Contending an Extended Protection Order for Domestic Violence in Las Vegas

In Las Vegas, A person who is charged with an Extended Protection Order (EPO) for domestic violence has to face numerous consequences. Here are some of them:

• You may be prevented from seeing your children and pets

• You may be sent away from your home

• You may be forbidden to use firearms 

• You may be required to pay for child support, mortgages, and other amount requested by the complainant

• The protective order can be used as an evidence against you in family law disputes

• Disqualification for employment and educational opportunities

Since Extended Protection Orders last for up to 1 year, the court provides the accused an opportunity for a hearing within 45 days after the EPO was filed. Otherwise, the court may not permit the petition. Once you were informed about the EPO in Las Vegas, NV., contact a Las Vegas domestic assault attorney as soon as possible to prevent the protective order from staying in effect for a long period of time. Remember not to violate any provision in the protective order for it can lead to heavier charges.

The EPO Hearing

The hearing for an EPO is a fast proceeding. Usually, the judge only takes 10-20 minutes to hear the sides of each party. The hearing is not meant to be a trial. Although you can present your case alone, it is advisable to hire a defense lawyer to be assured that you will be given a sufficient time for laying out your case. Keep in mind that you have to remain calm while in court. Any type of misbehavior can lead the judge to implement a permanent protection or restraining order against you.

How can a Domestic Violence Lawyer Help Me?

 

A domestic violence lawyer can help you be free from an extended protection order. He can deal with the law enforcers and the prosecutor on your behalf. He can also file a motion in court, can present defense witnesses, and also cross examine the complainant to strengthen your case. If there is a thin chance that your case will be dismissed, the domestic violence lawyer can still find ways to at least reduce the charges against you through plea bargaining. 

If you have been charged with an extended protection order, contact Atty. Ross Goodman right away. Ross is the most experienced domestic violence attorney in Las Vegas. You can reach him at (702) 383 - 5088 for consultation and inquiries.

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.

Penalties of Battery Domestic Violence in Nevada

Domestic violence happens when people deliberately commit “battery” against their cohabitants, former or current spouse/partners, or family. Battery means any willful and unlawful use of force or violence upon the person of another. Common examples of battery are pushing, any kind of hitting, burning, poisoning, strangling or any other type of unlawful force.

The penalties of battery domestic assault in Las Vegas depend on the case that a defendant is facing.

1^st Offense Penalties

A first offense of battery domestic violence within seven years includes penalties of:

·         A fine of $200 to $1,000

·         Jail imprisonment of 2 days to 6 months

·         48 to 120 hours of community service

·         A counseling about domestic violence at the defendant’s cost, for a minimum of 1 ½ hours/week (for 6 to 12 months)

2^nd Offense Penalties

A second battery domestic violence within seven years includes greater penalties than the 1^st offense.

·         10 days up to 6 months jail detention

·         a fine of $500 to $1,000

·         For 6 to 12 months, a required attendance to a domestic violence counseling for a minimum of 1½ hours/week paid by the defendant

·         community service of 100 to 200 hours

The first and second offense penalties are considered as misdemeanor provided that no deadly weapons, strangulation or any substantial bodily harm was involved.

3^rd Offense Penalties

The third offense penalties within the seven year period fall under the category C felony in Nevada law.

·         An imprisonment of 1 to 5 years

·         Up to $10, 000 fines

If the battery case involves strangulation, substantial bodily harm, or any deadly weapon, it constitutes a felony and the defendant might face greater punishments.

Battery With Strangulation (Category C Felony)

·         one to five years jail time

·         Obligatory fine of $15, 000

Battery With Deadly Weapon but Without Substantial Bodily Harm (Category B Felony)

·         Jail detention of two to ten years

·         Obligatory fine of $10,000

Battery With No Deadly Weapon but with Substantial Bodily Harm (Category C Felony)

·         Up to five years of stay in prison

·         $10,000 obligatory fine

Battery With Deadly Weapon and Substantial Bodily Harm (Category B Felony)

·         Two to ten years jail imprisonment

·         $10, 000 mandatory fine

Note: All penalties include an administrative assessment fee of $35 

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.

Cybercrime or Internet Crime in Las Vegas

Involving computers, networks and remote connections, Cybercrime and Internet Crime is a criminal activity that brings about hacking, Net fraud, phishing information, stolen data, cyber vandalism, piracy and illegal pornography.

The public is open to crimes as such almost as the same as physical crimes. Although they are hard to detect and screen, Nevada is on the rise against such crimes.

Nevada gets serious about Cybercrime

Las Vegas, Nevada is getting tight about such crimes. With some of the world’s best casinos, hotels and entertainment and tourism, it brings with it the need for better banking, faster online money transactions and there is a need for security. Even an attempt is taken up as a crime and depending upon the extent of the crime, it can be classified as a felony or a misdemeanor and there are sentences that can bring the guilty to imprisonment.

In 2012, the FBI received well over 262,813 complaints of Internet Crimes of identity theft and intrusions and hacks that totaled over $782 Million which was a whopping 48% incidences than 2011.

Daniel Bogden, the U.S. Attorney of Nevada said that Nevada will be making Cybercrime a priority, after cases of Cybercrime operations found in Las Vegas, Nevada.

In the last year, the news has been flooding with cases of international hacking of national and private data. Recently there were leaked Nude images of celebrities (Jennifer Lawrence, Kate Upton, Avril Lavigne to name a few) by hackers. Earlier this year, the bank JP Chase Morgan was hacked along with a few unnamed banks.  Home Depot claimed they had over 56 Million debit and credit cards stolen making this the largest case of security hacks in the world.

Cybercrime is a crime and is not taken lightly and there are serious legal consequences if charged with Cybercrime. 

If charged, in Las Vegas, Nevada, Contact Attorney Ross Goodman to seek the best possible defense. Call his office at - (702) 383 – 5088 or visit 520 South 4th Street Las Vegas, NV 89101

References:

http://www.reviewjournal.com/news/crime-courts/nevada-us-attorney-makes-cybercrime-priority

http://www.washingtonpost.com/news/morning-mix/wp/2014/09/02/leaked-nude-celebrity-photos-when-a-cybercrime-becomes-a-sex-crime/

http://www.consumeraffairs.com/news/jp-morgan-chase-hacked-plus-unnamed-other-banks-082914.html

Overcoming Fear Caused By Sexual Assault

Most victims of sexual offenses are deprived by their own selves of justice because suffering from a sexual crime results to a lot of negative effects. These can affect the victim’s way of thinking, attitude, and relationship with other people and results into fear of recalling that bad incident.

One of the most aggravating sexual crimes is sexual assault. If you become a victim of this crime or if you know someone who suffered from this offense in Las Vegas, you need a good sexual harassment lawyer like Attorney Ross Goodman to help you deal with the case without experiencing as much emotional pain as you experienced.

Defining Sexual Assault

A person is guilty of sexual assault if he has committed any unwanted sexual act to another person without the offended party’s consent. There are two degrees of sexual assault:  First and Second Degree.

Requirements for First Degree Sexual Assault:

• A person is involved in a sexual act with a child victim under the age of 13 years and the offender is at least 12 years old and is at least 4 years older than the victim of the crime.
• A person is involved in a sexual act with another person using force and the act is against the will of the other person and (1) the offender used a dangerous or deadly weapon or an item which the other person reasonably believes to be a dangerous or deadly weapon, or (2) he has caused serious personal injury upon the victim or another, by one or more other persons, or (c) if the person committed the offense assisted or encouraged by one or more other persons.

Requirements for First Degree Sexual Assault:

• A person is involved in a sexual act by using force and is against the will of the other person
• A person is involved in a sexual act with another person who has mental defects, who is mentally incapable, or is physically disabled, and the person performing the act knows or has an idea that the other person is mentally, or physically helpless.

Effects of Sexual Assault

There are a lot of negative effects of sexual assault to its victims. Some of these include shame, guilt, trauma, isolation, depression, engagement to vices, violence, sleep disorders, eating disorders, negative view of life, hatred of oneself, self-injury, different psychological disorders, and worse, suicide. Because most of these things can affect a lot of years or even the entire life of the victim, Goodman Law Group encourages victims of sexual assault to call for justice not only for peace of mind but also to prevent these abusive people from repeating their unlawful actions.

In this case, Goodman Law Group can help. By setting an appointment with our sexual assault lawyer, you can start letting go of one of the darkest moments of your life. Do not be afraid because we will win this fight for you.

If you want to know how we handle the cases, visit our review site and read our client reviews. Thanks for reading!

Fourth of July Shenanigans

Holidays are fun and all, especially for one of the largest and loudest days of the year, the Fourth of July. However, this also means that the police will be a lot stricter as they will be very busy and will be quick to make arrests just to manage the huge amount of calls throughout the day. While weeks has already passed at the time of this writing, anyone can still enjoy Independence Day next year without any problems by taking note of the information below.

Driving under the influence

The police will keep an eye out for people who are driving while intoxicated, so be careful when driving, particularly if you don't have any designated drivers. Alternatively, call a cab or a friend if a designated driver isn't possible, even if you know that you can still drive normally even after a couple of drinks.

Domestic violence

Aside from DUI, police have noted the increase of domestic violence calls during the holidays. These days often mean something significant to people, which results in heightened emotions for everyone involved. Because of this, the police will always take reports of domestic violence seriously.

Drugs

Police will also pay attention to reports of drug usage as well because drug traffickers and dealers see this as an opportunity because of the numerous parties and distractions throughout the day. Marijuana users, at least those who have a medical marijuana license usually don't have to worry, although some discretion is still advised when consuming them.

Fireworks

Most fireworks are still legal in Nevada, but concerned citizens will still report about them if they believe they are illegal or unsafe, so make sure to only use safe and legal fireworks, and use them appropriately.

Public disturbance

A raucous day like Independence Day will cause people to be louder and rowdier than usual, so take heed. The officers probably won't arrest anyone since most of these disturbances are minor.

If you or someone else was still arrested, please contact Attorney Ross Goodman at once. In any case, we wish you folks had a good time this year, and all the years after that as well.