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.

How a Litigation Is Considered Frivolous

Courts throughout the country handle scores of cases on a regular day, ranging from routine charges to landmark hearings. However, there are instances that the court receives a litigation that is so out-of-depth that it wastes the court's time and resources. These instances refer to a frivolous litigation, a kind of lawsuit, charge, or claim that lacks legal merit but is nonetheless submitted to the court for consideration.

There are many factors to help courts identify when a litigation is frivolous. A number of the most prominent ones are listed below.

Legal Fantasies

The first and most prominent factor for a frivolous claim is the lack of legal grounds to support the claim. This could either be due to the improper interpretation of a particular law, the citation of an outdated or unadopted law or amendment, or plain ignorance of established legal statutes. In extreme cases, the litigant adopts an absurd method of interpreting the law in the belief that it shields them from the effects of said law. Methods like specific capitalization, selective reading of court opinions on similar cases, and outright rejection of state and federal institutions as illegitimate are commonplace for frivolous litigants.

Outrageous Motions

These kinds of frivolous cases not only lack any legal merit but fly in the face of fact and common sense. Such kinds of litigation range from filing motions that are not recognized in any competent court of law, utilizing excess legal jargon even in the improper context, requesting extreme remedies for relatively minor crimes, or suing another party based on trivial, unrelated, or imagined matters. For example, a case where a customer sues a restaurant for failing to live up to a 'satisfaction guaranteed' motto and asking millions of dollars in damages payment can be considered frivolous due to the excess damages and the trivial 'offense' incurred.

Bad Faith

Some frivolous motions are not filed for their own merits. Often, there are frivolous lawsuits filed that are intentionally detrimental to another party, or to the court itself. These so-called 'bad faith' lawsuits aim to harass or embarrass the other party into cowering to their demands or leaving them be to pursue their unlawful actions. In many cases, bad faith lawsuits are filed to shut down the operations of the court or other government entity via a series of false and frivolous claims. Common bad faith litigants include tax protestors and anti-government entities who do not recognize state and Federal institutions and who only respect county-level law. Because of how such frivolous claims clog up the legal system and operational capability of government institutions, such actions are often called collectively as paper terrorism.

People should not take frivolous litigation lightly, even if most of the time they end up to be absurd and inconsequential. Conversely, don't let yourself become enjoined to a legal action that will end up being frivolous in the end. Always consult with a competent criminal defense lawyer before making any filings in court.

Explaining the Motion to Suppress Evidence

The guilt or innocence of a defendant in a criminal trial is dependent on several factors. However, one of the key items that can never be ignored is the evidence. Many classic criminal trials were decided on a single piece of evidence found at the scene of the crime, in an unexpected area far from the scene of the crime, or even in possession of the defendant. Such cases are prominent in both legal fiction and real-world newspaper stories about sensational crimes.

While evidence can play a huge part in deciding the outcome of a trial, there are many cases where such material may actually have no bearing on the case, or the evidence may actually not be admissible for use in the trial due to certain circumstances but the prosecution still insists on using it. In such situations, your criminal defense attorney will opt to file a motion to suppress evidence to protect you from being incriminated by such evidence.

What is a Motion to Suppress Evidence?

In US Law, a motion to suppress evidence is a legal motion filed by the defense requesting a court judge or jury to exclude certain pieces of evidence entered into the case’s legal record. The defense files this motion in the belief that some of the evidence against their client actually has no bearing on the crime they are charged with, was obtained in an extralegal manner, or that the process undertaken to obtain the evidence was unfair to the defense.

Note that a motion to supress evidence on extralegal grounds is not always granted by courts. There are instances where evidence obtained through illegal means may still be admitted for use in a trial under certain circumstances. These circumstances may include:

• the defendant’s legal standing was not violated when the evidence was obtained
• the discovery of the evidence was inevitable, thereby ruling its legality or illegality out of the question
• the level of illegality was of marginal importance
• the concerned law enforcer who obtained the evidence acted on good faith and was not in any way informed that the evidence would not hold on legal grounds otherwise

When is This Motion Applicable?

The most common cases where the motion to suppress evidence is filed usually involve unreasonable search and seizure situations. The Constitution protects individuals from such search and seizure situations as stipulated in the Fourth Amendment. However, the defendant must be able to prove that it was their rights that were violated and not someone else’s if they want to get their motion approved.

The motion is of course not just limited to Fourth Amendment-related complaints. Other situations where this motion is applicable may include:

• Illegal traffic stops
• entrapment operations for crimes like drug use and prostitution
• eyewitness identification
• law enforcement acting without legal grounds to do so
• Miranda rights violations

In general, the motion to suppress evidence is only valid and grantable if the situation satisfies the requirements of the Exclusionary Rule.

Why This Applies to You

Defending against severe criminal charges is hard, and your situation would just get worse if you have illegal evidence stacked against you. You have an inviolable right to a fair trial; using improper evidence is a major violation of that right.

The motion to suppress evidence is your first line of defense against a possible mistrial or wrongful conviction. It helps defendants deal with officers overstepping their authority, making it clear that their case was not properly processed. In the end, the primary purpose of a motion to suppress evidence is to ensure that you obtain a better chance at gaining an acquittal or dismissal by proving that the evidence against you should not be used in trial.

The motion to suppress evidence may be a potent tool against unlawful convictions, but it is not an end-all-be-all legal motion. There are still many factors that can lead to a failed motion, which can put you in an even worse legal situation. In the end, it is important that you communicate and work closely with your criminal defense attorney so he can guide you better through the legal proceedings.

Defenses Against Second DUI in Nevada

Another DUI (Driving Under the Influence) offense in Nevada within seven years after the first one is considered a second DUI violation. While not differing too much when it comes to penalties from the first one, a second DUI in Nevada still means a tarnish to your records and reputation. 

Carrying two DUIs is not something you should be proud of. Yes, you can seal the records after a few years but it is ultimately better to be cleared off any conviction in the first place. Go read this post to learn about the defenses that can help you avoid a second DUI conviction.

Definition of second DUI in Nevada

It is considered a second DUI in Nevadawhen you have committed the offense seven years after the first case had closed. Of course, to be arrested and charged with DUI in Nevada, you need to have had reached or went beyond a particular BAC (blood alcohol concentration level). It is 0.08 for alcohol while it varies for drugs.

When arrested for a second DUI in Nevada, there will always be a mandatory sentence that might last at least 10 days whether in jail or through a house arrest. You should also know that if your first DUI is a felony, you will automatically be indicted with a felony charge so take caution when handling this case.

Defenses you can use

Now, DUI cases, even if they are just misdemeanor cases, need to be managed along with a DUI lawyerif you want to get out of it unscathed. With this at hand, it is recommended to get a legal representation first if you have not already. 

Together with your counsel, you can do one of the basic defenses for a second DUI charge in Nevadawhich is challenging the entire procedure of your case starting from the arrest. You can cite unlawful stopping, police harassment, incoherent sobriety tests done on you, and the fact that the police does not have a probable cause of arresting you. 

Another defense is the usage of physical status at the time of the arrest. There are many factors that can increase your BAC level without you actually ingesting alcohol. If the DUI is drug-related, you can opt for the angle of unknowingly taking controlled substances or being under duress.

It might need an insurmountable amount of shreds of evidence and preparation but you can also argue that your first DUI sentence is not valid, just a reckless driving charge or is already way past of the statutes for your current case to be even considered as second DUI in Nevada.

Fighting a second DUI in Nevadais definitely a challenge as you already have the burden of the first offense on your shoulders but with the aid of strong defenses and a competent DUI lawyer it is definitely going to be more manageable.

How A Las Vegas Domestic Violence Lawyer Defends The Case Part 2

We tackled the basic information gathering process of a domestic abuse attorney. In this article, we will discuss more of what the accused usually have to say. The client's testimony to the lawyer is “important” in the defending process. It serves as the baseline for a further defense strategy. Listed below are some of the most common explanations of those accused of domestic violence when charged by the Law:

1.) What happened was an accident. I meant no harm. She slipped out on her own.

The lawyer will try to look for inconsistencies in the client's statement. Inconsistencies can lead to a poor defense. The lawyer will look at the actual facts such as: is the floor slippery? Are there slippery substances on the floor such as water, oil, etc? Are there any signs of struggle? Were there reports of blood stains on the client’s clothes?

2.) The victim is lying. It was all made-up, I never did anything that he/she said.

The lawyer will try to assess the client and the victim. The lawyer will look for inconsistencies by reading the police, media, and medical reports then compares it with the client's testimony. The lawyer can also interview the witnesses and the responding officer. The lawyer will find the inconsistency in the story of the victim and analyse the case thoroughly.

Example: the victim reported that the accused tried to stab him with a “kitchen” knife (notice the word kitchen). However, based on the police report, the Kitchen knives were left untouched.

3.) It wasn't me. I was not there at the crime scene. I was out shopping, etc.

The accused must tell the lawyer his/her exact whereabouts during the time of the crime. The location, place, the exact time, people he or she talked with or met, GPS location, etc. CCTV's at the alleged location will be reviewed, witnesses will be interviewed, and any physical evidence of the defendant's presence will be checked. Physical evidence includes hairs, smartphone locations, the vehicle used, etc.

4.) Yes I did it, but it was all victim's fault.

If the accused says that it was the victim who provoked the action, then the defending lawyer will try to look for supporting evidence such as: the mental health of the victim during the time of the event. Is the victim in medication? Is the victim has anger-management issues? Is she under the influence of alcohol or drugs? Did the victim admit that it was his/her fault?. The lawyer can also review the witnesses' testimonies that can help with the case.

The defense testimonies that are written here are just a few samples of the most recurring types of testimonies of the accused when charged with domestic violence according to most lawyers. There are still many defense scenarios in a domestic violence case and a good domestic violence lawyer successfully defends the case by utilising all the information regarding the case.

Las Vegas Domestic Violence Attorney Ross Goodman has an extensive background in criminal defense that has led him to the shortlist of Top Lawyers in Las Vegas. His defense strategies are guaranteed to produce positive results. Contact him now at (702) 383 - 5088 for a free consultation. His office is located at:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

How Las Vegas Domestic Violence Attorney Defends The Case Part 1:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Las Vegas domestic violence lawyers start off looking at domestic violence cases form a standard checklist which then evolves to a more deeper strategic legal defense that the lawyer decides to action. The attorney evaluates the case by reading the police reports, by inspecting the evidence, by interviewing the witnesses and by reviewing the media reports. The attorney then makes an assessment regarding the client's status, whether there is a strong chance of defending the case, or not. In this article, we will focus on the information gathering techniques of a family violence lawyer in Las Vegas:

• Was the victim or defendant high or intoxicated?

If the defendant was under the influence of drugs or alcohol during the incident. The lawyer can claim that the defendant`s account of the situation cannot be taken seriously.

• How fresh are the victim or defendant's wound, if none, what are the other signs of struggle?

Fresh wounds and signs of struggle can turn the favor against the defendant. If there are signs of injury or substantial bodily harm, the judge may impose additional penalties. The signs of struggle includes: blood or rips in clothes, scratches, etc. Substantial bodily harm are the following: burns, bruises, lacerations, broken bones, head injury, gunshot wounds, and any injury that require stitches.

• The victim and the defendant's emotional and mental state.

The emotional state of the victim and the defendant can also be used by the domestic violence lawyer. There is a defense called the “insanity defense”. Those who are labeled as “insane” by a psychiatrist are not reliable according to the State of Nevada. The law specifically states that there should be an “intent” to do the crime. Having a mental illness prohibits the defendant to “actually” know what they are doing. There is no “intent” present. Note* insanity defense can be hard to win, it requires testimony and a written report from a certified psychiatrist.

• What are the police reports? Are the police observation consistent with the defendant's?

The domestic violence lawyer would then get a personal copy of the police report. Police reports should be consistent with the defendant's report. The police report will be reviewed by the domestic violence lawyer. The lawyer would give legal advice based on the police report.

• What other physical evidence are there?

The list includes: broken phones, disconnected phone lines, broken appliances, blood stains, etc. The defense lawyer would study the evidence, try and connect the details, then take an appropriate course of legal action.

Hire a Domestic Violence Lawyer

If you are charged with domestic violence, you should hire a reputable lawyer to defend yourself. Attorney Ross Goodman is an experienced domestic violence lawyer in Las Vegas. He has handled numerous cases of domestic violence with amazing results. He will review your case rigorously and offer the best legal defense possible. Get a free consultation by calling the Goodman Law Group at (702) 383 – 5088.

The Impact of Domestic Violence Part 2: The Family and Their Community

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

In our previous article, we've talked about the effects of Domestic Violence on the victim, the children and the accused. Let us now discuss the effects of Domestic Violence to the family and the community:

Family

Domestic violence has a serious effect on the whole family as well. Here are a few examples:

• Family conflict – Families who experience domestic violence can lose the “bond” that they share. They might grow apart from each other, feel uncomfortable with each other, and can lose the “love” that they once shared. Couples usually end up in a divorce.

• Financial constraint – if both parents are working, the family income may be split in half. There is a great chance that the victim will shoulder the household expenses. If the victim's income will not be enough to support the whole family. The victim could end up borrowing money or applying for a loan. This often also leads to bankruptcy especially if the family has a lot of members.

• Involvement of local authorities – Protection orders can have a negative effect on the family. The children may feel intimidated by the presence of the police. The family as a whole can lose their privacy.

Community

• Bad advertisement – Any negative statistic impacts the community. If there is a high case of drug and alcohol use, the community can lose their real estate value. It can turn-away possible homeowners and investors.

• Crime rates – Children who grew up in a violent home may suffer from many behavioral problems such as poor social development, depression, anger, and anxiety. They are prone to join gangs, groups or clubs. They can also be involved in drugs, robberies, and sexual crimes.

• Healthcare cost – According to study, victims of domestic violence are paying 92% more on health care plans, due to frequent medications and medical consultations. The study is based on domestic violence victims vs random samples. 

• Economic cost – Poor job performance in relation to domestic violence is costly. Companies report that costs can reach to hundreds of millions every year. Poor performance can also lead to unemployment. Unemployment can lead to lesser tax for the local government and there will be an increase in subsidy.

Domestic violence should be taken seriously. It has a great impact to the family and the community.

If you know someone who is accused of domestic violence, contact a domestic abuse attorney in Las Vegas. Ross Goodman has extensive experience with domestic violence cases in Las Vegas, Nevada. Call Goodman Law Group at (702) 383 – 5088 for a free consultation.

Nevada Domestic Violence Statistics

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Nevada Network Against Domestic Violence (NNADV) is an organization that provides assistance to domestic violence victims. Every year, they collect and produce an annual report of domestic violence cases in Nevada. In this article, we will break down the important points in their annual report.

Here are the statistics provided by NNADV:

Total number of primary victims: 38042
Age	Female	Male
0 – 12	30	21
13 - 17	348	53
18 - 29	6439	508
30 - 44	12100	950
45 - 64	3391	752
65	825	167
Unknown Age	12431	27
Total	35564	2478

Location	Number of Victims
Carson	1347
Churchill	287
Clark	25349
Douglas	175
Elko	191
Esmeralda	1
Eureka	4
Humboldt	45
Lander	11
Lincoln	0
Lyon	176
Mineral	16
Nye	125
Pershing	19
Storey	13
Washoe	9674
White Pine	8
Unkown	421
Out of State	180
Total	38042

Let us break down the facts:

• The statistics say that there are over 38,000 of reported cases of domestic violence in Nevada.
• Women are more prone to the cases of domestic violence.
• Most of the domestic violence cases are committed by people in the “30 – 44” age bracket, with over 12,000 cases.
• There are over 12,000 people who do not want to disclose their age.
• For some reason, Clark County has the most number of reported cases. Lincoln has no reported case of domestic violence.

It is important to take note that the statistics are based on reported cases. There are victims who chose not to report their case. If you know someone who is a victim or charged with domestic violence, please contact a domestic violence lawyer in Las Vegas.

Hire Atty. Ross Goodman

Atty. Ross Goodman has an extensive experience with domestic violence cases. He also provides the best legal advises for his clients in Las Vegas. Call Ross Goodman at (702) 383 – 5088 for a free consultation.

Penalties of Violating a Restraining Order in Las Vegas Nevada

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

A crime is committed when an adversed party does not follow the conditions stated in the protection and restraining order. The penalties depend on the type of restraining order that is being violated – whether it is temporary or extended.

The Penalties

·         Violating a Temporary Restraining Order

A person who deliberately violates a temporary restraining order will face gross misdemeanor charges. A gross misdemeanor carries a penalty of not more than a year jail imprisonment. The violator can also pay fines up to $2,000.

·         Violating an Extended Restraining Order

It is considered a Category C Felony when a person purposely violates an extended restraining order. A Category C Felony carries a punishment of one to five years imprisonment in Nevada State Prison. The penalties also include fines up to $10,000.

·         Workplace Harrassment or Domestic Abuse

The adverse party will face misdemeanor charges if he/she intentionally violates a temporary or an extended restraining order against domestic exploitation or harrassment in the workplace. These misdemeanor charges carry fines of up to $1,000 and includes a jail detention of up to 6 months.

Note: Protection and Restraining orders from other states are issued with full faith and credit by their state laws. It means that out-of-state orders are treated and imposed by police officers just like the in-state orders.

Protection and Restraining Order Defense Attorney in Las Vegas, Nevada

A Las Vegas Domestic Violence Attorney can assist you in dealing with restraining orders. Ross Goodman is a domestic violence attorney in Las Vegas who can help you in the following ways:

·         File an appeal against the temporary or extended restraining order

·         Represent you well on the court and can tell your side of the story

·         Resolve your case without a trial through dismissal

·         Lessen the charges and penalties of violating a restraining order through plea bargaining

·         Defend you against the accusations and can find ways to get the restraining order lifted

Attorney Ross Goodman specializes in Criminal Cases in Las Vegas. Attorney Goodman has helped clients get reduced sentences, case dismissals and not-guilty verdicts. Just visit his office for consultation. 

Open Or Gross Lewdness in Las Vegas

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Open and gross lewdness is a serious allegation in Las Vegas Nevada. It is considered a gross misdemeanor or a category D felony depending on the circumstances. Knowing the law regarding open and gross lewdness can help a person avoid serious consequences.

What is Open and Gross Lewdness in Las Vegas, Nevada?

Under the Nevada State Law, open and gross lewdness is defined as:

·         Any deliberate sexual act performed either in public or in a private location where other people could still witness it.

This happens when a person does sexual acts explicitly in public. An example of this is when a man masturbates in front of his open window at home. Though the person is in a private place, the act is still done openly. Hence, a crime is committed. 

·         Any sexual encounter that is nonconsensual and is not considered as actual rape.

A person will be accused of open and gross lewdness if he/she allegedly touched another person in a sexual approach without consent. These sexual acts are not deemed as rape because it involves no penetration. An example of this is when a guy touches the breast or kisses the neck of a girl without consent. Since there is no penetration, the person will not be charged of rape.

Note: According to NRS 201.210, the breast feeding of a child by his/her mother is not considered as open or gross lewdness.

Is indecent exposure same with open and gross lewdness?

The two cases are different. Indecent exposure is the exposure of private body parts regardless of the person’s sexual interest. On the other hand, open and gross lewdness concerns mostly on sexual acts.

What are the penalties?

Here are the penalties that a person might face when charged with open and gross lewdness in Las Vegas, Nevada:

First Offense – it is considered as a gross misdemeanor

·         Jail time of one year

·         A maximum of $2,000 fine

·         Possible sex offender registration

Subsequent offense – it constitutes a Category D Felony

·         Imprisonment of one to four years

·         A maximum fine of $5,000

·         Possible sex offender registration

Sex Assault Lawyer in Las Vegas Nevada

An experienced Las Vegas sexual assault attorney like Ross Goodman can help you defend criminal charges including open and gross lewdness. With his years of experience, Ross Goodman can successfully dismiss or drop the charges against you.

If you or someone you know is facing open and gross lewdness case in Nevada, don’t hesitate to contact Ross Goodman at (702) 383 - 5088. 

Criminal Record Sealing in Nevada

Criminal records are public information. They can be easily accessed by anyone including government agencies, private companies and organizations. Criminal record sealing is a legal process done to conceal your legal charges from the database of criminal records in Nevada. All the details of the criminal proceedings will be treated as if they never happened.

Benefits of Criminal Record Sealing

                Criminal record sealing helps lessen the disadvantages of having a criminal record. This process returns your rights as a voter, your right to hold and keep an office, your right to become a panel on a jury and your right to have a clean criminal record for job opportunities. Therefore, when the person with a sealed criminal record applies for a job, he can write “no” to questions pertaining to criminal charges and convictions.

Reopening the Sealed Criminal Record

In Clark County Nevada, once sealed, the criminal information can never be reopened unless:

·         You petition the court to allow you review your own criminal record

·         You are subsequently arrested for the same violation or offense. Even if your case was dismissed before, it can still be reviewed by the latest prosecutor.

·         You were found guilty of the accusations. Prosecutors or those who are accused of the same offense may reopen your criminal record for reference.

·         An agency was given the permission by the court to inspect your criminal record for specific purposes such as issuing gaming licenses and the like.

“How can I be qualified for Criminal Record Sealing?”

                Every case is unique. If you have been acquitted, you may petition the court to seal your criminal record as soon as possible. If you were convicted of the charges, you may petition the court after a specific ‘waiting time’ and once you have been released from probation or after you have settled the fine required. The most serious felony cases require more or less 15 years of waiting time before the criminal record can be sealed. Within the said period of time, the person should not be arrested or accused of any offense except for minor traffic violations. However, even if you are eligible for criminal record sealing, the court is still “not obliged” to grant the process. It will always be on the discretion of the judge whether or not he will approve your petition.

Getting Help from a Criminal Defense Lawyer

                The good news is that a skilled and experienced criminal defense attorney like Ross Goodman can help you convince the court to grant the petition. You may also consult the defense lawyer if you are unsure whether or not your case is qualified for criminal record sealing. Call Ross at (702) 383 – 5088 for consultations.

The Basics of ‘Obscene Performance’ in Nevada

A person can be accused of being involved in an obscene performance if he ‘knowingly’ participated or engaged in the portrayal, depiction or exhibition of any obscene, indecent or immoral act or performance.

                The State of Nevada considers a performance obscene if it has the following criteria:

•        If an average person who bases his decisions on a general point of view finds that the performance under investigation attracts prurient interest; even when taken as a whole.
•        The performance, as a whole, lacks significant artistic, political, literary or scientific value.
•        The performance did atleast one of the following:

·         Depicted or described sexual acts – normal or perverted, actual or simulated – in an evidently offensive way.

·         Depicted or described masturbation, excretory functions, sadism or masochism undoubtedly in an offensive way.

·         Vulgarly or indecently exposed the genitals.

Penalties & Sanctions

            Obscene crimes fall under the misdemeanor category. This type is the least serious type of crimes thus it doesn’t have severe punishments. The standard penalty for such crimes is a fine worth $1,000 or less and/or up to 6 months in a county jail. The person charged with a misdemeanor crime can only plead to the court to seal his record after two years. Nevertheless, if the criminal defense lawyer is experienced, he can convince the court to dismiss the case or at least limit the punishment of the accused. Once this happens, the criminal defense attorney can also petition the court to seal the criminal record right away.

Defenses

            There are three common ways to defend a person accused for being involved in an obscene performance:

•        Insist that the accused did not act ‘knowingly’.

The full consent of the person who participated in an obscene performance is a requirement for this crime. Hence, if the criminal defense lawyer can prove that the person did not act according to his will, this type defense can subject the obscene case for dismissal.

•        Insist that the show is not ‘obscene’.

The obscenity of the performance or act is hard to prove because the opinions of people vary. The act may be coined offensive even if it’s not totally immoral. If the defense attorney can stand to this, the result of the case will usually be in favor of the defendant.

•        The performance is covered by the first amendment.

The U.S. Supreme Court declared in the first amendment that nude dancing can be considered as part of free expression. As long as there is no live sex and there are no children involved as performers or as part of the audience, chances are big that the act falls under legal grounds for obscene cases.

Are you accused of this crime? Call Ross Goodman, the most credible criminal defense attorney in Las Vegas, at (702) 383 – 5088 or visit Attorney Ross Goodman's Office.