Some reminders for Christmas

Happy Holidays every one, I’m here to remind all of you that even if Christmas Day is looming next week to please stay safe. The holidays are always hectic, and you can still get in trouble even if you’re just shopping. Just take a look at some of the extreme cases of Black Friday shenanigans - definitely not a nice way to start the holidays indeed.

Always keep your guard up, certain crimes like assault, burglary, theft, and general disorderly behavior have been observed to rise during the holidays. For a fun and safe holiday for the whole family, keep these reminders in mind.

Be responsible when drinking

Festivities and alcohol might be a combination that makes sense, but it’s not if it lands you in jail. Again, do not drink and drive because it can be fatal, unless you have someone to take you home safely. The police also do not appreciate disturbances brought by alcohol, and they do not care if it’s the holidays because they’ll arrest you just the same.

Secure the house at all times

Before going to sleep every night and before leaving the house alone, make sure that all doors and windows are locked tight.

When leaving the house for a long time, get someone to watch over it for you

You don’t want your holidays to end up in a sad note when you see that your house has been broken into. Find neighbors or friends willing to watch them for you while you are away, and tell them how long you are planning to be away.

Put presents under the Christmas tree only on Christmas Day

Presents are very tempting targets to burglars, particularly gifts under the tree. That’s why it’s best to leave them empty until Christmas arrives. It’s also wise to avoid leaving presents in the car, not only will you lose those presents, but you might lose the car too.

Let there be light at Christmas time

If you’re not doing it already, lighting up your whole home can discourage robbers from entering it. Using timed switches also ensures that your light will periodically turn on even when you’re away.

Know who your visitors and callers are

The holidays are also rife with scammers. Always have some suspicion for anyone you are not expecting to visit. The same goes for callers, though it helps if you have caller ID.

 Be careful when shopping online

Again, scammers take a lot of people advantage whenever the holidays arrive. Make sure that you know that your payment method (credit cards rather than debit cards) is secure and your contact is legitimate. Be very careful when giving out personal information.

Of Men's Rights and Law

For the longest time, men have been getting the short end of the stick when the law should be fair to everyone.

For starters, men in general will be imprisoned longer, and receive harsher penalties for the same crime when compared to women. Lighter sentences are handed out to women, often through probation or suspended sentence, sometimes not even receiving a sentence at all. And yes, when imprisoned, they have better chances and have a shorter duration when getting a parole.

Domestic violence cases are especially tricky. When someone calls the police because of an alleged domestic violence crime, someone has to spend a night in jail, even if the caller was a male victim. This should be against the presumption of innocence, yet it still happens.

While domestic violence cases are already bad enough, rape cases are even worse for men. People are more inclined to believe the woman rather than the man when in rape cases, even if the man is innocent. Even if they are victim, it is still equally bad. If the victim is male, most people will treat him with ridicule or claim that he was lucky for “getting some”. The judge or the jury may also have this same mindset, as evidenced by many cases when the woman rapist got off scot-free or a slap on the wrist.

False rape claims are rising because they only receive nominal punishments, while he spends his days in jail, or have to pay ridiculous fees.

And of course, there's paying child support and/or alimony. It may not be related to criminal defense, but it still is a huge problem in the US, with women still taking advantage of getting payment even if they she has the higher income, or just to ruin or give the man a bad reputation. And yet, when he can’t pay, again, he gets sent to jail.

All of this are happening even in the state of Nevada. As a criminal defense lawyer in Las Vegas, I sincerely hope that domestic abuse laws will continue to improve in the future, and treat men and women the same just as anyone else.

Additional reading:

• Woman who cried wolf about rape may have to face her victim in court
• 4On Your Side investigates traffic stop nightmare
• How to Ruin a Man’s Life over $13

Thanksgiving & DUIs

Drunk driving and driving while intoxicated are seen to be more frequent during holidays. Amazingly, Thankgiving Eve DUIs have been neck to neck with New Year`s Eve DUIs in the last few years.  Bars owners, Liquor stores and establishments have struck some light into this, According To the Wall Street Journal (Source), liquor selling establishments confirm that there is a lot of alcohol being sold on Thanksgiving especially with the younger crowd where this holiday has now started to be about being popular and to be seen in certain known areas in the cities and towns.

Here are some astonishing facts:

The National Institute on Alcohol Abuse and Alcoholism say that there is likelihood of 2 or even 3 times more death related Drunk Driving and DUIs on holidays like Thanksgiving Eve and New Years Eve.

The Centers for Disease Control and Prevention estimate that between Thanksgiving, Christmas and New Years,  over 12,000 people will be killed and about 25,000 injuries will take place directly related to alcohol. This is a huge number and is it rising?

This DUI blog creates a form of solution to this problem, where past offenders or Alcohol abusers are asked to especially maintain Sober on the holidays. Everyone feels that alcohol goes perfectly with holidays but that should really not be the case. These are the days when you need to watch out even more Drunk Drivers and to go very moderately on any liquor that is passed or served between family and friends.

Even though it's my job as a criminal defense attorney to defend my clients, everyone, please stay safe during Thanksgiving or any holiday for that matter.

Why do we have Criminal Defense Laws?

According to the laws made by our founding fathers and after numerous civil revolutions and laws and bill ramifications, we know that every US citizen has a right to defend themselves from accusations of crime. The law looks for justifiable proof that indeed a crime has been committed by looking at physical evidence. The law permits that everyone is innocent until proven guilty.

So why do we have these laws? These laws are meant to protect ourselves from being severely penalized for actions that may not have been committed. These laws give everyone a legal base for defending themselves in court. In the past, many innocent people have been tried arbitrarily and they have suffered due to not having a legal process affected by the government.  A person could be lynched or thrown in prison due to “hear-say” and circumstantial evidence.  There was a time when religious or political leaders often disregarded a person’s right to defend themselves and guilt was decided almost randomly.

If there were no criminal laws that allowed a person to defend them, the fabric of society, what it stands for and even its own definition would fall and civilization as we know it would come to a halt.

Criminal defense laws are an integral part of the constitution where everyone has the right to remain free of charge unless physical evidence can be used to prove guilt of the person. Often, these laws are meant not only to provide black and white answers like guilt or innocence only but they are also observed to see that if there was a crime committed  - how much of it was deliberate or planned.  Sometimes crime is committed due to negligence, or simply due to bad circumstance.

This is how a court decides whether the crime, if committed, is a felony or a misdemeanor and how sentencing or judgement should be passed.  Not all charged are guilty and not all crime is deliberate and everyone needs to be able to tell their share of the incident. 

This is how the constitution and the laws protect us, by allowing persons to have their side to the story heard by the courts.  This is the basis of Criminal Defense and it is applicable to everyone who is charged with Homicide, DUI/DWI, domestic abuse, Juvenile crime, Sex offenses, Burglary and theft and more.. 

Please contact a criminal defense attorney if you need any help in your case.

Domestic Violence Crimes

Domestic Violence Crimes

Unfortunately crimes happen at home, in a family and close relationship setting. 

Here are some chilling facts: 

40-70% of women related homicides are directly caused by someone they are intimate with. 

While countries like Bangladesh, Peru, Tanzania and Ethiopia showed signs that the violence was almost close to 50% of female members, The UK and US were close to about 30% and 22% respectively.

In the US, women in a household of larger income brackets are subject to domestic violence much less than those who are not doing very well. The age of women subject to this in the US are usually 16-24yr olds. 

(source:http://www.overcomingviolence.org/en/resources/campaigns/women-against-violence/week-6-stories-from-around-the-/domestic-violence-facts.html)

All domestic violence acts are manifestations of the accused trying to dominate and have more power over the other person and it could be sexual, physical and verbal. 

Throughout the years, parents, husbands, cargeivers, caretakes and who have you been involved in violence at home. Many customs in some countries were acceptable. 

Here are a few types of violence that goes beyond just battery or physical assault. 

Acid throwing - done by a jealous partner, especially seen and heard of in Asia and in the Middle east.

Dowry deaths and Bride burning - prevalent social problem in parts of Asia especially India where the family compels the bride to suicide through persistent humiliation in order to extort dowry money. 

Honor killing - Justification of killing someone who brings dishonor to the family name. 

Marital rape - forced and coerced sex with unwilling spouse.

Foot Binding - painful binding of feet of young girls by parents to make them grow smaller. 

(http://en.wikipedia.org/wiki/Outline_of_domestic_violence)

In Nevada, there have been much debate about the actual figures of domestic violence but Nevada has been a hot zone for this kind of crime. Read more here.

The truth is that this crime is out there and most often goes unnoticed.  You can find out more about the statutes, penalties and legal definition of domestic abuse here.  If you are in Las Vegas, Henderson and surrounding areas in Clark County, you need to know what the law says about the victim and to the aggressor.

If you need legal help :
Contact Attorney Ross Goodman
Criminal Defense Lawyer
520 South 4th Street, Las Vegas, NV 89101-6593
Phone: (702) 383-5088 / Fax: (702) 385-5088

Zero Tolerance Laws, Zero Sense

Protecting the children is part of any good parent's job, and to that extent, it's also the school's duty to look after and nurture them as their second home. But sometimes, the rules just make no sense at all, which I feel has been plaguing America as of late. Take this case in Brooklyn for example. Here's a short summary for those who didn't read it:

Erin was called up by a drunk friend of hers at a party to drunk to drive. She arrived to pick her friend up after work, but moments after the police arrived and started arresting several students for possessing alcohol, including Erin. She was cleared later on by the police, agreeing that she had not been drinking, smoking or using any drugs. But Andover High tells her that she has violated the district's zero tolerance policy. During the middle of her senior year, she was demoted from captain of the volleyball team and suspended from playing for five games.

I'd say that's taking it a little too far, being punished without participating in the party in the first place. There was no drinking involved, much less driving under the influence. She was even the designated driver for her friend. Sadly, this is just one of the many stories that pop up all over the Internet about authorities in schools punishing students for doing nothing, or in this case, doing the right thing. What kind of message does this give to them?

Just remember that if this happens to you, get the help of a defense attorney immediately. Don't let them take advantage of the law, and fight.


Resource:
http://boston.cbslocal.com/2013/10/13/north-andover-high-punishes-teen-for-giving-drunken-pal-ride-home-from-party/

DUI SCHOOLS IN NEVADA

DUI SCHOOLS IN NEVADA

DUI or Drunk Driving is unfortunately a fact of life that just seems to happen no matter where you are.  No matter how much legal or civil policies are made, there just seems to be that person who takes a little too much and endangers himself or someone else.

Just like with crime, we really can have a better and developed society without crime in the streets and neighborhoods but we do know one thing for sure - that although it may be controlled to some level, we will never see the end of it.

This applies to DUI - all we can do as a part of society is try and control it and do our part -- even in simple ways like being a designated driver for someone who cannot drive back home or encouraging someone to take it easy on the booze...

but these things do happen and when they do there can be harsh sentencing and if the DUI is not major, a lot can be achieved through DUI classes.

These lessons and classes can be given  during sentencing and usually required in the state of Nevada for DUI. The main objective is to be able to "Reduce Risk" by making drunk drivers understand the consequences of their actions, how they can be safe and keep others safe in the area..

Here are a few DUI schools in Nevada especially Clark County and Las Vegas areas..

Las Vegas DUI Schools

Clark County Court Education Program

Northwest Traffic School

City Of Las Vegas First Offender DUI Program 
200 Lewis Ave
Las Vegas NV 89155

ABC Therapy  - (702) 598-2020

Cornerstone DUI School 

North Las Vegas DUI Schools

City Of North Las Vegas Alcohol & Substance Abuse Prevention (702) 633-1130

Smart Choices (702) 609-1705

Henderson DUI Schools

ABC Therapy 
Diagnosticare, Inc 
Highway Alcohol Awareness Program 

For more information on DUI sentencing, BAC Calculation and other important DUI related information, you can look it up in my DUI/DWI defense page. 

How much do you know about DUI in Nevada?

How much do you know about DUI penalties in Nevada?

DUI is regarded as a misdemeanor, for most cases in Nevada. But other factors of DUI cases have to be brought to light before sentencing or punishment is given.  These factors are if there was any harm afflicted on any other persons than the accused – also if the DUI was a repeat case.  There are many cases where sentencing gets hard on those who have been on DUI cases more than once.

The usual sentencing for a first time DUI would be imprisonment of 48 hours onwards depending on the nature and complexity of the case or 24 - 96 hours of community hours and upwards.  You could be sent to Nevada DUI school on your own expense. Fines can be expected between the amounts of  $400 - $900 with $600 being the most imposed fine in Nevada.  You could also look at 90 days or 3 months drivers license suspension.

DUI SOURCE : 

Mothers Against Drunk Driving

Clark County Courts in Nevada

DWI Attorney in Las Vegas

The SECOND DUI within 7 years of the FIRST DUI : 10 days to 6 months in Jail depending on the case, you can look at fines of $750 - $1,000 plus any additional court expenses.  Suspension of 1 yr driving license. You can also be looking at 100-200 hours of community service time.

A THIRD DUI offense within 7 years of the FIRST DUI : 1 to 6 years of imprisonment possibilities, fines can be from $2k - $5k, you can also be looking at a 3 year drivers license cancellation.

DUI and Death in Nevada :

Three DUIs and homicide brings a serious Category A felony ( 25 years in Prison ) but with possibility of parole after 10 years.

A Category B felony usually is sentenced to 2 years – 20 years, when there is bodily harm or death. 

Do Holidays and Weekends Really Produce More DUI News?

Its the holiday time again and once more, people take to enjoying one too many drinks, or simply may not be focused on what they usually do daily and so some unusual patterns seem to come to play.

Over the Labor Holiday weekend, lets see what has taken place :-

Loved ones mourn 23-year-old killed in suspected DUI crash

A 23 yr old male,  in a tragic accident involved him dying at the spot, whereas the driver was taken to a hospital for hip reconstruction surgery. Reportedly, the car hit a brick wall while speeding in an intersection. 

Speed, alcohol suspected in deadly crash

A woman also hit a brick wall near Lake Mead, and the police suspect DUI and having no seatbelt on during the incidence to be the cause of death. 

Henderson Police make 4 DUI arrests at sobriety checkpoint

4 Dui arrests and 5 motorists with Drug related charges.. 

Police departments set up weekend DUI checkpoints

The police know all too well that there is a darker side to celebrations! 

Reno man, 21, arrested on DUI charge in I-80 crash

So far in this year, we have had 35 fatalities in  Nevada Roadways in 2013. 66/259 in 2012 died on Nevada roadways due to alcohol related motor accidents. 

I think the message is clear. DUI and holidays are synonymous and its wiser to be on guard especially on these days.

Message from Ross Goodman, a drunk driving defense lawyer in Las Vegas. 

The Elements of the Crime

Set in a typical background of normal living hides the bleak truth about crimes: it lurks everywhere and victimizes almost everyone it encounters. It hides itself as a seemingly random action until the final stroke of deceit and harm landed on the unknown victim. There is one problem though: the concept of how to define crime often varies from the interpretation of the victim him/herself.

How Much Lawyers Charge?

The most common question, probably, that a client asks to his criminal defense attorney in Las Vegas is how much the lawyer’s involvement to the case is going to cost. Because the cost of each lawyer varies, I made an overview to address this question.

Drunk Driving and How It Affects Lives

Posted on Behalf of Attorney Ross Goodman 

Jacqueline Saburido before the accident

     

  An advocate speaker against drunk driving, Venezuelan Jacqueline Saburido has been a known spokeswoman in the U.S. after meeting an accident that completely changed her life.

Summer May Be The Most Dangerous Time Of The Year

Posted on Behalf of Attorney Ross Goodman 

There is always something positive about summer: the playful sun to warm our skin, the inviting beaches to cool our bodies and the clear weather enabling us to wear thinly and still be comfortable with it. As it officially opened last Friday, people are now taking advantage of the blissful warmth of the sun—a barbeque under the shed of palm tree, a family gathering with the kids bathing on the beach and a bunch of alcohol to drown the stress. Oh, alcohol: that you should reconsider.

The Most Common Offences in America

Posted on Behalf of Attorney Ross Goodman for Criminal Defense

In every major city, much like Las Vegas, crimes are most consistent in terms of plaguing both the people and the government. It is the society’s cancer that slowly creeps on its roads and instills fear on everyone.

Manslaughter vs. Murder

Posted on Behalf of Attorney Ross Goodman for Criminal Defense

Back in the 7^th century, an Athenian lawmaker named Draco made the very first distinction between murder and manslaughter for the Ancient Greece. Ancient Greece before lived in a time where the privileged were the only ones allowed to create rules. Athenians then elected him to the first legislator and he replaced, during his time, the oral laws and turned them into written laws for all the public to see.

Judging the Innocent

Posted on Behalf of Attorney Ross Goodman for Criminal Defense

If a person is arrested, that person has the choice to either talk and tell the truth or to remain silent. By stating that they’ll remain resilient against the accusation, the accused clearly desires not to answer any question until their legal representative is about. Supported by the Fifth Amendment Rights, the police cannot insist his/her questions without violating the law.

Confusion on Traffic Signs

Posted on Behalf of Attorney Ross Goodman for DUI/DWI Defense


Traffic signs are strategically placed to assist, warn and/or to inform the public regarding the road condition they’re about to take. Confusing as they seem, it is our part to recognize them correctly and of course, follow them. By observing these signs carefully, car accidents are can be avoided.

Types Of Domestic Violence

Posted on Behalf of Attorney Ross Goodman for Family Abuse

Perhaps unknown to some, domestic violence does not take the single form of physically abusing someone with force. No: the law itself defines it to be deeper than that. Its common denominator, however, is the abuser’s need to take control over someone else’s life.

The law of the United States itself prohibits this action regardless of your demography. The sad part though is some of its case can go unmonitored until a concerned citizen decides to notify the legal parties about it.

Domestic violence affects people of all sorts of life which makes it possible to classify and differentiate it common forms.

Extradition Case in Las Vegas

We have Hollywood to thank for the public notion that running away from the law can actually do something good. Well, even if you ask every criminal defense lawyer about it, running from the crime you committed will actually cause you a whole lot of trouble.

Insanity Plea And Criminal Defense

Here’s the story: Imagine you were halted on the road because you were drunk. Obviously, the police officer’s going to charge you DUI for that, a serious offense here in Las Vegas. While the police officer’s preparing the proper procedures to detain you, you thought something funny and cool, and maybe an easy escape from the mess you’d gotten yourself into. You let them take you the police station and started acting stupid and crazy. You were planning to plead for insanity defense.

Prescription Drugs = DUI Charges?

Posted on Behalf of Attorney Ross Goodman for Criminal Defense

In Las Vegas, driving under the influence of illegal drugs or alcoholic beverages can get you some serious trouble. It is such strong violation that there are cases when it escalates from a simple misdemeanor into a severe felony. DUI charges in Las Vegas are quite harsh as compared to the other states because conviction normally leads in a one year to six years of imprisonment. Of course, not to forgot the suspension of the driver’s license, fines, penalties, community services and possible rehabilitation. Not so cool, huh? So consult a DUI defense attorney if you are charged with DUI. This is to lessen the charges against you.

The Texas College Stabbing and the Sandy Hook Shooting

Posted on Behalf of Attorney Ross Goodman for Criminal Defense

Before the year 2012 even closed itself, the world was shook by a shooting incident in Newtown, Connecticut that took the lives of 26 people—20 of them children. The incident started when a heavily armed man walked inside the Sandy Hook Elementary School and opened fire aimlessly. Enforcers, within minutes, were in the scene and handled the situation leaving a sad number of dead including the elementary school’s principal, Dawn Hochsprung, the school psychologist, Mary Sherlach, and the shooter himself, Adam Lanza.

The Sandy Hook shooting incident is considered by some as one of our country’s worst after the VirginiaTech Massacre in 2007. The incident produced such an emotional scene with crying children running towards the parking lot in search for their frightened parents. To the parents who saw their children crying, it was a bittersweet relief that means their children were safe, to some, it was an excruciating puzzle that heightens their panic.

Driving Drunk and DUI

One of the most common misconception about DUI is it’s painfully mis-association to drunk driving. If you only had a few drinks and can still see the road with a little blur, it is okay; the police officer is unlikely to charge you with anything anyway. This is where it gets wrong. Obviously, alcoholic drinks mess up your nervous system hindering you to think straight and act properly. Remember, drinking little doesn't equate the idea of causing an accident to little; let alone if  you are a hardcore drinker. Regardless of the amount, the possibility of causing an accident tantamount when alcoholic drinks are involve. You cannot just prevent road accidents because you had a little drink.

Avoid Police Brutality Through Cooperation

Posted on Behalf of Attorney Ross Goodman for Criminal Defense

A person arrested is still entitled to be treated in a very humane way possible. Whether the arrestee is already proven guilty or not, police enforcers are expected to minimize the physical amount of force needed to contain a person or situation. However, there are cases where police enforcers use wanton force as a wrong way to intimidate a person.

By definition, police brutality is the use of excessive force that can either be in the form of psychological intimidation, abuse, police misconduct, false arrest, and police corruption that violates the civilian's rights. In United States, police brutality is not tolerable and is subject to the Fifth and Fourth Amendments of the Bill of Rights Law.

DUI Slipups You Should Avoid

Many people have misconceptions of DUI chargers, and in that effect tend to underestimate the seriousness of DUI convictions.

Driving under the influence is a very serious charge and may carry severe penalties and with that, life changing consequences if you are convicted.