Can I get my Crime Reduced to a Sealable Offense in Las Vegas?

You cannot seal the records for severe crimes in Nevada. Many of these crimes will remain permanent on your record unless you can get them removed through a pardon or other special legal circumstances. Otherwise, you can expect to have a really difficult time reintegrating into society.

Fortunately, there are still options that allow convicted individuals to get some post-conviction relief. For instance, your Las Vegas lawyer may advise you that you can get your sentence reduced to a sealable offense.

Reduce to a Sealable Offense?

Yes, your lawyer can help you get your conviction down to a sealable offense. In most cases, this may involve a plea deal with the court, where the defendant can admit their guilt in a charge in exchange for a reduced or less severe sentence. In the case of a post-conviction hearing, the defendant can contend that proper procedure was not followed, or they were not properly advised on how the proceedings went down. Such situations can lead to a reduction of the sentence or a retrial, depending on the circumstances. These reduced charges give a chance for the defendant to get a sealable offense.

Do I have to wait before I can Seal my Case?

Just like standard convictions, sentences reduced from unsealable charges have a cooldown period before they can be eligible for sealing. The cooldown period always depends on the severity of the crime, regardless of the type of crime committed. The common waiting periods are listed below.

• Crimes reduced to misdemeanors can be sealed after one year.

• Gross misdemeanors, minor felonies, and minor domestic violence cases require two years.

• Crimes downgraded to D, C, and B felonies cannot be sealed until five years have passed.

• Misdemeanor DUI cases and battery charges require seven years.

• All other crimes short of unsealable charges require a ten-year cooldown.

What Are the Consequences for Me?

Unsealable convictions have serious consequences on a person’s life down the line. On top of making it difficult to regain employment, you are also barred from voting, running for a government position, regaining your license, or serving on a jury. It will be hard to regain your footing with a conviction permanently on your record. 

On the other hand, getting a record seal can partially bring back some of your rights. You can potentially seek a job or regain a driver’s license as soon as the records are sealed. However, some of your rights may still be curtailed; for example, you are still barred from owning a firearm.

For people with severe criminal charges, getting a reduced sentence is the best way to avoid more severe punishments. It is best to ask a competent lawyer to find the best step to have your charges reduced.

 

Other Situations Where You Can Work with a Public Defender

 People face criminal charges in Las Vegas regularly, but not everyone can afford the services of a veteran defense attorney. In such cases, people turn to veteran public defenders instead. These lawyers represent clients without expecting immediate compensation, and can be just as good as private practices when push comes to shove.

Public defenders are oftentimes listed in most criminal proceedings like felony or gross misdemeanor hearings. They are not limited to such cases, however. Let’s look at other situations where you can work with a public defender in Las Vegas.

Parole Hearings

Prison inmates don’t always have financial assistance from outside. As such, most inmates can’t really afford to have legal counsel when summoned for a parole hearing. In such cases, the prisoner can request for a public defender to represent him during the hearings. Many public defenders are trained in dealing with prisoner rights and can effectively argue for the merits of paroling an inmate.

Juvenile Trials

Many minor defendants come from families who would have a hard time paying for a lawyer. As such, many juvenile trials involve public defenders representing these minors. As many cases in juvenile courts take less time to be heard than in adult courts, seeking a public defender over a private firm is more cost-efficient in the long run. The pay-later scheme also works as a plus.

Involuntary Commitment Hearings

An involuntary commitment involves the confinement to a medical institution of a person suffering from a treatable mental disorder against his or her wishes. This cannot be accomplished unless the court determines through a legal hearing that there are grounds to confine the individual. Public defenders have the expertise to handle such sensitive cases, and are more affordable in certain cases when compared to private firms.

Parental Termination Proceedings

Parental termination refers to the removal of a person’s rights to be a parent or legal guardian of another person. This is often an issue between spouses, problems with a legally-recognized guardian, or a case involving an abusive family. Perceived neglect is one of the most common reasons why parental termination charges are filed. In some instances, the neglect is involuntary and is the result of financial troubles. Public defenders can help in such cases if the defendant is short on funds.

Public defenders can cover a lot of legal hearings thanks to their experience. They can be a reliable alternative for people who can’t afford the services of a private defense attorney. Read up more on public defenders to see what other services they can provide for you.

Penalties for Out-of-State Firearm Law Violators in Las Vegas

 Nevada’s gun laws may not be some of the toughest in the country, but the state still enacts strict punishments for anyone who breaks them. The courts will put a heavy price for most firearm offenses, from carrying without a permit to possessing as a minor.

The state also applies the full effect of the law on violators from out-of-state. Failure to submit to Nevada’s gun rules means that the out-of-state defendant will be tried under Nevada rules. Listed below are some of the penalties for out-of-state violators of firearm laws in Las Vegas.

Permitless Concealed Carrying

As a shall-issue state, Nevada takes great effort in ensuring that both citizens and out-of-town firearms owners have permits to conceal carry in public. Failure to do so counts as a category C felony. Violators, both from within or outside the state, face the same penalties if found guilty. This means a maximum of 5 years in a Nevada prison, and up to $10,000 in penalties subject to the judge’s discretion.

Restricted from Owning Guns

State rules prescribe a list of individuals who are not permitted from owning, carrying, and using firearms. If you cross state lines while falling under any of the categories listed below and you are found with a gun, you can be slapped with a category B felony. These restricted individuals include:

• Convicted felons and stalkers

• Fugitives

• Convicted domestic abusers and adverse parties in a domestic violence case

• Convicted addicts to controlled substances

• Mentally-ill or committed individuals

• illegal aliens

Penalties include up to six years in prison (four years for mentally-ill individuals and illegal aliens) and a fine of up to $5,000.

NFA Rules

The National Firearms Act restricts the ownership of fully-automatic guns and assault weapons for civilians. However, guns that fall under this category but have been registered before the 19 May 1986 deadline are grandfathered in, although other rules may apply for their use. Much like the locals, an out-of-state visitor found violating NFA rules can face an automatic felony charge. They can be kept imprisoned for up to ten years, and are expected to pay up to $250,000 in fines.

People coming to Nevada must understand and follow the rules regarding firearms safety and regulation within the state. Read up on other firearm laws to avoid getting in heat with the law w

Five Factors to Justify Self-Defense in Las Vegas

 Nevada’s statutes allow citizens to defend themselves if they are threatened by another person, even if they have the chance to escape. The state is one of several others with a stand-your-ground-with-no-duty-to-retreat law, which can dismiss a criminal charge so long as the act was committed in legitimate self-defense. However, the defendant must be able to justify it as such; otherwise, they can be convicted as normal.

There are at least five factors to justify self-defense in Las Vegas. These factors are listed below:

The Defendant Was Not First

Self-defense implies that another party acted first. In this case, an act can be justified as self-defense if the defendant was not the one who initiated hostilities. The defense must prove that the aggressor acted first, either by threatening the defendant and clearly showing intent to do violence, or by immediately attacking the defendant.

Immediate Threat

Self-defense implies that there was an imminent threat looming. The defendant must prove that the other party intended to harm or kill them at the time of the act. Without the intent to immediately harm, the defendant may come off instead as being excessively paranoid and acting aggressively without observing the situation first.

Right to the Domain

The defendant must prove that the act was committed in a location where the defendant had the right to act in self-defense. This usually involves their home or workplace. This factor can come into play in situations where the intent to immediately harm is not readily apparent from the assailant. Home and office invasions usually fall under this category.

Not Related to a Crime

The defendant must prove that they were not accosted by the aggressor while the former was committing a different crime. For example, if the aggressor assaulted the defendant while they were in the act of stealing another person’s car, the defendant cannot claim that they were acting in self-defense. Domestic violence and cases and sex crimes can also fall under this category.

Proportionate Force

An act of violence can only count as self-defense if it was proportionate to the aggressor’s initial hostility. The aim must always be to incapacitate the aggressor and promptly remove the threat they pose to the defendant. Going above and beyond that is grounds for a charge of aggravated assault. Should the aggressor die in the attempt, the defendant must prove that the aggressor posed a serious enough threat that deadly force was the only reasonable way to deal with them. Otherwise, the defendant risks facing a homicide or murder charge, depending on the circumstances.

These factors alone do not determine whether or not an act of self-defense is justified. Nonetheless, they offer a clear picture of how state courts define self-defense. Keep these in mind if you ever end up in such a situation in the future.

When are Juvenile Defendants Tried as Adults in Nevada?

 Nevada’s juvenile courts handle most criminal cases involving juvenile defendants. This usually includes charges like DUI, theft, assault, vandalism, breaking and entering, and many other misdemeanors. However, there are instances when the alleged crime is far too severe to be tried in juvenile courts; such cases would then be referred to a regular court for processing.

Yes, youth offenders can be eligible to face adult charges instead of merely being tried by juvenile judges, and can face criminal penalties like life with parole. Such instances often happen under extraordinary circumstances, and can put the juvenile defendant in a tougher legal quagmire than before. Let’s look at how juvenile defendants are tried as adults in Nevada.

The Requirements

There are several prerequisites that must be in place before a juvenile defendant becomes eligible to be tried in a higher court. For a general overview, however, either of the following is the most commonly cited requirement:

1. The child is either 13, 14, or 15, and is facing a murder or attempted murder charge. In this case, the court has discretion to certify the charge as an adult charge.

2. The minor is at least 14 and is charged with a felony. As with the previous instance, the judge has discretion to certify the charge for adult courts.

3. The minor is either 16 or 17, and is involved in a sexual assault or firearm case. Such incidents often lead to a mandatory certification, though the judge can choose not to under specific circumstances.

Note that clauses exist regarding the child’s mental/developmental competence to understand the charges they are faced with, may have a substance abuse problem, or is facing emotional distress throughout the trial period. Such circumstances can also affect whether or not a juvenile can be certified for an adult hearing.

Differentiating between Mandatory and Optional Certification

While the judge has the final say when certifying a juvenile defendant for adult criminal court, there are still provisions in place that determine how such certifications are carried out.

Mandatory Certification simply means that the charge must be certified for a criminal court. This means that, unless affected by special circumstances, the juvenile must be transferred to a criminal court to be tried.

Optional Certification means that the juvenile judge still has the choice to keep the charge within their jurisdiction. As long as the defense has the necessary documents and evidence, the judge can choose to deny certification as they see fit.

The Direct File Issue

One of the pertinent issues regarding juvenile justice in Nevada is the direct file clause. Under this clause, juvenile defendants facing certain felony charges are automatically tried as adults, without consulting with juvenile courts. The clause first came into effect during the 1990s as part of the strong anti-crime trend that swept the country. In retrospect, the clause instead led to the disproportionate increase of incarcerated black and brown youths.

Debates remain whether this legislation should be removed or amended. Reformists claims that the direct file clause is an archaic ruling and only affects poorer, non-white youths. Supporters counter that the clause helped streamline the handling of defendants. Time will tell whether the direct file clause will be repealed or amended.

Juvenile defendants must understand that they are liable to face an adult criminal charge if the circumstances are right. Knowing the requirements for a transfer to a higher court can help juvenile defendants better defend themselves and stay in juvenile court.

Why Nevada has No Romeo and Juliet Laws

 Across many states, Romeo and Juliet laws are in place to protect minors involved in consensual sexual relationships from facing severe legal consequences in the long run. These affirmative defense actions are meant to keep the minors’ rights as citizens and not take them away at such a young age. 

Despite this, some states do not have such clauses related to age of consent. Nevada is one such example. Let’s look at why Nevada does not have Romeo and Juliet laws.

Reviewing Statutory Rape

Before we look into that, let’s look at what statutory rape is. In brief, statutory rape refers to any form of sexual misconduct where the victim is below the age of consent. It is understood that the actor must be above the age of consent to be convicted for statutory rape, but circumstances change when Romeo and Juliet laws are concerned.

In Nevada, statutory rape is referred to as an act of penetrative sex where the perpetrator is at least above 18 years of age, while the victim is at least 14 or 15 years old (Nevada’s age of consent is 16 years). It is also known in legal documents as statutory sexual seduction. Apart from some particulars regarding names, Nevada’s statutory rape laws are generally the same compared to other states.

So Why No Romeo and Juliet Laws?

Nevada is one of the few states where consensual sexual relationships are not illegal. Simply put, as long as both parties consent to the sexual relationship and no coercion is involved, the state cannot prosecute either party for sex crimes.

As sexual acts between minors are not criminalized, the state of Nevada does not see the need to implement affirmative defense measures to protect them against sex crime-related prosecution. The state may recognize mutual consent as a sign that pursuing legal action would be wrong.

But Can They Still Be Liable?

Surprisingly, yes. The lack of legal protections via the Romeo and Juliet laws means that both parties can face statutory rape charges as defined in the Nevada Revised Statutes. This situation is very rare, however, and may only happen due to very rare circumstances.

In the extremely rare instance that both parties become liable to a statutory rape charge, they can expect the full extent of penalties from the Nevada legal system. This would often mean a possible misdemeanor conviction (the typical penalty for minors who committed sex crimes), but the judge has prerogative to require both parties to register as sex offenders.

Nevada understands that minors can engage in consexual sexual activity without it constituing abuse. Nonetheless, the state reminds youths that going too far can have legal consequences for themselves in the end.