Being charged with domestic violence can be an overwhelming experience, particularly if the allegations are false or exaggerated. Not only can a conviction for domestic violence result in a term of imprisonment and hefty fines, but it could also negatively impact employment and housing opportunities as well as custody and parenting time with minor children. Working with an experienced criminal defense attorney is the key to getting domestic violence charges dropped in Las Vegas.

Domestic Violence Laws in Nevada

In the State of Nevada, domestic violence is officially charged as “battery domestic violence (BDV) when there is a close relationship between the alleged perpetrator and victim, such as a dating or a familial relationship. A first-time BDV without aggravating circumstances (such as serious bodily injury) is charged as a misdemeanor; however, BVD can be elevated to a felony for repeat offenders or when the victim suffered serious injury.

Why Is It Important to Avoid Conviction for Domestic Violence?

Of course, it is always wise to try and avoid any criminal conviction; however, it can be particularly important to avoid being convicted of domestic violence given the repercussions of a conviction. Even a conviction for misdemeanor BVD can lead to jail time, mandatory counseling, and significant non-judicial consequences. Prospective employers and landlords may disqualify you if they see a conviction for BVD in your criminal history. You could also lose your right to vote, own a firearm, and even change your immigration status with a conviction for BVD. Worse still, a BVD conviction can interfere with your custodial or parental rights if you are the parent of a minor child, and you are going through (or have gone through) a divorce.

Strategies for Getting Domestic Violence Charges Dropped

• If you have been charged with battery domestic violence in Nevada, it is imperative that you hire an experienced criminal defense attorney to ensure that you present the best possible defense. Contrary to popular belief, the alleged victim in a BDV case cannot simply “drop the charges.” Although the alleged victim is an integral part of the State’s case against you, the State of Nevada is prosecuting the case, not the victim. As such, only the State of Nevada can dismiss the charges. The tactics and strategies employed by your defense attorney will depend on the unique details of your case, but may include any of the following:
• Exclusions of evidence: If any of the evidence that the State plans to use against you was obtained illegally, your attorney may be able to get the evidence excluded from trial. For example, if evidence was obtained during a warrantless search and seizure or during questioning that violated your 5th Amendment rights, that evidence may not be used against you at trial. Your attorney will file a pre-trial motion that, if granted, could result in the State dropping the charges.
• Burden of proof: The State has the burden of proving that you are guilty beyond a reasonable doubt. Sometimes, the State’s evidence is clearly insufficient to meet its burden. In a BDV case, this often happens when the alleged victim wants to recant, meaning that he/she is no longer willing to testify against you. Your attorney may be able to point out the weakness in the State’s case and get the charge dismissed.
• Exculpatory evidence: Although you are not required to present a defense, you may have exculpatory evidence that proves you are not guilty. For example, you might have a video or neutral witnesses who saw the alleged assault and are willing to testify that you did not assault the alleged victim. If such evidence exists, your attorney may be able to present it to the State and get the charges dismissed.
• Challenge the victim’s credibility: While it is crucial to be careful not to attack the alleged victim, a victim who lacks credibility can be the key to getting domestic violence charges dismissed. Talk to your attorney if you have evidence that brings the alleged victim’s character or credibility into question.

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

If you have been charged with domestic violence 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 702-707-3000 or contact us online.

If you have been charged with a criminal offense, one of the most important decisions you will make during the prosecution of your case is whether to enter into a plea agreement or take your case to trial. Given the importance of the decision, it should not be made without the assistance and advice of an experienced criminal defense attorney. It may be helpful, however, to understand some of the benefits of plea bargaining in criminal cases.

An Overview of the Criminal Justice System

If this is your first experience as a defendant in a criminal prosecution, a basic overview of the criminal justice system is essential. In the United States, an accused in a criminal case is innocent until proven guilty beyond a reasonable doubt. That means that the burden is on the State (in this case, the State of Nevada), to prove your guilt. Moreover, the burden of proof required in a criminal case — beyond a reasonable doubt – is the highest burden recognized in our justice system.

As a defendant, you have numerous rights guaranteed to you in the U.S. Constitution, including the right to an attorney and the right to a trial by a jury of your peers. You also have the right to waive your right to a trial if you choose to enter into a plea agreement with the State. While it is in your best interest to only make the decision to accept a plea agreement after consulting with an attorney, it is ultimately your decision to make.

What Is a Plea Agreement?

It is imperative that you understand what a plea agreement means and what accepting one entails before deciding to waive your right to trial and enter into a plea bargain. If you accept a plea agreement, it means that you are agreeing to plead guilty to at least one of the charges against you (or to a lesser offense in some cases).  You will likely be required to appear in front of a judge, withdraw your plea of not guilty and plead guilty and agree to the factual basis that supports your plea of guilt.

The terms of a guilty plea agreement are negotiated by the prosecuting attorney and your defense attorney. Typically, the prosecutor will forward an initial offer for your review and consideration. If you are interested in accepting a plea bargain but are not happy with the terms of the initial offer, your attorney may be able to negotiate more favorable terms on your behalf.

Benefits of Plea Bargaining in Criminal Cases

Only you can decide if a plea agreement is your best option; however, it helps to consider some of the benefits of plea bargaining in criminal cases before making your decision, such as:

·  Avoiding uncertainty: Even the best criminal defense attorney, with the best possible set of facts and circumstances, cannot guarantee the outcome of a criminal trial. Judges and juries can be unpredictable, making a plea bargain the best way to avoid the uncertainty inherent in a criminal trial.

·  Ensuring a more favorable sentence: A more favorable sentence is typically an inducement offered by the State to encourage the defendant to accept a plea agreement. For example, if you are facing charges that carry a maximum sentence of 20 years in prison, the State might agree to a plea agreement that caps the maximum sentence at 10 years.

·  Dismissing charges/cases: If you have multiple charges and/or cases pending, the State may offer to dismiss some of those charges/cases in return for your plea of guilty in one case. The benefit being that you have fewer convictions and likely a less severe sentence.

·  Saving time and money: It can take months, even years, or a criminal case to make it to trial. If you are in custody because you cannot pay bail or the court will not grant bail, entering into a plea agreement is one way to resolve your case quickly and at a decreased cost.

What Should I Do If I Was Offered a Plea Bargain in a Criminal Case in Las Vegas?

If you have criminal charges pending in Las Vegas and you have been offered a plea bargain, 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 702-707-3000 or contact us online.

During a traffic stop in Las Vegas, if a law enforcement officer finds that there is probable cause to believe that you were driving under the influence (DUI), you will be arrested and charged with DUI. Once you reach the jail or police station, you will be asked to perform a chemical breath test to test for the presence of alcohol in your blood. You can refuse to perform the test; however, there are some important consequences of refusing that you should consider before doing so.

What Is a Breath Test?

Alcohol can be detected in the human body using a urine, blood, or breath test. Because both blood and breath tests are more accurate than urine tests, urine tests are rarely used. A blood test provides the most accurate results and has the added benefit of being able to detect the presence of controlled substances in your blood; however, a blood test is also far more invasive than a breath test.  Consequently, courts typically require a warrant to perform a blood test while no warrant is required for a breath test. A chemical breath test (commonly referred to as a “breathalyzer”) is performed by requiring you to blow into a tube to provide a sample of your breath. That breath is then analyzed for the presence of alcohol and if alcohol is detected, a Blood Alcohol Concentration (BAC) number will be provided, indicating the percentage of alcohol in your blood. In Nevada, a BAC result of over 0.08 percent is considered above the legal limit and can be used as evidence that you were driving under the influence.

Understanding the Nevada Implied Consent Law

Like most states, the State of Nevada has an implied consent law that applies to anyone who operates a motor vehicle on a public roadway within the state. The implied consent law states that a motorist gives his/her consent to an “evidentiary test of his or her blood, urine, breath” to check for the presence of alcohol if a law enforcement officer has reasonable grounds to believe that the motorist was driving while under the influence. In short, the law states that you consented to a breath test the moment you got behind the wheel.

Refusal of Breathalyzer Consequences

Despite Nevada’s implied consent law, you can refuse to perform a breath test during an arrest. Before doing so, however, you should understand the likely consequences, including:

·  The Police May Get a Warrant for a Forced Blood Draw: If you refuse a breath test, the police may obtain a warrant allowing them to forcefully perform a blood draw to test your blood for alcohol.

·  Your License Will Be Revoked: Your driving privileges will be revoked if you refuse a breath test. If you do not have a previous refusal within the last seven years, your revocation will be for one year. If you have a previous refusal, your license will be revoked for three years. Furthermore, the license revocation will remain in effect even if the underlying DUI charges are dropped.

·  A Refusal Can Be Used as Evidence of Guilt: Your refusal to perform a chemical breath test can be used against you as evidence of your guilt if your DUI case goes to trial.

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

If you have been charged with DUI 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 702-707-3000 or contact us online.

In today’s day and age, having a criminal record can place a significant burden on your ability to obtain employment, secure adequate housing, or even exercise basic civil rights. Fortunately, most states allow for sealing or expungement of some criminal records. Although the terms “sealing” and “expungement” are frequently used interchangeably, they refer to different (though similar) processes and achieve different results. Understanding the key differences between record sealing vs. expungement is critical if you want to clean up your criminal record.

What Does It Mean to “Seal” a Criminal Record?

Sealing a criminal record is typically accomplished through a legal procedure that can vary by state. If the request to seal your criminal record is approved, your criminal record becomes “hidden” or unavailable to the general public. As such, when a prospective employer or landlord requests a criminal history background check on you, the record of that conviction will not appear. Your physical records, however, are not destroyed and information regarding the conviction remains available to certain people and entities, such as law enforcement agencies, courts, and some federal employers.

What Does It Mean to Expunge a Criminal Record?

Although the procedure for expunging a criminal conviction is often much the same as that used to seal a record, the status of the physical record differs when a record is expunged. When a criminal record is expunged, the record is physically destroyed or removed from relevant databases. Expungement is viewed as a more thorough process that makes it appear as if the arrest and conviction never happened. After a criminal record has been expunged, you can legally deny having been convicted of that offense. 

Can Anyone Access a Criminal Record That Has Been Sealed or Expunged?

One of the many reasons to work with an experienced criminal defense attorney when attempting to seal or expunge a criminal record is to ensure that you understand the practical and legal status of that record after sealing or expungement. The status of an expunged record can vary somewhat by jurisdiction; however, expungement is supposed to remove the record from the system, meaning that no one can access it after it has been expunged. In practice, however, even an expunged record may be available to certain officials and authorities.

In the State of Nevada, expungement is not an option. A criminal record can be sealed though. Once sealed, only the record custodian and the person named on the record can see it without a court order. A criminal record can, however, be unsealed by court order. Generally, this means that if your record has been sealed in Nevada, you can answer “no” to questions from an employer or landlord about whether you have been convicted of a crime, but keep in mind that law enforcement agencies, courts, and certain government agencies can still access that record if they can convince a court that they have good reason to do so.

What Is the Process for Sealing My Criminal Record in Nevada?

If you want to get a criminal record sealed in Nevada, you should first determine if the record is eligible for sealing. Certain offenses are never eligible for sealing. For convictions that are potentially eligible, a waiting period applies that could be anywhere from two to 10 years, depending on the severity of the crime. The waiting period begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.  

If the offense is eligible, and the applicable waiting period has expired, you will need to obtain a Shared Computer Operations for Protection and Enforcement (SCOPE) report from the law enforcement agency that arrested you. The Scope report, along with a Petition, Affidavit, and proposed Order are then filed with the appropriate court and sent to the District Attorney’s Office. If the Order is signed, it is your responsibility to deliver the Order to the relevant law enforcement agency so that the record can be sealed.

What Should I Do If I Have Questions about Sealing a Criminal Record in Las Vegas?

If you have additional questions about record sealing vs. expungement 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 702-707-3000 or contact us online.

For a motorist, looking in the rearview mirror and seeing flashing lights behind you is rarely a good sign. If it appears that the traffic stop that follows is turning into an arrest for driving under the influence, you may start to panic which, in turn, can cause you to make mistakes that can make an already unpleasant situation even worse. Moreover, mistakes made during a DUI stop can increase the likelihood of conviction. If you are stopped for DUI in Las Vegas, knowing some of the most common mistakes people make may help you avoid making them.

Refusing to Stop

When you see those lights in your rearview mirror, your knee-jerk reaction may be to push the gas pedal instead of figuring out how to safely pull over and stop. Giving in to that knee-jerk reaction is a huge mistake as it will likely lead to additional, more serious criminal charges being filed against you.  

Admitting Guilt

If the police officer has reason to believe that you are under the influence (and often even if they have no reason to believe so), you will probably be asked directly if you have consumed any alcohol or if you are under the influence of any substances, legal or otherwise. While it is not wise to directly lie to a law enforcement officer, it is also a mistake to admit guilt. If you believe that answering a question will incriminate you, politely tell the officer that you prefer not to answer without having an attorney present.

Trying to Talk Your Way Out of an Arrest

If you can see that your traffic stop is potentially morphing into a DUI arrest, you may have the urge to try and talk your way out of an arrest. Resisting that urge is your best bet because you are far more likely to talk your way into a conviction than talk your way out of an arrest.

Performing the Field Sobriety Tests

At some point during the traffic stop, the law enforcement officer will probably ask you to perform a series of field sobriety tests, such as the walk and turn, standing on one foot, or reciting the alphabet backwards. You are not legally required to perform these tests. Moreover, they are difficult to perform well under optimum conditions. When you are on the side of the roadway, stressed out and anxious, and walking on unlevel ground, you are even less likely to perform well on the tests. Ultimately, your performance on these tests will probably provide the officer with probable cause to arrest instead of helping you avoid an arrest.

Being Disrespectful and Belligerent

Although you may be upset, even outraged, at the prospect of being arrested, being disrespectful and belligerent can only hurt you. Not only will it make the officer more inclined to arrest you, but your overall demeanor may be used as evidence of intoxication at trial.

Refusing to Perform the Breath Test (Sometimes)

If you are ultimately placed under arrest, you will be asked to perform a chemical breath test when you arrive at the jail or station. Once again, you are not legally required to perform the test; however, the Nevada implied consent law says that you have already consented to the test if you operate a vehicle on a public roadway. Furthermore, there are consequences for refusing, including a license suspension and using the refusal as evidence against you at trial. As such, for most people in most situations, refusing the breath test is a mistake.

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

If you have been charged with DUI in 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 702-707-3000 or contact us online.

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

Understanding DUI Charges in Las Vegas

In the State of Nevada, you can be charged with driving under the influence (DUI) if you are operating a motor vehicle on a public roadway while any of the following apply:
•    You are under the influence of intoxicating liquor.
•    You have a concentration of alcohol of 0.08 or more in your blood or breath.
•    You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
•    You are under the influence of a controlled substance, chemical, poison, or organic solvent.
•    You are under the combined influence of intoxicating liquor and a controlled substance.
•    You have an unlawful blood level of certain drugs (as defined in the statute).

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

DUI Sentencing for a Misdemeanor

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

DUI Sentencing for a Felony

If you are convicted of a third DUI within a seven-year period you face DUI sentencing for a Class B Felony which may include a term of imprisonment of one to six years, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.

The penalties you may face for conviction of a Class B Felony DUI based on having a previous felony DUI conviction include two to 15 years in prison, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.

DUI sentencing for a Class B Felony based on causing substantial bodily injury or death includes a prison term of two to 20 years, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.

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

Non-Judicial Consequences of DUI Sentencing

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

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

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

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

If you are facing DUI charges in Las Vegas, contact an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss how to avoid ending up with a DUI conviction. Call us at 702-707-3000 or contact us online.

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.