Category Archives: Criminal Defense Law

Is Vehicular Manslaughter Involuntary or Voluntary?

vehicular manslaughter

Killing a person with a vehicle could be a vehicular manslaughter in Nevada. And many believe that because the crime has the word manslaughter on it, it means that it can be either an involuntary or voluntary Nevada manslaughter with many leaning towards involuntary as it holds milder penalties. However, this is not exactly the case. Vehicular manslaughter in Nevada is set apart from these types of manslaughter and it is definitely different from a vehicular homicide. Here is a post that should help you understand better.

 

Is there a difference between vehicular homicide and vehicular manslaughter?

Yes. Vehicular homicide, according to Nevada Revised Statutes (NRS) section 484C.130, is committed when the person driving or in actual physical control of a vehicle is:

  • under the influence of liquor which is proven by a 0.08 blood and breath concentration level
  • under the influence of controlled substances
  • already convicted of at least three related offenses
  • the cause of death another person on or off the highways of Nevada

 

Basically, a vehicular homicide is what happens when there are aggravating factors to a vehicular manslaughter in Nevada which is the killing of a person caused by a vehicle collision or something similar.

 

Is vehicular manslaughter in Nevada an involuntary manslaughter?

As stated in NRS 200.040, vehicular manslaughter is not included in either an involuntary or voluntary Nevada manslaughter.

 

This means a defendant could not argue that the vehicular manslaughter was accidental or for this matter, voluntary. Vehicular manslaughter in Nevada is simply the murder of a person caused by negligence. A misdemeanor charge should be imposed on you if found guilty of vehicular manslaughter and this indicates up to six months in jail, fines of $1,000, and a license revocation of at least a year.

 

Typically, deaths caused by vehicles are accidents but they are still the result of a negligent action which is enough to make it a punishable offense. Defend yourself from the consequences of vehicular manslaughter or any type of manslaughter in Nevada with the assistance of a Las Vegas criminal defense attorney!

What is Evidentiary Breath Testing for DUI in Nevada?

As all of the states, Nevada requires evidentiary breath testing for anyone who is arrested for Driving Under the Influence (DUI) in all of its territories. But what really is evidentiary breath testing? How does it differ from other breath tests (or chemical tests)? And can you refuse them? Proceed to read the rest of the post for further information.

 

Purpose of evidentiary breath testing

From its name, the results of evidentiary breath testing are used as evidence once the case goes into trial. This is different from a preliminary breath testing which is performed when a person is pulled over, an evidentiary breath testing is usually done once under custody and through procedures that guarantee more accurate results. For the defendants that are also suspected to be high on drugs, they are also required to have an evidentiary blood testing.

 

The results of these tests can be used by the prosecutor to either press the defendant more to the charges or not go ahead with the case. It also is a basis of whether the Department of Motor Vehicles or DMV in Nevada will suspend the driver’s license of the alleged offender or not.

 

Penalties of refusal to evidentiary breath testing

As we have established, an evidentiary breath testing is vital for the legal proceedings to be completed. Total refusal to this is a violation of law. As according to the Implied Consent Law in Nevada which can be seen in the Nevada Revised Statutes or NRS 484C.160, anyone who drives or has a physical control of a vehicle “shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance…”.

 

Know that through this Implied Consent Law, a police officer could use force against the alleged offender. However, before this happens, they must warn them of the consequences such as the following penalties:

  • One-year suspension of driver’s license – this is when the defendant has not refused any chemical tests within seven years
  • Three-year suspension of driver’s license – this can be imposed if the driver already had his or her license suspended due to refusal to evidentiary breath testing within seven years

 

Due to inexperience with how DUI cases work and the confusion caused by the arrest, many defendants make the mistake of refusing an evidentiary breath testing. If you are one of them and you believe that you are falsely accused or not guilty of any charges at all then it is best you have a trusted DUI lawyer by your side.

Different Types of Controlled Substance Possession in Nevada

Owning or holding on to what Nevada considers as a controlled substance without proper prescription leads to a drug charge in Nevada. According to the Nevada Revised Statutes, a person who “knowingly or intentionally possesses a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician…” is guilty of certain punishments according to the type of controlled substance discovered. Read further for more information.

 

Types of substance possession

When arrested for possession of controlled substance, your drug chargeswill be classified into one of these certain nature of offenses:

 

1.  Actual possession of narcotics

This is the most common form of possession: when the substance is actually found on you, usually anywhere on your body, the clothes you are wearing, and the packs that you are carrying.

 

2.  Constructive possession of narcotics

This is when the controlled substance is found in a place that you own or have control over such as a house, a vehicle, and even rented storage areas.

 

3.  Joint possession of narcotics

It is joint possession of narcotics when two people share control of illegal drugs. Note that it does not matter whether you are using or not. The mere fact that you have knowledge that drugs are being stored by your friend on an area that you also own is an offense in Nevada.

 

Possession of drug charges

Like we said, penalties of a drug chargedepend largely on the Schedule of the drugs found on you.

 

Schedules I, II, III, IV

For a first and second offense on these schedules, a person will be imposed of category E felony in Nevada. One to four years in prison and a fine of not more than $5,000 are some of the punishment that category E felony entails. A third offense is a category D felony and apart from the fines that it entails, an additional $20,000 might be added.

 

Schedule V

Similar to the other Schedules, the first and second offense of this schedule is a category E felony while a third offense is also a category D felony but without added fines.

 

Marijuana

Anyone who is discovered of possessing one ounce or less or marijuana is guilty of misdemeanor for first and second offense. Gross misdemeanor for third offense and category E felony for fourth offense.

 

Possessing controlled substance is closely monitored and harshly penalized in Nevada as without doing so, a lot of people can long and ultimately be dependent on drugs. If faced with drug chargesin Nevada, know that you can fight for your freedom especially if the arrest was unlawful and the overall case is fabricated to suit a plaintiff’s accusations. Consult a drug defense lawyer today.

What Items are Considered as Drug Paraphernalia in Nevada?

Without drug paraphernalia, people cannot manufacture, transport, and use the substances themselves. This is the very reason why drug paraphernalia are also outlawed in Nevada.

 

According to Las Vegas and the State’s drug laws, if you are caught with kits and other equipment used to create drugs or to introduce drugs into the body, even with the absence of the drug itself, you can be penalized. Read further to learn the drug paraphernalia definitionand to know what is considered drug paraphernaliain Nevada.

 

Drug paraphernalia definition

An equipment, product, or material is considered as drug paraphernalia when they are used for planting, cultivating, harvesting, packaging, storing, ingesting, injecting, and inhaling drugs among others.

 

The Nevada Revised Statutes 453.554 provided a thorough list of what items can be considered as drug paraphernalia. Below are a few of the items mentioned.

  • Isomerization devices
  • Separation gins
  • Blenders
  • Bowls
  • Containers
  • Spoons
  • Capsules
  • Pipes
  • Bongs

 

Hypodermic syringes, needles, and other instruments used to dispense drugs through subcutaneous, intramuscular or intravenous is not included. This is because the Syringe Access Bill was enacted to help people buy syringes in case of emergency and be out of potential legal obligation.

 

For the full list, you can read the NRS Section here.

 

Despite this, the Nevada court will still look into other factors to see if anything discovered on your person or in your home can be treated as drug paraphernalia or if it is just a plain old item that happens to be within the place of arrest. The factors include:

  • Statements by the owner or anyone found in control of the item
  • Prior convictions
  • The proximity of the object to controlled substances
  • Residue of controlled substances found in the item
  • Other direct or circumstantial evidences

 

Penalties according to drug paraphernalia laws

Like we said, possessing drug paraphernalia even without the existence of drugs can mean an arrest and eventual conviction in Nevada. You will be sentenced with a misdemeanor charge if the items found in your possession are considered as drug paraphernalia which has up to six months in jail and fines of $1,000 as penalties.

 

To curb drugs, the State of Nevada is also vigilant against the tools that are used to administer them. If you are currently battling violation of drug paraphernalia lawsand you believe that the item confiscated from you is far from being one, let your voice be heard through the help of a criminal defense lawyer.

When is Incarceration Guaranteed on a Nevada DUI Case?

In Nevada, many are fearful that once they are charged for DUI (Driving under the Influence) it means an automatic term behind bars. While DUI cases in Nevada do have penalties of jail and prison time, most of them only exist for and have a lengthy period of time when the DUI case is most severe. If you are facing only a misdemeanor case, you should not worry too much as your trusted DUI lawyer can still find a way to ensure that you do not enter any detention cells.

 

Nevada DUI Penalties

A Las Vegas DUI first offense within seven years is a misdemeanor in Nevada and usually has a jail time of two days (mandatory) to six months. Sometimes, there is no jail time at all. Judges consider factors such as the amount of blood alcohol concentration (BAC) found in the body, the manner of the defendant’s driving, and whether there are children present in the car to decide if a jail detention is needed. Know that jail terms are usually only spent on local police headquarters while a prison term means lengthy incarceration in larger confinements such as the Nevada State Prison.

 

A second DUI in Nevada within seven years is still a misdemeanor and has ten days to six months of jail time or, alternatively, a house arrest. This is to ensure that the defendant does not drive again for a certain period of time until they recover from or realize their errors.

 

Now, a third DUI offense in Nevada within seven years after the second offense is a category B felony and it entails one to six years of prison time.

 

Cases with Automatic Incarceration

For cases that involve grave injuries, destruction of property, and death, harsher nature of incarceration will be imposed. Injury or death caused by first time DUI is a category B felony in Nevada and is comprised of an automatic prison time in the Nevada State Prison for two to 20 years.

 

Vehicular homicide is a different situation. It will only be brought down when the defendant already have three DUI convictions on his or her belt. Prison term of up to 25 years on the grounds of category A felony is what is waiting a defendant proven guilty of this.

 

Jail time alone is a pretty daunting predicament for one to face—imagine how worse a prison term would be. To avoid any of this happening to you, make sure you fortify yourself with a DUI lawyer that knows how to reduce your charges as much as possible, or abolish them altogether.

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.