Thursday, July 16, 2020

How Las Vegas Juvenile Detention Centers Work

Juvenile crimes in Las Vegas are handled differently from crimes committed by adults. Like in many other places across the country, Las Vegas juvenile offenders are processed through a juvenile court to have their cases and heard, and may face anything between home detention and a court-mandated community service program to work off their conviction. This is the case with many minor offenses like shoplifting, driving without a license or disturbing the peace.
However, there are situations where a simple house arrest may not be enough. Some juvenile offenders may be found guilty of more serious crimes, like robbery, physical assault or drunk driving. These cases require the attention of specialized facilities aimed at providing more in-depth support to help these wayward youths turn their lives around. Let’s take a closer look at how Las Vegas juvenile correctional centers work.

What Are Juvenile Detention Centers?

Adult offenders often have to serve their sentence wholly or partly within the confines of a prison facility. By law, juvenile offenders charged with serious crimes are not allowed to be detained in similar locations unless they are tried as adults. Instead, they are held at juvenile detention centers, either as temporary lodgements prior to a final judgement or as permanent holdings until the sentence has been completely served. This follows the principle of parens patriae, where the state has a duty to guide juvenile offenders and help them get back on the right track.
Juvenile detention centers have a variety of features and services designed to provide a rehabilitative rather than punitive program for underage offenders. Besides the presence of monitoring equipment and inidividual holding facilities, individuals have access to competent educational services, physical and mental health professionals, and vocational training programs that aim to give them an alternative to a life of crime. Note that these educational programs are not uniform and may vary from state to state. Additionally, some juvenile detention centers may also provide specialized facilities and personnel for handling juvenile delinquents with special needs.

Tenets of Juvenile Detention Centers

Juvenile detention centers were established based on tenets revolving around juvenile youth rehabilitation. These tenets include:
  • Temporary custody, providing short-term incarceration for wayward youths to give them ample time to rehabilitate and quickly reintegrate back into society.
  • Safe custody to keep the youth safe. The youth should feel safe from harm or possible retribution for his or her crime while in custody.
  • A restricted environment that limits the youth’s movement while still providing ample space to take action towards rehabilitation. Restriction depends on the level of the youth’s crime.
  • Community safety, or preventing the youth from causing further trouble towards other people.
  • The center will be a place where the youth can be properly detained pending legal action regarding his case.
  • Helpful resources should be available to provide detained youths with alternative methods of learning and livelihood.
  • Clinical sevices are provided to monitor a detained youth’s physical and mental well-being.

Juvenile Detention Centers in Las Vegas

Las Vegas does not have its own juvenile detention center per se. Instead, it has the Clark County Juvenile Detention Center, a juvenile correctional facility that provides services for all the locations within the county. It is a 192-bed facility with a mixed staff of correctionals officials, educators, medical professionals and vocational instructors.
This particular youth detention center offers traditional rehabilitory services like education programs, arts & crafts, and seminars on self-esteem and crime awareness. Detained youths can also sign up for yoga classes, listen to discussions regarding gang intervention and life skills, and delve into culture studies. Medical professionals care for the detained youths’ well-being, while correctional officials provide security and conduct risk assessment to determine if youths are free to go before or during their juvenile court hearing. 


Juvenile detention centers in Las Vegas are a vital part of the legal justice system in the city, providing a positive path for delinquent youths to turn away from their wayward actions and become productive members of society. If you still have questions regarding how juvenile detention centers operate, consult your local criminal defense attorney for more.

Wednesday, July 8, 2020

Five Bizarre Criminal Defenses That Worked in Court

Criminal defense can be a complex matter to people. In order to reach an acquittal for their clients, criminal defense attorneys have to painstakingly shuffle through files upon files of evidence for and against them, finding inconsistencies they can exploit or identifying key statements that can help prove their client’s innocence. In many cases, lawyers have to fall back on legal precedents or landmark judgements in the past to argue for their client’s acquittal.
However, there are some instances where the defense utilizes some unusual methods to attain a charge dismissal. These methods ranged from claims of witchcraft or spiritual possession in the past to odd but technically legal circumstances in the present. Listed below are a few of the more bizarre criminal defense that worked in a competent court of law.

Afflicted with the Richness

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

Just Like the Simulations

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

Sleeping on a Conviction

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

Metered for Death

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

Brainstormed

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

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

Friday, July 3, 2020

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.

Friday, June 26, 2020

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.

Monday, June 15, 2020

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.

Monday, May 18, 2020

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.

Tuesday, September 24, 2019

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.