Category Archives: Criminal Defense Law

How to Seal a Nevada DUI Record

Criminal records have an adverse effect on somebody’s private life and career. As long as a person has an active rap sheet, their chances of getting meaningful employment, a new home, or even the right to vote get slimmer the more severe your criminal charge is. For a more specific example, reinstating your driver’s license can be difficult or outright impossible if you have an active DUI conviction in the books.

In Las Vegas and other areas of Nevada, being convicted of DUI means having it on active record for seven years before it becomes sealed, at least for misdemeanor charges. For felony DUI convictions, the record could be stuck on you forever. To avoid such a legal fate with its underlying repercussions, the client must learn how to seal a Nevada DUI record.

  • DUI records, or any other criminal records for that matter, do not automatically disappear after the prescribed period. The person of interest and his/her attorney must initiate the process to officially sealing those records.
  • The individual must obtain a copy of their full criminal record from the Las Vegas Metropolitan Police Department files.
  • Petitions and statements requesting the sealing of these records must be made to the concerned parties.
  • All necessary documents must be submitted to the Las Vegas District Attorney’s Office for their consideration. Failure to include all important documents can result in a rejection and may require the individual to wait for a given period before trying again.
  • An answer to this application should come out after several months. if approved, the records are immediately sealed from viewing, except by certain legal entities like the FBI.

For people trying to move forward after a DUI conviction, sealing records is a vital step to take. Consult with a Las Vegas criminal attorney to learn how to do this more efficiently.

What Happens to Embezzled Property in Nevada

Embezzlement as defined by the Nevada Revised Statutes (NRS) is a type of theft crime where 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.

Methods of Identity Theft in Nevada

Money and properties are not the only things that can be taken away from you; even your personal details can be exploited for further crimes that can go beyond your wildest expectations. Identity theft is prevalent in bustling societies where identity information is required to facilitate transactions. It is no surprise that Nevada has a serious theft crime problem, considering the transaction flow in the city.

Knowing what constitutes as identity theft is the first theft to protecting yourself against it; conversely, it can help you avoid making actions that can be construed as identity theft. Listed below are known methods of identity theft in Nevada:

  • Dumpster diving: scavenging any potential material for identification from trash bins, dumpsters, and other dumping spots. Anything from receipts to misplaced sensitive documents can be found through this method.
  • Phishing: unscrupulous individuals can illicitly obtain vital identity information from a person’s personal computer by means of illegal software posing as legitimate message attachments, which can automatically scan and send this information to the illicit parties once the program has been unknowingly activated.
  • Skimming: identity theft common with ATM cards, where unscrupulous individuals use special keyboards that can cover up the real keys, and have special keystroke recording capabilities that can ‘remember’ identity numbers and access codes.
  • Pre-Texting: illicit parties pose as representatives of either legitimate or fictitious organizations, claiming that their mark has won a sizable amount of money that they can only receive if they send their contact and bank information. The infamous ‘Nigerian Prince’ scam is a familiar example of this.
  • Actual Stealing: the hard and fast method of identity theft, which can range from basically pick-pocketing a person’s wallet to obtain credit card numbers and PINs, to breaking and entering into private properties to swipe away identity cards.

These are just some of the most prevalent identity theft methods that are prevalent in Nevada. If you are curious about other related crimes, it is advisable to consult a local criminal defense attorney for more information.

Five Common Internet Sex Crimes in Nevada

Rapid advancements in technology has made it easier for unscrupulous individuals to commit crimes while minimizing the chances of being apprehended and properly charged. One of these many crimes in the age of the internet are sex crimes. People can be baited, tricked, or coerced to create and proliferate sexual material, sometimes without their knowledge that such an act is taking place.

As state and federal authorities crack down on these illicit acts, it is best to know the five common internet sex crimes in Nevada so that you can prevent them, or know how to defend against them if you are charged with these crimes.

  1. Sexting: sharing lewd messages and images over the internet as a form of sexual gratification is permissible provided it is consensual between parties and no children are involved. Sharing lewd images of children amounts to child pornography; sending lewd images to children counts as lewdness with a minor; if all parties involved are minors or if it is the minor who sent out the images in the first place, it all falls under juvenile laws.
  2. Sextortion: blackmailing people by threatening to distribute obscene images online in exchange for favors or other forms of compensation.
  3. Sex trafficking: utilizing an online market to offer, purchase, and trade individuals for sex.
  4. Child pornography: creating, owning, and/or distributing pornographic material that involves individuals 16 years old and below.
  5. Sexual solicitation: offering sexual companionship in exchange for money or other material compensation.

These sexual crimes are common and it can be easy to pin you to a particular crime even if you did not commit anything. Always have a veteran defense attorney on call to defend you against these charges.

Arson as a Federal Crime

The legal definition of arson is the intended burning of a property, whether public or private, where the subject is scorched, charred or burned. On its own, arson is considered a severe state crime; in Nevada for example, even a fourth-degree arson charge counts as a category D felony.

With that in mind, one may ask: when do we count arson as a federal crime?

As in many state-level cases, arson can be elevated to a federal crime if the property involved is owned by the federal government. Title 20, section 107e of the federal code defines federal property as any land, building, or other real property owned, rented, or occupied by any federal agency. Also covered are materiel, munitions, and supplies that are used by US agencies within territorial waters, as described in Title 20, section 81. Therefore, willingly and knowingly setting fire to government offices, military installations and equipment, or federally-preserved wildlands automatically merit a federal arson charge.

Federal arson can also be accidentally committed if the accused does not know that they are burning federal property. For a state like Nevada, this can be a commonplace occurrence because the federal government owns vast swathes of land in the area for a number of vital reasons (economic, environmental, and military).

Being accused of arson is tough enough at the state level, but having it escalate to a federal court case can be difficult to recover from. Knowing what constitutes a federal arson charge is a first step to devising a solid legal defense against it.

What Involves a Drug Paraphernalia Possession Charge in Nevada

Aside from being charged for possession of drugs, you can also be charged for owning and using the devices needed to exploit them. This is called possession of drug paraphernalia in Las Vegas. Drug possession cases are rife in Nevada and it should be a given that these charges always follow.

What involves a drug paraphernalia possession charge in Nevada is not entirely complicated, but it helps to know the details involved so that you will know how to defend yourself if you ever are accused of such a crime in Las Vegas.

 

  • State laws define drug paraphernalia as equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.
  • It does not matter if you do not have drugs on hand when arrested, as long as you have the paraphernalia in your possession.
  • Conviction for possession of drug paraphernalia is affected by other factors, including
    • statement by the owner/s or previous user/s of the item/s
    • prior convictions of the owner or user
    • proximity of the object to the person of interest
    • presence of residue of any controlled substance on the object
    • direct or circumstantial evidence regarding the owner’s/user’s intent
    • manner in which the object was displayed
    • expert testimony concerning its use

There are other factors regarding possession of drug paraphernalia that require further discussion. Talk to a reputable Las Vegas defense attorney to learn more.

Wildlife Crimes in Nevada

Nevada is a state that is blessed with a diverse ecosystem, from its large deserts to its rocky peaks and everything in between. The Lake Mead National Recreation Area alone offers a glimpse into all the different natural environments existing throughout the state.

Sadly, such a diverse environment continues to attract the attention of unscrupulous individuals who wish to exploit the environment and the fauna that reside within. Over the years these individuals have contributed to a growing list of wildlife crimes in Nevada which have affected both the biodiversity in these ecosystems and have affected the livelihood of people connected to these fauna. A few of these wildlife crimes are listed below.

  • While hunting is legal in Nevada, there are limits that prevent people from going overboard, as well as restricted species that cannot be hunted, such as
    • Bighorn sheep
    • Mountain goat
    • Elk
    • Deer
    • Pronghorn antelope
    • Mountain lion
    • Black bear
  • Using illegal methods for hunting, such as firing from aircraft or hunting game outside of hunting season
  • Hunting endangered species in a wildlife preserve
  • Importing and trading game wildlife
  • Illegal possession of exotic wildlife
  • Vandalizing signs and warnings related to wildlife protection
  • Cutting or trimming of fauna without permission
  • Mutilation of fauna in State-preserved property

Knowing these crimes will help ordinary citizens, game hunters, and nature trekkers to avoid committing any of these acts by mistake.