Sunday, October 26, 2014

Criminal Record Sealing in Nevada

Criminal records are public information. They can be easily accessed by anyone including government agencies, private companies and organizations. Criminal record sealing is a legal process done to conceal your legal charges from the database of criminal records in Nevada. All the details of the criminal proceedings will be treated as if they never happened.

Benefits of Criminal Record Sealing
                Criminal record sealing helps lessen the disadvantages of having a criminal record. This process returns your rights as a voter, your right to hold and keep an office, your right to become a panel on a jury and your right to have a clean criminal record for job opportunities. Therefore, when the person with a sealed criminal record applies for a job, he can write “no” to questions pertaining to criminal charges and convictions.

Reopening the Sealed Criminal Record
In Clark County Nevada, once sealed, the criminal information can never be reopened unless:
·         You petition the court to allow you review your own criminal record
·         You are subsequently arrested for the same violation or offense. Even if your case was dismissed before, it can still be reviewed by the latest prosecutor.
·         You were found guilty of the accusations. Prosecutors or those who are accused of the same offense may reopen your criminal record for reference.
·         An agency was given the permission by the court to inspect your criminal record for specific purposes such as issuing gaming licenses and the like.

“How can I be qualified for Criminal Record Sealing?”
                Every case is unique. If you have been acquitted, you may petition the court to seal your criminal record as soon as possible. If you were convicted of the charges, you may petition the court after a specific ‘waiting time’ and once you have been released from probation or after you have settled the fine required. The most serious felony cases require more or less 15 years of waiting time before the criminal record can be sealed. Within the said period of time, the person should not be arrested or accused of any offense except for minor traffic violations. However, even if you are eligible for criminal record sealing, the court is still “not obliged” to grant the process. It will always be on the discretion of the judge whether or not he will approve your petition.

Getting Help from a Criminal Defense Lawyer
                The good news is that a skilled and experienced criminal defense attorney like Ross Goodman can help you convince the court to grant the petition. You may also consult the defense lawyer if you are unsure whether or not your case is qualified for criminal record sealing. Call Ross at (702) 383 – 5088 for consultations.

Sunday, October 19, 2014

Penalties of Battery Domestic Violence in Nevada

Domestic violence happens when people deliberately commit “battery” against their cohabitants, former or current spouse/partners, or family. Battery means any willful and unlawful use of force or violence upon the person of another. Common examples of battery are pushing, any kind of hitting, burning, poisoning, strangling or any other type of unlawful force.
The penalties of battery domestic assault in Las Vegas depend on the case that a defendant is facing.

1st Offense Penalties
A first offense of battery domestic violence within seven years includes penalties of:
·         A fine of $200 to $1,000
·         Jail imprisonment of 2 days to 6 months
·         48 to 120 hours of community service
·         A counseling about domestic violence at the defendant’s cost, for a minimum of 1 ½ hours/week (for 6 to 12 months)

2nd Offense Penalties
A second battery domestic violence within seven years includes greater penalties than the 1st offense.
·         10 days up to 6 months jail detention
·         a fine of $500 to $1,000
·         For 6 to 12 months, a required attendance to a domestic violence counseling for a minimum of 1½ hours/week paid by the defendant
·         community service of 100 to 200 hours
The first and second offense penalties are considered as misdemeanor provided that no deadly weapons, strangulation or any substantial bodily harm was involved.

3rd Offense Penalties
The third offense penalties within the seven year period fall under the category C felony in Nevada law.
·         An imprisonment of 1 to 5 years
·         Up to $10, 000 fines
If the battery case involves strangulation, substantial bodily harm, or any deadly weapon, it constitutes a felony and the defendant might face greater punishments.

Battery With Strangulation (Category C Felony)
·         one to five years jail time
·         Obligatory fine of $15, 000

Battery With Deadly Weapon but Without Substantial Bodily Harm (Category B Felony)
·         Jail detention of two to ten years
·         Obligatory fine of $10,000

Battery With No Deadly Weapon but with Substantial Bodily Harm (Category C Felony)
·         Up to five years of stay in prison
·         $10,000 obligatory fine

Battery With Deadly Weapon and Substantial Bodily Harm (Category B Felony)
·         Two to ten years jail imprisonment
·         $10, 000 mandatory fine

Note: All penalties include an administrative assessment fee of $35 

Tuesday, October 14, 2014

The Basics of ‘Obscene Performance’ in Nevada

obscene performance

A person can be accused of being involved in an obscene performance if he ‘knowingly’ participated or engaged in the portrayal, depiction or exhibition of any obscene, indecent or immoral act or performance.
                The State of Nevada considers a performance obscene if it has the following criteria:
  •        If an average person who bases his decisions on a general point of view finds that the performance under investigation attracts prurient interest; even when taken as a whole.
  •        The performance, as a whole, lacks significant artistic, political, literary or scientific value.
  •        The performance did atleast one of the following:

·         Depicted or described sexual acts – normal or perverted, actual or simulated – in an evidently offensive way.
·         Depicted or described masturbation, excretory functions, sadism or masochism undoubtedly in an offensive way.
·         Vulgarly or indecently exposed the genitals.

Penalties & Sanctions
            Obscene crimes fall under the misdemeanor category. This type is the least serious type of crimes thus it doesn’t have severe punishments. The standard penalty for such crimes is a fine worth $1,000 or less and/or up to 6 months in a county jail. The person charged with a misdemeanor crime can only plead to the court to seal his record after two years. Nevertheless, if the criminal defense lawyer is experienced, he can convince the court to dismiss the case or at least limit the punishment of the accused. Once this happens, the criminal defense attorney can also petition the court to seal the criminal record right away.

            There are three common ways to defend a person accused for being involved in an obscene performance:

  •        Insist that the accused did not act ‘knowingly’.

The full consent of the person who participated in an obscene performance is a requirement for this crime. Hence, if the criminal defense lawyer can prove that the person did not act according to his will, this type defense can subject the obscene case for dismissal.
  •        Insist that the show is not ‘obscene’.

The obscenity of the performance or act is hard to prove because the opinions of people vary. The act may be coined offensive even if it’s not totally immoral. If the defense attorney can stand to this, the result of the case will usually be in favor of the defendant.
  •        The performance is covered by the first amendment.

The U.S. Supreme Court declared in the first amendment that nude dancing can be considered as part of free expression. As long as there is no live sex and there are no children involved as performers or as part of the audience, chances are big that the act falls under legal grounds for obscene cases.

Are you accused of this crime? Call Ross Goodman, the most credible criminal defense attorney in Las Vegas, at (702) 383 – 5088 or visit Attorney Ross Goodman's Office.