Las Vegas is well known for entertainment, spectacles, and gambling and while the familiar phrase “what happens in Vegas, stays in Vegas” holds true for memories and stories, it does not apply to unpaid casino debts. Accepting casino markers, which function as short-term credit extended by casinos, can lead to consequences that go far beyond a damaged credit score. Failing to repay a casino marker can lead to criminal prosecution and potential penalties that may follow you long after your Las Vegas trip ends. Before accepting casino markers, it is essential to understand how markers operate, why casinos use them, and what can happen if you fail to repay them on time and in full.

How Do Casino Markers Function?

While some Las Vegas casino patrons are perfectly satisfied with passing time at low-denomination slot machines, others gravitate toward high-limit poker rooms, blackjack tables, or the hypnotic spin of the roulette wheel. Casinos have a clear incentive to encourage players to keep playing because the odds increasingly favor the house the longer a player remains engaged. One way that casinos can keep patrons from walking away when their funds are low is to extend them credit in the form of casino “markers.”

Casino markers are legally enforceable credit instruments that allow a casino patron to gamble using the casino’s money instead of their own funds. Although anyone can request a marker, they are commonly offered to players who frequent higher-limit table games such as blackjack, baccarat, poker, or roulette, where wagering can escalate quickly. From the casino’s perspective, extending credit encourages continued play while minimizing interruptions that might occur if a player needs to obtain cash.

To obtain a marker, a patron must complete an application, provide banking information, and consent to a credit check. The application is reviewed and typically approved or denied quickly to facilitate continued play. The simplicity and speed of the application process can create the misleading impression that casino markers are an informal, routine extension of credit. The fact that most casinos do not charge interest on markers often makes them even more enticing to a player who is running low on available funds.

If the casino marker application is approved, the patron signs an agreement that authorizes the casino to draw funds directly from the listed bank account if the marker is not repaid within the agreed timeframe. Most casino markers are due in full within 30 days, although some casinos offer slightly shorter or longer repayment windows depending on the player’s history and creditworthiness. Failing to pay the balance on a casino marker can trigger immediate legal consequences that can accelerate to include criminal prosecution.

Why Las Vegas Casinos Aggressively Enforce Marker Repayment

Casinos operate under a tightly regulated gaming framework in Nevada with casino markers playing a central role in that system.  From a business standpoint, casinos rely on prompt repayment to manage risk and maintain regulatory compliance. As a result, they tend to act quickly when a marker goes unpaid.

Nevada is unique among the states in the way casino markers are treated and pursued when left unpaid. Instead of treating casino markers like ordinary consumer debt, Nevada law allows them to be treated as negotiable instruments similar to checks. This classification gives casinos powerful enforcement tools that are not available to most private creditors.

Patrons who assume that failing to pay a casino marker will lead to nothing more than a few annoying collection calls frequently find out the hard way what a dangerously incorrect assumption that is. Such was the case with NBA veteran Marcus Morris, Sr., who was arrested in Florida on an outstanding warrant out of Nevada for allegedly failing to pay over $265,000 in casino markers.

What Happens When a Casino Marker Is Not Paid

When a marker reaches its due date, the casino will typically attempt to collect payment directly from the patron’s bank account using the authorization provided at the time the marker was issued. If sufficient funds are available, the marker is paid in full, the debt is satisfied, and the matter ends there. If the account lacks adequate funds, and you did not negotiate an extension of time within which to pay the marker, the casino will typically initiate formal collection procedures.

You will receive a certified “Notice of Refusal of Payment” informing you that the bank declined the withdrawal and notifying you that you have a limited time (usually ten days) from receipt of the notice to resolve the debt. During this time, you should be able to pay the outstanding balance, negotiate an extension, or engage an attorney to advocate on your behalf before the casino moves to the next step, which can involve criminal prosecution.

If the marker remains unpaid after the notice period expires, the casino may refer the case to the Clark County District Attorney’s Office. Because casino markers are treated like checks under Nevada law,  the State of Nevada can pursue criminal charges against you for failing to pay the debt. If the outstanding marker is referred to the DA’s office, the issue is no longer a private debt dispute, meaning the State of Nevada is now handling the matter, not the casino.

How Can Unpaid Casino Markers Lead to Criminal Charges in Las Vegas?

In the State of Nevada, a person who “willfully, with an intent to defraud, draws or passes a check or draft to obtain… credit extended by any licensed gaming establishment” is guilty of a criminal offense under NRS 205.130. As such, failing to pay a casino marker can be prosecuted in the same manner as passing a bad check is prosecuted in Nevada.

The severity of the criminal charges you may face for failing to pay a casino marker will largely depend on the amount owed. If the total value of the marker or markers is less than $1,200, the offense is charged as a misdemeanor. If the amount exceeds $1,200, either through a single marker or multiple markers issued within a 90-day period, the charge escalates to a Category D felony.

What Penalties Do I Face for Failing to Pay a Las Vegas Casino Marker?

If you are convicted of a casino marker offense, you face up to six months in jail along with fines and court costs if convicted of a misdemeanor offense. A felony conviction carries far more serious consequences, including a potential prison sentence ranging from one to four years, substantial fines, and a felony conviction on your criminal history that can impact future employment, professional licensing, and result in restrictions on travel or firearm ownership.

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

If you receive a Notice of Refusal of Payment, it is imperative that you act quickly and do not ignore the notice.  While notice does not mean that a conviction is inevitable, failing to understand the serious nature of the situation will likely lead to a conviction. The good news is that an experienced Las Vegas casino marker attorney may be available to resolve the matter before criminal charges are filed against you and can certainly begin working on your defense if charges are filed.

One potential defense strategy in a casino marker prosecution case is to focus on whether the marker legally qualifies as a check under Nevada law. To meet that standard, the marker must contain specific elements, including a clearly identified payee, a definite amount, a date, and the patron’s signature. In addition, the marker must not be post-dated or pre-dated and cannot represent payment for an existing debt. If these requirements are not met, your attorney may be able to get the charges dismissed.

Another common defense involves challenging the essential element of “intent to defraud.” Under Nevada law, you are presumed to have the intent to defraud in most casino marker criminal cases; however, an experienced criminal defense attorney may be able to rebut that presumption.

Your attorney may also rely on procedural errors when mounting your defense. Improper notice, errors in documentation, or failure to follow statutory requirements may serve as grounds to get crucial evidence, including the marker, excluded from trial.

Contact A Las Vegas Casino Marker Attorney at The Vegas Lawyers

If you accepted a casino marker in Las Vegas and are unable to repay the debt, contact an experienced Las Vegas casino marker attorney at The Vegas Lawyers by calling (725) 217-4768 to schedule a FREE consultation to discuss your legal options.

Frequently Asked Questions About Casino Markers in Nevada

Q: What exactly is a casino marker?

A casino marker is a line of credit extended by a casino that is used for gambling. It functions like a negotiable instrument (like a check) that the casino can present to your bank for payment.

Q: How long do I have to repay a casino marker?

Most Nevada casinos give you 30 days to repay a marker in full; however, each individual casino can lengthen or shorten the repayment time. If you miss that deadline and don’t work out an extension, the casino will typically try to redeem the marker through your bank.

Q: How can failing to repay a casino marker lead to criminal charges?

Under Nevada law, failing to repay a casino marker can be treated as passing a bad check with “intent to defraud,” a criminal offense under NRS 205.130. This means nonpayment can trigger misdemeanor or felony charges depending on the value of the marker.

Q: What penalties could I face for not paying a casino marker?

• Under $1,200: Misdemeanor — up to six months in jail and/or fines.
• $1,200 or more: Category D felony — 1 to 4 years in prison, fines, and restitution.

Keep in mind that each unpaid marker can be charged separately and the amount due on multiple markers can be combined to increase the severity of the charges filed by the State of Nevada.

Q: Can you avoid criminal charges if you pay the casino back?

Often, prosecutors will dismiss or reduce charges if you repay the outstanding balance, with some casinos even offering monthly repayment plans. A casino is not required, however, to provide you with additional time to repay the marker.  

Q: Is there a way to defend against casino marker charges?

Yes. Common defenses include arguing that the marker was not a valid negotiable instrument under Nevada law, that you lacked intent to defraud, or that procedural requirements were not followed. An experienced attorney can review the facts and circumstances of your case and decide which defense strategy will likely be successful.

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.

If you were arrested and charged with assault or battery (or both) in Nevada, it is important to understand what the prosecution must prove to convict you. We often hear “assault and battery” used together, leaving one to wonder what the difference is between the two crimes. Are assault and battery the same under Nevada law?

What Constitutes an Assault Under Nevada Law?

Governed by NRS 200.471, 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.”

You are not required to touch the alleged victim for an assault to have occurred. For example, if you attempted to hit someone, but missed, that could be an assault. Likewise, threatening to hit someone or harm someone without actually doing so could qualify as an “assault” under Nevada law. Although words alone are not usually enough for an assault conviction, an outright verbal threat to harm someone could be construed as an assault if the target believed they were in “reasonable apprehension of immediate bodily harm.”

How Is Battery Defined Under Nevada Law?

The criminal offense of battery, governed by NRS 200.481, is defined as “any willful and unlawful use of force or violence upon the person of another.” Common examples of a battery include hitting, biting, pushing, or stabbing someone.

Note that if the alleged victim was someone with whom you have or had a domestic relationship, you could be charged with battery domestic violence under NRS 33.018.

Are Assault and Battery the Same Under Nevada Law?

No. Assault and battery are not the same crime under Nevada law. It is, however, common to be charged with both assault and battery if the conduct meets the requirements of battery under NRS 200.481 because an assault typically turns into a battery the moment you make physical contact with the alleged victim.

What Are the Potential Penalties for Assault in Nevada?

“Simple” assault, meaning there are no aggravating circumstances, is charged as a misdemeanor in Nevada. If convicted, you face up to six months in jail and/or a fine of up to $1,000.

Assault can also be charged as a gross misdemeanor if the alleged victim falls into a protected category, such as a police officer, school employee, healthcare worker, or sports official. If convicted of a gross misdemeanor, you can be sentenced to up to 364 days in jail and fined up to $2,000.

If the assault was made with the use of a deadly weapon or the present ability to use a deadly weapon, assault becomes a category B felony, punishable by a minimum of one year and a maximum of six years in prison and/or a fine of up to $5,000.

What Are the Potential Penalties for Battery in Nevada?

Like assault, “simple” battery is charged as a misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000.

Battery also becomes a gross misdemeanor when the alleged victim is a protected class member, subjecting you to a sentence of up to 364 days in jail and a fine of up to $2,000 if convicted.

Battery without a deadly weapon but that causes substantial bodily harm to the victim or that is committed by strangulation is a category C felony, punishable by a minimum of one year and a maximum of five years in prison and/or a fine of up to $10,000.

If the battery was committed with the use of a deadly weapon, battery can be charged as a category B felony. If no substantial bodily harm occurs, you can be sentenced to a minimum of two years and a maximum of 10 years for battery with a deadly weapon. If substantial bodily harm occurs or the battery was committed by strangulation, battery with a deadly weapon carries a minimum of two years and a maximum of 15 years in prison. You can also be fined up to $10,000 for battery with a deadly weapon.

What Should I Do If I Am Facing Assault or Battery Charges in Las Vegas?

If you have been charged with assault or battery in Las Vegas, 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.