What's the Difference Between Aggravating and Mitigating Factors in a Case?

 

If you’ve read transcripts of court proceedings or watched courtroom dramas, you might have heard the terms ‘aggravating factor’ and ‘mitigating factor’. They appear quite often in more serious criminal hearings, like sexual assault and murder cases.

These terms aren’t just legalese written in records for their own sake. They can affect the severity of a crime and a person’s guilt, and can lead to harsher or lighter punishments, depending on which is more plausible. Let’s look at the differences between Aggravating and Mitigating Factors in a case.

What’s Aggravating?

Aggravating factors increase the severity of a crime and a defendant’s guilt. An increasing number of these kinds of factors can elevate a charge from a lower classification to a higher one up the chain automatically. A confirmed link to the defendant could make it more difficult to have the charges dismissed.

Aggravating factors vary in level and severity depending on the case. They can be as simple as confirmed premeditation for the crime to the intentional use of deadly weapons and force. Other factors can also be taken into account, like an increased risk of re-offending, a previous criminal record, and the defendant’s current mental condition.

What’s Mitigating?

On the opposite end, mitigating factors intend to reduce the severity of a defendant's crime. A greater number of mitigating factors can lessen the impact of the charge and open the defendant to lesser penalties.

Much like aggravating factors, mitigating factors can vary in level depending on the charge. At worst, they can reduce your sentence; at best, they give you a chance to achieve a dismissal even for the worst crimes. Such factors may include the defendant’s background, circumstances out of the defendant’s control, or the defendant’s admission of guilt.

How They Interact

Both factors can affect the outcome of any criminal hearing significantly. As stated earlier, aggravating factors increase the severity of a crime, while mitigating factors reduce it. A defendant must always aim to have more mitigating factors to avoid the worst penalties and/or get a dismissal.

One must remember that Nevada courts must find enough aggravating factors before they can elevate a person’s sentence. Multiple mitigators can invalidate the effect of one heavy aggravating factor, protecting the defendant from the worst convictions. However, there are instances where the aggravating factor is so serious that no number of mitigating factors can reduce its effect.

Factors affecting your charge can spell the difference between a dismissal and a direct transfer to death row. Ask your legal counsel about how to handle these features in your case.

Why Getting Your Nevada Driving License Revoked is Worse than a Suspension

 

In a typical driving-related case, one of the most common penalties is to have your license suspended for a period of time. When the case is more severe, however, the DMV can have the defendant’s license revoked.

Some people may not understand the gravity of a license revocation. They may think that it’s basically just a suspension under a different name; however, it has worse consequences. Let’s see a few reasons why getting your driving license revoked in Nevada is worse than a suspension.

License Void

The way suspensions work is that you can expect to get it lifted later (although you will have to file paperwork to do so). While the suspension period may increase, you can still keep your own license at the end of it all.

In contrast, a revoked license is permanently rendered null and void. It loses all validity, thereby depriving you of the freedom to operate a motor vehicle in Nevada. You will have to go through the full application process again if you wish to regain a driving license. In addition, there is a cooldown period that you will have to let pass before you can re-apply; its length is affected by the severity of the crime committed.

Additional Provisions

Getting a new license after your old one can be more grueling when the DMV requires that you submit other related documents on top of the usual application forms. For example, they may require you to file an SR-22 insurance form to prove that you are capable of paying off any financial liabilities that may arise from future driving accidents.

On top of that, the DMV may require additional provisions before they grant you a new license. For example, you may be required to install a breath interlock device in your vehicle temporarily or permanently as a condition for keeping your license. Such situations are common in Nevada because many revoked licenses here are due to drunk driving-related incidents.

Refresher Course

As stated earlier, a driver with a revoked license will be required to apply for a new one after the prescribed period is complete. If the driver’s license has been revoked for at least a year before they re-apply, they may need to undergo certain tests before they can proceed. Some of these tests may include:

• Vision tests

• Written examination regarding road rules and safety

• Driving skill tests to determine whether or not you are still fit to drive

Other tests may be added as the situation demands. Note that the applicant may have to pay for some of these tests.

A revoked driving license can be a worse hassle than a simple suspension, both before and after the revocation period has passed. Avoid the extra hassle with the help of a competent driving crimes defense lawyer in Nevada.

Incarceration for Trans-Women in Nevada

 

Nevada’s prison system has set placements for all-male and all-female detainee populations. The state’s correctional facilities for women are on par with those for their male counterparts. Apart from a similar level of security and a greater number of female prison staff, detainees also have access to women-only services, like healthcare and pregnancy support.

But what about inmates who do not identify with either demographic? How does Nevada’s prison system handle the needs of, say, trans-women? Let’s take a closer look.

The Selection Process

A future detainee cannot be listed as a trans-woman on a claim alone. This usually needs to be determined through a physical and mental examination. The exams can be handled prior to or immediately after arriving at a prison facility.

 Even then, confirming their trans-woman status does not automatically merit a transfer to a different detention center. That decision falls to a non-conforming gender review committee assigned to the case by the Nevada Department of Corrections. The NGRC reviews the inmate’s situation and determines whether or not they should be moved. The situation progresses on a case-by-case basis, and the committee has the right to deny a transfer if they find any discrepancies.

What Trans-Women Get as Prisoners

Trans-women can be allowed to transfer to an all-women’s facility if the committee approves. Like regular female prisoners, trans-women detainees can also wear female prison wear, as well as female prisoner underwear. They also have direct access to women-only hygiene facilities.

In some cases, however, some compromises will be made to keep all prisoners comfortable. For example, a trans-woman detainee may be required to shower separately from other detainees (especially if they are kept in an all-male prison) or moved to a single-person cell.

Trans-Woman Detainee Health

Because of their unique circumstances, trans-woman detainees need a specialized medical program to be able to stay healthy inside prison. A medical provider will create a management plan to support the detainee’s physical and mental health. This specialized medical program often involves:

• regular hormone therapy

• psychotherapy

• regular mental checkups

• physical checks

• Annual visit from a provider to review their program

Nevada aims to accommodate the needs of its prisoners no matter what background or sexual orientation they may have. Consult your defense lawyer to learn more about what other prisoners you are afforded to you as a detainee in Nevada.

Four Benefits of Getting a Pardon in Las Vegas

 A pardon is a legally-binding declaration that absolves a convicted individual of a crime they committed against the state of Nevada. It is handed down by the state’s Pardon Board, a committee that includes the Governor, the Attorney-General, and the Justices of the Supreme Court. With a pardon, a convicted person is automatically freed from prison and can begin the slow process of recovering their life prior to their incarceration.

This legal process offers a number of benefits that can affect a formerly-convicted individual either immediately or in the long run. Let’s look at four benefits of getting a pardon in Las Vegas.

Regaining Your Rights

Criminal Convictions invalidate most civil rights that a person may have. These include the right to vote, to serve in a jury, to hold public office, to gain employment, and to own a firearm, among other things. A pardon allows the defendant to regain some of these rights lost, rebuilding a semblance of their pre-conviction life. Not all effects are instantaneous, however; the right to hold public office only returns at least four years after the pardon, for instance. 

Not all pardoned individuals can recover these rights immediately, however. Those facing category A felonies (or category B felonies that involved force and harm) or those who committed multiple felonies may have to appeal to the court that sentenced them with the crime. Pardoning also does not preclude sexual offenders from requiring to register.

Returning Job Opportunities

As stated in the previous section, conviction removes a person’s right to get a job. Convictions can affect everyone from entry-level laborers to high-end executives. A pardon allows the defendant to seek employment once again. Employers may require a person to attach a photocopy of their pardon orders to their application documents before being hired.

There are instances where a pardon does not equal an immediate return to being good to hire. Potential employers may mark off a pardoned individual if their moral character is still not up to snuff after the pardon. Certain professional boards may also deny the reinstatement of a person’s professional license after getting a pardon.

Witness Rights

A person with a prior criminal conviction is often a liability as a witness. The opposing lawyer may attack a person’s previous sentences to discredit their viability as a defense or prosecution witness, for example. A pardon invalidates any attempts to use their conviction to invalidate their witness testimony in a court of law. Note that this is also on a case-by-case basis; a court may throw out a pardoned person’s testimony depending on the circumstances.

Relief for Immigrants

Serious criminal offenses are oftentimes legal grounds to deport an immigrant. If the crime does not involve extradition to the immigrant’s home country, they can be sent back before or after their sentence is complete. Receiving a pardon gives the offending immigrant a better chance to avoid deportation and stay in the country. Note that it says ‘a chance to avoid deportation’; a pardon does not mean the immigrant will not be thrown out for other circumstances related to the crime. For example, the crime may reveal that the immigrant poses a domestic danger to the community even after they have been pardoned.

A legal pardon opens a lot of opportunities for a formerly-convicted individual to go back to their former lives. However, they also have their own drawbacks that may have to be addressed by other means.