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Blog Posts in 2020

  • A Fatal DUI Will Not Result in a Murder Charge in NV

    On September 15, 2020, the Nevada Supreme Court ruled that drunk drivers who cause fatal accidents will no longer be charged with second-degree murder. The most serious charge a DUI motorist can face is felony DUI causing death. DUI causing injury or death in Nevada is a category B felony, which carries a prison sentence between two and 20 years, a fine of up to $5,000, and driver’s license ...
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  • 4 Common Reasons to Suppress Evidence

    Just because you have been arrested for an alleged crime does not mean you are guilty. You may be able to avoid conviction by omitting certain evidence from trial by filing a motion to suppress evidence – with the help of an experienced criminal defense attorney. The suppression of the right evidence – or all the evidence – can result in either the judge dismissing your case before trial or the ...
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  • Nevada Theft Laws & Porch Pirates

    Online shopping has significantly grown in popularity over the last few years, especially during the holidays and now during a pandemic. However, there is a new type of thief – known as the “porch pirate” – who unlawfully capitalizes on this recent trend. In the past few years, several states have passed laws that specifically address this type of mail theft . In Texas, for example, stealing mail ...
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  • Can I Get a DUI While Riding a Bike in Nevada?

    In order to avoid getting a DUI , many Nevada residents elect to ride their bicycles rather than drive their vehicles. However, can you still get a DUI for riding a bike? The answer is a resounding “no.” Nevada DUI laws only apply to vehicles and motorcycles, not to bikes or even electric bicycles and e-scooters. Keep in mind, intoxicated bicyclists can still face other types of criminal charges. ...
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  • What is the Difference Between Reasonable Suspicion & Probable Cause?

    There are two main legal concepts that the police apply in a criminal investigation to determine whether to detain someone, search and seize evidence, or arrest someone: reasonable suspicion and probable cause. While these concepts are used interchangeable, different circumstances must be met in order to establish each one. Reasonable Suspicion Law enforcement officials must first establish ...
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  • 4 Drug Possession Defenses

    One of the most common crimes committed in Reno and throughout Nevada is drug possession . A conviction for drug possession can result in serious criminal penalties, no matter the amount a person allegedly has in their possession. If you or a loved one has been arrested for drug possession, with the help of an experienced criminal defense lawyer, there may be several legal defenses available that ...
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  • Decrease in Crimes in Reno During COVID-19 Outbreak

    The World Health Organization (WHO) declared the COVID-19 outbreak a pandemic on March 11, 2020. In order to curb the spread of the coronavirus throughout Nevada, Governor Steve Sisolak issued a statewide stay-at-home order on April 1, requiring residents to stay at home and nonessential businesses to close until further notice. Since many businesses are closed and people are not out as much, the ...
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  • COVID-19 & Nevada Criminal Courts

    The COVID-19 pandemic has disrupted many aspects of life in Nevada, including the court system. In order to prevent the spread of the coronavirus in courthouses and offices throughout the state, the courts have issued their own social distancing guidelines in compliance with the statewide stay-at-home order. On March 13, 2020, the Clark County District Court suspended and rescheduled all civil and ...
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  • What Happens If I Violate the Nevada Stay-at-Home Order?

    On April 1, 2020, Nevada Governor Steve Sisolak issued a statewide stay-at-home order, forcing residents to stay home each and every day, and non-essential businesses to close their doors until further notice. Unfortunately, many owners depend on their businesses to support their families, which is why some non-essential businesses have remained open despite the stay-at-home order. So, what ...
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  • What Happens If I Violate a Restraining Order in NV?

    When a person has been arrested for allegedly committing a domestic violence offense in Nevada, he/she may also be subject to a restraining order filed by the alleged victim. Also known as protective orders, restraining orders generally prohibit contact between both parties, order the alleged offender to stay away from the alleged victim’s home, workplace, school, or any other location he/she ...
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  • Mandatory Arrest Law in NV Domestic Battery Cases

    Domestic battery , also known as domestic violence, is one of the most charged crimes in Nevada. The main reason why is because the state has a “mandatory arrest law.” According to NRS 171.137, if a police officer has probable cause – unless mitigating circumstances are present – to believe someone has committed domestic battery within the past 24 hours, the officer must arrest the alleged primary ...
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  • Get I Get My DUI Charge Reduced in Nevada?

    A DUI is a serious offense in Nevada. Not only does getting convicted lead to serious penalties like driver’s license suspension, fines, and even jail time, but it also results in a criminal record that can negatively affect your life post-conviction. You may be wondering if it is possible to get a DUI charge reduced to a lesser charge. While the answer is “yes,” getting a DUI charge reduced is ...
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  • Aggravating Factors in a First-Time DUI in NV

    A first DUI offense in Nevada carries a maximum jail sentence of six months (although the court may suspend the sentence or order up to 96 hours of community service), a fine of up to $1,000, and driver’s license revocation for at least 185 days. However, if there are any aggravating factors, a first-time DUI can lead to harsher penalties and even a felony charge. The following are common ...
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  • New Nevada Laws in 2020

    Along with a new year and a new decade in Nevada, many new laws took effect on January 1, 2020. Some of these new laws made additions and changes to the state’s criminal justice system. The following are several new Nevada criminal laws in 2020: Guns – Under AB 291, family members may ask the court to keep guns out of the hands of people who are a danger to themselves or others. The new ...
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  • Viable Domestic Battery Defenses

    A charge of domestic battery is not a conviction. While the arrest can be extremely emotional and traumatic, defendants should not give up hope. There are reasonable explanations that can either shift a domestic battery claim or create enough reasonable doubt to avoid conviction. A few viable domestic battery defenses include: Self Defense Domestic violence is a two-way street in some ...
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