Tuesday, December 11, 2018

Blood Alcohol Concentration and DUI Arrests in Nevada

In DUI cases, blood alcohol concentration (BAC) is often the deciding factor which can lead to an arrest. BAC levels are not always apparent and can only be determined through a series of tests, like breathalyzer exams or blood and urine tests. In Nevada, BAC limits are set at 0.02% for drivers below 21 years, 0.04% for commercial drivers, and 0.08% for everybody else.

While alcohol in the bloodstream has a direct influence on a person's BAC, there are many factors that can affect its value. Some may not be directly related to alcohol, but rather to the act of alcohol consumption instead. These factors include the following:

  • Different body types react to alcohol consumption in varying ways.
  • Age can determine whether a person gets drunk faster or slower.
  • Gender differences are present, although some exceptions will abound.
  • How a person drinks and how fast they consume their alcohol should be considered.
  • A lack of food can lead to earlier intoxication.
  • Drinking while taking medications can exacerbate the negative effects of both substances.
  • Emotional issues can affect how a body absorbs alcohol.
Taking these factors into account, one can still be arrested for DUI in Las Vegas because of mistakes committed during the arrest. A number of common defenses employed against a DUI charge here include:

  • the accused was entrapped
  • the breathalyzer test was performed improperly
  • accused was improperly flagged down
  • accused was intoxicated involuntarily
  • accused was driving drunk but under duress/necessity
Knowing these factors and defense scenarios can spell the difference between a wrongful conviction and an acquittal for DUI.

Monday, December 10, 2018

Defending Against a Domestic Violence Arrest in Las Vegas

Nevada has the rather dubious distinction of being the top state for domestic violence fatalities in recent years. Oftentimes, these fatalities happen during petty arguments between couples or partners, and the number of incidents caused by people known to the victim can be sobering. As such, the state maintains a comprehensive campaign against domestic crimes.

Of course, this stepped-up campaign against domestic violence can also lead to some miscarriages of justice. False arrests for domestic violence in Las Vegas are a common occurrence, and is a major detriment to the conviction of actual guilty parties. As such, local criminal defense attorneys often provide defense recommendations on how to avoid being convicted on a domestic violence charge:

  • claim an unethical arrest took place
  • cite a lack of evidence for the arrest
  • plaintiff was drunk or not in the right state of mind at the time of the crime
  • call up witnesses that can testify of the plaintiff's absence during the time of the crime
  • state that the incident was an act of self-defense and any severe injuries were accidental
  • gather and study key pieces of evidence that can be used to prevent a conviction from happening, if the case goes to trial
Knowing the key defense strategies against a domestic violence conviction can spell the difference between an acquittal and severe penalties.

Friday, December 7, 2018

On Tampering with Evidence

In a criminal trial, a key factor that determines the accused person's guilt or innocence will always be the evidence. Evidence give a clear picture of how the events of a crime transpired, and with enough weight, even a single insignificant piece (like a lock of hair or bread crumbs left on a table) can be enough to convict a person.

The importance of evidence cannot be emphasized enough. This is why tampering with the evidence is an act of serious concern for both prosecutors and defense lawyers; even the slightest alteration could change the narrative of the crime and can lead to a false conviction, or the real culprit walking free.

There are many ways evidence can be tampered with. Such methods include:

  • presenting false evidence, or evidence that is not related to the crime at hand
  • destroying evidence
  • substituting false items for actual evidence at the scene of the crime
  • purposeful hindering of access to evidence
  • threatening witnesses to alter or withhold their testimony

Tampering with evidence is a punishable offence. In Nevada law, it can lead to a category C or category D felony charge.

Know the importance of evidence in criminal defense trials. Talk with a seasoned criminal defense lawyer for more details.

Open and Concealed Carry Limitations in Las Vegas

Nevada has always been an open-carry state. Legal gun owners can openly bring their firearms to public places without needing major licenses, provided they follow local guidelines and do not attempt to use their weapons unscrupulously. Recent shooting incidents have laid a clout on Las Vegas' open and concealed carry laws, however. It is a good time to refresh readers about the limitations of gun carry laws in the State.

Remember that despite Nevada's open-carry freedoms, local establishments can still opt to disallow anyone openly carrying a firearm into their premises. In some cases, they would have to be frisked first and have their weapons surrendered at a door before they can be allowed through.

Locations that outright disallow gun carrying include:

  • schools
  • airports
  • places of worship
  • health care facilities
  • courthouses
  • correctional facilities
  • law enforcement establishments
On top of these restrictions, people seeking to conceal carry will need to seek a comprehensive permit before they can do so. This will involve taking part in a comprehensive concealed carry handling certification, appropriate application forms, and a proof of residency. A fee of $96 is often required to pay for the application.

Thursday, December 6, 2018

DUI-Related Acts that Lead to Arrests in Las Vegas

Driving under the influence is a serious and pervasive problem in big and affluent cities like Las Vegas. The prevalence of large social establishments that offer copious amounts of alcohol combined with a substantial number of people with private vehicles often leads to spikes in DUI-related incidents, especially around the holidays. Drug use while behind the wheel is not unheard of, either.

If you're planning to spend your holidays in Las Vegas this season and don't want to end up running into some legal trouble while you're at it, take note of the various DUI-related offenses that can get you arrested in Las Vegas:

  • driving a vehicle while drunk
  • found drunk within 2 hours after driving
  • driving drugged
  • driving while drunk and drugged
  • committing a vehicular homicide while under the influence
Keep these offenses in mind before taking a trip down to Las Vegas. Don't forget to seek the help of a trusted Las Vegas DUI lawyer if you ever get accused of any DUI-related offenses.

Wednesday, December 6, 2017

About Rehabilitation of Domestic Violence Perpetrators

There are always two sides to every domestic violence case: the victim’s and the perpetrator’s. Most often, during legal proceedings, victims are rehabilitated to cope with the trauma and recover eventually.

But what about the perpetrators? Are they qualified for such amenity?

The fact that perpetrators can undergo rehabilitation and actually change from their violent ways has been a subject of debate in the legal industry, particularly among Las Vegas domestic violence attorneys, and even in the entire state of Nevada where a certain Batterer’s Intervention Program exists. Nevada’s Committee on Domestic Violence coordinates, tracks, and handles these rehabilitation programs for perpetrators in line with NRS 228.470 and NAC Chapter 228.

The Fundamentals of the Intervention

According to the State of Nevada’s Batterer Treatment Standards, an intervention for domestic violence perpetrators consists of “a variety of theories, modalities and techniques”. A domestic violence perpetrator is considered different from other violent offenders and should be treated using a different approach.

The primary aim of an intervention is to put an end to the violence and prevent recidivism or the repetition of the criminal act of the convicted. Looking profoundly into it, a treatment program aims to build compassion for the perpetrators and make them recognize that their behavior is negative and entails consequences like incarceration.

Rehabilitation for domestic violence perpetrators is still relatively new, but with the desire to eliminate the root of violence which is in the perpetrator, the community and the legal system are pushing hard for its implementation. Currently, there are different rehabilitation programs available which cater to different people, regardless of gender, age and, social standing.

How Does Perpetrator Treatment Work?

Domestic violence perpetrators can enlist themselves voluntarily for a program, but 80% of attendees are involved because of a court order. An intervention is done during the accused’s probation.

Through the State’s sponsorship, the treatment ensues within a running date of more than 24 weeks, while the shortest time is 12 weeks.

During a treatment, therapists use different program models as a syllabus for a perpetrator’s road to enlightenment. These are the following:

The Duluth Model

This philosophy focuses on dominance and force. It lets the perpetrators realize that they are accountable for their violent behavior.

The Feminist Socio-Political Theory

This model denotes that the violence of a male perpetrator is due to a mind-set of gender inequality. The Feminist Socio-Political Theory aims to teach to male perpetrators that genders are equal.

The Cognitive Behavior Therapy

From the name itself, the cognitive is tapped upon the use of this model. The mind is a powerful force and therapists use this to develop ways of thinking that will eventually manifest on actions.

Psycho Educational Model

This approach utilizes education to treat a perpetrator through tangible means like worksheets, visualizations, and activities.

The Effectiveness of the Program

Just like any other forms of therapy, the effectiveness of a rehabilitation program for a perpetrator varies. There are numerous studies that show its increased effectiveness, while there are also opposed findings.

It’s essential to understand the side of a perpetrator in a domestic violence case, no matter how appalling it may seem. Intervention programs for domestic violence perpetrators exist because of one reason: the hope that an individual can improve.

If you want to know more about rehabilitation for domestic violence perpetrators, get in touch today with Ross Goodman, the trusted domestic violence attorney in Las Vegas, Nevada! 

Thursday, October 26, 2017

The Battered Woman Syndrome

Regarded as a psychological disorder especially on legal proceedings, the Battered Woman Syndrome is a theory developed in 1970 by psychologist Lenore Walker, and is associated with Post Traumatic Stress Disorder or PTSD.

This mental health disorder develops on a woman who is a victim of abuse and has developed a “learned helplessness” or the mind-set that she cannot fight and get out of the abusive relationship.

Most often, the victim will want to stay with her abuser in hopes that she won’t be abused again, continually strengthening her syndrome. The woman deliberately denies the act of violence perpetrated by her partner and simply dismisses it as something inevitable. She’ll eventually reconsider and conclude that there’s a problem but will blame herself for it. This is a dangerous disorder that puts a woman’s life and everyone around her at risk.

Las Vegas ranks as one of the top cities with a staggering rate of domestic violence in which a woman was killed, largely due to the syndrome. So the community, which is composed primarily of medical specialists and attorneys, is doing its best to help victims overcome Battered Woman Syndrome.

The Cycle

A Battered Woman Syndrome is formed due to the actions carried out both by the woman and her abuser. Basically, it starts with an abuser performing diminutive deeds that eventually escalate to a full-fledged act of violence that can be physical, emotional, or psychological in form. When the tension calms down, the abuser goes on great lengths to atone for the act. The woman eventually forgives her abuser and the cycle starts again.

Simply put, due to the perpetual cycle, the woman creates a wrong viewpoint that the abuse is only natural and as usual, things will be amended. Victims of abuse also build up guilt, believing that they’re at fault, prompting them to be passive about the abuse and accept it a sign of their penance.

Diagnosing a Battered Woman Syndrome

There are many ways to spot a woman who is a victim of abuse and experiences the Battered Woman Syndrome. One clear sign is depression, however this can be easily concealed. Another sign which is easier to spot is the agitation of the woman with a Battered Woman Syndrome when her abusive partner is around. Women with Battered Woman Syndrome also usually turn to alcohol or other types of substance abuse for means of subconscious escape.

If you suspect that someone is experiencing a Battered Woman Syndrome, talk to them without the presence of the supposed abuser. If she takes the blame for the whole act or if she believes that nothing is going to help her from her abuser, then she most certainly is experiencing the Battered Woman Syndrome.

When in front of professional help, a woman with Battered Woman Syndrome needs to be assured by the prober that she isn’t at fault no matter what she did to provoke her abuser, and that it’s for her own self-preservation if she ever struck back. Additionally, there should be certain boundaries that need to be set, like not covering sensitive questions or not touching the woman at all.

Battered Woman Syndrome and the Law

The law recognizes Battered Woman Syndrome as a defense that can be used in court for women who were harmed or killed their abusers. The syndrome can help establish mitigating circumstances such as self-defense, provocation, insanity, and diminished responsibility.

There are numerous organizations that offer help for women with the syndrome, while the law enforcement is also on high alert regarding it. Therapy and case progress will help someone with a Battered Woman Syndrome get better.

Don’t wait until it’s too late. If you’re experiencing anything that has been mentioned above, or if you know someone who does, hurry and seek the aid of a trusted domestic violence attorney in Las Vegas like Ross Goodman now!