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Recent Posts in Criminal Procedure Category

  • 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 Are Nevada's Drug Possession Penalties?

    Last month , we discussed some effective defenses you can use against a drug possession charge. Now we want to explain why it’s important to have a good defense. Nevada takes drug crimes quite seriously. There are many different types of possession allegations, each having stiff penalties. In this article, we will take a broad look at Nevada’s charges and punishments for drug possession. Drug ...
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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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  • 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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  • 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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  • Can a Felony Be Reduced to a Misdemeanor in NV?

    If you have been accused of committing a felony in Nevada, you may be able to get the charge reduced to a gross misdemeanor. Although a criminal defense attorney’s initial goal in a felony case is to have the charge dismissed, the next best situation is to reduce a felony to a misdemeanor through a plea deal, especially if the district attorney refuses to throw out the case altogether. Felony ...
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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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  • What is Deferral of Judgment in Nevada?

    According to NRS 176.211, Nevada law states that defendants who plead guilty or no contest to certain crimes can get their case dismissed and their record sealed through “deferral of judgment.” This means a judge defers judgment – or elects not to convict – and you (the defendant) must complete various court-ordered conditions within a specific time period. The following are the common terms of ...
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  • Nevada DUI Court

    Getting arrested for a DUI in Nevada is a stressful and traumatic experience. Unfortunately, a conviction carries serious consequences, such as driver’s license suspension, fines, and even a jail sentence. However, you may avoid jail time by participating in “DUI Court,” which is an alternative sentencing program that allows eligible drunk or drugged drivers to enter intensive rehabilitation ...
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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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  • 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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  • 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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  • 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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  • Should I Accept a Plea Deal?

    During the criminal trial process, the prosecutor may offer the defendant a plea deal. That is, they may agree to drop charges, file lesser charges, or recommend an alternative sentence if the defendant consents to plead guilty or no contest. Because the outcomes of a trial are unknown, and a plea bargain is relatively clear, a defendant might be tempted to accept the offer. However, whether or ...
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  • What Does it Mean to Impeach a Witness?

    When a criminal case goes to trial, the prosecutor may bring forward witnesses to testify against the defendant. The statements the witness makes serve to strengthen the state’s evidence and satisfy the burden of proving beyond a reasonable doubt that the defendant committed the alleged offense. The prosecutor may call various witnesses to the stand; however, not all are credible or can provide an ...
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  • What Constitutes Entrapment in Nevada?

    To catch individuals engaging in criminal activity, Nevada law enforcement might set up a sting operation, which is when an officer goes undercover as a buyer, seller, or potential victim. For example, a cop could pose as a drug buyer to catch a suspect dealing narcotics. Generally, this type of police activity is allowed, as giving a person an opportunity to commit a crime is not considered ...
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  • Can You Face Assault Charges for Aiming an Unloaded Gun at Someone?

    Wielding a gun at someone could result in a charge of aiming a firearm at another human, but whether you will be charged with assault depends on your intent. Definition of Assault Under Nevada law, assault is defined as the attempt to use force against another person or intentionally acting in a way that makes the person fear they are at risk of immediate bodily injury. The victim does not need to ...
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  • Is Aiding and Abetting the Same as Being an Accessory to a Crime?

    The commission of some crimes might be carried out by multiple people, who may have varying degrees of involvement: planning the act, directly committing the offense, or supporting the perpetrator in some way after the act has been committed. Because of this, Nevada law distinguishes between two types of parties in the commission of a crime: Principals Accessories Based on the state’s legal ...
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  • Preparing For Your First Criminal Court Appearance

    Whether we like to admit it or not, appearances matter. You can never make a first impression twice, especially in front of a judge or jury who will determine if you are guilty or innocent. No one enjoys or is fully comfortable with attending their first criminal court appearance, as it can be incredibly nerve-wracking and stressful not knowing what to expect. Preparation is key in alleviating ...
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  • Courtroom Etiquette: Preparing Yourself for Court

    Etiquette is essential when you want to make a good impression. It’s important when you go on a job interview, when you meet your new neighbors, when you attend a funeral or church service, when you go to Back to School Night for your kids, and when you go on a date – etiquette is important in everyday life. It’s especially important when you have to appear in court. One of the first things ...
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