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Recent Posts in Criminal Defense Category

  • Shoplifting Penalties in Nevada

    In last month’s shoplifting article , we discussed effective defenses against the crime. Now, we want to explore what might happen if you don’t fight these charges in court. Nevada takes shoplifting charges seriously. At the low end, the crime is a misdemeanor. On the opposite extreme, it can be charged as a felony. Before, going forward, let’s discuss the differences between these two criminal ...
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  • 4 Defenses You Can Use Against a Drug Possession Charge

    If you’ve been accused of drug possession, don’t panic. It’s easy to assume that there is no escape from this accusation. The authorities would have you believe that they found you with an illicit substance, and there’s no way you can win your case. This simply isn’t true. Drug possession isn’t a cut-and-dry accusation. It’s often based on assumption. Remember, guilty verdicts are based on a lack ...
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  • Are There Any Strong Defenses Against Shoplifting?

    When you’ve been accused of shoplifting, the outlook can appear bleak. The authorities say they’ve caught you red-handed, so there’s no use in arguing against the charge. Don’t believe them. This is a trick. It’s an attempt to move the case along quickly. They want to secure a guilty verdict and move on. You can fight any charge in court. This is your right. The prosecution has a responsibility to ...
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  • Could Drinking Kava Tea Lead to a DUID Charge?

    The use of kava tea is becoming increasingly popular across the nation. In Reno, it’s easy to find a kava spot to sit and relax. Kava is a sedative tea, and it is often served in a bar setting. People sometimes refer to these spots as “sober bars,” but that label isn’t quite accurate. Kava has a numbing effect on both the mind and the body. Thus far, the law has mostly stayed away from regulating ...
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  • Assault vs. Battery: What's the Difference?

    The words “assault” and “battery” are often used in the same breath to describe the same charge. People even tend to interchange the words, unconcerned about whether doing so causes any confusion. In many ways, it’s okay to swap the terms. At the crimes’ most basic levels, they are usually charged and penalized identically. There is, however, a legal difference between assault and battery. In this ...
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  • What Is Voluntary Manslaughter?

    In our last blog , we discussed involuntary manslaughter, defining the term and offering defenses against the crime. We also discussed how easy it is to get confused by the very idea of manslaughter. The crime is much more than simply killing someone by accident. It involves willful, negligent behavior that results in someone’s death The legal words that differentiate the different types of ...
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  • What Is Involuntary Manslaughter?

    Many people misunderstand the crime of manslaughter. It’s often confused with “killing someone by accident.” Imagine a factory worker who accidentally loses their grip on a machine part, that part flies across the factory, hitting and killing a coworker. The terms used for the crime can also be misleading. When you hear the phrase “involuntary manslaughter,” you may picture a scenario like the one ...
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  • How to Act When Pulled Over for a DUI

    Being pulled over on suspicion of driving under the influence can be an anxiety-inducing experience. Remaining calm and following the steps outlined in this article can help. Thinking Ahead & Acting Accordingly When someone is pulled over on suspicion of driving under the influence, their behavior during the traffic spot can influence the outcome of the investigation. Following these steps can ...
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  • Can My Criminal Record Be Expunged in Nevada?

    A criminal record can follow someone throughout their life, making it more difficult to obtain employment, housing, and government benefits. In some states, people can have their criminal record expunged, meaning the record will be erased and will no longer be accessible to the general public. Expungement can be life-changing for people with certain convictions. However, not all states offer ...
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  • Manslaughter Vs. Homicide in Nevada

    Being accused of killing another person is extremely serious, if not the most serious crime someone can be charged with. A conviction for such a crime is life-altering and can result in significant prison sentences and fines. The state of Nevada has charges for both manslaughter and homicide. These charges differ and are applied to killings based on the severity and specific circumstances. What ...
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  • Self-Defense Versus Assault

    The legal system is complicated and varied when it comes to acts of violence against another person, and reasonably so. Crimes of this nature are categorized in different ways, such as assault and battery, and the consequences are relative to the nature of the crime. However, there are situations in which people must behave in a violent nature against another person for their own protection. How ...
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  • Can Theft Result in Felony Charges in Nevada?

    Theft is one of the most frequently committed crimes and has a wide range of consequences for someone who is convicted. Considering that almost anything can be stolen, there are various classifications for theft crimes in the legal system. The charges a person will receive depend entirely on the nature of the specific theft they are being accused of. Someone can receive felony charges in certain ...
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  • Probation Violation in Nevada

    If you are convicted of a crime in Nevada, a judge may impose probation, in lieu of—or along with—a jail or prison sentence. The main purpose of probation is to rehabilitate an offender, rather than punish him/her. Common terms of probation may include: Community service Random drug testing Routine meetings with a probation officer Regular court hearings Educational courses Counseling Electronic ...
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  • Nevada Disorderly Conduct Laws

    Disorderly conduct is one of the most common offenses in Reno and throughout Nevada since the state is littered with casinos, bars, clubs, pool parties, and other nightlife activities. Although you are allowed to walk on the streets with a drink in your hand and public intoxication alone is not a crime, being drunk in public can result in a disorderly conduct charge. Disorderly conduct is a ...
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  • Nevada Resisting Arrest Laws

    Dealing with law enforcement officials can be a nerve-wracking experience, which is why it is not uncommon for someone to resist arrest or attempt to evade a police officer. Unfortunately, doing so can result in separate criminal penalties on top of the original criminal charges. In Nevada, resisting a public officer means attempting to stop the police from executing their legal duties, which ...
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  • Washoe County's Adult Drug Court

    Unfortunately, many people suffering from substance abuse or addiction are charged with various drug crimes in Nevada. However, criminal courts throughout the state understand these individuals would greatly benefit from rehabilitation services to help them overcome their dependency on drugs. In 1995, the Second Judicial District Court established the Adult Drug Court—which was the first Special ...
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  • Misdemeanors & Felonies in Nevada

    There are two main forms of crimes in Nevada: misdemeanors and felonies. Although felony crimes are more serious and result in harsher criminal penalties in comparison with misdemeanor offenses, getting convicted of either can lead to a permanent mark on your criminal record, which can make obtaining employment, applying for a college or university, seeking a loan, or living a normal life very ...
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  • Breaching the Peace in Nevada

    Whether you are being extremely loud in public or involved in a physical altercation in Nevada, you could be charged with “breaching the peace.” Also known as disturbing the peace, this offense is defined as intentionally or willfully disturbing a person, family, or neighborhood with either loud and strange noises, offensive and tumultuous conduct, threats, or fights or challenges to a fight. ...
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  • Do I Need to Hire a Lawyer for a Misdemeanor?

    Because misdemeanors are not as serious of an offense compared to felonies, many people do not consider hiring a criminal defense lawyer when facing such criminal charges. However, no matter what type of charge you face, a conviction will always result in serious consequences. The following are three reasons why you need to hire an attorney for a misdemeanor: You can still spend time behind bars – ...
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  • 4 Common Crimes Committed During the Holidays

    The holiday season is generally filled with joy and cheer. However, there is a spike in certain crimes during this time of year, which causes local law enforcement officials to increase their patrols throughout residential areas, as well as areas where festive gatherings take place, such as bars and restaurants. The following are the four most common holiday crimes: DUI – Since alcohol consumption ...
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  • What is Pre-Prosecution Diversion?

    A misdemeanor conviction in Nevada is punishable by harsh criminal penalties, including fines and even a jail sentence. If seeking a not-guilty verdict appears to be unattainable, it is still possible to avoid conviction by entering “pre-prosecution diversion.” Pre-prosecution diversion enables eligible defendants to complete several conditions (e.g., rehabilitation, educational courses, etc.) in ...
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  • 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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  • 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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