Factors that Determine a Property Owner's Liability

 

The Humphries v. New York-New York Hotel and Casino case is an interesting study into a property owner’s liability related to a crime. In the case, the plaintiffs claimed that the hotel owners failed to ensure their safety, leading them to suffer injuries during an altercation. The case received a verdict in favor of the plaintiffs after a long process that included reviewing all the circumstances related to the case.

Owner’s liability is a major legal headache even when you are not directly connected to a crime. If you fear that you can easily be at risk of getting a civil charge related to this, you should know what to expect. Let’s look at factors that Las Vegas courts consider when determining your liability as a property owner.

Failure to Act

Owners and staff of an establishment are duty-bound to ensure the safety and protection of their patrons and visitors. Failure to do so leaves them open to a liability charge. Delaying any action to assist or protect patrons also counts, and can count as a more serious offense in the long run. For example, on-site personnel stood around for a minute or so instead of quickly defusing a physical situation between patrons; this was cited in the Humphries case and was one of the factors that led to the higher court’s reversal of the original verdict.

Foreseeable Danger

A court can find you liable if evidence shows that your property or establishment has many foreseeable dangers that you failed to account for. For example, unrepaired floorboards, loose wirings, and dangerously-placed furniture can all be grounds for determining foreseeable danger. The judge can also consider the lack of precautions to prevent harm to guests and patrons as a sign of foreseeable danger. For example, the lack of security detail or warning signs regarding hazards can count.

Prior Incidents

The property owner is responsible for keeping up with anything happening on their premises. If a dangerous incident or crime has already happened in the vicinity and the owner failed to deal with it, they can be held liable for any injuries or deaths on their property. This includes failing to renovate risky sections or not highlighting accident-prone areas. It can be worse if they have received complaints from other patrons about such incidents repeatedly and yet they fail to deal with it in a timely manner.

As a property owner, you must be aware of situations that can leave you open to being sued. Avoid being negligent about your property’s safety and security risks if you don’t want to deal with the legal headaches later on.

Why An Appeal to Commute a Sentence was Denied

 

Getting convicted for a serious charge in Las Vegas means that you can expect some pretty long times in prison. Fortunately, there are plenty of post-conviction options that a defendant can choose from to help them lighten their sentences. For one thing, those who have been incarcerated for long enough can request for their sentences to be commuted.

Like many other instances, however, an appeal to commute a sentence can be denied by the Pardons Board under certain circumstances. Let’s look at some reasons why an appeal to commute a sentence was denied.

Request Lacked Merit

The standard reason for denying an appeal to commute a sentence is because of a lack of merit. That is, the prisoner’s reasons for the commutation lack any weight and are thus no grounds for the appeal to stand on. For example, a prisoner may claim good conduct for the period that they were incarcerated, but they lack documents to prove such conduct. Conversely, other parties may disprove this claim and submit their counter-arguments during the deliberation period (for example, prison guards may declare that the appealing prisoner was actually more violent or manipulative while incarcerated).

Up for Parole

Prisoners who are up for parole less than a year before the next Pardons Board meeting are blocked from making appeals. Any attempt to do so will be automatically denied, citing this reason. However, the prisoner viable for parole may still get a chance to request a commutation if they are involved in extraordinary circumstances related to the case.

Modified Sentences

A petition for a modification of a sentence is a petition that changes the contents of a sentencing document. Modifying sentences may lead to reduction or addition of provisions to the original sentence, depending on circumstances. In connection to commuted sentences, a request for commutation may be denied if a petition to modify the original sentence is in effect. The petition can be filed either by the judge overseeing the case, or the district attorney.

Public Opposition

Nevada’s populace has a say with regards to sentence commutations, even for relatively unknown prisoners. They are free to submit their support or opposition to a proposed commutation by mailing their opinion to the Nevada Pardons Board. Strong public backlash for certain cases may affect the chances of a prisoner’s commutation appeal in the long run. Note that this is admittedly a minor reason compared to the others; the governor and the Board can choose to ignore public input and go ahead with the reduced sentence.

There are many other reasons why an appeal to shorten a prisoner’s sentence can be denied. That doesn’t mean it’s the end for them, however. Ask a defense attorney about other post-conviction options that are readily available.

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.

 

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 Bizarre Criminal Defenses That Worked in Court

Criminal defense can be a complex matter to people. In order to reach an acquittal for their clients, criminal defense attorneys have to painstakingly shuffle through files upon files of evidence for and against them, finding inconsistencies they can exploit or identifying key statements that can help prove their client’s innocence. In many cases, lawyers have to fall back on legal precedents or landmark judgements in the past to argue for their client’s acquittal.

However, there are some instances where the defense utilizes some unusual methods to attain a charge dismissal. These methods ranged from claims of witchcraft or spiritual possession in the past to odd but technically legal circumstances in the present. Listed below are a few of the more bizarre criminal defense that worked in a competent court of law.

Afflicted with the Richness

One of the more common tropes in many forms of fiction is the rich and loaded defendant--a person who can literally pay off any judge or jury that tries to indict him for any wrongdoing. This particular case involving a Texas teenager from back in 2012 is a different take on the whole scenario, and has made waves in the news for how ridiculous the outcome was. Ethan Couch was involved in a fatal DUI-induced crash, which left four other people dead. The prosecution had rock-solid evidence that would put the teenager away for life on multiple counts, but he managed to walk away with only a rehab order. His defense team successfully argued that he was suffering from ‘affluenza’, a pseudoscientific disorder that claims spoiled rich children lose any form of self-judgement and are prone to make fatal mistakes. This bizarre argument somehow secured a reduction in his conviction and has kept him from more severe penalties, and has earned the ire and ridicule of legal professionals everywhere. These days, couch has been in and out of jail due to his drinking problems, and was last arrested in January from violating his probation dues.

Just Like the Simulations

The Matrix is one of the more seminal films of the turn of the millenium, lauded as the hallmark in movie effects and style. It has also led to a brief period where people were interested in the idea that this reality is merely a simulation controlled by some unknown entity. While many people think of this idea as merely a starting point for either a deep discussion on existentialism or a fountain of internet jokes, there have been some individuals who have taken this idea to heart and used it to justify their crimes. One of the first and most popular instances of this defense was with Ohio woman Tonda Lynn Ansley who shot and killed her landlady in 2002. She succesfully achieved a dismissal due to insanity thanks to her defense lawyers’ claim that she perceived this reality as being a virtual simulation in the Matrix, and even her actions aren’t real.This defense has surprisingly held up for a while, with related cases reaching the same verdicts for nearly a decade.

Sleeping on a Conviction

Sleepwalking is a serious condition that involves a person doing a complex action despite having minimal or no level of consciousness. While common among children, it is also prevalent in adults who suffer from heavy sleep deprivation. The lack of sleep and associated effects may be a reason why some people have claimed that they have no memory of committing severe crimes. Take Arizona native Steven Steinberg as an example. Steinberg stood trial for allegedly killing his wife in cold blood one night in 1981. Nonetheless, his  case was dismissed with no additional issues to worry about. The reason? His defense convinced the court that the act was committed in a state of intermittent sleepwalking as a result of stress caused by his wife. The case was not the first recorded instance of the sleepwalking defense in American court, but the factors around it helped it stand out among other similar instances.

Metered for Death

Fiction has been a major source of inspiration for many criminals over the years, with many ‘copycat’ cases following the precise steps undertaken in crime dramas, pulp novels and movies. Many cases go way beyond the Matrix case mentioned earlier, with suspects going as far as embodying the fictional characters themselves. Probably one of the most famous of these types of criminals is John Hinckley, Jr., who attempted to assassinate President Ronald Reagan in 1981. He claimed to have watched the classic psychological thriller Taxi Driver repeatedly, believed that he resonated with Robert de Niro’s character, and formed a stalker-like obsession with Jodie Foster. The assassination attempt was his idea of impressing Foster and getting her attention on the mistaken belief that he was becoming De Niro’s character brought to life. His testimony helped him secure a dismissal via insanity.

Brainstormed

This particular incident stands out from the previous cases because its circumstances would eventually be related to modern accepted legal precedents. In 1907, railroad coal business heir Harry Thaw stood trial for the murder of prominent architect Stanford White in 1906. Thaw shot White due to a sexual affair the latter had with his wife before they were married. Thaw was known for his severe mental episodes (dubbed ‘brain storms’ during the time) and overall unstable demeanor, but this was used by his defense to secure a dismissal for an otherwise solid murder conviction. The defense dubbed it dementia americana, ‘a species of insanity which makes every American believe his home to be sacred… [and] makes him believe his wife to be sacred’. Thaw’s lawyers argued that White trespassed on Mrs. Thaw’s purity, and Thaw had gone temporarily insane in a bid to defend what he believed to be his. While seemingly outrageous, the reasoning behind their dementia americana defense--about Thaw defending his property from unauthorized and provocative trespassing--would eventually apply to modern-day castle doctrine and stand-your-ground laws in many states across the country.

These are just a handful of unique criminal defense incidents that have resulted in dismissals for their defendants, which should not work under regular circumstances. These, however, are by no means a guideline on what to do if ever you have to face a major criminal charge. Always consult with your defense attorney before committing to any kind of plea or defense plan.