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Recent Posts in Criminal Defense Category

  • What Is the Legal Difference Between Voluntary and Involuntary Manslaughter?

    Understanding the difference between different legal terms can be confusing, especially if you’re not a legal professional. For instance, people assume that manslaughter is any accidental killing, so they may be confused by a term like “voluntary manslaughter.” Let’s take a closer look at both forms of manslaughter to help you better understand the legal differences between them. Defining ...
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  • Unlawful Search and Seizure: Challenging Drug Possession Arrests in Nevada

    As a resident of Nevada, it is essential to be aware of your rights when it comes to unlawful search and seizure in drug possession cases . The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement officers. This means that if the police conduct an unlawful search and seizure, any evidence obtained may be deemed inadmissible ...
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  • Effective Defenses Against Battery Allegations

    Facing a battery accusation is an intimidating experience, both in the immediate moment and down the line. Luckily, there are some effective strategies and defenses you can use if you find yourself facing battery or assault charges. Here are some common defense strategies against battery accusations that you can discuss with your attorney. Self-Defense If you acted in self-defense, then you may be ...
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  • The Legal Separation Between Domestic Battery and Domestic Abuse

    If you’ve been accused of domestic abuse or battery, you must understand the difference between these two allegations. Both share many similarities, but there are important legal distinctions between the two. Such distinctions are important in the law. In this case, they could mean the difference between freedom and jail time. Here is a broad overview of domestic abuse and domestic battery, along ...
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  • Can You Refuse a Breathalyzer Test in Nevada?

    If an officer stops you and believes that you have been drinking, they will likely ask you to submit to a breathalyzer test. A breathalyzer is a small device that tests someone’s breath, estimating blood alcohol content (BAC). It may appear as though you can simply refuse to take the test, and everything will be fine. Many states , however, have implemented “implied consent” laws that essentially ...
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  • What Constitutes Intent in a Nevada Theft Case?

    Intent, or doing something willfully, is a big part of any criminal case. The legal, Latin term for intent is "mens rea." When you understand how important intent is in a criminal case, you can develop strong defense strategies. Proving that you did not mean to commit a crime could be the difference between freedom and a long-term prison sentence. In this blog, we will broadly explore the idea of ...
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  • Going to Your Local "Sober Bar" Could Still Result in a DUI

    Across the nation, we are seeing the rise of “sober bars.” These places serve a variety of drinks. They feature special coffee concoctions, but they also have kava and kratom teas on tap. For the moment, all of these drinks are legal, and as far as we know, they are non-addictive. However, they are both mood and mind altering. Kava has a sedative effect on most consumers, and many forms of kratom ...
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  • What, Exactly, Is Burglary?

    When we think of burglars, we might imagine a cartoon image we saw as children. A man in a striped shirt, beret, and domino mask sneaks into a home, stuffing valuables into a bag. The cultural impact of this image cannot be understated. It directly connects “burglary” to “theft,” and “burglars” are always “thieves.” Legally, this assumption is completely false. Burglary does not necessarily ...
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  • Can You Be Arrested for Public Drunkenness in Nevada?

    Many states still have laws regarding public intoxication. Nevada is not one of these states. In fact, the state has a reputation for being quite liberal about alcohol. Standard grocery stores can sell liquor, and there are no time restrictions for dedicated liquor stores. They can be open 24/7. Nevada even allows its citizens to openly drink in public, which many other states do not. With all ...
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  • Appealing a Conviction in Nevada

    Our justice system is based on “reasonable doubt.” A jury must be 100% certain of someone’s guilt before convicting them. This is a high bar, designed to give citizens the best chance against bias and corruption. Even the most reasonable people, however, can be swayed in a criminal trial. Defendants are often convicted of crimes they did not commit. The system understands this possibility, and it ...
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  • Credible Defenses Against Money Laundering

    What Is Money Laundering? When money is gained through illegal means, that money is, itself, illegal. People involved in criminal enterprises must find a way to make the money appear legitimate. It needs to be “cleaned.” This is where money laundering comes in. Normally, illegal money is pumped through a business. That business’s bookkeepers make it look like the business is profitable. This ...
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  • When the Cops Pull You Over, Stay Silent!

    Your right to remain silent is one of the most important aspects of our justice system. It keeps you from implicating yourself in an accusation, and the police can’t use your words against you. They will do just that, and they warn you upfront. Part of your Miranda warning states that “anything you say can and will be used against you.” Your right to remain silent extends to traffic stops. When ...
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  • Helpful Defenses Against Embezzlement Allegations

    Theft takes many forms. It can be direct, such as in a robbery or purse-snatching, and it can also be more discreet. Whit-collar theft takes place in transactions. It too can be more direct, like stealing money directly from someone’s bank account. One form of white-collar crime, however, is more subtle. It is often harder to detect, and offenders can sometimes get away with the crime for years. ...
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  • 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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