Wednesday, July 31, 2019

Sealing a Murder Homicide Record in Nevada

A criminal record caused by violent crimes in Nevada can greatly hamper opportunities you can get in life after prison. This is in terms of job application, college enrolment, loans, and other things you will venture into in hopes of moving on from the past criminal conviction.

One way to deter this is to seal a record. With this, employers or particular people would not be able to see your criminal record and judge you for it. But there remains a question: what if the crime was too severe such as a Nevada murder homicide? Is this eligible for a record sealing?

What is sealing of record in Nevada?

Convicts or people who have been acquitted are given the chance for sealing their record in Nevada. Sealing means hiding away information about your conviction from the public and no, it does not erase or expunge any of the records and the certain sectors of the government such as the Nevada Gaming Commission or NGC can still have access into them.

A record sealing in Nevada will help you come out with a better reputation whenever someone does a background check on you and you can have your civil rights restored such as the right to vote and be part of a jury.

What are the chances of a Nevada murder homicide being sealed?

Nevada allows category A felonies to be sealed which is a privilege not every state is temperate about. Nevada murder homicides are category A but there are certain degrees of the crime that makes record sealing impossible such as a murder of a child. For a Nevada murder homicide of people in the age of majority, the convict must wait 10 years after the case has ended before he or she can make any move about record sealing. When the defendant was never convicted, there is no waiting time to complete and application for a record sealing can be done right away.

If you think you are eligible for a record sealing of murder homicide in Nevada, you must first have the assistance of a Las Vegas criminal defense attorney as application for record sealing is a lengthy and complex process. Just a small error in the forms to be submitted can put your case in a back burner and that means more time of enduring the effects of a Nevada murder homicide you might not have been culpable of in the first place.

Coercion on Violent Crimes in Nevada

Forcing or stopping someone from doing something through the use of threats or physical violence is coercion. Coercion is typically found among the violent crimes that perpetrate in Nevada. Know that this can be can be penalized with a misdemeanor or a felony depending on the scale of the offense.

Coercion according to the Nevada Revised Statutes (NRS)

The NRS Section 207.190 describes coercion as the use of violence to “to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing…”

Basically, coercion is two things. First, it is forcing someone to NOT do something that is within their right to do. For example, a woman wants to break off a relationship but the man is threatening to kill her and/or harm her family if she breaks up with him.

The second type of coercion is forcing someone to DO something that he or she has the right to refuse to. An example is a company head forcing an employee to submit to his sexual advancements through threats to her life or her family.

Notice that these elements can be found in the worst violent crimes in Nevada such as domestic battery, kidnapping, and can even be precursors to manslaughter or murder homicide.

Standard coercion or when no physical force was used is a misdemeanor in Nevada which should warrant up to six months in jail and a fine of $1,000.

Now, if physical force took pace and one that caused injury, a category B felony should be faced by the defendant. This consists of six years in prison and a fine of $5,000.

Using coercion as a defense

While coercion is an element in violent crimes that could convict you, it also could be your defense to avoid charges altogether. Once facing a prosecutor, you could state that you only did the violent crime because you were the first one to be coerced. For example, your spouse was threatening you verbally and even held you at knifepoint because he or she wants to do something you do not want. You just happened to fought back by using the same method.

To better understand coercion and how you can use it as a defense, get the counsel of a Las Vegas criminal defense lawyer who understands the important factors in violent crimes in Nevada.

Wednesday, July 24, 2019

Is Prostitution Legal in Nevada?

Nevada has the reputation of being a wild and unrestricted state reflected by its main attractions like the Las Vegas Strip and it is not surprising that many think that prostitution is legal in the entirety of Nevada land. This is a common misconception as prostitution is not allowed in places with a population of over 400,000. Las Vegas is nearing 700,000 in its inhabitants which clearly means that prostitution is not allowed in the city. Ironic, considering its high volume of hidden sexual transactions that border to sexual crimes.

What is only legal about prostitution in Nevada?

Currently, there are only nine counties in Nevada where prostitution is legal. These are Churchill, Elko, Esmeralda, Lander, Lyon, Mineral, Nye, Storey, and White Pine. However, just because the act is permitted in these counties, it does not mean that sex workers can just go around and deal with anyone they see. Prostitution in Nevada should only commenced inside an authorized brothel which also should be 400 yards away from a school or a church. These are only few of the conditions that need to be met before a brothel is allowed to operate as to also ensure a sex worker’s protection.

What are the penalties for prostitution offenses?

As the last point, when prostitutes from authorized brothels engage in prostitution outside their designated place or beyond their operating hours, they are violating prostitution restrictions in Nevada. The Chapter 201.354 of the Nevada Revised Statutes or NRS states that it is unlawful for anyone to involve themselves in prostitution except in licensed brothels.

These laws against prostitution is even tighter in counties like Clark County where the city of Las Vegas is as prostitution is not allowed in there in any way or in any form.

A sex worker who violates these decrees can be charged with misdemeanor. A customer can similarly be penalized with also a misdemeanor in first offense. As the frequency of the violation increases, the fines to be shouldered by the offender will also increase. A third offense done by either a prostitute or a customer warrants an additional $1,300 fine apart from jail time of up to six months.

Many come to the corners of Nevada, specifically in the city of Las Vegas, to seek pleasure not knowing that some ways to achieve this is still deemed unlawful. Now, if you have involved with false allegations of prostitution in Las Vegas or other crimes like arson anywhere in Nevada, you need to have a Las Vegas criminal defense attorney by your side and the information above to prove your innocence better.