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Recent Posts in Criminal Procedure Category

  • 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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