been charged with either offense, it is in your best interest to consult with an experienced federal criminal defense attorney right away to ensure that your rights and your future are protected.

WHAT IS MAIL FRAUD?

Governed by 18 U.S. Code § 1341, mail fraud is defined as “having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), the use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts).”

Because mail is considered an instrument of interstate commerce, fraud conducted through the mail falls under the jurisdiction of the federal government. Letters, advertising brochures, or informational flyers related to fraudulent schemes (such as a Ponzi scheme) that are distributed through the mail are common examples of conduct that might be prosecuted as mail fraud.

WHAT IS WIRE FRAUD?

Wire fraud is governed by 18 U.S.C. 1343 and is defined as a crime in which:

• The defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money or something of value.
• The defendant did so with the intent to defraud.
• It was reasonably foreseeable that interstate wire communications (such as a computer, television, or telephone) would be used.
• Interstate wire communications were in fact used.

A fraudulent email sent out in the hope of getting a target to share personal and/or financial information used to access the target’s financial accounts is a common example of conduct that might be prosecuted as wire fraud by the U.S. government.

WHAT ARE THE POTENTIAL PENALTIES FOR MAIL AND WIRE FRAUD?

Both mail and wire fraud are felony offenses with a potential penalty of up to 20 years in prison and/or a fine of up to $250,000 for each act of fraud. The possible sentence is increased to 30 years in prison and/or a fine of up to $1 million if mail or wire fraud occurs in conjunction with a presidentially declared disaster, or involves a federal financial institution.

ARE THERE DEFENSES TO ACCUSATIONS OF MAIL OR WIRE FRAUD?

Being investigated for or charged with federal mail or wire fraud is cause for concern; however, defenses may be available to you that prevent a conviction. Only an experienced federal mail and wire fraud defense attorney can evaluate the unique facts of your case and decide what defenses apply, but some common defenses employed when a defendant is charged with mail or wire fraud include:

• No knowledge or intent. The prosecution must prove that you had the intent to commit fraud to secure a conviction. If you were an unwitting participant (such as an employee) in a fraud scheme, you can use your lack of knowledge as a defense.
• Mistake of fact. This defense may be available if you genuinely believed that what you were communicating or sending was not fraudulent.
• Illegal search and seizure. If the government procured evidence against you through an illegal search and seizure, your attorney may be able to get that evidence excluded, meaning it cannot be used against you at trial.