Additional Tasks To Do When on OR Release

 

An own cognizance release is a legal process where a previously-booked defendant can avoid jail time and bail by submitting a written document guaranteeing that they will be on their best behavior outside of prison. The defendant swears on oath that they will follow all the rules of a defendant on bail while they are out of jail. In a way, it’s like being on bail without having to pay.

Usually, being on OR release means that the defendant must stay up to date with all court hearings and regularly report their whereabouts to a case officer monitoring them. Of course, there are other things a defendant may be required to do as part of their dues. Let’s look at some such tasks to do when on OR release.

Drug and/or Alcohol-related Items

This one is usually for those facing a DUI or drug case. The court will require the defendant to be clean or sober for the duration that they are out, except if they require to ingest prescription medication. They may also be required to strap on some alcohol and drug monitoring devices, as well as submit to surprise tests. The defendant may also be required to attempt a substance abuse rehab program even when the court hearing is in order.

Assault/Domestic Violence/Harassment Items

Defendants facing domestic violence and physical assault charges will be required to avoid getting in contact with other parties concerned to the case while they are out. They will also be barred from visiting locales related to the complaint, such as their place of residence (if they are married or living together), their place of work (if they are co-workers), or just about any place with many people (if they pose a risk to the public). In most extreme situations, the defendant may be put under home detention and only allowed to visit certain places under supervision.

Items Related to Law Enforcement

You can expect to be subjected to several police searches for the duration that you are out on OR rules. These searches do not require a search warrant, so avoid resisting if you do not wish to be arrested. You will also be required to report to a probation officer about your activities from time to time. Failure to do so can tip off the authorities that you are missing on your duties.

Miscellaneous Items

Certain cases that have OR options require other kinds of responsibilities so that the defendant can stay out of jail. For example, the defendant may be required to observe curfew hours for as long as they are required. They may also be required to avoid travel outside of Nevada, as well as wear a monitoring device to keep authorities in the know about their current location.

Different charges have different requirements for their OR releases to be granted. Talk to your lawyer about the different own recognizance requirements that you may need.

Review: Felony DUI Courts in Las Vegas

 

When a person is convicted in a Felony DUI complaint in Nevada, they can expect severe penalties and long prison sentences in their future. Of course, they will do all they can to dispute the charge and avoid all the punishment. It can and will be an uphill battle, however.

Luckily for you, the justice system offers an alternative to prison time and fines in the form of the felony DUI court. Let’s a take closer look at how felony DUI courts work in Las Vegas

Felony DUI Court?

A felony DUI court is a court-supervised alternative program for people facing drunk driving charges in Las Vegas. It is offered to defendants with three or more DUI convictions on their record but no prior related felony convictions. It offers counseling and rehabilitation to help individuals deal with their drunk driving problems, come clean and stay sober, as well as minimize the possibility of repeat offending in the future.

How Does it Work?

Despite its name, a felony DUI court operates like a standard rehabilitation and therapeutic program for recovering alcoholics. It does have the caveat that the defendant must undergo house arrest for a maximum of six months and wear a continuous alcohol monitoring anklet for the duration of the program or until required by the court. The program lasts between three and five years, depending on how severe the charge was.

As a standard, the intensive rehab program usually involves most if not all of the activities listed below:

• Regular urine drug/alcohol testing

• Individual and/or group counseling

• Mental health therapy

• Collaborative case management

• Outpatient services

• Weekly support group meetings

• Community supervision

• Regular court reporting

Additional Things to Remember

You will have to meet eligibility requirements to be admitted to a felony DUI court. These usually include:

• Minimum three DUI charges within the seven-year period

• Identified problems with alcohol/drugs

• Must not have prior felony DUI convictions

• Must not have completed the program before

Your participation is not free or subsidized. You will have to pay for all the fees, including court dues, house arrest, probation, treatment costs and the like. The current going rate is $554.60 a month for the entire program.

Felony DUI court is a viable alternative if you wish to avoid a lengthy prison stay. Consult your DUI lawyer to help weigh out your options. 

What is the 'Shared Fault' Clause?

 

One of the things you learn as part of Nevada’s road rules is that the state has an at-fault clause for road accidents. This means that the person responsible for the collision must pay out for the other parties’ fees out of their own insurance plans. They are legally obligated to do so; they can be prosecuted if they fail to do so.

As a fault state, Nevada requires responsible drivers to pay for any damages they have caused in a road accident. However, there are instances where both parties involved in a collision can be blamed for the incident. This situation is called a shared fault case.

What is Shared Fault?

Shared fault is a legal situation where all parties involved in a vehicular collision played a role in the accident. This means that even the supposed victim in the case is at fault for causing the collision in the first place. It is also referred to as comparative negligence in most jurisdictions.

Shared fault is assigned in terms of percentages. Shares vary from as small as 20 percent of damages to at most 50 percent damages due. The percentage share is assigned after a thorough investigation on all parties concerned.

Shared Fault in Nevada

Nevada has a modified shared fault rule when it comes to car accidents. It allows parties involved in a collision to recover some of the money they have to pay instead of handing out the full amount. That means all parties can receive restitution instead of just having one person responsible for paying for all the repairs.

As a rule, the shared fault clause in Nevada is in effect if all parties involved are responsible for less than 50 percent of the damages and wounds received. Note that the amount of damages each party can recover is inversely proportional to the percentage of damage that they are responsible for. For example, if a person is responsible for 30% of all damages inflicted during the accident, they can get back 70% of all the costs. Going over the 50% limit for damages invalidates any attempts to recover damages in Nevada.

Shared Fault and You

The shared fault clause reduces a person’s financial duties after an accident. Instead of shouldering the cost alone, all people involved in the accident will have to pool in, only paying for their part.

This could work well if you’re facing a criminal charge related to the accident, like a DUI or reckless driving complaint. You have less to worry about when it comes to legal fees, so you can focus most of your resources on the legal hearing instead of worrying about how much more to pay for the other party’s damages and wounds.

The shared fault clause is an important factor to consider when you’re involved in a road accident in Las Vegas. Contact a Las Vegas defense lawyer to learn more about how it can affect your DUI case.

How To Deal With Warrants in Las Vegas

 

Picture this: one day you just find out that there is a warrant out for you in Las Vegas. You are either out-of-state, or are in an area where the concerned law enforcement have not reached you yet. Going back to Las Vegas can and will lead to an immediate arrest, and you are unprepared for the eventuality. In such situations, a seasoned defense attorney can help.

Defense lawyers are also trained to handle arrest warrants aimed at their clients. They can handle arrangements to make the arrest go smoother and easier for a defendant. Let’s look at how your lawyer can deal with warrants in Las Vegas.

Handling an Arrest Warrant

Arrest warrants authorize police officers to apprehend you anytime, anywhere, so long as it is within legal limits. Officers can visit you at your home or place of residence, or they can meet you at the airport and take you in. Any attempts to avoid facing the cops can be perceived as an attempt at resisting arrest, and can lead to worse consequences afterward.

Your defense lawyer can work with the prosecutor to smooth out the arrest process when the warrant is issued. They will arrange a surrender-and-walk-through procedure where you can report to the court handling the charges against you, get booked, and arrange for the corresponding bail. You are then temporarily free while both the prosecution and your lawyer handle the specifics of the case prior to the hearing.

Working On a Bench Warrant

A Bench warrant can be an additional burden to an already taxing criminal case. This warrant authorizes your arrest if you fail to appear on a court date for the charges against you, or if you violate other court rules. The consequences of a bench warrant arrest can complicate an already tricky criminal hearing.

Fortunately, most defense lawyers can formally request the court to quash the warrant. The court will then allow a hearing where your lawyer can argue your case. If successful, you can avoid any additional penalties and your criminal hearings can proceed as normal.

Always accept a warrant reasonably; failure to do so can add more legal headaches down the line. Consult with a Las Vegas lawyer so you can better understand how to handle an arrest warrant against you.