Legal Blog
September 1, 2020
The Vegas Lawyers
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Should You Tell Your Lawyer If You Are Guilty?
If you were arrested and have been charged with committing a crime, you are undoubtedly worried about the outcome of your case and how that will impact your future. Having an experienced criminal defense attorney on your side is the key to protecting your rights and future; however, you may be unsure about your relationship…
Navigating the Bench Trial Process in Nevada
If you are arrested and charged with committing a crime in Nevada, you will need to decide whether to take your case to trial or enter into a plea agreement with the State. If you choose to go to trial, you will likely have another important decision to make that can directly impact the outcome…
Caught with Fake IDs in Vegas: Legal Penalties and Defenses
In Las Vegas, underage people are often tempted to try and use a fake ID to purchase alcohol, marijuana, or tobacco as well as to gamble in one of the numerous casinos along the famous strip. If you are caught with fake IDs in Vegas, however, you may be charged with a criminal offense. What…
The Role of Exculpatory Evidence in Criminal Defense
In a criminal prosecution, the state bears the burden of proving the defendant’s guilt beyond a reasonable doubt. To do that, the prosecution must present evidence that proves each element of the offense. The defendant is not required to prove anything in a criminal prosecution; although, a defendant may choose to present evidence and testimony…
What Happens If You Get Caught Cheating In Vegas?
Las Vegas is known as the entertainment and gambling capital of the world. However, there is one gamble that you might not want to take in Nevada: cheating the casinos. It’s not just lousy gamesmanship, it’s against the law and can cause you to incur severe penalties if convicted. Gaming and gambling taxes make up…
A Guide to a Las Vegas Warrant Search: Tips, & Resources
If you have an active warrant in Las Vegas, you could wind up in jail because the warrant shows up during a routine traffic stop. To avoid such a scenario, it is in your best interest to perform a Las Vegas warrant search and to address the warrant immediately if one does exist. What Is…
If You Have a Warrant, Can You Just Pay It? What to Know
If you have reason to believe you have an active warrant, you understandably want to know what your options are for dealing with the warrant. For example, if you have a warrant can you just pay it? Will you be required to go to a court hearing or be arrested if you have an active…
Parole vs Probation: Key Differences & What You Need to Know
If you are convicted of a criminal offense, either because you entered into a guilty plea agreement with the State or because you were found guilty at trial, you may end up spending some time on probation or parole. While people often use those terms interchangeably, they are not the same thing. Whether you are…
Is a DUI a Felony? The Truth Behind DUI Charges
Despite impressive campaigns by both government authorities and private advocacy groups aimed at getting motorists to refrain from driving while under the influence, drunk driving deaths still occur every 50 minutes across the United States and one out of every three motor vehicle crash fatalities involves a driver driving while under the influence. Not surprisingly,…
Involuntary Manslaughter Sentence: Understand Key Facts
The killing of a human being is a criminal offense in the State of Nevada. Exactly what criminal offense you are charged with and what penalties you face if you kill someone will depend on the facts and circumstances surrounding the killing. If you are charged with involuntary manslaughter, for example, you need to understand…
What is Capital Murder: Definition, Differences & Implications
Like most states, Nevada law differentiates between various circumstances involving killing a human being. The most serious of all homicide offenses is capital murder. If you have been charged with capital murder it is crucial that you understand how capital murder differs from other homicide offenses, the elements required to convict you, and the legal…
Is a Hit and Run a Felony in Nevada? Answering Your Questions about Hit-and-Run Collisions
Being involved in a motor vehicle accident is not a criminal offense. However, if you were involved in a motor vehicle accident and failed to wait at the scene, you may wonder, “Is hit and run a felony in Nevada?” Whether a hit and run can be charged as a felony in Nevada depends on…
WHAT ARE THE ODDS MY FIRST DUI CHARGE GETS DISMISSED?
Your chances of getting your first DUI charge dismissed in Nevada depends upon many factors. However, one thing is clear, getting a first-time DUI charge dismissed is much harder now than it used to be. With that in mind, yes – it’s difficult, but it’s not impossible to get first-time DUI charges reduced or dismissed.…
EVERYTHING YOU NEED TO KNOW ABOUT NEVADA’S FIREARM AND WEAPONS LAWS
Are you currently facing weapons charges in Nevada? If so, working with a Las Vegas weapons defense lawyer can greatly increase the chances of getting your case dismissed, reducing charges, or receiving less severe penalties. It’s important to note that if you’re convicted of weapons or gun offenses in Nevada, you could face prison time,…
Need Advice From A Las Vegas Criminal Defense Lawyer?
Criminal charges can ruin your life, even if you’re ultimately found not guilty or your case is dismissed. Even if you do get off on the criminal charges against you, it’s possible that you could still be charged civilly and have to pay significant penalties in order to settle the case out of court. If…
WHAT’S CONSIDERED DOMESTIC VIOLENCE IN NEVADA?
Nevada routinely ranks in the top five states for domestic violence (“DV”) in the nation. For that reason, the state’ legislature has crafted tough Nevada domestic violence laws. As a result, law enforcement and the courts are generally not very lenient on individuals convicted of domestic violence offenses. If you’re facing domestic violence charges in…
ARE DEPOSITIONS ALLOWED IN CRIMINAL CASES IN NEVADA?
A deposition is sworn, oral testimony, subject to cross-examination, taken before a court reporter. While depositions routinely occur in civil cases, they are sometimes permitted in Nevada criminal cases. However, they’re only allowed under specific circumstances. The purpose of a deposition is to obtain a face-to-face oral statement made by a witness (outside of the…
3 THINGS TO UNDERSTAND ABOUT NEVADA’S DRUG LAWS
Las Vegas is known worldwide for its party culture. It’s truly the city that never sleeps. However, residents and tourists alike are often surprised to learn that most drug crime violations committed in Nevada are punished severely. The potential implications of a drug crime conviction are devastating. With that in mind, there are three important…
IS INDECENT EXPOSURE A CRIME IN LAS VEGAS?
Contrary to the rumors, indecent exposure is a crime in Las Vegas, Nevada. Individuals convicted of indecent exposure face gross misdemeanor or felony charges, depending on the circumstances of the case. Open and gross lewdness (touching the genitals of an unwilling person) is similar to indecent exposure but carries much harsher penalties. Las Vegas is…
CAN AN IMMIGRANT BE DEPORTED FOR A DUI?
When you live in the United States, you’re expected to obey the laws. Failure to obey the laws has consequences from the criminal justice system. And if you’re an immigrant, failure to obey the laws can also result in consequences regarding your immigration status. If an immigrant is caught drinking and driving, the immigration consequences…
IS IT A CRIME TO LEAVE A CAR CRASH?
Leaving the scene of a car accident is considered a “hit-and-run” offense in Nevada. Fleeing the scene can lead to devastating consequences, especially if it involves injuries. Committing a hit-and-run offense when someone is hurt is a felony crime in Nevada. If you’re involved in an accident, we suggest you remain at the scene (especially…
CAN I GET A JURY TRIAL IF I’M CHARGED WITH A DUI?
Eligibility for a DUI jury trial depends on whether you’re charged with a misdemeanor DUI or a felony DUI in Nevada. If you face misdemeanor DUI charges, you’re not entitled to a trial by jury. However, per a United States Supreme Court ruling (Blanton v. North Las Vegas) issued more than three decades ago,…
WHAT IS A CASINO MARKER?
Our criminal defense lawyers at The Vegas Lawyers have noticed that many cases involve failure to pay casino markers. With that in mind, it’s fair to ask, “What is a casino marker?” A casino marker is a zero-interest line of credit offered by casinos to certain customers. Gamblers must pay back the debt via bank…
WHAT’S THE DIFFERENCE BETWEEN AN ASSAULT AND A BATTERY?
The difference between assault and battery is a matter of intention and whether or not touching occurred. Generally, Nevada defines assault as putting someone in fear and apprehension of physical harm. Battery is defined as unlawful touching (i.e., hitting, kicking, biting, pushing, etc.). For example, suppose a person unintentionally bumps into another person at a…
WHEN CAN I GET A DUI OFF OF MY RECORD?
DUI arrests and convictions in Nevada can remain on your record indefinitely. It can appear during background checks for employment, loans, housing, and more. With that in mind, most Misdemeanor DUI records are eligible for a record seal within seven years after the case closes. That means that the DUI arrest and/conviction stays on your…
Everything You Need To Know About The Grand Jury Process In Nevada
A grand jury decides whether or not the state of Nevada has enough evidence to charge an individual with a serious felony offense. It’s important to note that a grand jury indictment does not mean that the defendant is guilty. It’s up to a trial jury to decide guilt. The grand jury process in Nevada…
Marijuana DUI in Nevada: What You Need To Know
The use and purchase of marijuana is legal in Nevada. While it’s great to enjoy newfound freedoms, it’s also essential to understand its limitations. For example, you obviously shouldn’t drive while high under any circumstances. For some reason many people seem to take lightly the consequences of driving while high believing that somehow, it’s less…
What Will Happen If My License Is Expired And I Get Into An Accident?
Driving in Nevada, like every other state, is considered a privilege, and not a right. This means that drivers can have their license revoked or suspended by the Nevada Department of Motor Vehicles (“DMV”). In these cases, unlicensed drivers would have to find other means of transportation. However, too often unlicensed drivers make the unfortunate…
What is a Victim Impact Panel in Nevada?
As the former Chief Judge of the DUI Court and now a DUI defense attorney, I’m often asked by clients about the requirement of a Victim Impact Panel. Here’s what you need to know: drivers convicted of DUI in Nevada must attend a Victim Impact Panel (VIP). That’s true regardless of the DUI offense. The…
The 3 Most Important Things To Understand About Record Sealing in Nevada
Nevada is officially a state of “second chances.” In fact, the Nevada legislature passed a law in 2017 (NRS 179.2405), declaring “that the public policy of this State is to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons.” What does this mean in…
Can Ex-Felons Vote In Nevada?
Historically, a person convicted of a felony was barred from voting in most states. However, times are changing. With greater focus upon and scrutiny of the criminal justice system, there has been much discussion in recent years about the need for rehabilitation and restoration of civil rights for ex-felons. Today, all but approximately 11 states…
Scott Gragson Sentenced To Prison For DUI
Prominent Las Vegas businessman Scott Gragson was sentenced on September 4, 2020 to a term of 8 to 20 years by Clark County District Court Judge Michael Villani as part of a criminal case alleging felony DUI charges involving death and substantial bodily injury. This case highlights, in the most tragic terms, how a person’s…
How To Avoid A DUI
In the past several years there has become much greater societal awareness regarding the dangers of drinking (or consuming controlled substances) and driving. According to government statistics, 28 people die every day in the United States due to a drunk driving accident. The annual costs associated with drunk driving crashes is estimated at $44 billion…