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.

On Plea Deals for Juvenile Crimes in Las Vegas

A Las Vegas  juvenile crime court is a unique judicial facility with it own means of handling offenders. Its primary purpose is to help correct a juvenile offender’s actions, iit has no jury, and its penalties are not as punitive as regular courts. Commonly, these courts handle minor cases like petty larceny, vandalism of public property, or driving without a license, which have relatively minor penalties that most defendants can manage with.

However, there are rare instances where the full penalty may be too much for a juvenile defendant to handle. In such cases, the defendant may have to consider accepting a plea deal. Plea deals provide juvenile defenders with a way to avoid the full penalty if they are convicted, although they have to make some concessions to the prosecution in return. There is a reason why juvenile defense attorneys only suggest this move as a last resort.

Before considering the prospects of a plea deal for your Las Vegas juvenile crimes, you have to consider several factors that can affect you in the future.

Plea Bargains in a Juvenile Law Context

Generally speaking, the Nevada Revised Statutes defines plea bargaining as an agreement between the prosecution and the accused whereby the accused agrees to plead guilty or enter a plea of no contest to one or a few of the charges poised against him or her in exchange for reduced penalties, a shorter prison sentence, or in the case of a group crime, witness protection. Plea deals do not offer a chance for the total elimination of penalties, however, and the defendant will still have to serve time and pay restitutions where applicable.

In the case of juvenile offenses, the plea deal focuses on making the defendant admit that he or she committed the crime, in exchange for foregoing the need to go to court, as well as reduced penalties. In some situations, after the plea bargain has been finalized the defendant will not have to go through one of a group of juvenile correctional programs, either just attending a youth program, providing community service, or staying at home under close supervision by a guardian or parent. There may not be a need to go through all these at once if it is stipulated in the plea.

To Plea or Not To Plea

As stated earlier, plea deals require concessions on the part of the defendant in order to go through. While most of these concessions may be benign, the overarching issue is that agreeing to a plea deal automatically amounts to a guilty verdict in a person’s legal record. For a minor, this can have devastating effects for his or her future; his chances of achieving a decent college education, getting stable employment, and receiving other benefits become slim the moment that people see the court records. There has been some pushback against plea bargaining in juvenile courts because of this matter.

Conversely, a plea deal provides a defendant with a chance to avoid more severe penalties in the short term. A reduction in fines and time spent in correctional programs may be expected. For more serious juvenile crimes, there may be less time spent in a juvenile detention facility, or the time spent may be reduced to the aforementioned youth programs instead. For some youths who cannot afford to spend an extended period in a Las Vegas juvenile court, accepting a plea deal is a tempting prospect.

Always Consult

A plea deal is one of those binding legal agreements that have long-term repercussions for the defendant. Its outcomes can either be good or bad, and in some situations, it can be a mix of both. Remember that while it does handle some of the immediate problems that come with juvenile crime conviction in Las Vegas, it does not totally eliminate the long-term issues, like the aforementioned guilty mark on the defendant’s legal record.

Above all else, the defendant must consult closely with their juvenile defense attorney before making any drastic decisions. The lawyer has the most experience when it comes to handling these situations, and he or she has a better grasp of how the defendant is currently faring. Never go against what your defense lawyer advises you to do; if he or she believes that going through with the trial and denying the plea deal is the best course of action, take it. However, just remember to ask your lawyer about why a particular action should be taken so that you can understand its bearing on your case.

In the end, a plea bargain for juvenile crime in Nevada is still a double-edged sword; the only difference is which edge is sharper. Consider your options carefully before agreeing to any plea deal, and work closely with your juvenile crimes lawyer to help you make an informed decision.

The Increased Risk of Domestic Violence Cases During the Pandemic

The coronavirus pandemic has had an unprecedented and severe effect on the lives of many people, not just in Las Vegas, but all across the world at large. For several weeks people were forced to go out less or extensively stay at home in a bid to minimize the spread of this deadly virus. Businesses and public services were seriously disrupted as work hours were staggered or only essential people were called in for work. People had to fumble around with online communications just to get work or school done.

While the country is still dealing with the repercussions of this major medical event, there were other issues that brewed up during the period, and have just come to light. For instance, during the height of the lockdown period, there was a reported increase in domestic violence cases across various parts of the world, and in Las Vegas in particular. It is a serious development that can be of interest to domestic violence defense attorneys who are studying the repercussions of the virus lockdown on the field of criminal defense as a whole.

The Global Picture

One of the primary responses across the world to prevent the spread of the coronavirus is to advise their citizens to stay home. While it has contributed to slowing down the proliferation of the virus, it has led to negative repercussions across the board, like economic slowdowns, mental health issues, and socio-political disruption. Unfortunately, the stresses of being stuck at home for an extended period, as well as a reduction of work options, has led to friction between family members and eventually, more alleged instances of domestic violence.

National governments and non-profit groups reported a significant increase in domestic violence-related calls over the past two months. Many reported stress-induced incidents where their spouses or parents physically abused them as a means of channeling their frustrations caused by the lockdown. Other frequently-reported cases involve abusive and mentally dangerous individuals using the lockdown to detain victims against their will, using the lockdown as a valid excuse while their paranoia gets the best of them. The situation has reached such levels that even the UN Secretary-General appealed for these people to cease their actions as it was compounding an already-difficult situation.

The Situation at Home

The United States has not been spared this situation, with many states reporting increases in physical and sexual abuse in households affected by the pandemic. These reports range from verbal or physical threats for people trying to get out to purchase supplies on authorized times, to even attempted homicide with household implements and unregistered firearms. While there are locations that reported a decrease in domestic violence reports, law enforcement in said areas suspect that the pandemic has led to underreporting from possible victims.

In Las Vegas, the first phase of the city’s post-lockdown re-opening saw a substantial increase in domestic violence reports, with many of the incidents covering the lockdown period. Police and local volunteers expect the calls for help to increase further as time goes on. They are also looking into an increase of domestic abuse-related homicides in the city due to further repercussions brought about by the virus.

A Case Study for Defense Lawyers

Extended periods of confinement combined with reduced opportunities to grow financially have led to friction with family members during this lockdown period. While previous studies note that extended periods of family members staying together (such as during holidays or vacations) can lead to increased chances of domestic abuse, the virus lockdown offers a new perspective on situations that merit such accusations.

Defense attorneys will look to these incidents with a keener eye. They will have to determine if the effects of the pandemic can be a valid defense against a future domestic violence conviction. Related circumstances to such incidents--like the delayed request for help, available witnesses and evidence, and the motivations for both parties as colored by the lockdown--have a role to play in future cases that defense lawyers in Las Vegas and beyond will handle.

The coronavirus lockdown may have had a negative on people’s lives and may have led to an increase in certain crimes, but it has provided insight into new avenues that legal experts can learn from. This is invaluable knowledge moving forward, preparing defense attorneys for handling cases during and after major disasters.

On Domestic Violence Cases in Spring Valley, Nevada

Domestic violence is one of those crimes that aren’t always publicized because of the circumstances surrounding them. It can be hard to reveal that a person is involved in a domestic violence case because of the repercussions it can have with their public life, their connections to family and friends, and any possible future relationships. Other factors like the environment where the alleged domestic violence case or the background of the people involved may also come into play, making reporting and prosecuting such a case even more difficult.

For domestic violence attorneys, defending a client facing a domestic violence charge can be difficult if they have a reputable background or they come from relatively peaceful neighborhoods. Take Spring Valley, Nevada for instance; despite its idyllic suburban atmosphere, it still has its own share of crimes, and domestic violence is just one of them. Let’s take a look at domestic violence cases in Spring Valley, Nevada.

An Overview of The Town

Spring Valley, Nevada is an unincorporated town and census-designated place within the confines of Clark County. It grew up from the former Stardust International Speedway when Pardee Homes purchased the land and started development of the neighborhood in 1970. Reaching unincorporated town status in 1981 following the efforts of its first residents, the community now covers most of the southwest end of the Las Vegas Valley, a total of 33.4 square miles.

This unincorporated town may be a suburban zone, but it has a unique mix of living spaces and commercial hotspots. It is in close proximity to many of the top tourist destinations and commercial centers in Las Vegas. In fact, it is only two to three miles away from The Strip, giving residents easy access to many of the popular locations in the area. The place is also home to Las Vegas Chinatown, a community and commercial hub with a primarily Asian demographic. 

The Other Side of The Valley

Spring Valley may be the epitome of the cozy suburban neighborhood, but it is by no means the full picture. Even a seemingly peaceful community like this has its own share of crimes to deal with on the regular. Not surprising is that there is a disproportionately high number of property crimes in the neighborhood, with over 3,300 reported cases per annum. Theft, property damage or vandalism are far more commonly reported than most violent crimes in Spring Valley.

As a suburban neighborhood with a sizeable population, it can still be expected that the area can have one or two cases of domestic violence. With nearly 30,000 families, the chances that someone will get involved in a domestic violence case are pretty high. Some local anti-abuse advocates even believe the cases could go higher as a result of stress induced from the coronavirus lockdowns. The large percentage of young adults and middle-agers can also contribute to these cases.

Facing a Domestic Violence Charge in Spring Valley

Being charged with a domestic violence complaint in a community like Spring Valley is one of the worst situations a local can be put in, mostly because of the nature of the neighborhood. A conviction could lead to you being turned into a pariah, shunned by neighbors for tarnishing the community’s good name. You will want to avoid this as much as possible.

Domestic violence attorneys would advise their clients to seek ways to prove that their act was done in self-defense, was lawfully initiated, or was committed with no actual intent to harm. In most cases, what is claimed as domestic violence may actually just be a spur-of-the-moment act or is actually a reaction to a provocative act from the other party. The accused will have to look for evidence to show that the accuser is either mistaken about their complaint, or are intentionally lying to the court (a counterclaim of perjury may be served by the defendant in this case). 

If you want to live in a quiet suburban neighborhood close to the heart of Las Vegas, you can’t go wrong with Spring Valley. Just remember that even the most ideal communities can still have instances of crime and passion in them. If ever you get involved in such cases, remember that you have a reliable defense attorney on your side.

Is Forming a Gang in Nevada a Crime?

To directly respond to the question, the answer is it depends: forming a gang in Nevada is not in itself a crime, but forming a gang to do criminal acts and doing crime on behalf of the gang is. Moreover, there are many types of gangs in Nevada, and there is no way for the authorities to catch a gang in the act of forming the organization. If the authorities can control the formation of a gang, then the number of existing gangs in Nevada should be low-to-none. The simplest evidence lies in the fact that there approximately 20,000 street gang members in Las Vegas alone as of 2015. These gangs include white supremacist gangs, black gangs, Latino gangs, and Asian gangs. Sadly, most of these gangs qualify as criminal gangs and are actively performing gang crimes.

What is a criminal gang?

The federal laws and Nevada laws have different grounds for an organization to qualify as a criminal gang. The legal definition of a criminal gang under federal are is a group of five or more people that meet the following conditions:

• One of the group's primary purposes is to commit either (a) federal drug felonies that carry prison sentences of at least five years, or (b) federal violent felonies that involve the use of force against someone else;
• He group's members have engaged in a continuing series of drug or violent felonies in the last five years; and
• The group's activities affect interstate or foreign commerce

Note that if a gang has less than five members, has no criminal record in the past, and is not performing any violent or drug crime, then it cannot be considered as a criminal gang—it is, plainly and simply, just a regular street gang. So how about Nevada? The Nevada Revised Statutes define criminal gang as an organization which:

• Has a common name or identifying symbol,
• Has particular conduct, status, and customs indicative of it, and
• Has as one of its common activities engaging in criminal activity punishable as a felony.

Defenses and penalties for criminal gangs

Defenses and penalties for criminal gangs or gang members depend on the circumstances and pieces of evidence surrounding the case. Factors that need to be taken into consideration include questions “is the crime or felony committed by the gang (or gang member) a violation of the federal law or the state law?” and “did the defendant commit the felony on behalf of his/her gang?” If a defendant knowingly committed the crime on behalf or for the benefit of the gang s/he belongs to, an additional of one to 20 prison years may be imposed on his/her sentence as per the gang crime enhancement law.

DUI Rundown: The Effects of Certain Drugs to Your Driving

It is known that most drugs whether they are prescription or illegal could cause impairment to anyone who is driving a vehicle. In retrospect, too much drug intake could cause DUI (Driving under the Influence) of drugs and this article here is to refresh your knowledge of the certain drugs to help you avoid being indicted of it the future.

Prescription drugs

Prescription drugs are drugs prescribed by medical professionals and can be taken from pharmacies. However, despite them being approved by doctors, prescription drugs can also result to addiction and a lot of people use doctor shopping just to get drugs that are not actually prescribed to them. This is a violation of Nevada prescription drug laws.

Here are some of the prescription drugs that could impair your system and cause driving under the influence of drugs:

• Benzodiazepine – An anti-anxiety drug, benzodiazepine could render a person drowsy, dizzy, and feeling tired. Common forms of benzodiazepine are Valium and Xanax.
• Painkillers – Codeine, hydrocodone, and Vicodin are painkillers that cause lightheadedness, constipation, and overall difficulty to concentrate when taken on an excessive amount.
• Sleeping pills – As their name, sleeping pills dozes off a person and while usually taken at night, its effects could last until the next day when you are driving.
• Decongestants – Pills, nose drops, and liquids that are used to treat cold or allergies can be detrimental to drivers as it could cause sleepiness, irritation, and high blood pressure.

Illegal drugs

The following drugs are illegal in the State of Nevada for its strongly addicting properties that could really affect someone’s ability to drive.

• Cocaine – Short terms effects of cocaine include extreme euphoria, nausea, hallucination, and psychosis.
• Methamphetamine – A psychostimulant drug, methamphetamine or meth produces intense ecstasy which is the typical reason for many arrests of driving under the influence of drugs.
• Heroin – With heroin, breathing and heartbeats are slowed and one’s mental presence becomes unsteady.
• Marijuana – While recreational marijuana is legal in Las Vegas and the rest of Nevada, you still cannot drive while using it.

 

How is drug impairment measured?

When a police officer asks you to pull over, they usually already have some suspicions that you were driving under the influence of drugs. Field sobriety tests and chemical blood alcohol tests are some of the procedures taken to find out if you are actually drug-impaired, and written in the Nevada Revised Statutes is the amount of drugs found in your urine and blood that would mean your incrimination.

 

What happens if charged for drugged driving?

A first DUI caused by drugs is a misdemeanor in Nevada. This imposes a jail time of up to six months and fines that should not exceed $1,000. A second and third offense within seven years is a felony and it does not matter if it is a mild prescription drug or a robust illegal drug that you have taken, you can still be penalized depending on the frequency and the scale of your DUI offense.

With the help of a DUI lawyer in Las Vegas, your drugged driving charges could be lowered to reckless driving or be acquitted altogether. Get in touch with one now today to quickly solve your dilemmas of driving under the influence of drugs!