Las Vegas Criminal Defense Blog

Woman Sentenced for Fatal DUI in Sparks

Tue, 15 May 2012 17:22:47 -0800

Yesterday Reno Justice Court sentenced a twenty-three year old Yerington woman who pleaded guilty to the Nevada crime of DUI with death. Last year she was driving drunk and passed out, which caused an accident which killed her friend in the passenger seat. The woman received a prison sentence of up to five years.

The Nevada crime of DUI with death is when an intoxicated driver gets in a car accident and causes the death of someone other than the driver. Typical defenses include that the death was caused by something other than the drunk driving, or that the victim was more at fault than the driver. A person is automatically considered to be driving drunk in Nevada if his/her BAC is .08 or above whether or not the driver is impaired.

Causing a fatality through drunk driving is a category B felony carrying up to twenty years in prison and maybe a fine of up to $5,000. Judges are likely to impose a sentence in the higher end of the prison range if the driver was transporting a child under fifteen. People convicted of this crime are usually segregated in prison away from violent offenders.

For more on this story go to: http://www.rgj.com/article/20120514/NEWS01/305140033/Drunk-driver-who-killed-friend-Sparks-crash-gets-prison-term?odyssey=tab|topnews|text|FRONTPAGE&nclick_check=1

Man Arrested for Bribing Cops in Elko

Mon, 14 May 2012 08:20:25 -0800

In Elko, a Colorado man has been charged with the Nevada crime of bribery of a public officer for allegedly trying to bribe police after they placed his girlfriend under arrest for domestic violence. The man reportedly offered the police $3,000 to release his girlfriend. He also faces charges for intimidating a public officer and concealing a felony offense.

The Nevada crime of bribery of a public officer occurs when someone offers any reward to any public officer with the intent to influence him/her to do or not do something within his/her official power. Conversely, it's also a crime for a public officer to seek compensation in return for acting or voting a certain way. The main defense to this crime is that the defendant didn't intend to bribe, and that any money exchanged had nothing to do with the public officer's behavior.

The Nevada crime of bribery of a public officer is a category C felony. Penalties include up to five years in prison and possibly a $10,000 fine. Federal bribery charges are even harsher, carrying up to fifteen years in prison and/or a fine of three times the bribe money.

For more on this story, go to: http://www.lvrj.com/news/colorado-man-accused-of-offering-bribes-to-elko-police-151339705.html

For jail Information for people arrested in Nevada, watch our informational video:

Nevada Assemblyman Will Contest DUI Arrest

Fri, 11 May 2012 14:18:19 -0800

Democratic Assemblyman Joe Hogan announced that he plans to contest his criminal charge last month for the Nevada crime of drunk driving. He claims to have drunk a negligible amount of wine at a political event at the Wynn prior to taking the wheel. Authorities are awaiting the results of his blood test.

The Nevada crime of drunk driving prohibits having control over a motor vehicle while either drunk or with a BAC of .08 or higher. There are many circumstances that could cause an innocent driver to register a high BAC such as various medical conditions or faulty testing equipment. The field sobriety tests that police administer on suspected drunk drivers are also not foolproof, especially for people who have physical conditions making it difficult to walk or balance.

The Nevada crime of drunk driving is only a misdemeanor if it's the driver's first or second DUI in seven years and no one was seriously injured. But a first-time DUI with severe injuries or a third-time DUI in seven years is an automatic felony. If someone with three prior DUIs has another DUI incident that causes death to another person, then the punishment may include a life sentence.

For more on this story go to: http://www.ktnv.com/news/local/148980025.html

To learn more about whether a suspected drunk driver may refuse a breath test in Nevada, watch our informational video:

Las Vegas Man Sentenced for Strangling Wife

Thu, 10 May 2012 16:35:54 -0800

A fifty-one year old man was sentenced today for strangling his wife two years ago. Two months ago he pleaded guilty to the Nevada crime of murder through an Alford plea, where he didn't have to admit guilt but concedes there's sufficient evidence to convict him. The judge handed down a sentence of ten years to life in prison.

The Nevada crime of murder is divided into first degree murder and second degree murder. The most serious is first degree, which comprises premeditated killings and homicides done in the perpetration of a felony. Second degree murder is unintentional but extremely reckless killing, such as throwing a heavy object off a roof in a crowded area.

Penalties for the Nevada crime of murder range from twenty-five years up to life in prison. Death can be imposed only if the court finds at least one aggravating circumstance that outweighs all the mitigating circumstances. The judge can increase a prison sentence by twenty years if the defendant used a deadly weapon.

For more on this story go to: http://www.lvrj.com/news/man-sentenced-to-prison-for-killing-his-schoolteacher-wife-150978965.html

To learn more about Nevada murder law, watch our informational video:

Ultimate Fighter Winner Arrested for DUI in Las Vegas

Wed, 02 May 2012 08:54:15 -0800

Ross Pearson, a former Ultimate Fighter winner, was arrested this weekend in Las Vegas for allegedly committing the Nevada crime of drunk driving. Police reportedly observed him swerving on the road and pulled him over, after which he failed field sobriety tests. He was booked and then released from jail.

The Nevada crime of drunk driving occurs when a driver of a car or motorcycle operates the vehicle while either drunk or with a BAC of .08 or higher. Police who suspect a motorist may have been drinking will pull him/her over and asks him/her to submit to a preliminary breath test and field sobriety tests. If the driver fails the tests, the police then arrests the driver, who then must submit to a breath or blood test.

A serious DUI incident involving a fatality or substantial injury is a felony carrying mandatory prison time. But a first- or second-time DUI in seven years with no fatality or major injury is a misdemeanor carrying a maximum six months in prison. However, a third DUI in seven years is an automatic felony even if no one got hurt, and it carries at least one year in prison.

For more on this story go to: http://sports.yahoo.com/news/tuf-winner-ross-pearson-arrested-054131680--mma.html

To learn more about whether a defendant needs to appear in court on a charge of the Nevada crime of drunk driving, watch our informational video:

Las Vegas Teacher Busted for Open or Gross Lewdness

Tue, 01 May 2012 14:32:58 -0800

Last week a high school teacher from Cimarron-Memorial was arrested for the Nevada crime of open or gross lewdness as well as indecent exposure. The thirty-five year old teacher was also employed at the school as a wrestling coach. Las Vegas Metro police are still investigating.

The Nevada crime of open or gross lewdness is a vaguely defined offense that involves a person exposing his/her privates or having sexual activity in public or a place where others would be offended. It's not necessary that the prosecution prove that the defendant meant to offend anyone or be seen in public in order to prove guilt. Undercover policemen often set up stings in public restrooms in order to catch people who may engage in open or gross lewdness.

The penalties for this crime depend on the defendant's criminal history. A first time offense of open or gross lewdness is a gross misdemeanor, carrying a maximum year in jail. But a subsequent offense is a felony carrying up to four years in prison.

For more on this story go to: http://www.lvrj.com/news/high-school-teacher-arrested-for-lewdness-149592015.html

For more information on how to fight a charge for the Nevada crime of open or gross lewdness, watch our informational video:

Nevada Assemblyman Busted for DUI

Wed, 25 Apr 2012 10:04:35 -0800

Last week Nevada Assemblyman Joe Hogan was arrested on suspicion of the Nevada crime of drunk driving. The arrest occurred last Wednesday at 9:20 p.m. The democrat is seeking re-election to his District 10 seat.

Like it sounds, the Nevada crime of drunk driving is when a motorist takes the wheel while drunk or with a BAC of .08 even if he/she is driving safely. It's also a crime to drive high or with too much of certain narcotics in the driver's system. Drivers arrested for DUI must submit to a breath or blood test.

The penalties for the Nevada crime of drunk driving differ depending on the driver's DUI history and whether anyone was hurt. A first or second time DUI in seven years with no substantial injuries is a misdemeanor carrying a maximum of six months in jail. But a first time DUI with substantial injury or death is a felony carrying possibly several years in prison.

For more on this story go to: http://www.rgj.com/article/20120420/NEWS07/120420018/Las-Vegas-police-arrest-Nevada-assemblyman-DUI

To learn about whether you can consult a lawyer before taking a DUI breath or blood test, watch our informational video:

Las Vegas Man Busted in Plot to Murder Wife

Tue, 24 Apr 2012 08:37:20 -0800

Over the weekend a man was arrested for allegedly plotting to kill his wife by hiring a hitman for $2,000. The hitman turned out to be an undercover officer, who was reportedly solicited by the man to break into their home, kill the wife, beat the man up, and steal valuables to make it look like a home invasion. The man faces charges for the solicitation of the Nevada crime of murder, conspiracy to commit murder, and burglary.

The Nevada crime of murder is the most serious crime in Nevada criminal law. Typical defenses include false allegations, self-defense, or accident. First degree murder includes premeditated murder or felony murder, while second degree murder includes extremely reckless unintentional killing.

Penalties for the Nevada crime of murder range from fifty years in prison with the possibility of parole after twenty years to a life sentence with no parole or the death penalty. The death penalty may not be imposed on defendants who are mentally retarded or who were juveniles at the time of the murder. If the court finds that any mitigating circumstances outweigh any aggravating circumstances, then the death penalty may not be imposed either.

For more on this story go to: http://www.lvrj.com/news/police-man-arrested-in-plot-to-kill-wife-148599275.html

To learn about fighting charges of the Nevada crime of murder, watch our informational video:

Las Vegas Doctor Busted for Illegally Selling Painkillers

Wed, 18 Apr 2012 08:14:26 -0800

Last month a doctor, who used to be the chief of internal medicine at a Las Vegas hospital, was arrested after an undercover drug sting. He's accused of committing the Nevada crime of selling drugs by selling almost $50,000 of oxycodone. He allegedly got the pills from California. The doctor is out on bail.

Police typically arrest someone for the Nevada crime of selling drugs after sending an undercover cop to investigate or setting up a fake drug sale. Consequently, a standard defense to this crime is police entrapment--that the defendant wouldn't have sold the drugs but for the police's meddling. Selling can be prosecuted as trafficking if the amount of drugs in question is great enough.

Penalties for selling drugs depend on the kind of drug and the amount. A first offense of selling a schedule I or II drug is a category B felony carrying up to six years in prison. But a third or subsequent offense carries up to fifteen years.

For more on this story go to: http://www.8newsnow.com/story/17379098/i-team-las-vegas-doctor-busted-for-selling-drugs

To learn more about the laws behind the Nevada crime of selling drugs, watch our informational video:

Nevada Cops Stepping Up Traffic Law Enforcement

Tue, 17 Apr 2012 10:51:51 -0800

This past weekend traffic cops in both Las Vegas and Reno teamed up to seek out "distracted drivers" as well as drivers who don't yield to stopped emergency vehicles. Nevada traffic law prohibits drivers from talking or texting on a phone while driving unless the driver is using a hands-free headset. Many drivers don't realize that it's a crime to use the cell phone even while the vehicle is stopped at a red light.

Nevada traffic law also mandates that when an emergency vehicle is stopped and flashing emergency lights, the driver needs to reduce speed or if possible change lanes and drive slowly. The purpose of this law is to reduce accidents and keep the roadway safer. Historically, cops have a difficult time enforcing this rule because any cops at the scene are already preoccupied with the event that caused the emergency vehicle to stop to begin with.

Throughout the year, police try to enforce Nevada traffic law with special enforcement campaigns and DUI checkpoints. Police sometimes set up DUI checkpoints at random, though they frequently occur during high risk times such as New Year's Eve and St. Patrick's Day. At checkpoints, police stop all motorists passing through to check for signs of drunk driving.

For more on this story go to: http://www.foxreno.com/news/news/traffic/special-enforcement-campaign-targeting-distracted-/nMTtJ/

To learn about DUI checkpoint arrests in Las Vegas, watch our informational video:

Man Acquitted of Murdering Ted Binion Arrested for DUI in Idaho

Tue, 10 Apr 2012 08:01:37 -0800

The man acquitted of killing Las Vegas casino executive Ted Binion has been arrested for drunk driving in Idaho. The forty-seven year old was arrested early Saturday in Boise and then released from jail. He's been living in Missoula, Montana since 2010.

Nevada DUI law makes it a crime to drive drunk or high. Even if the driver is not impaired and driving safely, it's still a crime to drive with a BAC of .08 or above. Cops try to determine whether a driver is committing DUI by asking the driver questions, administering a preliminary breath test, and asking the driver to perform field sobriety tests.

The penalties for violating Nevada DUI law vary depending on the defendant's criminal history and whether anyone was hurt. Normally a first-time DUI with no accident is only a misdemeanor with a suspended jail sentence. But a first time DUI with injury or death is a felony and can carry several years in prison.

For more on this story, go to: http://www.kulr8.com/news/state/146662285.html

To learn more about Nevada DUI law, watch our informational video:

Nevada Supreme Court Delays Jail for Ex-Prosecutor

Mon, 09 Apr 2012 08:38:40 -0800

A former Clark County drug prosecutor who entered a guilty plea to violating Nevada cocaine law last year has had his nine-month jail sentence delayed by the Nevada Supreme Court. The high court reasoned that since the sentence is being appealed, the ex-prosecutor doesn't need to report to jail yet. The ex-prosecutor's defense attorney is claiming that the sentencing judge was biased against the ex-prosecutor.

Nevada cocaine law makes it a crime to possess, sell or traffic cocaine in Nevada. A first offense of possessing cocaine can sometimes be dismissed if the defendant agrees to do Drug Court. But subsequent offenses carry a maximum four years in prison.

Meanwhile, a first offense of selling cocaine carries up to six years in prison, a second offense carries up to ten years, and a successive offense carries up to fifteen years in prison. Finally, trafficking cocaine carries up to a life sentence depending on the amount of cocaine in question. However, it may be possible for a judge to suspend a first-time trafficking conviction if the defendant agrees to help the prosecution with its investigation.

For more on this story, go to: http://www.lvrj.com/news/nevada-high-court-delays-former-prosecutor-s-jail-term-for-drug-charge-146493785.html

To learn more about Nevada cocaine law, watch our informational video:

Nevada Traffic Deaths on the Rise

Tue, 03 Apr 2012 08:26:06 -0800

Traffic-related fatalities in Nevada have risen by nearly a third in the first quarter of 2012 compared to the same time frame in 2011. In total, 57 people have died from car accidents and the Nevada crime of DUI so far this year, which is 11 more than the first three months of last year. The all-time high was 2006, when 432 people died in traffic-related deaths that entire year.

The Nevada crime of DUI is when someone drives while either impaired by alcohol or with a BAC of .08 or above, whether or not he/she is impaired. It's also a crime to drive while impaired by drugs or with too much of certain drugs in his/her system. It doesn't matter whether the person has a prescription for the drugs and is taking them legally--the driver can still be convicted of driving under the influence of drugs.

If a cop suspects someone has committed the Nevada crime of DUI, the cop will pull the driver over. The cop will then ask the driver various questions and may ask the driver to submit to a preliminary breath test and field sobriety tests. If the driver fails the tests, the cop will arrest the driver, who will then have to submit to a breath test or blood test.

To learn about the Nevada crime of reckless driving, which some DUI charges may be reduced to, watch our informational video:

Las Vegas Muni Court Now Closed on Fridays

Mon, 02 Apr 2012 14:06:20 -0800

Effective this week, Las Vegas Municipal Court is starting a four-day work week. The purpose is to help cut wait times and increase efficiency. Operating hours are now Monday through Thursday, from 7:30 a.m. to 5:00 p.m.

Las Vegas Municipal Court has jurisdiction over all misdemeanor criminal matters allegedly occurring within Las Vegas city limits. Any felony matters allegedly occurring within Las Vegas city limits are heard in Las Vegas Justice Court. Appeals may be heard in Clark County District Court.

Las Vegas Municipal Court is located in the Regional Justice Center at 200 Lewis Avenue in Las Vegas. The phone number is (702) 671-4528. Currently, case information is not available online.

For more on this story read: http://www.lvrj.com/news/las-vegas-municipal-court-going-to-four-day-week-145218885.html

To learn how to get a Las Vegas criminal case dismissed, watch our informational video:

Nevada Supreme Court to Hear Medical Marijuana Case

Fri, 30 Mar 2012 10:19:16 -0800

The Nevada Supreme Court will hear an appeal of a Clark County District Court judge's decision which claimed Nevada medical marijuana law is unconstitutional. In the case, the district judge dismissed a case where the defendants were charged with drug trafficking for supplying marijuana to medical marijuana patients. Briefs on the case should be submitted to the court within six months, and it remains to be seen whether the court will entertain oral arguments.

Currently, Nevada medical marijuana law allows approved medical marijuana cardholders to possess small amounts of marijuana for the express purpose of relieving pain related to disease and chronic conditions. However, there is no feasible way for cardholders to obtain marijuana since Nevada law also makes it a crime to sell or buy marijuana. Some dispensaries "give away" marijuana to patients, who are encouraged to leave a cash donation which can be construed as an illegal payment.

Nevada medical marijuana law makes medical marijuana cards good for only one year, and cardholders need to keep reapplying in order to use medical marijuana legally. The card permits cardholders to possess one ounce of usable medical marijuana and up to three mature marijuana plants or up to four immature marijuana plants. However, cardholders may not possess or use medical marijuana in a public space or a public view.

For more on this story read: http://www.lvrj.com/news/nevada-supreme-court-looking-at-medical-marijuana-law-ruling-144738965.html

To learn about how much medical marijuana is allowed in Nevada, watch our informational video: