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.

What Happens After a Domestic Violence Arrest in Nevada

An arrest for domestic violence follows the same procedure as any other seizure of an offender, the only difference is that domestic violence can be treated with caution and, sometimes, force when the perpetrator is seemingly violent. To know what happens and what one can do after one has been arrested, continue reading. 

Capture and booking

Unless the police have a probable cause to arrest you at once because of an immediate threat, an arrest warrant is needed before an official apprehension is carried out. A warrant of arrest will be issued if there is enough reason and concrete evidences. Police can do stakeouts if there are rumors of you being abusive to your family or apply for a warrant of arrest immediately when a victim shows up in the police headquarters and directly tells about a perpetrator’s abuse. Once the alleged abuser is in their hands, he or she will be taken for booking where he she will be inspected, where his or her personal information will be taken, and where he or she will be turned over for detention.

Rights of the arrested

As per the Miranda Rights, a person under arrest is entitled to keeping his or her mouth shut during the entire arrest and eventual booking. Of course, one has the right to an attorney who should help the accused and even supply the answers to the interrogating police. If dealing with a battery charge, an accused needs a domestic battery lawyer.

As the defendant, he or she also need to watch out for certain things that can be used later such as how the police treated the accused, how they went inside his or her house, and how they took evidence of domestic violence (if possible).

Arraignment and trials

A domestic violence arrest will not instantaneously turn into a trial. An arraignment or a hearing where all the charges will be explained to the defendant shall commence before the official legal proceeding. It is also in this phase where the defendant will have to plead guilty or not guilty. If he or she goes with not guilty, the case will proceed to trial. Here, the prosecutor shall prove the defendant is indeed guilty and in return the accused will dispute the claims through the use of pieces of evidence and defense statements.

If the defendant plead guilty, he or she will follow the plea bargain that preceded the decision. For example, a defendant pleads guilty of domestic violence, the charges will be reduced from felony to misdemeanor. Note that there should be enough basis for the judge to allow reduction of charges.

If there is one thing all this information denotes, it is that an accused needs a domestic battery lawyer by his or her side. A reputable one will ensure that all the steps that one will take are lawful and helpful to the case.

The Best Defenses Against Drug Trafficking in Nevada

Drug traffickingis arguably the most serious crime out of all the drug-related offenses not just in Nevada but also in the rest of the country. This is because drug trafficking is, in a sense, a distribution of the very instrument that could cause addiction (and, eventually, other crimes) and, ultimately, death. When you are charged with drug trafficking, know that the penalties that could be brought down on you can be painful and might cost you more than what you could bear. For example, having at least 400 grams of drugs found in Schedule II is a category A felony which entails a prison term of 15 years to life-imprisonment.

To avoid this, here are some fundamental defenses that you can study with your criminal defense lawyer.

The drugs do not belong to you

Substances that are not yours cannot be used to incriminate you. Backed by strong evidences, you can state in the court that the drugs belong to other people, a friend, a family, or someone you do not know. 

For example, you were driving a vehicle crossing states where cocaine is stashed in the dashboard compartment. Your denial that the drugs is not yours and you have no knowledge of it being in the car can be justified if you do not own the car and just happened to drive it during the day for some reason.

Unlawful search and seizure

Police misconduct can be used as a defense for drug traffickingin Nevada. It is unlawful for police officers to suddenly disrupt your walking or driving using excessive force as well barging into your home without proper search warrant. This is one of the most effective defenses you can use and can benefit you greatly if utilized well.

You were under duress

Sometimes, defendants of drug traffickingviolation are well aware of what they are doing but cannot do anything to stop it because their lives or other people’s lives are at risk. One example is a person kidnapped and ordered by a group of drug traffickers to act as a drug courier. If they refuse or run away, their lives or their family’s lives will be in danger. If this is your case, you have a good chance of being acquitted. 

Entrapment

Not dissimilar to unlawful search and seizure, entrapment is when the police trick someone into committing a crime. Planting drugs in their car and then following them around to seize them on what could be an “unsuspecting” time can be considered as entrapment.

Drugs do not weigh enough

For your offense to be considered as drug trafficking, the weight of the drugs you are alleged transporting must follow what the Nevada Drug Schedule had mandated. To illustrate: you were confronted by the police and then they found drugs in your pocket. For you to be arrested for drug trafficking, the drugs you were carrying must be at least 4 grams for Schedule 1, 28 grams for Schedule II, and 400 grams for Schedule III. 

When the weight of the drugs discovered on you does not reach the decreed range then you can only be charged with drug possession which has lesser penalties compared to a drug traffickingoffense. A third offense of drug possession will only give a year of prison term but would include fines that go up to $20,000. Still, that’s considerably better than the lowest drug trafficking offense. Read the complete version of the drug Schedules and the grams needed before you could be arrested for drug trafficking for reference.

Drug traffickingcharges, in spite of its stringency, can be avoided. All you need is a solid defense and a criminal defense attorneyt hat will effectively harness all your valid arguments. 

5 Possible Legal Defenses Against First DUI Offense

Everyone has the right to defend himself in the Nevada court of law in even when the case seems inescapable. For example, a DUI (Driving under the Influence) where your blood alcohol concentration level clearly shows that you are well above the BAC (blood alcohol concentration) limit. Now, how do you get out of a DUI?

Are you currently facing a Las Vegas first DUI offense? Read to find out the possible legal defenses your DUI lawyer and counsel can use to save you from conviction.

#1 Defective Blood Testing Equipment

When a police officer suspects that you are under the influence of drugs or alcohol while driving, you will be pulled over or confronted and carried over to the headquarters to have evidentiary blood testing. And since taking and examining blood requires complex equipment like a blood chemistry analyzer, there is a chance that the test can render false results.

#2 Unfit Test Handlers

It’s possible: people professionally handling and testing your blood or urine test may actually be incompetent for the job. You can cite mishandling of specimen or supposed specialists not having enough credentials as specific counter-arguments. When using this defense for your Las Vegas DUI first offense, it is imperative that you do thorough research of the company or the group that conducted your test.

#3 Lack of Probable Cause

Arrests should be done through probable cause or factors that show possibility of you committing a crime. For DUI, a police officer uses an erratic way of driving or your intoxicated appearance and behavior among others as reasons to seize you. If they do not exist, you can use this as defense. Police officer not actually on the scene and you being arrested when you just went out of a bar are some other angles of lack of probably cause that you can also consider. This should be one of the strongest solutions on how to get a DUI dismissed.

#4 Inadequate or Improper Sobriety Test

Also before an arrest, a police officer should perform several sobriety tests to prove that you are actually drunk or high. If you discover how disorderly or unlawful the sobriety tests are now that you know the law, you can use it as the key on how to get out of a DUI. A sample scenario: a police officer made you perform a one-leg stand sobriety test but in an unstable position and called it off before you even get started.

#5 Physical Condition of the Defendant

As we have established, breath, blood, and urine tests will not always be accurate and not only because of faulty equipment or inept test handlers, sometimes it is the physical state of the person that can badly influence them. The age, the gender, the food intake, and other elements can increase the BAC level of a person. This is perfectly acceptable for Las Vegas first DUI offenses and should be considered greatly if there are obvious physical evidences found on you.

A first DUI offense in Las Vegas should be a wakeup call to anyone who is recklessly driving in Nevada. To not make things worse for you, have a Las Vegas DUI lawyer by your side who can answer the question of how to get a DUI dismissed.

Intent on Battery Domestic Violence Cases

When a Las Vegas citizen is facing a battery domestic violence case, clear intent is required to convict him or her. A lot of instances of unintentional physical harm can be caused by accidents, if you believe this is how it is for your case, better get the help of a Las Vegas domestic battery lawyer to help you. Nevertheless, here are further information about the subject matter.

What is battery domestic violence?

Domestic violence consists of different elements of abuse that can be done to a person. One of the most common types of domestic abuse is battery or hitting, punching, kicking and even doing tricks to cause physical pain to a person. When you are found guilty of domestic violence carried out through battery for the first time, you could face misdemeanor charges. Now, if the offense was done for the third time in seven years, a category C felony which carries one to five years in prison, shall be imposed on you. Depending on how your domestic battery lawyer will plead your case, there is a chance that your charges will be reduced.

What is intent?

Intent is the motivation behind such actions of a person. Battery domestic violence cases require intent to be justified and the intent should be of malice or in a nature that is meant to harm a person through unwanted physical contact. However, even if there is no harm that befell a person, just the resolve to commit the act is enough to criminalize the defendant.

Having said that, the perpetrator of battery cannot be sentenced if there is no intent. You can cite this as a defense once in court. For example, at home you were swinging your arms for an exercise routine and you hit your wife in accident as she suddenly appeared. This cannot be used for your conviction as you have no way of knowing that your wife will turn up in time for the specific movement.

On the other hand, there are situations caused by negligence that could be considered as intent and be used to add to fuel your undesired criminal sentence. An example, you fail to return sharp objects scattered around the house after a construction project and your children get some cuts after stumbling on them. While you do not have any intention to harm your kids, you have the right mind to know that it can result to an accident, in one way or another.

There were at least 33 homicides in a domestic setting in Las Vegas last 2015 and we all know that these victims died due to battery. If you do not want to be a part of these staggering statistics, know that you can defend yourself with your domestic battery lawyer to come render innocent of the crimes. Intent is a powerful factor in battery domestic violence cases and if it is not ill in temperament or does not exist at all, you have a chance for acquittal.

Why Your Nevada DUI Record Sealing Request was Denied

For a person dealing with a Nevada DUI record (especially those affected by a third DUI conviction), record-sealing is a surefire way to help get their life back on track. Unless their criminal record is sealed, they will have a difficult time getting a job, applying for school or a bank account, or most importantly, reinstating their driving license. Record Sealing allows these individuals to remove the record from their personal file, enabling them to return to their normal life (although higher law enforcement still has access to it for future cases).

Unfortunately, there are many ways why your Nevada DUI record sealing request can be denied. A number of the most common reasons are listed below.

• The statutory length of time was not satisfied (NRS 245)
• There are other pending cases that have not been resolved
• For a former member of the armed forces, you have a Dishonorable Discharge on your record
• You were convicted of severe crimes like child abuse or sexual assault, and/or you are a registered sex offender
• Your petition was incomplete (either brought about by missing documents or other past cases were not included in the petition)

Keeping an eye out on possible hurdles to your record sealing petition is a must if you do not want to waste all your effort for nothing. Consult with a Las Vegas attorney to get a better idea of how to conduct a record sealing petition properly.

What Happens to Embezzled Property in Nevada

Embezzlement as defined by the Nevada Revised Statutes (NRS) is a type of theft crimewhere the thief steals money or properties of the company for their own good. Common examples are siphoning money from the cash register or surreptitiously taking goods from storage to be brought home later. There are also less prominent acts of embezzlement like deliberately defaulting on car rental dues.

Embezzlement comes with its prerequisite penalties for the convicted, including jail time and some severe fines. However, once and all is said done, one question reminds: What happens to embezzled property in Nevada?

• First and foremost, the property is seized by law enforcement as evidence during the embezzlement hearing. It will remain in the possession of the courts until the legal proceedings are complete.
• The owner of the embezzled property is notified through appropriate channels regarding the discovery of their possessions. They are also notified if the accused related to the case has been convicted, plans to prosecute fall through, and/or the case is dropped.
• The embezzled property is delivered to the owner by a peace officer. Usually the transfer is facilitated by the payment of appropriate court fees to release these objects to the original owner.
• Failure to claim the embezzled money or property within six months will mean the turnover to the county treasurer or sheriff of the metropolitan police where they will be put up for auction, be given to charity, or ultimately be destroyed if they are deemed illegal or harmful.

Embezzlement is a serious economic crime that has serious implications on both the convicted and the victim. Consult with a Las Vegas defense attorney if you wish to know more about this crime and how to avoid being accused of it.