Facing Illegal Reentry Charges? How a Las Vegas Lawyer Can Help
When a property owner evicts a tenant or “removes” a squatter, the owner typically provides notice to the individual that they are not allowed to return to the property. If you are that person, and you return to the property after being evicted or removed, you could face criminal charges for “unlawful reentry” in Las Vegas. If that happens, it is crucial to understand what the prosecution must prove to convict you of unlawful reentry and how an illegal reentry lawyer can help you avoid a conviction.
What Is Unlawful Reentry in Las Vegas?
In the State of Nevada, NRS 205.082 governs the criminal offense of unlawful reentry, reading as follows:
- A person is guilty of unlawful reentry if:
- An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414; and
- Without the authority of the court or permission of the owner, the person reenters the property.
What Are the Potential Penalties for a Conviction for Unlawful Reentry in Nevada?
Unlawful reentry is charged as a gross misdemeanor in Nevada. If convicted, you face a potential penalty of up to 364 days in jail and/or a fine of up to $2,000. You may also be required to spend a designated period of time on probation, pay restitution (if you cause any damages), and pay costs and fees.
What Are Some Examples of Circumstances That Could Lead to Charges for Illegal Reentry?
The most common example of circumstances that lead to an arrest for unlawful reentry involves a tenant who has been evicted from the premises but left something important there and wants to retrieve the forgotten item(s). It can also be tempting for a tenant who feels that he/she was wrongfully evicted to want to go back and retrieve items or even damage the property. Either way, entering the property after you have been evicted or removed can lead to an arrest and prosecution for unlawful reentry.
Is There a Legal Defense to Accusations of Unlawful Reentry in Las Vegas?
If you have been charged with unlawful reentry in Las Vegas, the best thing you can do for yourself, and your future, is to retain the services of an experienced illegal reentry lawyer. The exact defense strategy used in your case will depend on the facts and circumstances surrounding your arrest; however, common defenses employed in an unlawful reentry case include:
- Challenging the Eviction/Removal: The offense of illegal reentry is predicated on being legally evicted or removed from the property first. If you can prove that you were not legally evicted or removed, then the prosecution cannot prove one necessary element of the crime.
- Alleging Permission: If the property owner gave you permission to reenter the property despite having been evicted or removed, you have a defense to allegations of unlawful reentry.
- Illegal Search or Other Law Enforcement Conduct: If the police entered the property illegally, or engaged in any other violations of your rights, that conduct may help get evidence excluded from your case.
- Mistaken Identity: This defense simply alleges that it wasn’t you on the property and, therefore, you are not guilty of illegal reentry.
What Should I Do If I Was Arrested for Illegal Reentry in Las Vegas?
If you were arrested and charged with unlawfully reentering a property in Las Vegas, consult with an experienced illegal reentry lawyer at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.