Tuesday, March 19, 2019

What Involves a Drug Paraphernalia Possession Charge in Nevada

Aside from drug possession charges, you can also be booked for owning and using the devices needed to create, propagate, or consume them. This is called possession of drug paraphernalia in Las Vegas. Drug possession cases are rife in Nevada and it is almost always a given that paraphernalia possession charges are also listed. What involves a drug paraphernalia possession charge in Nevada is not entirely complicated, but it helps to know the details involved so that you will know how to defend yourself if you ever are accused of such a crime in Las Vegas.
  • State laws define drug paraphernalia as equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.
  • It does not matter if you do not have drugs on hand when arrested, as long as you have the paraphernalia in your possession.
  • Conviction for possession of drug paraphernalia is affected by other factors, including
    • statement by the owner/s or previous user/s of the item/s
    • prior convictions of the owner or user
    • proximity of the object to the person of interest
    • presence of residue of any controlled substance on the object
    • direct or circumstantial evidence regarding the owner's/user's intent
    • manner in which the object was displayed
    • expert testimony concerning its use
There are other factors regarding possession of drug paraphernalia that require further discussion. Talk to a reputable Las Vegas criminal defense lawyer to learn more.

Defending Against Charges of Domestic Violence Towards the Elderly in Nevada

When you are a close relative or primary caregiver for an elderly adult, you can automatically qualify as one of the primary suspects should it be discovered that the elderly individual has suffered or is suffering some sort of domestic violence. It can be hard to defend against charges of domestic violence towards the elderly in Nevada, but it can be done, especially with the help of a veteran Las Vegas defense attorney.

If you or someone you know is charged with such domestic violence accusations, the following defenses are the first to be recommended:

  • The injuries were received from an accident. Elderly people have less control over their bodies the older they get, and this makes them prone to accidents. Alternatively, they can also suffer serious injuries from ostensibly minor causes because of the same physical vulnerability.
  • The elderly person is mentally unstable, self-inflicted the injury, and blamed it on the accused. Older people are more prone to mood swings, sudden outbursts, and memory gaps, which can be exacerbated if the plaintiff is suffering from a mental condition like dementia.
  • There is not enough hard evidence to press the accused on the matter. The defense will have to argue effectively that any evidence gathered has no bearing on the case and does not implicate the accused
  • It was an act of self-defense. There might have been an intent to harm, or it was another case of dementia setting in, and the accused had to rely on instinct and fight back.

Tuesday, March 12, 2019

Penalties for Wildlife Crimes in Nevada

Nevada is serious about protecting the integrity of its diverse ecosystems. As such, the state maintains stringent requirements for handing out permits for big game hunting, land reclamation, tree cutting and the like. However, there are still gaps where exploitative individuals will go through to profit from Nevada's flora and fauna, leading to many wildlife crimes that have had a negative effect on the local environment.

To combat this threat, the state enforces equally strict laws that monitor and restrict poachers and similar criminals from exploiting the natural resources and wildlife. These laws also enact strict penalties for wildlife crimes in Nevada, a few of which are briefly described below.

  • killing of protected/endangered wildlife under forbidden conditions is equivalent to a category E felony and can equate to a maximum of one year in prison and a $5000 fine
  • obtaining a big game animal under forbidden conditions as a trophy can net a civil penalty ranging from $25 to $1000
  • hunting, trapping and fishing without a license is punishable by a $50 civil penalty
  • other minor wildlife crimes such as feeding animals without authorization can be charged as misdemeanor crimes, equivalent to a maximum of six months of jail time and between $50 and $5000
  • Cutting down trees or vandalizing plants in the wild are misdemeanor crimes and are punished with similar penalties

Defending Against an Out-of-State DUI Charge in Nevada

Out-of-state DUI charges can be a major inconvenience for anyone. Here you are, trying to enjoy the brief weekend off from work by going out of your home state, but while trying to immerse yourself in the Las Vegas nightlife, you get pulled over for suspected drunk driving. Not only do you have to deal with some rather stringent DUI penalties from somewhere you don't live in, but you'll also have to worry about a potential DUI case from your home state.

If you're a visitor to Las Vegas and you're facing a potential DUI conviction, you can get in touch with a Las Vegas DUI attorney who can offer help you out. He or she might offer the following ways of defending against an out-of-state DUI charge in Nevada.

  • error in the field sobriety test. Steps may have been skipped or done incorrectly.
  • you were involuntarily intoxicated, either by something you consumed or some medicine you took in a rush.
  • you are driving drunk under duress, like a sudden emergency where you were the only one capable of driving.
  • a police misconduct case where the apprehending officer was looking to extort on you
DUI will always be frowned upon and penalized—no matter what city you travel to. Always remember to watch your alcohol intake, and don't drink and drive, no matter what state you're in.

Wednesday, March 6, 2019

How to Defend Against Las Vegas Robbery Charges

Some people do not consider robbery charges to be very serious. However, even a relatively minor first-offense conviction can have some serious consequences on your personal and professional life down the line.

Because of the hastiness of this crime, victims of Las Vegas robbery can be confused about who actually robbed them. If you are around the area when the robbery happened, there is the possibility of you being falsely accused especially if you have the likeness of the robber or mistaken as involved with the robber in any way due to being in the wrong place at the wrong time.
You can defend yourself against a Las Vegas robbery charge by arguing any of the following:
  • You were mistaken as the robber
  • You are not in the place where and when the crime was committed
  • There is not enough proof to show that you are indeed the robber and you have strong pieces of evidence that it is not you
  • You did steal from the victim(s) but you did not use violence at all, rather you have pick-pocketed or taken money or property while they are away

Penalties for Domestic Violence with Child Abuse in Nevada

Domestic violence is never a comfortable topic to discuss. Things get worse if there is child abuse involved; instead of just inflicting injury on a spouse, now even the children get hurt physically, emotionally and mentally.

Nevada understands the negative effect of domestic violence and child abuse on a child's well-being. As such, it has laid a hefty set of penalties for domestic violence with child abuse in the state's revised statutes. Those penalties are discussed below.

  • Willfully abusing a child at 14 years of age and below, including physically hurting the child or willfully neglecting the child's needs, counts as a category A felony and can be meet with anything between a year and life in prison
  • If no substantial harm was done to the child, the offender is instead charged with a category B offense, and can face either of the following:
    • For first-time offenders, anywhere between a year and six years of jail time on top of fines and fees
    • For repeat offenders, between two to fifteen years minimum
  • Child abuse that results in the death of the child is upgraded to a first-degree murder charge and can net even more severe penalties for the offender

Wednesday, February 27, 2019

How Unpaid Casino Marker Cases Work in Nevada

Veteran gamblers use casino markers to make it easier to play without the need to bring huge wads of cash to the dealer every time. Often, however, people tend to forget to pay out their casino markers after an extended gaming session, and incur some hefty debts, or worse, an arrest. Here are how upaid marker cases work in Nevada after 30 days.

  • The casino will collect the payment directly from the debtor's bank account. All casino marker applications require the applicant to enter their bank account as proof that they can afford to pay off the marker they are done playing.
  • If the bank account has insufficient funds or has already expired, the casino will contact the debtor directly to inform them about the outstanding debt. They will receive a 10-day grace period to settle their account; otherwise, the casino will file a formal criminal complaint. The district attorney's office will then be the one to notify the debtor about his outstanding dues, and eventually be the one to collect on behalf of the casino. If this still fails, a warrant of arrest will be sent out.
  •  The debtor will now have to contend with both the debt and legal consequences. If the debt is below $250, it is a misdemeanor and only equates to some jail time and a sizable fine. If it is over $650, it is a class D felony and can translate into substantial prison time, a large fine, probation, and a negative criminal record. Note that this is made even worse if there was an intent to defraud the casino.