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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.

Describing Domestic Violence and Elder Abuse in Nevada

Domestic violence is not limited to being directed at children, romantic partners, or spouses. Thanks to the vulnerability brought about by their advanced age, elder people are just as prone to domestic violence as anybody else, perhaps even more so. Such cases have been growing in recent years and remain to be a major contributor to reported domestic violence cases in the state.

Describing domestic violence and elder abuse in Nevada will give you a better understanding of how things work in the state for elder people affected by such crimes.

  • Domestic violence rules are still the same: it still involves performing acts of physical and mental maltreatment to a person related by blood or marriage
  • It still includes acts like assault, battery, threats, sexual assault, stalking, arson, larceny, unlawful detention, and more
  • The victim is a person 60 years of age or older
  • The person may or may not be able to perform tasks on their own
  • The penalties are largely the same, although certain circumstances can alter how the penalties are laid out
  • Failing or deliberately ignoring to meet the elderly’s needs is counted as gross negligence and can either be a misdemeanor or a category B felony, depending on how much suffering the victim experienced
  • Taking advantage of the victim’s vulnerability for the perpetrator’s financial gain counts as an exploitation offense and is counted as a class F felony

On Proving Guilt with a DUI Manslaughter Case in Nevada

Nevada takes its DUI crime cases seriously, enacting severe penalties to discourage future offenders and reform current ones. This goes doubly so if the case is a DUI manslaughter one, where another person suffers an injury or death as a result of impaired driving caused by alcohol.

When a traffic accident results in the death or bodily injury of another person, then a driving under the influence charge can be received. Victims of such an offense can be passengers, other drivers, or even passersby.

To have a DUI manslaughter case in Nevada, however, the prosecution must be able to prove causation leading to the event; that is, they must prove that the defendant imbibed alcohol or other intoxicating substances prior to the event, and that this has impaired their faculties enough to make them lose control of the vehicle. If they manage to find a direct link between the two, they have a better chance of getting a conviction.

The defendant  has the right to defend his liability for the incident by proving that something else caused the accident through the superseding-intervening cause. This clause states that something else intervened during the time of the alleged crime that led to the manslaughter or injury. Such causes may include errors on the side of the victim, a third party getting involved, or external factors beyond the control of both victim and defendant.

How Field Sobriety Tests Work in Nevada

The Field Sobriety Test is the evaluation that law enforcement officers do to people who are suspected of Driving under the Influence (DUI), to analyze if they are still capable of driving safely, considering that they will not endanger themselves and the other people on the road. These tests are usually done to evaluate one’s ability to concentrate, balance, multitask, and function as directed, characteristics that are usually impaired whenever one is under the influence or intoxicated. As in many states across the country, Nevada’s field sobriety test procedures follow the National Highway Traffic Safety Administration-approved method of field sobriety tests, which involve

  • 9-step heel-to-toe walks
  • one-legged stands
  • horizontal eye movement nystagmus test (checking for twitchy eye movement while following an object horizontally, usually a pen, thus earning it the nickname of the ‘pen test’)
  • feet together and head backwards
  • finger counting
  • Rhomberg stationary balance test (feet together, arms wide, and heads back with eyes up to the sky)
  • finger to nose

As a rule, when pulled over for a field sobriety test:

  • Keep calm and deal with the officer respectfully
  • Know your rights
  • Concentrate on the tasks at hand
  • Cooperate fully
  • Get in touch with a veteran DUI lawyer if about to be booked

Attorney Ross Goodman at your service

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With decades of experience in the field of law and other related areas that surely gives him more than a brand of expertise, Attorney Ross Goodman is truly a well-known criminal defense attorney in the state of Nevada who is trusted by countless of his past and present clients.

The will to serve his country and its citizens has always been evident by the decisions Goodman made. Hailing from a family of public servants, Goodman stamped his own take on their legacy by studying law in the University of Tulsa College of Law which he finished in 1995. Currently, Attorney Ross Goodman is an active legal man and has been the prime choice of many defendants across the state and even the country. He is also currently prominent in media, appearing in several news shows and print as legal advisor.

Attorney Ross Goodman knows how quick the world is evolving and he is surely game to catch up with it. You can now connect with him through his Facebook page among others of his official social media pages. And as someone in the legal field, he is also knowledgeable of people not quickly trusting on what they see in the television or the Internet. This is why Ross is very much thankful about the remarkable reviews of him that you can see on sites like Birdeye, Avvo, and Martindale which are all trustworthy legal sites. Ross wants you to do your research, especially if it is about the professional that will defend you in court. To learn further information about Ross, you can also check out sites with details about him such as Better Business Bureau and LawInfo.

Today, it is not difficult to find one that looks like he will help acquit you in court. The challenge is finding one that will actually do it not by pure chance but by his genuine capability in the discipline. Attorney Ross Goodman will attest to all of the information and statement that you see about him. This is a true characteristic of a public servant.

On Concealed Carry and Open Carry Laws in Las Vegas

Gun carry laws continue to be a hot topic in Nevada today. The Route 91 Harvest Music Festival is still fresh in the minds of many, and discussions are still ongoing about the merits of stricter carry laws in the state. To better understand the current situation of these gun carry laws in Las Vegas, it is good to give a refresher of how carry laws work in the state.

 

  • Nevada has long been an open-carry state. People can openly purchase, own, and carry their firearms throughout the state without needing a license to carry. It may not be unusual to see someone in the street packing heat in a holster. However, while open carrying comes down to personal discretion, establishments can opt to prohibit open carry on their premises, although there is no State-defined legal precedence for this. It is still advisable to honor their no-carry wishes, however.
  • The State’s concealed carry laws, on the other hand, require that the gun owner should obtain a permission to carry their firearm in a concealed manner before they can proceed to do so. Concealed firearms pose a greater threat than a person openly carrying his guns because the public cannot tell if he is armed or not. Concealed carry permits are usually preceded by officially sanctioned training before a permit can be issued. There are at least 31 other states that recognize a Nevada concealed carry license.

 

 

House Arrest in Clark County Detention Center

House Arresr Las Vegas Criminal Defense Attorney Ross Goodman

House arrest is a type of incarceration wherein the charged individual stays in his own home. However, this is not in any form a lighter penance as the property where he is staying will still be heavily guarded by detention officers. There are also strict laws such as boundaries and limits, which when violated, can lead to graver criminal consequences.

The Clark County Detention Center (CCDC) implements the Electronic Monitoring Program or commonly referred as house arrest, wherein a certain convict will be tagged with an electronic ankle bracelet that will monitor his moves and whereabouts. The said program is applicable to different cases depending on the magnitude and the factors involved.

Below are further pieces of information about house arrests in CCDC and how a criminal defense attorney can assist you on the program.

Qualification for House Arrest Program

House arrest is an alternative sentencing program decided by a judge. Usually, it applies to defendants who can post bail but have committed crimes that are too severe for them to be granted an immediate freedom.

Most of the time, the judge gives a house arrest sentencing to misdemeanor cases that are non-violent (like DUI) and to defendants who are not dangerous and not flight-risk. Cooperativeness and complying with all of the judge’s requirement will help influence a judge’s decision.

When granted of house arrest, CCDC’s Metropolitan Police Department will run the program, starting with the installation of the GPS-based electronic bracelet on the defendant’s ankle. CCDC uses a tamper-proof device that should be paid by the defendant.

The Electronic Monitoring Program starts immediately once the ankle bracelet is worn. Aside from the confinement, the defendant will have to undergo several rehabilitation programs in his own home.

Benefits to the community

House arrest is economical. With the growing number of inmates in CCDC and the Nevada State Prison, many judges are willing to put non-violent defendants under a monitoring program because at least $140 are spent on each inmate behind bars.

When defendants are confined in their homes, they are responsible for their own food, shelter, and other commodities, thus helping the CCDC and the entire community save not just money, but resources as well.

Conditions of house arrest

Depending on the case, an individual put down for house arrest can leave the house under strict monitoring. The court also lays down the places where someone in house arrest can go. Stopover is prohibited; otherwise, the Metropolitan Police Department will be notified to re-arrest the defendant.

The judge usually allows outdoor engagements such as:

  • Work and school
  • Court trials
  • Community service and counseling
  • Medical and lawyer appointments

Violation of the program

An ankle bracelet should be worn at all times by the defendant and should not be tampered. In Nevada, house arrests employ a non-tolerance policy, which means that once you violate the rules, you will be taken back to CCDC where you will spend the rest of your sentence. Additional sentences and payments for damages may also be charged to the offender in case he violates the rules.

Violations include:

  • Going beyond exclusion zones
  • Tampering or breaking the device
  • Breaking curfew

If a defendant has a DUI case, especially related with alcohol, a supplementary ankle bracelet called Secure Continuous Remote Alcohol Monitor (SCRAM) should also be worn by the defendant. Once it traces alcohol in the offender’s body system, the police will be alerted.

A house arrest is favorable for people who are charged of crimes but know that it does not erase the fact that they hold a criminal record. Meet with a criminal defense attorney today to help you get absolved of your charges today.

Las Vegas Criminal Defense Attorney Ross Goodman

520 S 4th St, Las Vegas, NV 89101, USA

702-383-5088