Monday, July 20, 2015

4 Questions about OR Release for Arrested Tourists in Las Vegas Answered!

A tourist who got arrested in Las Vegas can be released by posting a bail.  However, if he doesn’t want to post a bail, another way to be released is through an OR Release.

1.   What is an OR Release?

An OR Release is also known as the “own recognizance” release.  This is granted when an arrested tourist in Las Vegas makes a written promise to appear in all future proceedings.

2.   How to get an OR Release?

The criminal defense lawyer will file a motion in court on behalf of the tourist so he will be released, without posting any bail.

Related Article: 5 FAQs about Tourist Arrests in Las Vegas

3.   What are the factors that the judge considers in granting an OR Release?

The Judge considers several factors in granting an OR Release:
  • Severity of the crime
  • Criminal history
  • Danger that might be caused to the community due to the release
  • Relation to a family, neighborhood, and employment

4.   What are the conditions applied when granted with an OR Release?

State criminal courts require definite conditions after granting a tourist with an OR release. Some of these conditions include:
  • Restriction of travel privileges
  • Periodical communication with the court
  • Regular checking of a probation officer
  •  Setting of curfew and stay-away orders

These conditions may apply until all the court proceedings are finished.

The tourist will be subject to an immediate arrest if he/she violated the conditions imposed and does not show up in court for any court proceeding that requires the defendant’s presence.

Thursday, June 4, 2015

All About Dual Arrest in Nevada

The police officer should identify the primary physical aggressor (PPA) first before arresting one of the parties in a mutual battery case. However, there are situations when law enforcers find it difficult to identify which party is the PPA. This results to dual arrest. (Source: National Institute of Justice

What is Dual Arrest?

Dual arrest happens when the assessment reveals that there was “separate, distinct battery” carried out by both parties against each other. The possibility of dual arrest also occurs when the arrest of both parties is justified with a warrant. (Source: NVPAC)

How is Dual Arrest Treated in Nevada?

Nevada is one of the states in the US that has mandatory arrest law. As per NRS 171.137, a domestic battery and protection order violation mandatory arrest is necessary when there is “probable cause” for the law enforcer to believe that the battery was committed within the previous 24 hours. (Source: NVPAC) They can decide to arrest both parties involved and then let the court determine who the guilty party was. (Source: National Institute of Justice)  It is also possible that neither of the parties will be prosecuted.
Dual arrest is still discouraged even if it is not forbidden by law.

Why is dual arrest discouraged?

Dual arrest is discouraged because it can:
  •  Break the clean criminal record of the alleged victim
  • Refute the victim’s eligibility for victims of crime compensation
  • Prevent the prosecutors and advocates from speaking with either party due to the 5th Amendment restrictions

Aside from these, dual arrest is discouraged becayse the true victim may not report future domestic violence incidents as dual arrest may terrify her/him. Some law enforcers might also turn to dual arrest so they can easily get through the battery incident.

What should be done before an actual dual arrest?

Before proceeding to a dual arrest, the law enforcer should:
  • Verify that two distinct batteries took place (separated by time and space)
  • Make individual cases and reports for every arrest
  • Take the evidence limitations into an account as the 5th amendment restrictions may prevent either party to be considered as a witness.
  • Consult the supervisor before doing any actual dual arrest

Dual arrest can affect the lives of both parties involved in the domestic violence incident. Therefore, law enforcers should be strongly aware of these things before deciding for a dual arrest.

Thursday, March 12, 2015

How to choose a Las Vegas Criminal Defense Lawyer

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

criminal defense

Is a criminal charge filed against you? Here are some tips on finding the right Attorney for your case:

Make a list

Looking for a criminal defense lawyer is easy, but finding the best one requires research. That’s why you have to list down the names of the lawyers that you think are capable of helping you in your situation. List down at least 3 names and start doing the background check. 

Background checking

After making the list, you can start your research. Check the background of your prospect lawyers. Review the results of the criminal cases that they have handled. You can ask some of their previous clients or you could raise your questions to each of the lawyers directly. Here are some examples of the the things that you need to ask:
1. When did you start defending criminal cases?
2. How many cases related to my case have you handled?
3. How do you formulate the defense strategies related to my case?

Online  Backgorund check

Do not simply rely on the answers of the laywers. Research online and double check if the information that they gave you are correct. You can also look for the reviews and feedback of their previous clients online. Look for forums and review sites that are related to Las Vegas criminal defense lawyers.

Consider your Means

You should check whether the defense lawyer asks fees for an hourly or per meeting basis. You should also consider your budget. No matter how good a criminal defense lawyer is, if you could not afford his rate, then maybe he is not the perfect one for you.

If you are looking for an experienced lawyer that specializes in different criminal cases in Las Vegas, look no further! Atty. Ross C. Goodman is one of the best lawyers in this field. You can directly visit his office at 520 South 4th Street Las Vegas, NV 89101 for a free legal consultation. You can also call him on (702) 383 – 5088 for more details.

Thursday, March 5, 2015

Plea Bargaining in Domestic Violence

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

domestic violence lawyer

                Plea bargaining happens when there is an arrangement between the prosecutor and the defendant regarding a criminal case. The disposition should be agreed on by both parties involved. Plea bargaining could end a certain case without having a trial procedure. The most important part of plea bargaining is that the defendant should plead guilty and confess to the crime that he/she is being charged. The defendant, consulting a domestic violence lawyer, also waives his/her right to trial and understands the consequences (charges, maximum sentences, etc) he/she could get after pleading guilty.

Plea Bargaining in Domestic Violence

                The plea bargaining in domestic violence is often discouraged because it somehow betrays the policies regarding domestic violence, neglects the fact that the offender should be penalized, and decreases the gravity of the crime committed. However, plea bargaining is sometimes considered to spare the victim, even his/her family, from the stress of having a trial. Some victims find it stressful to testify in front of an audience which is necessary in trial proceedings.

The following are some recommendations regarding the use of plea bargaining:

  • The intention of protecting the victim, ending domestic violence, holding the offender accountable and reinforcing the grave criminal nature of domestic violence should be part of the approach in plea bargaining.
  • The victim should always be consulted by the defendant.
  • Plea negotiation before the arraignment would be preferred to reduce trauma for the victim and to immediately start the rehabilitation of the defendant.
  • The following questions should be asked in considering charge reduction:
     Is a child present during the crime?
     Were weapons used? Or were there any threats of using a weapon?
     Are there any injuries inflicted?
     Does the defendant have a history of abuse?
     Does the defendant have any prior criminal record?
     What is the extent of the violence and the evidence presented?
     What are the requests of the victim?

  • The results of the plea bargain should correspond to the sentencing guidelines of the office.
  • The reduced charge, if possible, should emulate the original nature of the crime.
  • Using the need for the defendant's timely rehabilitation as a basis for plea bargaining will be considered if the importance of its timeliness should be emphasized.

The judge, who does not participate in plea bargain discussions, may reject the guilty plea and the disposition itself if the charges do not have any factual basis.

If you have any concerns about domestic violence and other criminal offenses, consult with Atty. Ross Goodman, one of the top criminal defense lawyers in Las Vegas.

Tuesday, March 3, 2015

How to Win a Child’s Sole Custody?

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Some parents who separate agree for a joint custody to their child. This means that they have to share the time that they will spend on the child and also share on the expenses for the child’s education, daily living and so on. Custody also has something to do with the decision-making on the child’s behalf regarding education and financial management. However, there are separated parents who do not want to share the custody of their child. Hence, they fight for sole custody.

Child’s Sole Custody in Nevada

In Nevada, if the child is still a minor, the sole custody automatically goes to the mother, making it hard for fathers to win the sole custody of his child. But don’t worry. It is still possible for the father to win his child’s sole custody with the help of a good criminal defense lawyer in Las Vegas.

There would be a process of observation and interviews from professionals (who may be a lawyer or a psychologist) and acquaintances of both parties. The judge will also ask questions to both parties. The last stage of the process requires the decision of the judge on who will win the child’s sole custody.

Granting Sole Custody

Here are the factors considered by courts when granting sole custody rights:

  • Parenting ability - The court has to know who reaches out more to the child and who could satisfy the needs of the child emotionally. The parent has to prove that he/she teaches good values and that he is a good example to the child.
  • Financial Stability - The parent has to prove that he/she can give every need of the child and support him monetarily.
  •   Health - A healthy parent can function more than a weak one.
  • Involvement in child’s every activity - The parent has to prove that he/she is engaged with the child’s activities in school, community and home.

In some cases, one party easily gets the sole custody because he/she has proven that the other party isn’t a good example to the child. It is either the other party hurts the child, takes illegal drugs or has a mental or behavioral problem. If one party is not able to prove it, the case has to undergo the regular process.

If you want to win the sole custody of your child, hire a Las Vegas criminal defense lawyer that could surely help you win the case. Atty. Ross C. Goodman is the most experienced and the most reliable criminal defense lawyer in Las Vegas. Call his law firm, Goodman Law Group, at (702) 383-5088 for a free legal consultation. 

Thursday, February 26, 2015

Jurisdictional Requirements for Domestic Violence Victims in Las Vegas

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Domestic violence cases are easy to file in Las Vegas, but they are not automatically accepted by the court. The plaintiff should meet several jurisdictional requirements first, before the case can be accommodated in court. Some cases are dismissed because they lack subject matter jurisdiction (as decided by the judge). If you are a defendant, make sure that you hire a A prominent domestic violence lawyer who knows if the plaintiff or your complainant do not fall under any of the following requirements:

·         The victim is your spouse/former spouse           

Victims of domestic violence who fall under this category should be 18 years old and above. It could also be an emancipated minor. The victim could also share a child with you or both of you are expecting a child.

·         The victim is a household member or a former household member       

Aside from spousal relationships, domestic violence could also happen between a parent and a daughter/son. A house helper could also become a domestic violence victim especially if they are staying in the place of the accused.

·         You and the victim are in a dating relationship 

Most domestic violence cases happen between a man and a woman. So whether they are married or not, it is still possible for domestic violence to occur in this type of relationship.

These are just a few examples of some jurisdictional factors that a judge considers to make sure that a certain case is in fact under domestic violence. 

If you are looking for an experienced lawyer that specializes in domestic violence and other criminal cases in Las Vegas, look no further. Atty. Ross C. Goodman is one of the best lawyers in his field. If you need his services, just call (702) 383 – 5088 or visit his office at 520 South 4th Street Las Vegas, NV 89101.

Power and Control in Domestic Violence

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Power and Control Wheel

The power and control wheel was developed in 1982 by the Domestic Abuse Program in Minneapolis to explain the nature of abuse, to delineate the forms of abuse used to control another person, and to educate people with the goal of stopping violence. (source: Wikipedia)

Why does a person choose to abuse?
Basically, a person chooses to abuse someone for power and control.  By using different strategies, an abuser is able to gain and maintain control over a victim.

Here are some ways on how power and control is used in domestic violence:

Emotional Abuse
This is also known as psychological abuse or “chronic verbal aggression” by researchers. 

Common examples:
·         Improper name calling
·         Constant criticism
·         Belittling the victim’s abilities and competency
·         Jealousy
·         Accusations of imagined affairs
·         Insults
·         Withholding affection
·         Putdowns
·         Silent treatment
·         Threats to friends/family
·         Public humiliation
·         Manipulating the victim’s feelings and emotions to induce guilt
·         Blaming the victim for the abuse
·         Verbally abusing the victim
·         Threatening to “out” partners in the GLBT community
·         Subverting a partner’s relationship with the children
·         Repeatedly making and breaking promises.

Physical Abuse
This is defined as the use of physical force that may result in bodily injury, physical pain, or impairment.

·         Hitting
·         Grabbing
·         Smacking
·         Pinching
·         Kicking
·         Shoving
·         Biting
·         Slapping
·         Burning
·         Arm-twisting
·         Pushing
·         Punching
·         Restraining from leaving a room/house
·         Hitting or threats with objects or weapon
·         Strangulation
·         Stabbing
·         Shooting. 

Sexual Abuse
This involves attempting to coerce any sexual contact without the consent of the victim.

·         Marital rape
·         Acquaintance rape
·         Forced prostitution
·         Forced sex after physical beating
·         Criticizing sexual performance
·         Unwanted sexual acts
·         Forcing unprotected sex/pregnancy
·         Fondling
·         Sodomy
·         Sex outside the relationship – putting the victim at risk for disease.

Financial Abuse
This involves misuse of a person’s money, property or assets through theft or fraud.

·         Having total control over the victim’s earned income
·         Having total control over victim’s public assistance or social security
·         Being forced to work
·         Having no access to money
·         Being given an allowance
·         Forbidding attendance at school
·         Forbidding employment
·         Not having any say in how the money is spent
·         Having to beg or ask for more money
·         Forced welfare fraud
·         Withholding information about family running up bills for which the victim is responsible for payment, having to do favors for money.

Are you accused of being responsible to any of these forms of abuse? Hire a domestic violence attorney right away! Atty. Ross C. Goodman is one of the most prominent and the most experienced Las Vegas domestic violence lawyers.  Call him at (702) 383-5088 or visit his office for a free legal consultation.