FREQUENTLY ASKED QUESTIONS
If an officer believes that someone they have detained (or are about to lawfully detain) might have a dangerous weapon, then the officer may search the person solely for the purpose of looking for a weapon. Otherwise, unless you consent to the search, officers usually cannot search you or your property without a warrant.
Even if your case is dismissed, the only way to completely clear your record from police and government databases is through the process of criminal record sealing. With more than 80% of employers conducting criminal background checks, it has become necessary to pursue record sealing in order to move forward in life. You will generally have the right to seal if your case was dismissed as a result of mistake or lack of probable cause. You will also have the right to seal if you are found “not guilty” after a trial. You may also be able to seal your record after a conviction depending on the crime you were convicted of and how long it has been since the conviction. A successful record sealing will allow you to legally tell employers, friends and family that you have not been convicted of a crime. You may become eligible for student loans, housing assistance and professional licenses and certificates as well.
If the tourist has a personal criminal defense attorney in his home state, is it still necessary to hire a local attorney?
Although it is possible for an out-of-state lawyer to request a permission from the courts to handle a particular case in Las Vegas, there’s a small chance that it will be approved. An out-of-state lawyer cannot represent him in court, unless he/she is licensed by the Nevada State Bar to practice law in Las Vegas Courts. Therefore, it is always better to hire a local lawyer who’s familiar with the court system, Judges and prosecutors in Las Vegas.
After you are arrested for a crime in Las Vegas, the police will take you to the station for booking and an initial court appearance. From there, you will typically be released if you can give the court an amount of money that is established for “posting bail”. In essence, you are giving the court money and promising that you will show up to all of your future court hearings. As a result, you will be free to leave the jail. The more serious the crime, the higher the bail. If the crime is very serious, the judge may not grant bail at all because the suspect is considered a “flight risk”. In this case, the suspect may be kept in custody throughout the duration of the trial.
Probation is a type of criminal sentence that allows a person to stay in the community rather than serve time in prison as long as he or she complies with certain conditions (like regularly reporting to a probation officer, refraining from alcohol and drugs, holding down a job, not associating with certain people and not committing further crimes). Parole is the supervised release of a prisoner from incarceration into the community before the end of his or her sentence or after a period of imprisonment has been completed. Conditions of parole are often similar to those of probation.
Everyone is entitled to post bail in Las Vegas, regardless of the person’s state of residence. The only exception is when a person is charged with murder or first degree kidnapping. Moreover, he can be granted with an “own recognizance” release. This means that he can be released without posting any bail, depending on the nature of his charge and criminal history. On the other hand, there are cases when a tourist will not be released because the Judge orders a house-arrest (while wearing a GPS bracelet), requiring him to have a residence in Las Vegas.
If you are convicted of a felony, the judge who sentences you will determine whether you go to prison or not. If the judge places you on probation, the judge will impose an underlying prison sentence, as probation is an alternative to prison. What this means is that the judge has suspended your prison sentence and has ordered you to follow specific probationary terms. Probationary terms include regularly reporting to a probation officer, attending rehabilitative and/or training programs, obtaining employment, obtaining a high school diploma or equivalency, and completing community service.
Whether you plan to plead guilty or not, we strongly recommend that you hire an experienced criminal defense attorney to protect all your valuable constitutional rights. It is never a good ideal to represent yourself in court. The person prosecuting you for committing a crime will be seeking severe penalties, with potentially unforeseen harsh consequences that you may not be aware of at the time of the prosecution of the case against you. We can represent you with the purpose of obtaining a more favorable outcome through negotiating your case, if possible, or through proceeding to trial, if necessary.
The difference is the amount of jail or prison time you might serve if you are convicted of a felony, gross misdemeanor or misdemeanor. A felony is punishable by a minimum of one year in prison. A gross misdemeanor is punishable by a maximum of one year in jail. A misdemeanor is punishable by a maximum of six months in jail. No matter what you are charged with, it is critical that you hire an experienced criminal defense lawyer as early on in the process as possible.
Whether it is before or after you are arrested, we advise that you never agree to speak with a police officer before consulting with and hiring an experienced attorney. In general, people do not always realize that they are not required to provide a statement (or confession) to law enforcement. You always have the right to remain silent, because anything you say can and will be used against you in court. You also have the right to a lawyer. It is critical that you clearly state to a police officer immediately when you are detained, that you will not agree to provide a statement, and that you want a lawyer. You should inform the officer of this as early on in the process as possible. Police officers, and then prosecutors, will use anything you say against you in court, which can adversely affect your case.
We can handle all criminal defense cases. Here is a list of some of the common types of cases we routinely handle:
- Violent crimes
- Sex crimes
- Drug crimes
- Weapons and firearms crimes
- White collar crimes/financial crimes
- Casino marker/bad checks
- Identity theft
- Battery/domestic violence
- Record sealing
- Traffic violations