FAQ - The Vegas Lawyers

HAVE QUESTIONS? WE HAVE ANSWERS

Frequently Asked Questions (FAQs) can be found below. If you have a questions that you can’t find an answer to, we are always available to provide you with a free consultation. Headquartered in Las Vegas, Nevada, The Vegas Lawyers handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Vegas Lawyers know what it takes to win and achieve favorable outcomes for clients. Call us today at 702-707-7000 for a free and confidential consultation.

HOW DO I CHOOSE A GOOD FEDERAL CRIMINAL LAWYER?

If you, a loved one or a friend are facing federal criminal charges, there are number of factors that need to be considered in hiring a good lawyer. First off, you need a lawyer that is non-judgmental and that will give good advice based upon the cold hard facts and the law. Hiring a lawyer is a very personal decision. You need someone in your corner that will be honest with you, tough in court when necessary and thoroughly familiar with the federal criminal process. You need to be comfortable that your lawyer is truly committed to giving you the best advice and defense possible.

In making the decision to hire a lawyer, it is important to keep in mind that what is presented on television or in the movies is rarely an accurate representation of what makes for a good lawyer in the “real world.” For example, in the real world, lawyers that appear very theatrical in court are often very ineffective, this is especially true in federal court which can be a very somber forum. Generally, what impresses judges and juries the most are lawyers that are well prepared, know the facts of the case and understand how to use those facts to their advantage under the existing law. These are the attributes that will make a favorable impression upon a judge and jury.

The federal system can be very formulaic in its operation. Many defendants are surprised to learn about how rigid the sentencing guidelines are. Although the sentencing guidelines are no longer binding on federal judges, most judges rely upon them in imposing a sentence. A good lawyer will always educate his or her client about the risks associated with a federal criminal case. If you don’t understand the risks, how can you make good decisions? Simply put, you cannot. Therefore, it is important when hiring a lawyer to have them explain how the process works and what type of “exposure” you might face if convicted.

Because of how complicated federal criminal law can be, it is important to have an attorney on your side that really understands the process. There are significant differences between federal criminal cases and state cases. In federal court, written motions play a much bigger role than they do in state court. Thus, it is important to have a lawyer that writes well and can make persuasive arguments to the court. Federal judges pay close attention to written work product therefore it is important to have a lawyer that knows how to write motions that will resonate with the judge. This requires being meticulous, careful in how arguments are presented in both substance and tone and thorough.

Headquartered in Las Vegas, Nevada, The Vegas Lawyers handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Vegas Lawyers know what it takes to win and achieve favorable outcomes for clients. Call us today at 702-707-7000 for a free and confidential consultation.

Difference between the united states lawyer and the district attorney

The United States Attorney represents the United States government in federal cases. What this means in practical terms is that the United States Attorney prosecutes crimes that arise under federal law whereas a District or States Attorney prosecutes crimes under local or state laws. A United States Attorney is appointed by the President of the United States subject to confirmation by Congress. Each state has at least one United States Attorney’s Office (most states have two or more such offices) that are part of the United States Department of Justice. The United States Attorney only prosecutes cases in federal court. There are times when federal and state laws may overlap in which case a person can be prosecuted in both state and federal court but this is pretty rare because often a decision will be made between federal and local authorities to have only one office pursue charges.

can a united states attorney decline to prosecute a case?

The answer is yes. In fact, it happens all the time. The government simply does not have enough resources to prosecute every crime. United States Attorney’s Offices frequently decline to prosecute cases presented by government agents from the FBI and other agencies. These decisions will often be dictated by national priorities set by the Attorney General of the United States as well as the resources available to each particular United States Attorney’s Office.

If you are the subject of a federal investigation, it is very important to understand that simply because a federal agent recommends your prosecution does not mean you will necessarily be prosecuted. This is where having a very skilled, adept and knowledgeable attorney on your side can help make a big difference. In fact, it can make a huge difference. Talking a United States Attorney’s Office out of proceeding on criminal charges is much easier than convincing the same office to drop charges. Once a person is indicted by a federal grand jury, it is difficult to convince a United States Attorney’s Office to drop charges. Remember this, if you’re the subject of a criminal investigation, it is extremely important to involve an attorney immediately at the outset.

What is a federal crime?

A federal crime is an act or omission prohibited and made illegal by federal statute which carries with it a penalty in the form of a monetary fine and/or potential incarceration. Federal crimes can cover activities involving many diverse areas such as firearms, narcotics, economic activities, taxes, banking, healthcare, immigration and intellectual property to name a few. Even statements made on government forms or lying to federal officers can be subject to criminal penalties.

Federal criminal statutes are generally written very broadly to cover a wide range of activities. This gives federal prosecutors wide latitude to charge a person under several different statutes for conduct arising under the same set of facts. Often, federal prosecutors are only limited by their own creativity in bringing criminal charges under statutes that are written so broadly they can cover a wide swath of conduct.
While most people think of the Federal Bureau of Investigation (FBI) as the main federal agency that investigates federal crimes, there are numerous federal agencies that have jurisdictional authority to investigate federal crimes. These include, among others, the Internal Revenue Service (IRS), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco and Firearms (ATF), the United States Secret Service, the Department of Health and Human Services (HHS), the Social Security Administration (SSA) and the United States Postal Service.

As mentioned, federal crimes are investigated by agencies such as those referenced above. Federal agencies and the agents they employ can only investigate cases and make recommendations to the United States Attorney for prosecution. The decision of whether to prosecute a person for a crime under federal law rests solely with the United States Attorney Offices spread throughout the United States and its territories. Thus, the FBI cannot prosecute anyone. It can only investigate. Prosecutions under federal law are conducted by the United States Department of Justice and each United States Attorney’s Office throughout the nation is a part of that agency.

should i talk to an fbi agent?

No. If an FBI Special Agent, or for that matter any other federal government agent, shows up at your home or workplace seeking to speak with you, you are under no obligation to speak with him or her. In fact, you should never speak to a government agent unless you have a lawyer present. Many people do not appreciate or understand that any misstatement made to a government agent, which the government later labels as a “lie,” can form the basis for a criminal prosecution.

Thus, if you chose to speak to a federal agent without an attorney present, you may be doing so at your own significant peril. Having an attorney on your side can be very valuable as the attorney can find out from the agent whether you are a “target” of an investigation or merely a witness. Keep in mind, however, that even a witness can turn into a target depending upon how the investigation develops. Therefore, it is always best to err on the side of being overly cautious and careful. 
No reasonable federal agent is looking to build a case based upon coercion. Such conduct can lead to adverse professional consequences for the agent. Therefore, if approached by a federal agent with questions, always be polite and respectful and notify the agent that you will be happy to speak with him or her once you’ve consulted with an attorney. Most agents will respect that request and back off from further questioning.

To summarize, do not ever speak with a federal agent unless you’ve consulted with an attorney first. Statements you make can be used against you later in court proceedings and even form the basis for a criminal prosecution. The best adage to keep in mind here is that the “blubbering whale is the first to get harpooned.” So, never speak to a federal agent unless you first consult an attorney. Related to this advice, if you know that you’re under federal investigation, don’t speak to anyone else about it otherwise your statements could later be used against you as “admissions.”

what is a federal indictment?

An indictment is a written document setting forth formal charges against one or more defendants in a criminal prosecution. In the federal system, the government cannot charge a person with a felony (a crime punishable by death or imprisonment of more than one year) without first presenting evidence (documents and testimony) to a federal grand jury comprised of between 16-23 persons. If the grand jury determines there is a probable cause for the government to pursue charges against a person, it will issue a “true bill” which is basically an approval of an indictment presented to it by the federal prosecutor.

It is important to keep in mind that an indictment is not evidence of a person’s guilt nor can a prosecutor rely upon an indictment at trial as evidence of guilt. It is merely a charge setting forth accusations of criminal activity. Secondly, a federal grand jury does not determine guilt or innocence of a person. The grand jury merely decides if the government has presented enough evidence establishing probable cause to prosecute a person. If a grand jury determines that the government has not presented enough evidence to establish probable cause justifying accusing a person of a crime, it can return a “no bill” in which case the government cannot proceed.

Once the grand jury approves an indictment, it gets filed in court (just like a complaint in a civil case) and then the criminal case formally begins. An indictment can always be amended later to add additional charges. These types of indictments are called superseding indictments and, just like the original indictment, need to be formally approved by the grand jury. It is often the case that the federal prosecutor will add additional charges during the middle of the case.

The purpose of an indictment is to put a defendant on “notice” regarding the criminal charges he or she is facing. The United States Constitution, specifically the Sixth Amendment, requires this because a person has the right to be “informed of the nature and cause of the accusation.” The indictment does not need to set forth every detail supporting the government’s case only enough information to give an accused fair notice.

An accused can challenge an indictment and seek to have it dismissed if there are defects with the document such as it fails to provide sufficient details, fails to plead all the elements of the crime charged, alleges a crime that falls outside the statute of limitations, fails to set forth an actual violation of the law and several other reasons. While it is rare for an indictment to get dismissed it does happen on occasion and there are strategic reasons why a defense attorney may want to seek dismissal of an indictment even if it does not result in the case being terminated. Specifically, it can focus a judge’s attention on issues that may ultimately help the accused.

what is the process in a federal criminal case?

The federal criminal process is fairly straightforward. There are generally not too many hearings before a trial unless an attorney for the defendant files various motions challenging the government. However, the motions that do get filed can have a powerful effect on the outcome of the case.

Once a prosecution begins (an indictment gets filed in court in a felony case), the pretrial process starts. The first major court hearing that will occur is the initial appearance or arraignment (this is where a defendant pleads “guilty” or “not guilty” to criminal charges) followed by a pretrial detention hearing. Often, these hearings are combined into one hearing. At the pretrial detention hearing, a federal judge will decide whether a defendant should be detained pending trial or released.

The judge will base his or her decision upon the factors enumerated under the Bail Reform Act of 1984. The main factors the court will consider are whether a defendant is a danger to the community or a flight risk. This is an area where having the right attorney can make a big difference. Being able to show the judge that you have significant ties to the community and that you have no reason to flee before trial requires gathering the right types of evidence and witnesses to make a persuasive case.

Following the pretrial detention hearing, the government is required to turn over “discovery” which is simply the evidence it intends to rely upon to present a case to the jury in order to obtain a conviction. A defendant has the right to this evidence so that he or she can review it and be prepared to present a defense at trial. Often, this discovery can include audio and video evidence. What happens following the government’s disclosure, including its failure sometimes to disclose all the appropriate evidence, can have a major impact on a case. This point cannot be overemphasized. Having the right attorney who knows what pretrial motions need to be filed is crucial.

For example, under the Fourth Amendment of the Constitution, you can challenge how the evidence was obtained. If it was illegally obtained, you can ask a federal judge to suppress it and not allow the government to use it at trial. Under the Fifth Amendment of the Constitution, the government cannot use your statements against you which were obtained in violation of your rights. Successfully suppressing the government’s intended evidence can kill a prosecution. Therefore, it is crucial to have an attorney representing you that understands this and knows which motions need to be filed.

With the right attorney who knows how to file the right motions, a defendant can successfully diminish the federal government’s case based upon suppressing statements and evidence that the government intended to rely upon in makings it’s case to a jury. What happens at the pretrial stage can have significant impact upon how a case is presented at trial. Thus, although the federal criminal process is fairly simple and straightforward, there are number of important things that need to be considered by any good defense attorney that can shape the ultimate outcome of any trial.

After receiving discovery and filing appropriate motions, a defendant can make the decision of whether to enter into a plea bargain or proceed to trial. If a defendant enters into a plea bargain with the United States, then a change of plea hearing needs to be held. This is where an accused changes his or her plea from “not guilty” to “guilty.” The federal judge must approve the terms of the plea agreement and, among other things, make sure an accused understands he or she is giving up important Constitutional rights, including a right to a jury trial.

If a defendant chooses to proceed to trial and make the government prove its case, instead of entering into a plea bargain, then a trial is heard before a 12-person jury of citizens chosen randomly from the judicial district in which the federal court is based. At trial, the federal prosecutor has the burden of proving beyond a reasonable doubt an accused’s guilt. In order to convict someone of a federal felony, the jury’s decision must be unanimous. If the jury finds the accused not guilty, then the person is free to go and the government cannot prosecute that person for the same crime again.

If a defendant is found guilty at trial or he or she has entered into a plea bargain which the federal judge has approved, then the case moves to the sentencing phase. It is important to note, a jury only determines whether a person is guilty or not of the crime charged. A jury never decides how much time a person must spend in prison if convicted, that is the job of the judge. 
After the entry of a guilty plea or a finding of guilt by a jury, the United States Probation Office interviews a defendant, collects information pertaining to him or her and interviews crime victims and then prepares a formal report (called a presentence report) which is submitted to the federal judge assigned to the case. The judge will rely upon that report to impose a sentence upon the defendant. A defendant has a right to see the report before it is given to the judge and file appropriate objections to the report with the court.

At the sentencing hearing, a federal judge imposes a sentence. The sentence may include incarceration in a federal prison, a term of supervised release (no prison but supervision by a probation officer), the imposition of a monetary fine and/or an order directing the accused to pay victims if appropriate.
Once a sentence is handed down, a defendant may have the right to file an appeal. If the defendant is convicted by a jury, he or she definitely has the right to file an appeal. However, if the defendant entered into a plea agreement, then the agreement dictates whether an appeal is permitted.

What is criminal discovery?

In both criminal and civil cases, there is a term that is used to describe the process whereby parties to a case learn more facts about the case in order to help them either pursue the case or defend against it. This term is called “discovery.” In civil cases, each side can engage in discovery from the other side. In criminal cases, an accused is not required to provide the government with any information (subject to a few very limited exceptions such as where the defendant is claiming insanity).

In federal criminal cases, because the government always has the burden to prove criminal charges beyond a reasonable doubt, only the government is obligated to provide discovery. In other words, the government is always under an obligation at the beginning of a criminal prosecution to provide the accused with information the government will rely upon to convict the accused (or which exonerates the accused). If the accused does not have this information, how can he or she properly defend him or herself? It’s not possible. Thus, discovery is a very important part of the criminal process.

In the federal criminal system, discovery is governed by three main sources of law: (1) Federal Rule of Criminal Procedure 16, the United States Supreme Court cases in Brady v. Maryland and Giglio v. United States and the federal law known as the “Jencks Act”.

Federal Rule of Criminal Procedure 16
The Federal Rules of Criminal Procedure apply to every federal criminal case occurring anywhere in the United States or its territories. The rules are intended to provide uniformity and ensure that defendants facing federal charges get the same rights no matter which federal court they are facing charges in. Thus, the same federal rules apply whether an accused is being prosecuted in Las Vegas, Los Angeles, New York City, Miami, Houston, Chicago, Phoenix, Anchorage or anywhere else.

Brady & Giglio
Both Brady v. Maryland and Giglio v. United States are landmark decisions rendered by the United States Supreme Court. In Brady, the Supreme Court stated the United States government has a duty to produce exculpatory evidence to a defendant. In other words, evidence that a jury could look at as being favorable to the accused on the issue of guilt vs. innocence. In Giglio, the Supreme Court extended the Brady decision to cover information that can impeach or undermine the credibility of government witnesses. In most criminal cases, this means a government agent or an informant. Thus, let’s say an informant was paid by the government. In that situation, an accused would have the right under Giglio to have a jury know this because it could impact the credibility of the witness. Similarly, if a government agent was previously disciplined, a defendant would have the right to know that because it could impact the jury’s view of the agent’s testimony.

Jencks Act
The Jencks Act is a federal statute that requires the government to produce any recorded statements of its witnesses pertaining to the witness’s testimony. The statute only applies to recorded statements. So, for example, in a tax fraud case if a whistleblower is called as a witness and the person was previously interviewed by government agents and that interview was recorded, the recording would have to be turned over to the accused.

In the federal criminal system, Rule 16, the Brady and Giglio decisions and the Jencks Act are the only sources of authority available to defendants when dealing with discovery issues. Given this fact, it is important that a defense attorney be thoroughly familiar with these sources and understand the government’s obligations to play fair and provide discovery in a federal criminal case. This often requires a defense attorney putting the government on notice early on during proceedings regarding its obligations and knowing when and how to seek enforcement from the court where necessary.

How is a federal sentence determined?

A federal judge will rely upon a number of factors before imposing a sentence upon a defendant. In fact, the law requires it. Under 18 U.S.C. § 3553 a federal judge must consider the following factors:

1. The nature and circumstances of the offense;
2. The history and characteristics of the defendant;
3. The need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment for the offense, to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
4. The kinds of sentences available;
5. The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct;
6. The need to provide restitution to any victims of the offenses committed by the defendant.

A federal judge has broad discretion to impose a sentence. In addition to these factors, a judge can also consult with the federal sentencing guidelines to impose a sentence. These guidelines are no longer mandatory but most federal judges still rely upon them to impose a sentence.

What do i do if i receive a federal subpoena?

There are two ways the government builds criminal cases, by interviewing witnesses and by getting documents. The main method for obtaining these types of information is through issuance of a subpoena. A subpoena can require an individual to testify before a federal grand jury or produce documents. Sometimes, a subpoena can require both.

Receiving a federal subpoena, especially in a criminal investigation, is a very serious matter and must be treated as such. Failure to comply with a federal subpoena in a criminal case can lead to being held in contempt by the court and can result in penalties including imprisonment. If you or your business are served with a subpoena in a federal criminal case, you should immediately consult with a lawyer.

A subpoena, especially one that may put you at risk of incriminating yourself, can be challenged before a federal judge. The judge can “quash” the subpoena or significantly limit its scope depending upon the circumstances. On related note, you never want to simply turn over documents to the government in response to a subpoena without first discussing the matter with an attorney. You could end up incriminating yourself or waiving certain important privileges.

How can I be charged with conspiracy when I didn’t do anything?

One of the favorite crimes federal prosecutors love is the conspiracy charge. The essence of a conspiracy charge is the agreement to commit an illegal act. The fact that an agreed upon act (i.e. murder) is not successfully carried out is of no consequence to the charge of conspiracy. The crime is the agreement itself.

To prove a conspiracy, federal prosecutors must prove 5 basic elements:
(1) two or more persons,
(2) intentionally,
(3) made an agreement,
(4) to violate federal law or defraud the United States and
(5) committed some overt act in furtherance of that agreement.

Many people facing federal conspiracy charges are surprised to learn they can be a defendant when they didn’t commit an overt act that was by itself a criminal act. In other words, even some of the most innocuous acts can form the “overt act” requirement to support a conspiracy charge. As mentioned above, the essence of a criminal conspiracy is the agreement itself and not the ultimate result.

Conspiracy cases, even more than other criminal cases, turn significantly on the facts involved. For this reason, it is very important to have a lawyer skilled and knowledgeable in defending conspiracy cases. This requires having thorough knowledge of the federal conspiracy statutes and the exceptions that apply that can make the difference between a conviction and an acquittal.

Should I cooperate with federal authorities?

The decision to cooperate with federal authorities is very complex and can implicate a range of issues. Sometimes there are significant emotional issues involved because cooperation might require you to testify against someone you know well. Cooperation is a very fact intensive decision and, at a minimum, it must provide you with a real benefit otherwise it needs to be carefully considered. If you do decide to cooperate, it can result in a range of potential outcomes from having all charges dropped to a significant reduction of any sentence. The key, however, is to have an effective advocate on your side that can push for the best deal possible.

At The Federal Defenders, our team of lawyers and investigators have worked with cooperators in the past, both in their capacity as former government lawyers/agents and on the defense side. When you hire The Federal Defenders, your interests always come first and cooperation is only an option if you stand to receive a significant benefit. In representing cooperators, our team knows how to present the government with compelling information to give our clients the best opportunity to obtain a favorable outcome. Cooperation is complex and the reasons to cooperate with federal authorities can require consideration of many different factors.

if i enter into a plea agreement, can i be charged with more crimes?

If you enter a plea agreement with the government, you generally will not be charged with more crimes arising out of the same events/transactions that led to your prosecution in the first place. The exception to this general rule is if you committed more serious crimes the government is not aware of. For example, if you plead guilty to drug charges and agree to a stipulated sentence you could still be charged with murder if you were part of a drug deal that resulted in a murder and the government later finds out about it. In other words, in every plea agreement, the federal government always keeps open the option of more significant charges involving violent crimes that they do not otherwise know about. This, however, should not come as a surprise. Common sense dictates the government is not going to tie its hands to prosecuting a violent crime it does not know about.

A “plea agreement” is just a fancy term for a contract. When you choose to enter a plea agreement, you are basically entering into an enforceable contract with the federal government in a criminal case. This contract is enforceable in federal court. Under this contract, you give up certain rights (such as the right to a jury trial or an appeal) and the government gives up certain rights (such as the right to argue for a harsh sentence or charge you with similar crimes to what you are pleading to). Once you understand that a plea agreement is basically a negotiable contract, you understand how important it is to have an attorney that knows how to successfully negotiate on your behalf and to ensure the contract does not have loopholes that allows the government to bring additional charges.

When you enter into a plea agreement, you need to have confidence that your attorney understands the interplay between the agreement, the indictment, other activities for which you may not have been charged and how the sentence will be imposed. For better or worse, the federal system is basically a system of plea bargains. Very few cases go to trial because of the harsh outcomes that could result from a jury conviction. There has been a lot of scholarship dedicated to criticizing this system and the death of the jury trial in the federal criminal system but the fact remains that the overwhelming majority of federal criminal cases end with a plea bargain. Knowing this, it is extremely important that your attorney is a good negotiator and understands how plea bargains work.

What can i do if i’ve already been convicted?

f you fought federal criminal charges at trial and got convicted, you can appeal your conviction to a United States Court of Appeals. Every state has a federal district court, in some states there are several such trial courts, but each region of the country has a federal appellate court. Sitting at the very top of the federal court system is the United States Supreme Court (which decides legal issues involving federal law, Constitutional issues and disputes between separate states). To learn more about the federal courts, click here.

The purpose of the federal appellate courts is to correct legal errors made in the United States District Courts (federal trial courts). An appellate court has the power to set aside a criminal conviction if it finds the jury or the federal judge below made a mistake. Setting aside a jury verdict is exceptionally rare. The more common basis for setting aside a verdict is because the federal judge below made a mistake in applying the law. Federal judges are essentially referees or umpires and, because they are human beings like the rest of us, they are capable of making mistakes. Thus, it is not unusual for appellate courts to find a federal trial judge made a mistake and reverse a decision. Even appellate court judges can mistakes which is why their decisions can be appealed to the United States Supreme Court.

Filing a federal appeal is a serious undertaking. It requires collecting and organizing all the evidence at the trial court level that supports the argument that an error occurred below and presenting it to the appeals court in an organized and persuasive manner. Following a conviction at trial and after a judgment has been entered, a defendant only has 14 days to file an appeal in a criminal case. This is an important deadline and the failure to adhere to it can forfeit the right to an appeal.

Apart from filing an appeal, and if the time for doing so has already come and gone, another option for seeking relief post-conviction is a habeas corpus petition filed pursuant to federal law 28 U.S.C. § 2255. This type of petition can be used to attack a conviction and sentence on different grounds including ineffective assistance of counsel. In making such a claim, you must be able to show that you received such ineffective assistance of counsel that the representation changed the outcome of your case. These are not always easy claims to make or win but with the right attorney who has a thorough understanding of federal criminal law, they are not impossible.

what if i was convicted despite being innocent?

Unfortunately, there are times when people are found guilty by a jury even though they were innocent of the crime charged. Had these people been able to present evidence of their innocence at trial they might not have been convicted in the first place. What can a person convicted of a crime do if he or she later discovers evidence of their innocence? The answer is they can immediately file a motion for a new trial.

Under Federal Rule of Criminal Procedure 33, a defendant can ask a federal judge to vacate a judgment and order a new trial if “the interest of justice so requires.” This is not a motion that is lightly granted. In order to convince a federal judge that such a motion should be granted, a defendant needs to show that there is “new” evidence that was not presented at trial which was significant enough that it might have changed the verdict rendered by the jury. “New” means that neither you nor your attorney knew about the evidence. If your attorney knew about the evidence but simply failed to present it, then you might have a separate and different basis for seeking a new trial, namely that your attorney was ineffective.

How can i file an appeal?

Pursuing a federal appeal is a straightforward process. However, the work that goes into presenting a powerful and persuasive appeal is significant and can be very time consuming. In simple terms, a criminal appeal is simply a legal process whereby a person convicted of a crime challenges his or her conviction before a court of appeals. To be successful, the appeal has to show that some legal error occurred which violates the accused’s rights.

In the federal system, there are 13 federal courts of appeals spread across different geographic regions of the United States. These regions are referred to as circuits. Each circuit is comprised of various states and, in some cases, territories. For example, the United States Court of Appeals for the Ninth Circuit, the largest circuit in the country, hears federal appeals only from the following states: California, Washington, Oregon, Nevada, Montana, Hawaii, Alaska, Arizona, Idaho, Guam and the Northern Mariana Islands. If an accused is convicted in federal court in Miami, Florida, he or she would file their appeal with the United States Court of Appeals for the Eleventh Circuit. A person convicted in federal court in the United States Virgin Islands would file their appeal in the United States Court of Appeals for the Third Circuit. Puerto Rico, Maine, Massachusetts and New Hampshire are covered by the United States Court of Appeals for the First Circuit. These are just examples showing that different geographic regions are covered by different circuits.

Federal criminal appeals can take a long time to reach a conclusion. In most circuits, it takes at least one year before the court issues a ruling following the time the appeal is first filed. In complex cases in which there was a lengthy trial, it can take several years before a decision is rendered. Federal criminal appeals (as well as civil appeals) are governed by the Federal Rules of Appellate Procedure. Because these rules apply in every circuit court of appeals anywhere in the United States, there is uniformity in how they are applied and, therefore, the location of an accused’s lawyer doesn’t really matter. A court of appeals is going to make its rulings based upon federal law and rules not the location of the lawyer.

There are different standards that apply in courts of appeals regarding various decisions rendered by the trial court. Some standards are more strict than others. However, the key in every criminal appeal is showing that a legal error occurred that affects important and established legal rights. Not every decision made by a federal trial judge, even if reasonable people could disagree with it, is the basis for an appeal or constitutes legal error. An error has to violate legal rights in order for a court of appeals to render a favorable ruling.

The skills required to be a good appellate lawyer are very different from the skills required to be a good trial lawyer. In the appellate courts, the majority of decisions are based upon the written briefs filed in the case. For this reason, it is extremely important that an appellate lawyer be a good writer and understand the nuances of various legal decisions. Appellate courts do not conduct trials, only very short legal proceedings called “oral arguments” where lawyers for both sides get to make approximately 10-30 minutes of arguments. In many cases, the appellate courts dispense with oral arguments altogether and make decisions based simply upon the writings filed in the case. Therefore, it cannot be overemphasized that having an attorney that is a very good writer and researcher of legal issues is the key to having a successful appeal.

can The Vegas Lawyers really represent me anywhere in the united states?

Because federal law is the same everywhere in the United States and federal courts are governed by the same rules of procedure, the answer is yes. At The Vegas Lawyers, federal criminal law is all that we do. We know the rules, we know the law and we know what it takes to win. With extensive experience on “the other side” as former federal prosecutors and investigators, we have the knowledge to give our clients a distinct advantage because we have the insight to know how the government brings cases.

This having been said, some of the best criminal defense lawyers in the United States have no government experience and never served as prosecutors. Simply being a former federal prosecutor does not make for a great defense lawyer. What does make the difference? The following traits are what matter the most: intellectual curiosity, passion, love for the law, competitive drive, strong sense of justice, common sense, relatability with a jury, strong communication skills and a healthy skepticism of government.

When you search for a lawyer to represent you in a criminal case, keep all of the above-referenced traits in mind. These are the common denominators that make for a good criminal defense attorney. And ask yourself some basic questions. If your case ends up before a jury, can your lawyer tell “your story” in a compelling, interesting and engaging manner? Does your attorney have the skills and experience to understand the nuts and bolts of federal criminal cases? Does your attorney have superior writing skills that are so essential to making strong and powerful arguments to a federal judge? These are the important questions to ask and ponder.

At The Vegas Lawyers we love what we do and we care about our clients. We never overpromise and underdeliver. We know how stressful a federal criminal case can be and the havoc it can wreak on you and your family. With all of this in mind, we always tell it to you straight. We let you know that we are part of one team seeking the best possible outcome. At The Vegas Lawyers we love to win. But winning doesn’t always mean an acquittal at trial which might not be possible. Winning means putting our client in the best possible position to get the best outcome based on the facts. Smart clients understand this. Our job is to tell you the truth so you can make informed and intelligent decisions. When you get The Vegas Lawyers, you get a team of lawyers and investigators ready to deliver over 100 years of combined experience, skills and knowledge to your benefit.

What’s the difference between a felony and a misdemeanor?

Any crime that can subject you up to, but less than, one year in prison is a misdemeanor. A felony is any crime that carries with it the penalty of more than a year in prison.

What’s a plea bargain?

A plea bargain, as the term would imply, is simply a negotiated deal between the prosecutor and you to resolve criminal charges by allowing you to plead guilty to a particular charge with certain conditions. Most of the time, this involves the prosecutor dropping the most serious charges against you and allowing you to plead to a lesser offense with reduced penalties.

Is prostitution legal in Las Vegas?

No. Many people, mostly men, come to Las Vegas believing that prostitution is legal and are shocked when they’re arrested for “solicitation.” You should know that prostitution is illegal in the state of Nevada except in counties with populations of less than 700,000 persons. What this means in practical terms is that if you’re soliciting a prostitute on The Strip (which is in Nevada’s largest county, Clark County) or anywhere else in Las Vegas you’re breaking the law and can be arrested for solicitation. However, don’t worry, if you’re arrested for solicitation and it’s a first-time offense, you’ll only be charged with a misdemeanor with little or no jail time. The embarrassment that accompanies such a charge is another matter and can lead to serious consequences in your personal and business life. For this reason, it’s important to have an attorney that understands and appreciates the sensitive nature of such a situation and can try to convince prosecutors to drop charges. At The Vegas Lawyers we’ve handled many cases of this kind with great success.

Can I be charged with a DUI if I’m in my car but asleep at the wheel?

It depends. The issue in a situation like this is whether you’re in actual physical control of the car. Nevada law provides that a person cannot be deemed to be in actual physical control of a vehicle if they’re asleep, not in the driver’s seat, the engine isn’t running and the vehicle is lawfully parked. However, let’s assume you’re behind the wheel, asleep, the engine is running but the car is parked. Under these circumstances you could be charged with a DUI because you were in a position of actual physical control even though you were asleep. It might sound crazy but people have been charged with DUIs under these circumstances.

Do you handle drug cases?

Yes, all the time. Drug charges in Las Vegas are quite common. Both local and federal authorities prosecute drug crimes with regular frequency. If you’re being charged with a drug crime, you need the best lawyer in your corner. Drug possession, especially distribution of drugs, is a serious matter and can land you in major trouble. This is not an area in which you want to gamble on your choice of lawyer. Get the best by calling us today at (702) 707-7000.

Do you handle federal cases?

Yes. We have former federal prosecutors on our team who understand the federal process and what it takes to win. Criminal charges in federal court are generally much more serious and carry with them stiffer penalties. Also, there is less room for negotiating a reduction in charges. For this reason, if you’re being charged with a crime in federal court, it’s extremely important to have a lawyer in your corner that understands the process, federal law and how the United States Attorney’s Office works. At The Vegas Lawyers, criminal defense is all that we do. Give yourself a five-star defense and call us today at (702) 707-7000.

How Can A Drug Crime Charge Affect You?

Nevada routinely ranks in the top 10 states with the largest percentage of illicit drug use. While many professionals have recognized the ineffective nature of the “war on drugs,” Nevada continues to prosecute drug offenses aggressively.

However, individuals convicted of possession, use, or sale of drugs can expect more than legal consequences. In addition to possible imprisonment, drug offense convictions can lead to the following problems:

Difficulties finding gainful employment
Challenges locating affordable housing
Reputational damage in the community

Although drug use is more accepted now than it was 10 or 20 years ago, there is still a stigma attached to drug offense convictions that could affect you long after your arrest. If you’ve been charged with a Nevada drug offense, it’s in your best interest to seek legal representation from a trusted and experienced “drug crimes lawyer near me” as soon as possible.

How Serious Are Drug Offenses?

Drug offenses are among the most serious charges in Nevada. Overall, the penalties for drug crimes depend upon a few factors, including the type of drug, amount, criminal history, and more. In some cases, individuals charged with drug offenses can get their charges dismissed by completing a court-ordered drug treatment program. However, you must be eligible for the program.

Fortunately, recent changes in the law help to protect individuals on probation or parole for drug crimes. For example, you are less likely to have your probation or parole revoked for inconsequential reasons like forgetting to update your personal information.

A drug crimes jail sentence and criminal record shouldn’t be taken lightly. Our drug offense attorneys understand the severe consequences associated with a conviction. We will do everything in our power to aggressively advocate for your rights and seek the most favorable outcome for you and your family.

Types Of Drugs And Drug Crimes

Perhaps the most important factor in drug felony and misdemeanor punishments is the type of illegal substance you possess. Like the federal government, Nevada uses drug crime schedules to classify illegal and addictive substances. The five drug crime schedules include:

Schedule I (NRS 453.166): Drugs with the highest potential for abuse that have little to no medical use. Examples include cocaine, molly, meth, PCPC, and more.

Schedule II (NRS 453.176): Drugs that also have the highest potential for abuse but do have some medicinal benefits when administered by a doctor. Schedule II drugs are usually the most addictive. Examples include Morphine, Adderall, Oxycodone, and more.

Schedule III (NRS 453.186): Controlled substances that pose the potential for abuse, but are not as likely to be abused as the previous categories. Generally, schedule III drugs have known medical benefits and a low-moderate dependency rate.

Schedule IV (NRS 453.196): Drugs with a low potential for abuse and valid medical use. Popular examples of schedule IV drugs include Xanax and Valium.

Schedule V (NRS 453.206): Drugs with a very little chance of causing dependency or addiction but are often used by medical professionals for treatment. Common examples include Robitussin and Motofen.

The Nevada drug crimes schedules are a great starting point to understand drug felony and misdemeanor penalties. However, the manner in which you possess the illicit substance also plays a major role in drug crime consequences.

What Is The Legal Definition Of Possession In A Drug Case?

Individuals suspected of possession with intent to sell or use can be arrested and charged with drug possession in Nevada. Generally, there are three types of illegal drug possession cases that trigger prosecution. They include actual possession, constructive possession, and joint possession.

Actual Drug Possession – Occurs when law enforcement finds illicit substances on your body or in your clothing. For example, if the police find a bag of cocaine in a suspect’s pant pocket, they can be charged for actual possession.

Constructive Possession – Happens if the police find illicit substances in a regularly accessible location like your bedroom drawer, kitchen cupboard, or similar location.

Joint Possession – Suppose law enforcement finds drugs in a location you share with someone else (i.e., significant other, friend, family member) like a shared locker, shared dresser, etc. If they can’t easily identify who owns the drugs, they may charge all parties with regular access to the location.

Whether you’re charged with possession of a controlled substance with intent to sell or use, how and where the police find the drugs can play a major factor in drug possession charges and penalties. If you’re facing drug possession charges, contact us to speak with a drug criminal defense lawyer today. For a free and confidential consultation, call (702) 707-7000.

What Bearing Do “Circumstances” Have On The Potential Drug Charge?

The circumstances of your arrest will have a significant impact on the type of drug offense you’re charged with. Generally, the most common types of offenses a defense lawyer helps clients with include possession, possession with intent to sell or distribute, and drug trafficking charges. Learn more about each below.

Possession Of Illegal Drugs In Nevada

According to NRS 453.336, an individual can face drug possession charges if the police find illegal drugs on your body or suspect that you were in control and had authority over the substance. The consequences for possession of illegal drugs depends on the type and amount of drugs involved in your case.

Generally, the penalties for possessing schedule I or II drugs include the following:

Under 14 grams: Category E felony. Generally, 1st and 2nd-time offenders are sentenced to probation. However, a third (or more) offense can result in up to 4 years imprisonment.
14 – 28 grams: One to six years in prison.
28 – 42 grams: One to ten years in prison.
42 – 100 grams: One to fifteen years in prison.

It’s important to note that Schedule III, IV, and V drugs carry varying penalties depending on the type of drug in your possession. A conviction for possession can lead to imprisonment for up to 10 years. Contact us today to speak with a narcotics attorney familiar with the penalties for possession of illegal drugs in Nevada.

Possession With Intent To Sell Or Distribute

In Nevada, the amount of illegal drugs in your possession is not a determining factor when law enforcement charges you with possession with intent to sell. Generally, the police can elevate possession offenses to possession with intent to distribute so long as they suspect an intent to sell the drugs. If convicted, penalties can include, but are not limited to:

Schedule I or II drugs: 1 – 4 years incarceration and fines up to $5k for first-time offenders, and up to 15 years imprisonment (plus fines up to $20k) for subsequent convictions.

Schedule III, IV, and V: First and second-time offenders face up to four years imprisonment and fines up to $10k. Individuals convicted of three or more offenses face up to five years imprisonment. Depending on the circumstances, a judge may sentence defendants to probation only.

Drug Trafficking Offenses In Nevada

Drug trafficking charges are based on the type and quantity of illegal drugs. Individuals can be charged with drug trafficking offenses if they manufacture, sell, distribute, deliver, or traffic drugs into Nevada in large amounts. Generally, the penalties for drug trafficking in Nevada include prison time (10 – 25 years or more), fines potentially as high as $200k, and a felony conviction. Of all drug charges, drug trafficking is considered the most serious by both state and federal authorities.

Whether you’ve been charged with possession, possession with intent to sell, or drug trafficking, a conviction could lead to severe consequences. Working with a proven narcotics attorney can significantly increase your chances of reduced or dropped charges.

What About Marijuana And Drug Crime Charges?

The good news is that marijuana is no longer a Schedule I drug in Nevada under state law. The same is not true, however, with respect to federal law where marijuana currently remains a Schedule I drug. However, even under state law, you can still be charged with some marijuana related crimes. For example, if you possess more than 1-ounce of marijuana or 3.5g of concentrates (but less than the requirement for trafficking), law enforcement can charge you with a criminal misdemeanor and up to $600 in fines.

If you possess between 50lb and 5,000lb (or more) of marijuana, you may face felony drug trafficking charges. A conviction for trafficking marijuana could result in an extensive prison term (up to life) and fines up to $200k. Since the legalization of marijuana in Nevada is relatively new, there is still a lot of grey area concerning marijuana drug offenses.

If you’ve been charged with illegal possession of marijuana, it’s in your best interest to consult with a drug arrest attorney at your earliest convenience. Lawyers specializing in drug charges understand the complexities and unclear nature of marijuana drug offenses. Contact us today to speak with drug offence lawyers you can trust.

Drug Crime Cases Handled By The Vegas Lawyers

The Vegas Lawyers is a premier drug crimes law firm in Nevada. We handle all types of drug offense cases in both state and federal court and are confident that we can help you as well. Drug crimes can be complicated and there are many nuances to the laws that require a skilled and experienced attorney to help navigate. Having the right lawyer in a drug case can mean the difference between going to jail or walking out of court a free person.

Chapter 453 of the Nevada Revised Statutes outlines various drug offenses and penalties in the state of Nevada. We’ve provided an overview of the most common drug offenses in Nevada below:

Possession of a controlled substance – NRS 453.336 states that an individual “shall not knowingly or intentionally possess a controlled substance.” However, exceptions may apply if a licensed medical professional prescribes the substance.

Possession with intent to sell or distribute – NRS 453.337 stipulates that an individual can be charged with illegal drug possession with the intent to sell/distribute if they possess certain controlled substances while intending to sell.

Drug trafficking – According to NRS 453.8835, a person can face drug trafficking charges in Nevada if they intentionally manufacture, distribute, sell, deliver, etc., specific amounts of any Schedule I drug.

Marijuana drug offenses – While recreational use of marijuana is permitted in Nevada, possessing too much or illegally selling marijuana can lead to imprisonment, criminal charges, and fines.

Cocaine drug offenses – Cocaine is a popular drug in Las Vegas. However, getting caught with it can lead to devastating consequences, including jail time.

Prescription pill offenses – Selling or distributing illegal prescription pills can lead to felony charges and up to five years imprisonment.

Possession of drug paraphernalia – Under NRS 453.566 and 453.560, it is illegal for a person to use, possess, or illegally distribute drug paraphernalia in Nevada. Depending on the circumstances, defendants may face misdemeanor or felony charges. Common types of drug paraphernalia include pipes, bongs, rolling paper and cocaine freebase kits.

Driving under the influence of drugs (DUID) – Driving while under the influence of drugs is treated exactly the same as alcohol-induced DUIs in Nevada. A conviction could lead to jail, fines, license suspension, and more.

If you’ve been charged with a drug crime in Nevada, it’s recommended that you immediately contact an experienced drug defense lawyer to help you maintain your freedom and keep your record clean.

How Can A Drug Crime Lawyer Help Build a Strong Defense For A Case?

Drug crime charges are a serious matter. However, a skilled drug case lawyer has many defense strategies at his or her disposal that may apply to your situation. Some of the most commonly used defense strategies for drug crime cases include, but are not limited to the following:

You were the victim of entrapment
The drugs did not belong to you
Your 4th Amendment rights were violated
Chemical test inaccuracies or mistakes
Procedural errors committed by the police
Someone else placed the drugs on your person or property without your knowledge

It’s crucial to remember that the prosecution has the burden of proving your guilt beyond a reasonable doubt. An experienced drug crime defense attorney can help cast doubt on your case in the minds of the judge or jury which could lead to dismissed or reduced charges.

Frequently Asked Questions About Drug Crimes In Las Vegas

You were the victim of entrapment
The drugs did not belong to you
Your 4th Amendment rights were violated
Chemical test inaccuracies or mistakes
Procedural errors committed by the police
Someone else placed the drugs on your person or property without your knowledge

When Did Marijuana Become Legal In Nevada?

Nevada legalized medicinal marijuana in 2000. However, the state did not record its first sale of medical marijuana until 2015. Recreational marijuana became legal in Nevada in 2017.

Even though recreational marijuana is legal, it’s important to note that it is illegal to purchase more than one ounce of marijuana at a time. Furthermore, individuals who buy, sell, or otherwise unlawfully distribute marijuana are still subject to Nevada drug laws and penalties.

Is It Legal To Grow Marijuana in Nevada?

It’s legal to grow recreational marijuana in Nevada. However, you must live at least 25 miles away from the closest authorized dispensary. Individuals are allowed to grow up to 6 plants (no more than 12 in a household).

If someone cultivates more than 12 plants, they may face felony charges.

Drug Laws For Out-of-State Visitors?

The drug crime laws in Nevada are identical for in-state residents and out-of-state visitors. Regardless of where you come from, if you’re convicted of a drug crime in Nevada, you could face jail time, fines, community service, or more.

What Is The Nevada Per Se Law For THC?

Currently, drivers who have any detectable amount of THC in their system can be charged with a marijuana DUI. Recently the legislature has moved to change the law so that prosecutors must prove impairment (not just the presence of THC) for a DUI conviction.

Since the laws haven’t officially changed yet, it’s in your best interest to abstain from driving after partaking in marijuana. Otherwise, it could lead to severe penalties.

Can I Seal My Criminal Record in Nevada For Drug Charges?

Most drug charge cases in Nevada are eligible to be sealed. However, the amount of time it takes to seal a criminal record seal depends on the conviction. Furthermore, you must wait until the required amount of time has passed before becoming eligible.

If your case is dismissed, you may be eligible for an immediate criminal record seal. Contact us today to learn more.

Will I Get Deported If Arrested For Drugs In Nevada?

Potentially, yes. Non-citizen immigrants who are arrested for drug crimes in Las Vegas can get deported. It’s important to note that if a non-citizen alien even admits to illicit drug use, they could face deportation proceedings (even if they are not convicted).

What Is Criminal Law?

Individuals who have been arrested or have a warrant out against them can expect major life changes if convicted, including possible imprisonment, fines, a lifelong criminal record, and more. With that in mind, your best chance of a successful defense against criminal charges is to hire an experienced attorney. With the stakes so high, this is not the time to choose second best.

Our attorneys at The Vegas Lawyers offer the support and legal expertise you and your family need when facing serious criminal charges. Our criminal defense team will stop at nothing to craft the best defense strategy on your behalf to increase the odds of decreased or dismissed charges.

It’s important to note that individuals who hire a private attorney vs. a court-appointed lawyer generally have a better chance of success.

Criminal Law Definition: An area of law specifically dealing with the criminal codes and punishments for criminal activity or an omission of certain acts.

Criminal Law Examples: Assault and Battery, Drug Crimes, DUI, Domestic Violence, Sex Crimes, Prostitution, Theft, Fraud, Gun Crimes etc.

What’s The Difference Between Civil vs Criminal Law?

There’s a huge difference between civil v. criminal law. For starters, civil lawsuits are brought by individuals or companies against another person or company. On the other hand, criminal prosecution is conducted only by the government.

Losing a civil lawsuit can damage your reputation and cost a lot of money. However, the penalties for a criminal conviction in Nevada are far more devastating (i.e., jail, prison, fines, etc.). In addition, a criminal conviction can carry significant social stigma, embarrassment and adverse career consequences.

See the differences between civil vs criminal law in the table below.

Civil v. Criminal Law Table

	Civil Law	Criminal Law
Case Pursued By	Individuals and private entities	The State or Federal Government
Consequences	Compensation for damages (i.e., injuries, lost property, pain and suffering, etc.)	Felony or misdemeanor charges, jail, prison, fines, probation, and more
Proof Required	The plaintiff must prove a case by a *preponderance of the evidence*	The government must prove the defendant committed the crime *beyond a reasonable doubt*
Appeals Allowed?	Yes – both parties	Yes – only the defense
Jury or Bench Trial	Both allowed	Both allowed

Per the information referenced in the table above, criminal court proceedings have vastly different outcomes, consequences, and procedures than civil court cases. If you’re facing criminal charges in Nevada, it’s in your best interest to work with an attorney who spends the majority of their time focusing on criminal law. Why? Because otherwise you may risk hiring an unprepared and unfocused attorney.

What Is The Difference Between Substantive And Procedural Criminal Law?

The difference between substantive criminal law and procedure focused law is who they impose the burdens upon. Procedural law refers to laws that define procedures used by law enforcement and court officials and which give rights to the accused. Substantive criminal law refers to the assessment of a defendant’s responsibilities and liabilities.

Every criminal case requires a thorough understanding of substantive and procedural aspects of criminal law. For example, instances of unlawful search and seizure require knowledge of procedural criminal law. If you hire a lawyer who lacks experience in either area of the law, it could cost you your freedom. That’s never a chance you want to take.

The criminal defense team at The Vegas Lawyers has decades of expertise and hands-on experience representing individuals in all types of criminal cases.

What Are The Types Of Cases Our Criminal Attorneys Handle?

There are thousands of criminal laws outlined in the Nevada Revised Statutes (the body of laws that govern the state of Nevada). With that in mind, our criminal defense attorneys are prepared to help you mount a strong defense against any type of criminal charges levied against you.

We’re equipped to handle all types of criminal cases, including but not limited to the following:

Our lawyers routinely appear and litigate cases in the Clark County District Court, the various Justice courts (Las Vegas, Henderson and North Las Vegas), the Nevada Court of Appeals, the Supreme Court of Nevada, the United States District Court for Nevada and the Ninth Circuit Court of Appeals. If it involves appearing in court or standing before a judge and making a strong argument in a criminal case, you want The Vegas Lawyers on your side.

Regardless of the type of criminal offense you face, a conviction can lead to devastating results for you and your family. Don’t risk your future, freedom, and reputation on a subpar or inexperienced attorney. Contact TVL to speak with a legal team you can trust.

What Are Some Possible Defenses In A Criminal Case?

The burden of proof is always on the prosecution in criminal defense cases. That means that the prosecutor (i.e., the District Attorney, U.S. Attorney’s Office, etc.) must prove that the person being accused of a particular crime is guilty beyond a reasonable doubt. At the same time, individuals have the right to “poke holes” in the prosecution’s strategy via various defenses.

If prosecutors cannot prove a defendant’s guilt beyond a reasonable doubt, they’re more inclined to drop or decrease charges. If they don’t, they’re not likely to be successful at trial. Common defenses in criminal cases include, but are not limited to, some of the following:

Constitutional Violations – Suppose a law enforcement agent conducts an unlawful search of you or your property or neglects to read your Miranda Rights. In that case, they’ve violated your Constitutional rights, and the courts are likely to throw out illegally obtained evidence before the trial begins.

Mistake or Accident – Many crimes require intent to be a prosecutable offense. For instance, if a store’s Assistant Manager tells you that you can have something for free, but then the manager calls the police on you when you leave the store, you’re likely not guilty of stealing. Genuine mistakes, misunderstandings, and accidents are viable criminal defenses. In many cases, criminal charges are dropped or decreased if the criminal offense is due to a mistake.

Mistaken Identity – Instances of mistaken identity in criminal cases occur more often than you might think. If law enforcement accuses you of a crime that someone else committed, our attorneys can help uncover evidence that shows the jury, judge, and police the real truth. We’ve all seen the stories on television of people walking out of jail after being falsely accused of crimes they didn’t commit.

Self-Defense – Depending on the circumstances, self-defense is a viable criminal defense for certain crimes (i.e., Assault & Battery, Homicide, etc.). A skilled criminal defense attorney at The Vegas Lawyers can help you present the facts that prove that your actions were necessary to defend yourself or others.

Necessity – Sometimes, an individual accused of committing a crime has a justifiable reason for doing so. We can help you determine if your actions were legally justifiable under Nevada law.

The first step in mounting a successful defense strategy is to work with a proven criminal law defense attorney. Contact us today to learn more.

Where Does The Burden Of Proof Lie In Criminal Cases?

A criminal charge is not the same as a conviction. If you’re facing possible misdemeanor or felony charges, it’s important to know that the criminal law burden of proof rests with the prosecution. Further, the burden of proof is high. Prosecutors must prove beyond reasonable doubt that the defendant committed the crime.

That means the state must prove causation in criminal law prosecutions. Generally, the three elements of causation in criminal law include:

The act of committing a crime
Criminal intent
Both criminal intent and the crime occurred at the same time.

Though the state must meet a high burden of proof, it also has a very high conviction rate – which means that it’s in your best interest to consult with an attorney to help disprove one or all elements of causation in criminal law concerning your case.

Can A Criminal Attorney Help With Bail And Release?

Yes. In most circumstances, criminal case bail (including felony bail) is a constitutional right. Exceptions can include capital crimes like murder and cases where the defendant is deemed a danger to the alleged victim or the community.

If you’re arrested for a criminal offense, it can be beneficial to consult with a criminal law attorney for assistance posting bail. Our criminal law attorneys at The Vegas Lawyers are here to help you post bail bonds and develop a solid strategy to secure your release as soon as possible. As an added benefit, when you hire an attorney to help you post bail, your lawyer can also accept that payment as a retainer fee for legal services.

An experienced criminal law attorney can potentially help with misdemeanor bail, felony bail, bail denial appeals, and lowering bail. Contact us today to learn more.

Why Hire A Criminal Defense Lawyer?

Abraham Lincoln once said, “A man who is his own lawyer has a fool for a client.” While that may not apply to every case, it certainly applies to most. Any knowledgeable criminal defense lawyer would advise against representing yourself. Further, hiring a court-appointed lawyer may be just as risky – mainly because they are generally overworked and not highly incentivized to win.

Individuals who face criminal charges can lose their freedom, rights, money, and much more.

In most cases, it’s better to entrust yourself to a proven criminal defense lawyer. Generally, the most commonly cited reasons for hiring a criminal defense lawyer include:

Lawyers have a thorough understanding of the law: Both state and federal criminal laws are nuanced, complicated, and in many cases, confusing. Unlike the average person, an experienced criminal defense lawyer has years of legal training, learning, and practice under their belt.

Lawyers have the experience to fight for you: With years or decades of experience comes a certain understanding of the law, legal precedence, and confidence. An experienced criminal defense lawyer can use that hands-on experience to positively affect the outcome of your case.

Lawyers know the court system and legal procedure: A criminal defense lawyer who attends trial at the same courts for years, knows the judges, has a rapport with the prosecution, etc., can be a huge asset.

Lawyers use substantive and procedural law defenses: Experienced attorneys understand how to craft successful substantive and procedural law defenses. That allows your attorney to know your rights have been violated and how to assert your rights in court.

A good lawyer can frame a tough defense: Developing a solid criminal defense isn’t an easy task. A proven criminal defense lawyer can use his or her experience, knowledge, and savvy to craft a solid criminal defense for even the toughest cases. A court-appointed attorney usually doesn’t have the time to give their sole focus to building a strong defense.

A good lawyer can negotiate a plea deal in your best interest: It may be tempting to accept the first plea offer. However, not every plea deal is the right deal. An experienced criminal defense attorney understands how to represent his or her client’s best interest during plea bargain negotiations and push for the best possible outcome under the circumstances.

Convicted Of A Misdemeanor Or A Felony Crime?

Did you know that most criminal convictions (including criminal law felony offenses) in Nevada are eligible for record sealing? Criminal record sealing is a legal process that, if successful, hides your criminal record from most people, companies, and government institutions.

However, it’s important to note that record sealing is different from a criminal record expungement. A record expungement totally erases a criminal conviction from your record, while a record sealing hides it from most inquiries. Generally, the criminal record sealing process requires eligibility, a copy of your criminal history, paperwork, and waiting.

Does Your Law Firm handle DUI cases?

The Vegas Lawyers handles DUI cases and we handle them extremely well. Our team consists of the former Chief Judge of the DUI court here in Las Vegas. With several decades of legal experience handling DUI cases, we know the ins-and-outs of the DUI process. That’s why we’ve been the first choice for police officers, nightlife industry folks, celebrities and out of towners looking for the best representation when it comes to a DUI.

Should I speak to the police?

No. If you’ve been contacted by the police regarding an investigation, you’d be smart to get a lawyer. Even if you’re not the subject or target of the investigation, anything you say will likely end up in a written report and could come back against you. Having a lawyer from the beginning will give you the peace of mind of knowing your rights are protected. Many times, people want to be helpful or think they might get in trouble if they don’t cooperate only to later regret making statements that could come back to haunt them. Get strong and competent legal representation if you’ve been contacted by the police.

Can I get my DUI conviction sealed?

Yes. Record sealing is one of the most popular practice areas at The Vegas Lawyers. People make mistakes. One too many drinks at an after work happy hour can come back to haunt you for the rest of your life, impacting career and reputation. You don’t need to live with the stigma of a criminal conviction forever. At The Vegas Lawyers we know the process for sealing criminal records and we do it all the time. Call us today for a consultation and find out whether you’re eligible to get your criminal records sealed.

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