What's the Difference Between Aggravating and Mitigating Factors in a Case?

 

If you’ve read transcripts of court proceedings or watched courtroom dramas, you might have heard the terms ‘aggravating factor’ and ‘mitigating factor’. They appear quite often in more serious criminal hearings, like sexual assault and murder cases.

These terms aren’t just legalese written in records for their own sake. They can affect the severity of a crime and a person’s guilt, and can lead to harsher or lighter punishments, depending on which is more plausible. Let’s look at the differences between Aggravating and Mitigating Factors in a case.

What’s Aggravating?

Aggravating factors increase the severity of a crime and a defendant’s guilt. An increasing number of these kinds of factors can elevate a charge from a lower classification to a higher one up the chain automatically. A confirmed link to the defendant could make it more difficult to have the charges dismissed.

Aggravating factors vary in level and severity depending on the case. They can be as simple as confirmed premeditation for the crime to the intentional use of deadly weapons and force. Other factors can also be taken into account, like an increased risk of re-offending, a previous criminal record, and the defendant’s current mental condition.

What’s Mitigating?

On the opposite end, mitigating factors intend to reduce the severity of a defendant's crime. A greater number of mitigating factors can lessen the impact of the charge and open the defendant to lesser penalties.

Much like aggravating factors, mitigating factors can vary in level depending on the charge. At worst, they can reduce your sentence; at best, they give you a chance to achieve a dismissal even for the worst crimes. Such factors may include the defendant’s background, circumstances out of the defendant’s control, or the defendant’s admission of guilt.

How They Interact

Both factors can affect the outcome of any criminal hearing significantly. As stated earlier, aggravating factors increase the severity of a crime, while mitigating factors reduce it. A defendant must always aim to have more mitigating factors to avoid the worst penalties and/or get a dismissal.

One must remember that Nevada courts must find enough aggravating factors before they can elevate a person’s sentence. Multiple mitigators can invalidate the effect of one heavy aggravating factor, protecting the defendant from the worst convictions. However, there are instances where the aggravating factor is so serious that no number of mitigating factors can reduce its effect.

Factors affecting your charge can spell the difference between a dismissal and a direct transfer to death row. Ask your legal counsel about how to handle these features in your case.

Why Getting Your Nevada Driving License Revoked is Worse than a Suspension

 

In a typical driving-related case, one of the most common penalties is to have your license suspended for a period of time. When the case is more severe, however, the DMV can have the defendant’s license revoked.

Some people may not understand the gravity of a license revocation. They may think that it’s basically just a suspension under a different name; however, it has worse consequences. Let’s see a few reasons why getting your driving license revoked in Nevada is worse than a suspension.

License Void

The way suspensions work is that you can expect to get it lifted later (although you will have to file paperwork to do so). While the suspension period may increase, you can still keep your own license at the end of it all.

In contrast, a revoked license is permanently rendered null and void. It loses all validity, thereby depriving you of the freedom to operate a motor vehicle in Nevada. You will have to go through the full application process again if you wish to regain a driving license. In addition, there is a cooldown period that you will have to let pass before you can re-apply; its length is affected by the severity of the crime committed.

Additional Provisions

Getting a new license after your old one can be more grueling when the DMV requires that you submit other related documents on top of the usual application forms. For example, they may require you to file an SR-22 insurance form to prove that you are capable of paying off any financial liabilities that may arise from future driving accidents.

On top of that, the DMV may require additional provisions before they grant you a new license. For example, you may be required to install a breath interlock device in your vehicle temporarily or permanently as a condition for keeping your license. Such situations are common in Nevada because many revoked licenses here are due to drunk driving-related incidents.

Refresher Course

As stated earlier, a driver with a revoked license will be required to apply for a new one after the prescribed period is complete. If the driver’s license has been revoked for at least a year before they re-apply, they may need to undergo certain tests before they can proceed. Some of these tests may include:

• Vision tests

• Written examination regarding road rules and safety

• Driving skill tests to determine whether or not you are still fit to drive

Other tests may be added as the situation demands. Note that the applicant may have to pay for some of these tests.

A revoked driving license can be a worse hassle than a simple suspension, both before and after the revocation period has passed. Avoid the extra hassle with the help of a competent driving crimes defense lawyer in Nevada.

Incarceration for Trans-Women in Nevada

 

Nevada’s prison system has set placements for all-male and all-female detainee populations. The state’s correctional facilities for women are on par with those for their male counterparts. Apart from a similar level of security and a greater number of female prison staff, detainees also have access to women-only services, like healthcare and pregnancy support.

But what about inmates who do not identify with either demographic? How does Nevada’s prison system handle the needs of, say, trans-women? Let’s take a closer look.

The Selection Process

A future detainee cannot be listed as a trans-woman on a claim alone. This usually needs to be determined through a physical and mental examination. The exams can be handled prior to or immediately after arriving at a prison facility.

 Even then, confirming their trans-woman status does not automatically merit a transfer to a different detention center. That decision falls to a non-conforming gender review committee assigned to the case by the Nevada Department of Corrections. The NGRC reviews the inmate’s situation and determines whether or not they should be moved. The situation progresses on a case-by-case basis, and the committee has the right to deny a transfer if they find any discrepancies.

What Trans-Women Get as Prisoners

Trans-women can be allowed to transfer to an all-women’s facility if the committee approves. Like regular female prisoners, trans-women detainees can also wear female prison wear, as well as female prisoner underwear. They also have direct access to women-only hygiene facilities.

In some cases, however, some compromises will be made to keep all prisoners comfortable. For example, a trans-woman detainee may be required to shower separately from other detainees (especially if they are kept in an all-male prison) or moved to a single-person cell.

Trans-Woman Detainee Health

Because of their unique circumstances, trans-woman detainees need a specialized medical program to be able to stay healthy inside prison. A medical provider will create a management plan to support the detainee’s physical and mental health. This specialized medical program often involves:

• regular hormone therapy

• psychotherapy

• regular mental checkups

• physical checks

• Annual visit from a provider to review their program

Nevada aims to accommodate the needs of its prisoners no matter what background or sexual orientation they may have. Consult your defense lawyer to learn more about what other prisoners you are afforded to you as a detainee in Nevada.

Four Benefits of Getting a Pardon in Las Vegas

 A pardon is a legally-binding declaration that absolves a convicted individual of a crime they committed against the state of Nevada. It is handed down by the state’s Pardon Board, a committee that includes the Governor, the Attorney-General, and the Justices of the Supreme Court. With a pardon, a convicted person is automatically freed from prison and can begin the slow process of recovering their life prior to their incarceration.

This legal process offers a number of benefits that can affect a formerly-convicted individual either immediately or in the long run. Let’s look at four benefits of getting a pardon in Las Vegas.

Regaining Your Rights

Criminal Convictions invalidate most civil rights that a person may have. These include the right to vote, to serve in a jury, to hold public office, to gain employment, and to own a firearm, among other things. A pardon allows the defendant to regain some of these rights lost, rebuilding a semblance of their pre-conviction life. Not all effects are instantaneous, however; the right to hold public office only returns at least four years after the pardon, for instance. 

Not all pardoned individuals can recover these rights immediately, however. Those facing category A felonies (or category B felonies that involved force and harm) or those who committed multiple felonies may have to appeal to the court that sentenced them with the crime. Pardoning also does not preclude sexual offenders from requiring to register.

Returning Job Opportunities

As stated in the previous section, conviction removes a person’s right to get a job. Convictions can affect everyone from entry-level laborers to high-end executives. A pardon allows the defendant to seek employment once again. Employers may require a person to attach a photocopy of their pardon orders to their application documents before being hired.

There are instances where a pardon does not equal an immediate return to being good to hire. Potential employers may mark off a pardoned individual if their moral character is still not up to snuff after the pardon. Certain professional boards may also deny the reinstatement of a person’s professional license after getting a pardon.

Witness Rights

A person with a prior criminal conviction is often a liability as a witness. The opposing lawyer may attack a person’s previous sentences to discredit their viability as a defense or prosecution witness, for example. A pardon invalidates any attempts to use their conviction to invalidate their witness testimony in a court of law. Note that this is also on a case-by-case basis; a court may throw out a pardoned person’s testimony depending on the circumstances.

Relief for Immigrants

Serious criminal offenses are oftentimes legal grounds to deport an immigrant. If the crime does not involve extradition to the immigrant’s home country, they can be sent back before or after their sentence is complete. Receiving a pardon gives the offending immigrant a better chance to avoid deportation and stay in the country. Note that it says ‘a chance to avoid deportation’; a pardon does not mean the immigrant will not be thrown out for other circumstances related to the crime. For example, the crime may reveal that the immigrant poses a domestic danger to the community even after they have been pardoned.

A legal pardon opens a lot of opportunities for a formerly-convicted individual to go back to their former lives. However, they also have their own drawbacks that may have to be addressed by other means.

Additional Tasks To Do When on OR Release

 

An own cognizance release is a legal process where a previously-booked defendant can avoid jail time and bail by submitting a written document guaranteeing that they will be on their best behavior outside of prison. The defendant swears on oath that they will follow all the rules of a defendant on bail while they are out of jail. In a way, it’s like being on bail without having to pay.

Usually, being on OR release means that the defendant must stay up to date with all court hearings and regularly report their whereabouts to a case officer monitoring them. Of course, there are other things a defendant may be required to do as part of their dues. Let’s look at some such tasks to do when on OR release.

Drug and/or Alcohol-related Items

This one is usually for those facing a DUI or drug case. The court will require the defendant to be clean or sober for the duration that they are out, except if they require to ingest prescription medication. They may also be required to strap on some alcohol and drug monitoring devices, as well as submit to surprise tests. The defendant may also be required to attempt a substance abuse rehab program even when the court hearing is in order.

Assault/Domestic Violence/Harassment Items

Defendants facing domestic violence and physical assault charges will be required to avoid getting in contact with other parties concerned to the case while they are out. They will also be barred from visiting locales related to the complaint, such as their place of residence (if they are married or living together), their place of work (if they are co-workers), or just about any place with many people (if they pose a risk to the public). In most extreme situations, the defendant may be put under home detention and only allowed to visit certain places under supervision.

Items Related to Law Enforcement

You can expect to be subjected to several police searches for the duration that you are out on OR rules. These searches do not require a search warrant, so avoid resisting if you do not wish to be arrested. You will also be required to report to a probation officer about your activities from time to time. Failure to do so can tip off the authorities that you are missing on your duties.

Miscellaneous Items

Certain cases that have OR options require other kinds of responsibilities so that the defendant can stay out of jail. For example, the defendant may be required to observe curfew hours for as long as they are required. They may also be required to avoid travel outside of Nevada, as well as wear a monitoring device to keep authorities in the know about their current location.

Different charges have different requirements for their OR releases to be granted. Talk to your lawyer about the different own recognizance requirements that you may need.

Review: Felony DUI Courts in Las Vegas

 

When a person is convicted in a Felony DUI complaint in Nevada, they can expect severe penalties and long prison sentences in their future. Of course, they will do all they can to dispute the charge and avoid all the punishment. It can and will be an uphill battle, however.

Luckily for you, the justice system offers an alternative to prison time and fines in the form of the felony DUI court. Let’s a take closer look at how felony DUI courts work in Las Vegas

Felony DUI Court?

A felony DUI court is a court-supervised alternative program for people facing drunk driving charges in Las Vegas. It is offered to defendants with three or more DUI convictions on their record but no prior related felony convictions. It offers counseling and rehabilitation to help individuals deal with their drunk driving problems, come clean and stay sober, as well as minimize the possibility of repeat offending in the future.

How Does it Work?

Despite its name, a felony DUI court operates like a standard rehabilitation and therapeutic program for recovering alcoholics. It does have the caveat that the defendant must undergo house arrest for a maximum of six months and wear a continuous alcohol monitoring anklet for the duration of the program or until required by the court. The program lasts between three and five years, depending on how severe the charge was.

As a standard, the intensive rehab program usually involves most if not all of the activities listed below:

• Regular urine drug/alcohol testing

• Individual and/or group counseling

• Mental health therapy

• Collaborative case management

• Outpatient services

• Weekly support group meetings

• Community supervision

• Regular court reporting

Additional Things to Remember

You will have to meet eligibility requirements to be admitted to a felony DUI court. These usually include:

• Minimum three DUI charges within the seven-year period

• Identified problems with alcohol/drugs

• Must not have prior felony DUI convictions

• Must not have completed the program before

Your participation is not free or subsidized. You will have to pay for all the fees, including court dues, house arrest, probation, treatment costs and the like. The current going rate is $554.60 a month for the entire program.

Felony DUI court is a viable alternative if you wish to avoid a lengthy prison stay. Consult your DUI lawyer to help weigh out your options. 

What is the 'Shared Fault' Clause?

 

One of the things you learn as part of Nevada’s road rules is that the state has an at-fault clause for road accidents. This means that the person responsible for the collision must pay out for the other parties’ fees out of their own insurance plans. They are legally obligated to do so; they can be prosecuted if they fail to do so.

As a fault state, Nevada requires responsible drivers to pay for any damages they have caused in a road accident. However, there are instances where both parties involved in a collision can be blamed for the incident. This situation is called a shared fault case.

What is Shared Fault?

Shared fault is a legal situation where all parties involved in a vehicular collision played a role in the accident. This means that even the supposed victim in the case is at fault for causing the collision in the first place. It is also referred to as comparative negligence in most jurisdictions.

Shared fault is assigned in terms of percentages. Shares vary from as small as 20 percent of damages to at most 50 percent damages due. The percentage share is assigned after a thorough investigation on all parties concerned.

Shared Fault in Nevada

Nevada has a modified shared fault rule when it comes to car accidents. It allows parties involved in a collision to recover some of the money they have to pay instead of handing out the full amount. That means all parties can receive restitution instead of just having one person responsible for paying for all the repairs.

As a rule, the shared fault clause in Nevada is in effect if all parties involved are responsible for less than 50 percent of the damages and wounds received. Note that the amount of damages each party can recover is inversely proportional to the percentage of damage that they are responsible for. For example, if a person is responsible for 30% of all damages inflicted during the accident, they can get back 70% of all the costs. Going over the 50% limit for damages invalidates any attempts to recover damages in Nevada.

Shared Fault and You

The shared fault clause reduces a person’s financial duties after an accident. Instead of shouldering the cost alone, all people involved in the accident will have to pool in, only paying for their part.

This could work well if you’re facing a criminal charge related to the accident, like a DUI or reckless driving complaint. You have less to worry about when it comes to legal fees, so you can focus most of your resources on the legal hearing instead of worrying about how much more to pay for the other party’s damages and wounds.

The shared fault clause is an important factor to consider when you’re involved in a road accident in Las Vegas. Contact a Las Vegas defense lawyer to learn more about how it can affect your DUI case.