Saturday, November 29, 2014

How A Las Vegas Domestic Violence Lawyer Defends The Case Part 2



We tackled the basic information gathering process of a domestic abuse attorney. In this article, we will discuss more of what the accused usually have to say. The client's testimony to the lawyer is “important” in the defending process. It serves as the baseline for a further defense strategy. Listed below are some of the most common explanations of those accused of domestic violence when charged by the Law:


1.) What happened was an accident. I meant no harm. She slipped out on her own.

The lawyer will try to look for inconsistencies in the client's statement. Inconsistencies can lead to a poor defense. The lawyer will look at the actual facts such as: is the floor slippery? Are there slippery substances on the floor such as water, oil, etc? Are there any signs of struggle? Were there reports of blood stains on the client’s clothes?

2.) The victim is lying. It was all made-up, I never did anything that he/she said.

The lawyer will try to assess the client and the victim. The lawyer will look for inconsistencies by reading the police, media, and medical reports then compares it with the client's testimony. The lawyer can also interview the witnesses and the responding officer. The lawyer will find the inconsistency in the story of the victim and analyse the case thoroughly.
Example: the victim reported that the accused tried to stab him with a “kitchen” knife (notice the word kitchen). However, based on the police report, the Kitchen knives were left untouched.


3.) It wasn't me. I was not there at the crime scene. I was out shopping, etc.

The accused must tell the lawyer his/her exact whereabouts during the time of the crime. The location, place, the exact time, people he or she talked with or met, GPS location, etc. CCTV's at the alleged location will be reviewed, witnesses will be interviewed, and any physical evidence of the defendant's presence will be checked. Physical evidence includes hairs, smartphone locations, the vehicle used, etc.


4.) Yes I did it, but it was all victim's fault.

If the accused says that it was the victim who provoked the action, then the defending lawyer will try to look for supporting evidence such as: the mental health of the victim during the time of the event. Is the victim in medication? Is the victim has anger-management issues? Is she under the influence of alcohol or drugs? Did the victim admit that it was his/her fault?. The lawyer can also review the witnesses' testimonies that can help with the case.


The defense testimonies that are written here are just a few samples of the most recurring types of testimonies of the accused when charged with domestic violence according to most lawyers. There are still many defense scenarios in a domestic violence case and a good domestic violence lawyer successfully defends the case by utilising all the information regarding the case.

Las Vegas Domestic Violence Attorney Ross Goodman has an extensive background in criminal defense that has led him to the shortlist of Top Lawyers in Las Vegas. His defense strategies are guaranteed to produce positive results. Contact him now at (702) 383 - 5088 for a free consultation. His office is located at:

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101

Thursday, November 27, 2014

How Las Vegas Domestic Violence Attorney Defends The Case Part 1:

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101



Las Vegas domestic violence lawyers start off looking at domestic violence cases form a standard checklist which then evolves to a more deeper strategic legal defense that the lawyer decides to action. The attorney evaluates the case by reading the police reports, by inspecting the evidence, by interviewing the witnesses and by reviewing the media reports. The attorney then makes an assessment regarding the client's status, whether there is a strong chance of defending the case, or not. In this article, we will focus on the information gathering techniques of a family violence lawyer in Las Vegas:


  • Was the victim or defendant high or intoxicated?

If the defendant was under the influence of drugs or alcohol during the incident. The lawyer can claim that the defendant`s account of the situation cannot be taken seriously.

  • How fresh are the victim or defendant's wound, if none, what are the other signs of struggle?

Fresh wounds and signs of struggle can turn the favor against the defendant. If there are signs of injury or substantial bodily harm, the judge may impose additional penalties. The signs of struggle includes: blood or rips in clothes, scratches, etc. Substantial bodily harm are the following: burns, bruises, lacerations, broken bones, head injury, gunshot wounds, and any injury that require stitches.

  • The victim and the defendant's emotional and mental state.

The emotional state of the victim and the defendant can also be used by the domestic violence lawyer. There is a defense called the “insanity defense”. Those who are labeled as “insane” by a psychiatrist are not reliable according to the State of Nevada. The law specifically states that there should be an “intent” to do the crime. Having a mental illness prohibits the defendant to “actually” know what they are doing. There is no “intent” present. Note* insanity defense can be hard to win, it requires testimony and a written report from a certified psychiatrist.
  • What are the police reports? Are the police observation consistent with the defendant's?

The domestic violence lawyer would then get a personal copy of the police report. Police reports should be consistent with the defendant's report. The police report will be reviewed by the domestic violence lawyer. The lawyer would give legal advice based on the police report.

  • What other physical evidence are there?

The list includes: broken phones, disconnected phone lines, broken appliances, blood stains, etc. The defense lawyer would study the evidence, try and connect the details, then take an appropriate course of legal action.


Hire a Domestic Violence Lawyer


If you are charged with domestic violence, you should hire a reputable lawyer to defend yourself. Attorney Ross Goodman is an experienced domestic violence lawyer in Las Vegas. He has handled numerous cases of domestic violence with amazing results. He will review your case rigorously and offer the best legal defense possible. Get a free consultation by calling the Goodman Law Group at (702) 383 – 5088.

Wednesday, November 26, 2014

The Impact of Domestic Violence Part 2: The Family and Their Community

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

In our previous article, we've talked about the effects of Domestic Violence on the victim, the children and the accused. Let us now discuss the effects of Domestic Violence to the family and the community:

Family

Domestic violence has a serious effect on the whole family as well. Here are a few examples:

  • Family conflict – Families who experience domestic violence can lose the “bond” that they share. They might grow apart from each other, feel uncomfortable with each other, and can lose the “love” that they once shared. Couples usually end up in a divorce.
  • Financial constraint if both parents are working, the family income may be split in half. There is a great chance that the victim will shoulder the household expenses. If the victim's income will not be enough to support the whole family. The victim could end up borrowing money or applying for a loan. This often also leads to bankruptcy especially if the family has a lot of members.
  • Involvement of local authorities – Protection orders can have a negative effect on the family. The children may feel intimidated by the presence of the police. The family as a whole can lose their privacy.

Community

  • Bad advertisement – Any negative statistic impacts the community. If there is a high case of drug and alcohol use, the community can lose their real estate value. It can turn-away possible homeowners and investors.
  • Crime rates – Children who grew up in a violent home may suffer from many behavioral problems such as poor social development, depression, anger, and anxiety. They are prone to join gangs, groups or clubs. They can also be involved in drugs, robberies, and sexual crimes.
  • Healthcare cost – According to study, victims of domestic violence are paying 92% more on health care plans, due to frequent medications and medical consultations. The study is based on domestic violence victims vs random samples. 
  • Economic cost – Poor job performance in relation to domestic violence is costly. Companies report that costs can reach to hundreds of millions every year. Poor performance can also lead to unemployment. Unemployment can lead to lesser tax for the local government and there will be an increase in subsidy.

Domestic violence should be taken seriously. It has a great impact to the family and the community.

If you know someone who is accused of domestic violence, contact a domestic abuse attorney in Las Vegas. Ross Goodman has extensive experience with domestic violence cases in Las Vegas, Nevada. Call Goodman Law Group at (702) 383 – 5088 for a free consultation.



The Impact of Domestic Violence Part 1: The Accused, the Victim and the Child




Domestic Violence Las Vegas Nevada: The Accused, the Victim and the Child


Domestic violence can cause short-term and long-term effects. It can affect the person physically and emotionally. Some victims may lose their jobs because of the frequent absences from work. Some can end up having a financial constraint because of medication, while others can experience a mental breakdown. The state of Nevada is constantly at work to fight Domestic violence. The state has run a series of Domestic Violence awareness campaigns, and came up with several punishments for domestic violence offenders. Defending the charges might be difficult, but it is possible.

If you know someone who is charged with domestic violence, it is of utmost importance for him to get in touch with a domestic abuse attorney.  The attorney can provide legal advice that can help with the case.

In this article, we will talk about the effects of Domestic Violence to the victim, the children, and to the offender.

Victims

  • Fear, depression and suicidal thoughts – victims of domestic violence may live in a constant state of fear. They can be hard to comfort, talk to, and may have a severe impact on their job performance. There are cases when the victim tries to kill themselves out of frustration and anxiety.
  • Anger some of the victims cannot release their anger toward the offender.  The anger can be directed on someone else. It can be with their children, other members of the family, co-workers, etc.
  • Financial InstabilityIn relation with fear and depression, victims may end up losing their job due to poor performance or frequent absences. They can also run out of funds because of medication or hospitalization.
  • Having a split personality – Victims may show signs of having a split-personality. The victim can be lively and cheerful outside the home, but grumpy and depressed inside.
  • Use of drugs or being alcoholic victims may end up using controlled substance and alcohol to relieve the pain, depression or stress.


Image in courtesy of mocosheriff.com
Children

· Violent tendencies – Children who witness domestic violence are prone to commit domestic violence in the future as well.
· Feeling of guilt, hurt, shame, and fear – Children may feel guilty if they see their parents fighting. They may fear their parents and be wary of them. They can also be shameful of their current family situation and avoid contact with other people.
· They possess a great risk of becoming an alcoholic and a drug abuser. Children who do not have someone to turn-to may end up using alcohol or drugs. Alcohol and drug consumption can be difficult to control when it becomes an addiction.
· It can affect their relationship with friends. They may avoid their friends totally because of fear of getting bullied or hearing bad comments and reactions about his/her family or parents. There are cases where the children themselves are the one responsible for the bullying.
Children who witness domestic violence should get the support they need. They need someone that they can talk to. They must receive proper counselling to minimize the effecst of domestic violence.
The Accused

· The accused may carry the burden (feeling of guilt) for a long period of time. Cases may vary depending on the person. There are people who are emotionally strong and may show no signs of effect.
· If a relationship ends because of domestic violence and if the offender has been proven guilty of domestic violence, it will be hard for him to get into another relationship. The record will be with the accused for a lifetime. His future partner will have access to that information one way or the other.

· Minimal future employment (especially for third time offenders)domestic violence is a criminal offense. Those who are proven guilty will have the record permanently stamped on their profile. There are companies who have strict regulations when it comes to employment, especially for office positions. 

Wednesday, November 19, 2014

Nevada Domestic Violence Statistics

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

Nevada Network Against Domestic Violence (NNADV) is an organization that provides assistance to domestic violence victims. Every year, they collect and produce an annual report of domestic violence cases in Nevada. In this article, we will break down the important points in their annual report.

Here are the statistics provided by NNADV:

Total number of primary victims: 38042
Age
Female
Male
0 – 12
30
21
13 - 17
348
53
18 - 29
6439
508
30 - 44
12100
950
45 - 64
3391
752
65
825
167
Unknown Age
12431
27
Total
35564
2478


Location
Number of Victims
Carson
1347
Churchill
287
Clark
25349
Douglas
175
Elko
191
Esmeralda
1
Eureka
4
Humboldt
45
Lander
11
Lincoln
0
Lyon
176
Mineral
16
Nye
125
Pershing
19
Storey
13
Washoe
9674
White Pine
8
Unkown
421
Out of State
180
Total
38042



Let us break down the facts:

  • The statistics say that there are over 38,000 of reported cases of domestic violence in Nevada.
  • Women are more prone to the cases of domestic violence.
  • Most of the domestic violence cases are committed by people in the “30 – 44” age bracket, with over 12,000 cases.
  • There are over 12,000 people who do not want to disclose their age.
  • For some reason, Clark County has the most number of reported cases. Lincoln has no reported case of domestic violence.

It is important to take note that the statistics are based on reported cases. There are victims who chose not to report their case. If you know someone who is a victim or charged with domestic violence, please contact a domestic violence lawyer in Las Vegas.

Hire Atty. Ross Goodman

Atty. Ross Goodman has an extensive experience with domestic violence cases. He also provides the best legal advises for his clients in Las Vegas. Call Ross Goodman at (702) 383 – 5088 for a free consultation.



Tuesday, November 11, 2014

Penalties of Violating a Restraining Order in Las Vegas Nevada

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


protective order


A crime is committed when an adversed party does not follow the conditions stated in the protection and restraining order. The penalties depend on the type of restraining order that is being violated – whether it is temporary or extended.

The Penalties

·         Violating a Temporary Restraining Order
A person who deliberately violates a temporary restraining order will face gross misdemeanor charges. A gross misdemeanor carries a penalty of not more than a year jail imprisonment. The violator can also pay fines up to $2,000.

·         Violating an Extended Restraining Order
It is considered a Category C Felony when a person purposely violates an extended restraining order. A Category C Felony carries a punishment of one to five years imprisonment in Nevada State Prison. The penalties also include fines up to $10,000.

·         Workplace Harrassment or Domestic Abuse
The adverse party will face misdemeanor charges if he/she intentionally violates a temporary or an extended restraining order against domestic exploitation or harrassment in the workplace. These misdemeanor charges carry fines of up to $1,000 and includes a jail detention of up to 6 months.
Note: Protection and Restraining orders from other states are issued with full faith and credit by their state laws. It means that out-of-state orders are treated and imposed by police officers just like the in-state orders.

Protection and Restraining Order Defense Attorney in Las Vegas, Nevada

A Las Vegas Domestic Violence Attorney can assist you in dealing with restraining orders. Ross Goodman is a domestic violence attorney in Las Vegas who can help you in the following ways:
·         File an appeal against the temporary or extended restraining order
·         Represent you well on the court and can tell your side of the story
·         Resolve your case without a trial through dismissal
·         Lessen the charges and penalties of violating a restraining order through plea bargaining
·         Defend you against the accusations and can find ways to get the restraining order lifted

Attorney Ross Goodman specializes in Criminal Cases in Las Vegas. Attorney Goodman has helped clients get reduced sentences, case dismissals and not-guilty verdicts. Just visit his office for consultation. 

Friday, November 7, 2014

Open Or Gross Lewdness in Las Vegas


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



Open and gross lewdness is a serious allegation in Las Vegas Nevada. It is considered a gross misdemeanor or a category D felony depending on the circumstances. Knowing the law regarding open and gross lewdness can help a person avoid serious consequences.

What is Open and Gross Lewdness in Las Vegas, Nevada?
Under the Nevada State Law, open and gross lewdness is defined as:

·         Any deliberate sexual act performed either in public or in a private location where other people could still witness it.

This happens when a person does sexual acts explicitly in public. An example of this is when a man masturbates in front of his open window at home. Though the person is in a private place, the act is still done openly. Hence, a crime is committed. 

·         Any sexual encounter that is nonconsensual and is not considered as actual rape.

A person will be accused of open and gross lewdness if he/she allegedly touched another person in a sexual approach without consent. These sexual acts are not deemed as rape because it involves no penetration. An example of this is when a guy touches the breast or kisses the neck of a girl without consent. Since there is no penetration, the person will not be charged of rape.
Note: According to NRS 201.210, the breast feeding of a child by his/her mother is not considered as open or gross lewdness.

Is indecent exposure same with open and gross lewdness?

The two cases are different. Indecent exposure is the exposure of private body parts regardless of the person’s sexual interest. On the other hand, open and gross lewdness concerns mostly on sexual acts.

What are the penalties?
Here are the penalties that a person might face when charged with open and gross lewdness in Las Vegas, Nevada:

First Offense – it is considered as a gross misdemeanor
·         Jail time of one year
·         A maximum of $2,000 fine
·         Possible sex offender registration

Subsequent offense – it constitutes a Category D Felony
·         Imprisonment of one to four years
·         A maximum fine of $5,000
·         Possible sex offender registration

Sex Assault Lawyer in Las Vegas Nevada

An experienced Las Vegas sexual assault attorney like Ross Goodman can help you defend criminal charges including open and gross lewdness. With his years of experience, Ross Goodman can successfully dismiss or drop the charges against you.

If you or someone you know is facing open and gross lewdness case in Nevada, don’t hesitate to contact Ross Goodman at (702) 383 - 5088. 

Monday, November 3, 2014

Contending an Extended Protection Order for Domestic Violence in Las Vegas

Extended Protection Order for Domestic Violence in Las Vegas


In Las Vegas, A person who is charged with an Extended Protection Order (EPO) for domestic violence has to face numerous consequences. Here are some of them:

You may be prevented from seeing your children and pets
You may be sent away from your home
You may be forbidden to use firearms 
You may be required to pay for child support, mortgages, and other amount requested by the complainant
The protective order can be used as an evidence against you in family law disputes
Disqualification for employment and educational opportunities

Since Extended Protection Orders last for up to 1 year, the court provides the accused an opportunity for a hearing within 45 days after the EPO was filed. Otherwise, the court may not permit the petition. Once you were informed about the EPO in Las Vegas, NV., contact a Las Vegas domestic assault attorney as soon as possible to prevent the protective order from staying in effect for a long period of time. Remember not to violate any provision in the protective order for it can lead to heavier charges.

The EPO Hearing
The hearing for an EPO is a fast proceeding. Usually, the judge only takes 10-20 minutes to hear the sides of each party. The hearing is not meant to be a trial. Although you can present your case alone, it is advisable to hire a defense lawyer to be assured that you will be given a sufficient time for laying out your case. Keep in mind that you have to remain calm while in court. Any type of misbehavior can lead the judge to implement a permanent protection or restraining order against you.

How can a Domestic Violence Lawyer Help Me?
 
A domestic violence lawyer can help you be free from an extended protection order. He can deal with the law enforcers and the prosecutor on your behalf. He can also file a motion in court, can present defense witnesses, and also cross examine the complainant to strengthen your case. If there is a thin chance that your case will be dismissed, the domestic violence lawyer can still find ways to at least reduce the charges against you through plea bargaining. 

If you have been charged with an extended protection order, contact Atty. Ross Goodman right away. Ross is the most experienced domestic violence attorney in Las Vegas. You can reach him at (702) 383 - 5088 for consultation and inquiries.