Wrongfully Accused of Embezzlement

The popular perception of so-called “white-collar” crimes like embezzlement holds that the penalties for these crimes are minor. That is a false and dangerous perception. An embezzlement conviction can result in substantial criminal penalties, including hefty fines, restitution, and many years in jail.

If you’ve been falsely accused of embezzlement, the Nevada criminal defense attorneys at Adras & Altig, Attorneys at Law should be your first call. With more than 40 years of combined legal experience, our veteran lawyers understand what’s at stake in a situation like this. We take a team approach to all of our cases.

For us, it’s not about ego or the number of successful cases we have. It’s about getting the best results for our clients. To schedule your free case evaluation, call us or visit our contact page.

What Is Embezzlement Under Nevada Law?

Nevada law defines embezzlement as taking goods, money, or property “with the intent to steal it or to defraud the owner” by someone who’s been entrusted with it. Embezzlement is a form of theft. It occurs when someone steals from their employer or company, for example.

A simple example of embezzlement would be an employee using a company credit card to pay for personal items or expenses. The business entrusted that person with the company card for legitimate uses, but instead, they’ve used the card for personal gain.

How Do I Fight a False Accusation of Embezzlement?

To prove the crime of embezzlement, prosecutors must provide evidence that:

• A fiduciary relationship existed between the defendant and the person or business accusing them of embezzlement.
• The defendant obtained or stole the money, goods, or property through that fiduciary relationship.
• The defendant took ownership of the stolen goods or transferred ownership to another party.
• The defendant acted with the intent to commit a crime.

The need to prove intent is a crucial factor in many embezzlement cases, and many of the most common defenses against embezzlement focus on the intent angle.

Some of the most common defense strategies for embezzlement charges include:

• Showing that you acted under duress, meaning you seriously believed harm would come to you if you did not commit the crime.
• Showing that you did not act with the intent to commit the crime, or that you believed you were correctly following your employer’s instructions.
• Showing that you were mentally incapacitated and did not know that what you were doing was wrong. For example, you may have acted while under the influence of heavy medication.
• Showing that you were the victim of entrapment, meaning you were compelled to commit the crime due to the influence of law enforcement.

Do I Need an Embezzlement Lawyer?

Embezzlement is a misdemeanor crime if the value of the stolen property is below certain thresholds. At higher levels, the potential penalties for embezzlement include hefty fines and many years in prison.

With stakes that high, contacting an experienced criminal defense attorney is imperative when accused of embezzlement. If you’re charged with this crime, you need to start working on your defense strategy immediately. That means talking to a lawyer as soon as you can.

Get Help from Our Nevada Embezzlement Defense Lawyers

Don’t wait to act if you’re facing an embezzlement charge. Get in touch with our team today by calling us or visiting our contact page. We offer consultations that are free and completely confidential.

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How Much Jail Time Can a Juvenile Get for Stealing a Car?

Any juvenile who commits a crime in Nevada may face serious penalties in the juvenile justice system as a result. A conviction of any juvenile crime may have consequences that follow a minor for years, but how much time could a teen potentially get for stealing a car?

Below, we’ll explore this topic and potential defenses that could be used in a juvenile auto theft case. Read on or call us to find out more. We offer free and confidential consultations.

‘Joyride’ Versus ‘Grand Theft Auto’

Regardless of the value of a particular car, there is no such thing as the “petty theft” of an automobile. That means almost all forms of car theft are legally considered grand theft auto. Grand theft auto cases typically involve accusations of a person taking or attempting to take another individual’s car without the intention of returning it to the owner.

Like many states, however, Nevada makes a distinction between grand theft auto and joyriding.

Joyriding is a type of property crime, referred to as the “unlawful taking of a vehicle” in the Nevada Penal Code. In the eyes of the law, the main distinction between joyriding and grand theft auto is that in cases of joyriding, the person who takes a car does so without intending to keep it.

Can a Juvenile/Teen Go to Jail for Stealing a Car?

Grand theft auto is generally considered a more serious offense than joyriding, though the differences between each type of crime are subtle.

If you have been accused of grand theft auto, a juvenile criminal defense attorney can build a case to demonstrate that you had no intention of stealing a vehicle you may have taken. If successful, this could have a significant impact on the charges or sentences you may face.

Juvenile offenders are considered “delinquents” rather than criminals, though the punishments they may face for violations are often similar to those imposed on adults who are convicted of crimes. While juveniles convicted of theft are rarely sent to adult penitentiary facilities, they may very well be sentenced to time in juvenile detention if they are found guilty.

What Are Grand Theft Auto Penalties for a Juvenile?

Depending on the unique nature of your juvenile grand theft auto case, a conviction could lead to one or more of the following legal penalties:

• Fines – Common for juvenile theft crimes, but typically smaller than adult fines.

• Restitution – Payment for damages caused by juvenile violations.

• Counseling – Psychiatric therapy, evaluation, or commitment.

• Probation – Temporary, court-ordered supervision outside of detention facilities.
• Detention – Part-time or full-time confinement in a youth center or juvenile home. The court has the flexibility to determine a length of time that it deems appropriate.

Potential Defenses to Car Theft Charges

No matter how serious the allegations you face, an experienced Nevada juvenile criminal defense lawyer can help you craft a compelling defense and provide the best chance at a favorable outcome.

Some possible defenses your attorney may pursue for your juvenile car theft charges involve:

• Consent – If you can establish that you had the car owner’s consent to use or relocate their vehicle, you may be able to show that you committed no crime.
• Intent – You may also be able to prove that you did not intend to permanently remove the car from the owner’s possession, in which case your crime may be simple joyriding rather than grand theft.

Other issues may be involved in your case as well. For example, there could be problems with the way the police investigated the case that could lead to key evidence being thrown out.

Talk to a Juvenile Criminal Defense Lawyer Now

Any Nevada minor facing juvenile charges of grand theft auto or joyriding has the right to a compassionate and effective legal defense. If you or your minor child has been charged with auto theft in Las Vegas, NV reach out to criminal defense lawyers Adras & Altig by phone or contact us online to schedule your free initial consultation.

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Consequences of Not Returning a Rental Car

It happens. The car you’ve rented becomes so comfortable you wonder what would happen if you turned it in just a few minutes late. Minutes turn into hours; hours into days.

Months pass. You’re thinking by now the rental company – with gazillions of rental cars in its fleet – hasn’t even missed it. Then suddenly you’re pulled over by a police officer.

Busted.

You’re hit with utter panic and sheer dread. You’ll need back-up for this, serious back-up. Fortunately for you, Las Vegas criminal defense attorneys Adras & Altig are at the ready 24/7 to advocate for your rights and freedom.

Failure to Return a Rental Car

Things can get complicated under the laws of Nevada. There’s a distinction between stealing a vehicle, typically called “grand theft auto” or “grand larceny of a vehicle,” and the crime of stealing a rental vehicle, which is typically considered a form of embezzlement.

On the other hand, based on NRS 205.312, “embezzlement of a rental vehicle can occur if a person who has rented a vehicle willfully and intentionally fails to return the vehicle to the rental company or owner within 72 hours of the expiration of the rental agreement.”

Most companies offer a grace period between 29 minutes and 2.5 hours. If you realize you may be late, call the rental company as soon as possible. They can charge late fees, however, which tend to pile up.

What Are the Penalties for Rental Car Theft?

Stealing a rental car is classified in Nevada as a felony. It doesn’t matter if it’s grand theft auto or embezzlement of the vehicle.

As of last summer, the first offense for vehicle embezzlement (or criminally keeping a rental car after a contract) became classified as a category C felony, which can carry a sentence of at least one-year imprisonment and up to 5 years, along with a fine of up to $10,000.

A second offense within five years brings even stronger punishment. In any case, you may need to pay restitution to the rental company.

Legal Defenses If You’re Charged with Not Returning a Rental Car

You may have two primary defenses in a situation such as this:

• Lack of intent to steal. For example, if you rent a car, and a personal emergency arises that prevents you from returning the car on time, you might argue that you did not intend to keep it beyond the rental period.

• Establishing that you had consent. You’ll want to demonstrate the owner of the vehicle gave you consent to keep the car longer. You may have misunderstood when you called in to request an extension. Or there may have been a record-keeping error, for instance.

How Our Lawyers Help People Facing Charges Related to Not Returning a Rental Car

If you are accused of stealing a rental car in Nevada, don’t blow it off. Call our partners at Adras & Altig for a free case evaluation. We’ll bring to bear nearly 40 years of combined criminal experience to help you understand the charges you’re facing and your legal options.

Our clients say it best. They describe us as hard-nosed criminal defense attorneys who truly care about you. This is not just a numbers game for us. Using a team approach, we thrive on seeing our clients achieve the justice they deserve. For us, it’s less about ego and more about results.

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Tourist DUI Charges While in Las Vegas

Being charged with a DUI is a stressful event no matter where it happens. If you’re arrested while you’re traveling out of state, you may face another set of potential problems. That’s why the criminal defense attorneys at Adras & Altig put together this short guide to answer some of the basic questions you might have.

Our Las Vegas DUI lawyers have 40 years of combined legal experience, and our case results speak for themselves. Call us or visit our contact page to schedule a free case evaluation.

What Happens If an Out-of-State Driver Gets a Las Vegas DUI?

Regardless of where you’re from, the basics of a Las Vegas DUI charge are the same as a DUI charge in most other states. If you’re found to have a blood alcohol concentration (BAC) level of 0.08 percent or higher, you can be automatically charged with DUI “per se,” which means you’re charged simply because the blood test results were above the legal limit. However, you can still be charged with DUI even if you’re below the legal limit if police have other evidence of you driving while intoxicated.

The potential penalties for a first-time DUI in Las Vegas include:

• A $400 – $1,000 fine
• Jail time ranging from two days to six months
• Community service
• Having to enroll in an alcohol treatment program
• Having your driver’s license revoked
• Having an alcohol ignition interlock device placed on your car
• A criminal conviction on your permanent record

Will DUIs Be Reported From State to State?

There’s a good chance that a DUI in Las Vegas or elsewhere in Nevada will be reported to your home state. Most states are part of a group called the Interstate Driver License Compact, and members of the compact exchange data on DUI charges and other vehicular crimes.

If your home state and Nevada have similar laws and penalties for DUI infractions, you will likely face similar penalties in your home state as you would in Nevada, including having your driver’s license taken away.

How to Deal with a Nevada DUI When You’re From Another State

The good news about out-of-state DUI infractions is that, in most cases, you do not have to be physically present for court hearings and other legal matters. For first-time and second-time DUI charges (as long as the DUI did not result in serious injury or death), a Nevada lawyer can represent you in court. That means you likely won’t have to return to Las Vegas, NV for court proceedings.

If you reach a plea agreement with Nevada prosecutors, you can generally take care of the details through the mail. The only time you would be required to be present would be if your case goes to trial.

How Our Las Vegas DUI Defense Lawyers Can Help

If you’re an out-of-state visitor who’s been charged with DUI in Las Vegas, we would strongly recommend you hire a local defense lawyer.

Here are some of the things our DUI attorneys can do for you:

• Investigate your case to see if there were any issues with how law enforcement obtained your blood or breath sample, which may result in your case being thrown out
• Examine the case against you to see if we can get the charges against you dropped for other reasons
• Work to get you released on bail if you’re in police custody
• Negotiate with prosecutors to get you a fair plea agreement
• Represent you in court, so you don’t have to travel back to Nevada

An out-of-state DUI charge is a serious matter, and it won’t go away if you ignore it after returning to your home state. If you’re visiting Las Vegas, NV and have been charged with drunk driving, contact our team right away.

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How to Get a Gun Legally in Nevada

Vacationing in Nevada, moving there, or just planning ahead?

Travel with confidence. Learn about Nevada’s gun laws so you’ll know where you can and cannot buy, sell, and carry your firearm.

Gun laws vary from state to state and are overlaid by federal laws. They’re not for legal novices. They require experienced lawyers to interpret this sometimes conflicting legal morass.

At Adras & Altig, we understand that sometimes bad things happen to good people. If you’ve found yourself facing gun charges in Las Vegas or elsewhere in Nevada, call us or reach out online anytime. The initial consultation is free and always confidential.

Steps to Getting a Gun Legally in Nevada

Be prepared to wait. Gun sales and gun transfers require a dealer background check. Like many other states, Nevada is experiencing a backlog of background checks due to record volume related to the COVID-19 pandemic.

Follow these steps to buy a firearm in Nevada:

• Get a background check. You must be at least 18 years old to buy a firearm, and 21 for a handgun. Beyond that, there are broad categories of individuals who are prohibited from owning firearms. See more details in the section below.
• Assuming your background check was approved, purchase your gun at any Nevada dealer. As of January 2, 2020, a background check is also required to buy a gun privately from an individual.
  • Present a valid photo ID issued by the state of Nevada.
  • Background check not needed to buy ammunition.
  • You don’t need a license to possess a gun nor do you have to register it.
  • You don’t have to buy a gun right away. Each background check is valid for up to 30 days for a single transaction, which allows multiple guns to be bought.
• Keep firearms in a locked container that children can’t get into. 
• Disassemble or lock firearms before storing them. Get a safety kit with cable-style locks from the local police or sheriff’s department.

What Would Prevent Me from Legally Buying a Gun in Nevada?

If you fall into any of these categories, you may not own a firearm:

• You were convicted of a crime with a penalty of more than one year in jail.
• You are a fugitive from justice.
• You are an addict or an unlawful user of controlled substances.
• You have been found mentally defective or committed to a mental institution.
• You are in the U.S. illegally.
• You have a dishonorable discharge from the military.
• You have renounced your U.S. citizenship.
• You are subject to a restraining order for domestic violence.
• You have been convicted of domestic violence.
• You are under indictment for any crime that carries a penalty of more than one year in jail.

Out-of-State Residents Buying Guns in Nevada

Nevada gun laws apply to both in-state and out-of-state residents. Only non-Nevada residents who hold valid concealed carry weapon (CCW) permits from reciprocal states may carry concealed firearms in Nevada.

Carrying concealed firearms without a CCW permit is a category C felony. The penalty includes 1 to 5 years in prison and up to $10,000 in fines.

Do I Need a Permit to Own a Gun in Nevada?

Nevada law does not require gun owners to have a permit to purchase or carry rifles or shotguns, according to the National Rifle Association. Carrying a handgun, however, does require a permit.

Nevada Gun Laws Require Legal Expertise You Can Count On

If you’ve been arrested and charged with a weapons crime, don’t settle for a rookie lawyer. You need hard-nosed criminal defense attorneys who really care about you. For us, it’s not just a numbers game. It’s about people and results.

Contact Adras & Altig Attorneys At Law 24/7 and let’s start building your defense.

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What Is ‘White-Collar Crime’?

We’ve all heard the terms “blue collar” and “white collar,” usually referring to different kinds of jobs. But what does the term “white-collar” mean when it comes to criminal charges?

Someone in a suit might not be the first image that comes to mind when you think of a person charged with criminal activity. But the truth is that many crimes can happen in a professional or business setting – not in a dark alley or rough bar.

White-collar crimes generally rely on deceit or fraud, not physical force. Generally, the motivation in white-collar crimes is financial gain, either through scamming others for profit or by concealing certain behaviors that may impact a person or business’ financial situation.

White-collar crimes are usually committed by working professionals or people who are very wealthy, hence the name “white-collar crimes.” While white-collar crimes do not take the same physical toll as, say, physical assaults, they can be just as devastating. A fraud scheme may result in dozens or hundreds of families all losing their savings, dealing a massive blow to the community.

Most Common Types of White-Collar Crimes

White-collar crimes are usually financial in nature and involve some type of deceit or fraud.

Some of the most common white-collar crimes include:

• Tax evasion
• Embezzlement
• Securities fraud (for example, insider trading)
• Investment fraud (for example, pyramid and Ponzi schemes)
• Corporate fraud
• RICO charges
• Identity theft
• Insurance fraud
• Mortgage fraud
• Money laundering

These are just a handful of the most common types of white-collar crimes. If the crime is more based around making money and concealing bad behavior than using physical force to get something, it’s most likely a white-collar crime.

Some white-collar crimes may be related to other kinds of crime. For example, a white-collar crime might include laundering money for a drug cartel or operating business as a front for selling stolen property.

When to Contact a White-Collar Crime Criminal Defense Lawyer

It’s best to contact a criminal defense lawyer as soon as possible if you are accused of white-collar crime. If you wait until after charges have already been brought and made public, it may be too late to avoid significant financial losses and damage to your reputation, even if you are eventually cleared of any wrongdoing.

The criminal defense team at Adras & Altig is committed to providing aggressive, thorough legal representation for our clients. We take a team approach to our criminal defense cases, and we always put our clients ahead of our own egos.

We can initiate an internal investigation to see who may be responsible for any corporate wrongdoing, interview your employees and provide them with their own defense counsel (if necessary), mitigate the cost to you of any criminal investigation, and negotiate the terms of your cooperation with law enforcement (if necessary).

We know that your future and your freedom are at stake if you’re accused of white-collar crime, and we are ready to provide a vigorous criminal defense for you. Call us today at for your free case evaluation.

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Will Criminal Attorneys Come to Jail for an Initial Consultation?

If you’ve suddenly found yourself in jail, it can be a frightening and overwhelming experience – particularly if it’s the first time you’ve been arrested. You undoubtedly have questions, and you want to have a lawyer answer them.

But if you’re in jail, can an attorney come to meet you if you aren’t already their client? The law firm of Adras & Altig is here to answer any legal questions you may have related to criminal defense.

How and When to Get in Contact with a Criminal Defense Lawyer

Let’s answer the most important question: Yes, a criminal defense lawyer can visit you in jail for an initial consultation. Whether they will visit depends on the criminal defense attorney in question. Some attorneys will visit a prospective client in jail. Some charge a fee for their time, while others will make the trip for free.

Because someone can find themselves arrested at any time of day or night, some criminal defense firms are staffed 24/7 — including Adras & Altig. Our firm accepts collect calls from jail. Once you’ve contacted the firm, you can arrange for an attorney to visit you wherever you’re being held.

After the initial visit, you can arrange for calls or other in-person visits with your lawyer to stay updated on your case. You can also use the mail to communicate with your attorney, as legal correspondence is protected from search by jail officials, police, etc. Calls from jail, however, can be monitored and usually are. Keep phone conversations brief and keep sensitive topics to in-person meetings with your lawyer.

While it’s important to keep informed of your case as it’s progressing, keep in mind that your defense attorney will be doing research, attending court hearings, and doing other necessary work as part of preparing your defense. This means that in-person visits or calls may be relatively infrequent at times, though you should always contact your lawyer immediately if you have an urgent need.

Nevada Jail Visitation During COVID-19 Pandemic

There are some unique complications, at the moment, when it comes to jail visits because of the ongoing COVID-19 pandemic. As of March 7, 2020, the Nevada Department of Corrections has temporarily suspended all jail visits as a precautionary measure. This prohibition includes any visits between lawyers and their clients.

However, inmates are being allowed two free calls per week to stay in touch with family and friends, as well as talk to their legal representatives. Should the public health situation improve, it is possible that in-person jail visits could be restored.

The law firm of Adras & Altig continues to be available for all your criminal defense legal needs. You can reach our office 24/7, and we’re continuing to serve our clients remotely to accommodate social distancing guidelines.

Schedule your initial consultation by calling us or filling out the form on our contact page.

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Is Corporal Punishment Considered Child Abuse in Nevada?

It’s a fair question, right? The law is filled with inconsistencies and idiosyncrasies. So, it stands to reason that a controversial issue like corporal punishment would be anything but straightforward, especially here in Nevada.

Interestingly, whether corporal punishment qualifies as child abuse is often determined by who is doing it and where it’s being done. Corporal punishment is a patchwork quilt of laws, varying from one state to another, according to Psychology Today, a magazine designed to make psychology more understandable for the lay public.

Most states allow parents to discipline their children by spanking, which is defined as an open-handed strike with a hand to a child’s buttocks. In some states, this definition of spanking is the only legal form of corporal punishment. Others simply state that only “reasonable” or “moderate” disciplinary methods may be used.

This means that some of the forms of punishment you may have experienced as a child – such as being spanked with a wooden spoon, whipped with a belt, or hit with a shoe – may no longer be legal means of disciplining children in your state.

Additionally, it should be noted that if any kind of corporal punishment results in significant injury to your children – such as bruises, cuts, or an inability to sit down – then it will be considered child abuse, even if the method itself might otherwise be legal.

If you are dealing with a corporal punishment matter, get to know Adras & Altig, Attorneys at Law. We’re hard-nosed and practical, with the expertise and the experience to guide you through the legal process. We work as a team for your best interest. Our service area is convenient to everywhere, covering Las Vegas and nearby communities including Henderson, Boulder City, North Las Vegas, Spring Valley Township, Paradise, Winchester and more.

What Is Corporal Punishment?

In general, corporal punishment encompasses all types of physical punishment, including spanking, slapping, pinching, pulling, twisting, and hitting with an object. It also may include forcing a child to consume unpleasant substances such as soap, hot sauce, or hot pepper.

In the United States, it’s legal on a federal level. The topic is hotly and widely debated by parenting experts, psychologists and parents. Fueled by news stories about child abuse, many of those opposed to corporal punishment question whether it should remain legal and what steps could be taken to reduce incidents of physical abuse to children.

The American Academy of Pediatrics, which represents most of the nation’s practicing pediatricians, has taken a firm stance against any type of corporal punishment.

Nevertheless, paddling is still allowed in the public schools of 19 states, primarily in the South.

What Is the Corporal Punishment Law in Nevada?

Nevada state statutes define corporal punishment as “the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.”

The Nevada Department of Public Health and Wellness adds the following additional actions:

• Spanking, hitting, slapping, pinching, ear pulling, jabbing, shoving or choking
• Forcing a child to assume a position that becomes painful over time
• Confining a child in an uncomfortable space
• Denying bathroom privileges
• Forcing a child to eat a noxious substance, such as soap or dog food
• Withholding water and food

The agency is unequivocal in opposing the use of corporal punishment, saying that it can impair a child’s trust and confidence; spur humiliation, anger, and resentment; and cause a child to have trouble forming close relationships, especially intimate relationships, with others later in life.

Instead, the agency promotes the use of distraction, time out, talking about why a certain behavior is wrong and what can be done instead, discussing values, and creating consequences for actions that are unacceptable.

Positive reinforcement is suggested as a more effective alternative.

In school settings, corporal punishment has been outlawed in Nevada since 1993. The law is firm on this. Corporal punishment is, however, acceptable if meted out by the child’s parents with an intent to discipline. A physical attack is not classified as corporal punishment if the “attack” is used to obtain a deadly weapon from a student, stop a student from harming someone else, or in self-defense.

Differences Between Corporal Punishment and Child Abuse in Nevada

The law in Nevada permits parents to discipline their children by spanking as long as they don’t cause injury to the child. Corporal punishment is a justified discipline for unacceptable behavior. Child abuse is inflicting significant bodily injury upon a child.

It is important to be cautious and restrained in using corporal punishment sparingly without great force. It’s best to avoid leaving physical or emotional marks.

Parents have the authority, by law, to discipline their children and can even use spanking and hitting as long as they are not frequently inflicted or so strong that they lead to injury of the child. Child abuse causes mental and physical pain. It’s unpredictable and can be perpetrated by parents even when the child did not make any mistake.

Corporal punishment, on the other hand, is something you can justify because it disciplines a child. Unlike child abuse, they are not done habitually. They are performed only when a child needs to learn from a mistake.

Despite the evident differences, there are still many parents who do not know the difference between corporal punishment and child abuse in Nevada. They are just not aware that they have been causing too much physical and mental distress to their children. In a single recent year, 27 children died due to child abuse and other related domestic violence incidents in Las Vegas and surrounding areas.

This shows that child abuse is still rampant in Nevada. It can even increase as parents can mistake their abuse as an act of reasonable punishment.

Defending Against Child Abuse Accusations in Nevada

Defending yourself in child abuse cases is a scary thing, especially if child abuse was never your intention. But remember that you are entitled to a defense.

Some the defenses and arguments that you could raise in court to challenge the legitimacy of the charges include, for example:

• It is only corporal punishment. With the help of certain evidence, you may be able to show that what you did was an accepted form of corporal punishment in Nevada, and that there are no evident bruises or injuries seen on the body of the child, and that the child’s mental state is healthy as well.
• It was an accident. A child’s rowdiness can lead to accidents of their own making.
  • For example; you may be able to establish that a child’s broken arm was caused by a fall you had nothing to do with.

Contact an Experienced Criminal Defense Lawyer for a Free Consultation

If you are a parent who is accused of child abuse in Nevada, but you were merely disciplining your child through corporal punishment, defend yourself with the aid of a Las Vegas criminal defense attorney who understands the differences between corporal punishment and child abuse.

It’s an important distinction, and your future may hang in the balance. If you are convicted of child abuse, you could face jail time and significant fines. When your freedom is at stake, leave nothing to chance. Align yourself with the A-team of criminal defense – Adras & Altig. In Las Vegas, we’re known for results.

Contact us now for a free and confidential case review.

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FAQs About Nevada Arrests

Do you know your legal rights when it comes to search, detention, and questioning by the police? Below are answers to some of the questions the criminal defense lawyers at Adras & Altig get most often about Nevada arrests and individuals’ rights.

How Many Deaths Are Related to Arrests?

There is an average of over 130 arrest-related deaths (ARDs) each month across the United States. This includes people who die during any interactions with law enforcement, during the process of arrest or while in police custody.

The causes of death include:

• lethal force by police
• accidental deaths
• suicides
• medical conditions
• intoxication

What Is Unlawful Detention?

Unlawful detention is when a law enforcement officer holds you for an unreasonable amount of time without a legal reason. Detention is different from arrest. With detention, an officer can hold you for a “brief and cursory” period to ask you questions before either arresting you or letting you go free.

How to Know If You Are Being Illegally Detained

Under Nevada law, the police may only detain a person suspected of criminal behavior or of violating conditions of probation or parole for purposes of identifying the person and investigating the suspicious circumstances. The detained person is not required to answer any other questions besides ones about their identity.

However, unless the officer arrests the person for probable cause, then the detention cannot last longer than 60 minutes and it can’t extend to a location other than the original place of detainment.

Do the Police Always Need a Warrant to Do a Search?

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.

How Do You Find Out If Someone Has Been Arrested in Nevada?

If you think someone has been arrested in Nevada, contact the city or county where they were arrested. In the Las Vegas area, call the Clark County Detention Center or search their website to get information on people in custody.

Am I Allowed to Record Police Officers in Nevada?

Under the Nevada law, you are allowed to record police actions in a public space as long as you disclose that you are recording and you do not interfere with what the police are doing.

What Are the Demographic Characteristics of Juvenile Arrests?

According to the U.S. Department of Justice, there are over 725,000 juvenile arrests each year.

Of these arrests, over 70% of the youth are male and around 70% are age 15 or older. White youth account for over 60% of overall arrests, while minority youth account for over 50% of arrests for violent crimes, such as murder and robbery.

How to Talk to a Las Vegas Criminal Defense Attorney

If you were charged with a crime or you think you were illegally detained in Nevada, contact Adras & Altig immediately.

We are committed to standing up for the legal rights of people across Nevada.

Our experienced criminal defense lawyers truly care about our clients and we’re dedicated to helping them seek the best possible results. To schedule your free consultation and learn how we can help you, contact us today by phone or online.

You can find more answers to frequently asked questions here.

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We Are Answering Some Commonly Asked Questions about Nevada’s Gun Laws

With some new changes coming to Nevada’s gun laws in 2020, we are answering some frequently asked questions about firearms laws in the state.

 

 

How Are Nevada’s Gun Laws Changing in 2020?

Beginning on Jan. 1, 2020, an amendment to Assembly Bill 291 added what is popularly known as a “red flag law.” This allows a person’s family or household members to request that a court temporarily prohibit someone from accessing firearms based on concerns that the person poses a threat to themselves or others.

In addition to the new red flag law, Nevada is also closing the gun show loophole in 2020. The “gun show loophole” allowed private sales of firearms without the need to be a licensed firearms dealer or run a background check on the purchaser. Now, nearly all private gun sales will require a state background check run by a federally licensed firearms dealer.

How Strict Are Nevada’s Gun Laws?

Nevada’s gun laws are not as strict as some other states’ laws. For example, a person is not required to obtain a permit to purchase a rifle, shotgun, or handgun, or to possess a firearm. No permit is necessary to “open carry” a firearm in Nevada.

Nevada does require a permit for any person who wishes to “concealed carry” their firearm. Anyone conceal carrying a firearm in Nevada without a proper permit can be charged with a category C felony. However, Nevada is a “shall issue” state, meaning the county sheriff shall issue a concealed carry permit to any applicant who qualifies for the permit under state and federal law.

Does Las Vegas Allow Open Carry?

Nevada law does permit open carry of firearms without a permit in public, except where possession of firearms is otherwise prohibited by state or federal law, such as in:

• Airports (past security)
• Childcare facilities
• Schools
• Legislative buildings
• Post offices
• VA facilities
• Federal buildings
• Military bases
• Hoover Dam

Can a Non-Resident Carry a Gun in Nevada?

A non-resident may open carry a firearm in Nevada subject to the state’s open-carry laws. A non-resident may also conceal carry a gun in Nevada provided they have a concealed carry permit from a state in reciprocity with Nevada (meaning that state recognizes Nevada’s concealed carry permits in their state, and Nevada in exchange recognizes that state’s concealed carry permits in Nevada).

Can You Keep Your Gun in a Glove Box?

A person may keep their gun in the glove box of their vehicle, even if they do not have a concealed carry permit. A person without a concealed carry permit must keep their firearm visible while in their vehicle only if they are carrying the firearm on their person.

Can You Bring a Gun Into a Casino?

While it is legal to open carry a firearm into a casino or to conceal carry a firearm with proper permits, casinos have the right to ask you to either leave or disarm yourself if they discover you are armed, and most casinos will do so. It is not illegal to refuse to disarm yourself. However, if you are asked to leave because you are armed and refuse, you can be arrested for trespassing.

Do I Have to Register My Gun?

Registration of rifles, shotguns, or handguns is not required in Nevada.

How to Get a Concealed Firearm Permit

A person who wishes to obtain a concealed carry permit in Nevada must take a training course approved by a county sheriff prior to filing a permit application. The sheriff must issue a permit to any applicant who is qualified to possess a firearm under state and federal law. An applicant is qualified for a concealed carry permit if they are 21 years old or older and not a felon, fugitive, drug addict, adjudicated mentally ill person, undocumented immigrant, or convicted of a crime of domestic violence.

If you have questions about Nevada’s gun laws or have been charged with violating Nevada’s gun laws, contact the criminal defense attorneys of Adras & Altig today.

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Domestic Battery Cases Increase During Coronavirus Pandemic

We are living in unprecedented and uncertain times. The COVID-19 (coronavirus) pandemic has had enormous consequences on daily life, closing nightlife and recreation even in the nation’s entertainment capital. Las Vegas has been severely affected. With The Strip closed, many of our residents are out of work. Over 150 Nevadans have been killed by the virus.

The many stressors have ramped up tensions, even in healthy relationships. You may find yourself snapping when you don’t mean it, or arguing over small things. This context is ripe for hurt feelings.

In this situation, scared and stressed individuals may falsely accuse someone of domestic violence in order to settle a score. A domestic violence charge, however, can impact you for life.

If you’ve been accused of domestic violence in Las Vegas, you’re entitled to a thorough legal defense. At Adras & Altig, Attorneys at Law, our lawyers will treat you with the same care we would a family member. Don’t wait to begin the process of clearing your name. Contact Adras & Altig today.

What Are the Domestic Violence Laws in Las Vegas?

The main domestic violence law in Nevada is NRS 200.485. Under that statute, domestic battery is defined as “willful and unlawful use of force or violence upon the person of another.”

The law is purposefully broad. It encompasses any violence rather than defining the crime narrowly. Harmful behavior from slapping and biting to kicking and poisoning can be considered domestic battery.

Because the definition of domestic battery is so broad, it’s important to contact an attorney as soon as possible if you are accused of it. You may not have intended to hurt your partner or family member. That doesn’t matter under the law. You can still be charged with a serious crime.

At Adras & Altig, we’ll ask you to share all the details of your situation with us. We want to build a convincing case on your behalf, so that your charges are ultimately dismissed and you’re able to move on with your life. All your information is kept private and confidential. We’ll have a much better chance of helping you move on if you contact us soon, and give us as much information as possible to work with.

How ‘Sheltering in Place’ Affects Domestic Violence

COVID-19 and domestic violence may seem like unrelated problems. What does a disease have to do with intimate partner violence? Unfortunately, major news outlets have reported that stay-at-home orders, like “Operation Nevada,” are exacerbating existing domestic violence situations.

“Movement restrictions aimed to stop the spread of the coronavirus may be making violence in homes more frequent, more severe and more dangerous,” The New York Times reports. We’re all sacrificing our movement to ensure the safety of our state. But no individual should sacrifice their personal safety to stay at home.

In the event that you or someone you know is stuck in an unsafe domestic situation, contact the authorities. There are Nevada state laws meant to protect victims of abuse. Organizations exist to find housing and other support for those who need it.

Keep in mind, however, that not all personal conflicts rise to the level of domestic abuse. Sometimes, people in difficult relationships will accuse their partner of abuse in order to punish them. Former partners may report their ex to the police to get back at them after the breakup. In these situations, you need a domestic abuse defense attorney to help protect you from consequences, including jail time.

Can I Get Arrested for Domestic Violence During Coronavirus in Las Vegas?

If you’re wondering whether a domestic battery charge can be brought during the current lockdown, the answer is yes. Even though many emergency services are focused on public health, police are still enforcing the law and responding to domestic violence complaints. That means that you may still face arrest and its consequences if you cause violence in your home.

Domestic violence during the coronavirus is really no different from any other time. It can result in penalties, including jail time, community service, and fines. You can face misdemeanor charges for your first and second charges. If you are charged for a third time, a domestic battery conviction can result in a felony, from one to five years in prison, and up to $10,000 in fines.

If you’re in an unstable relationship and think your partner may accuse you of domestic violence, you may need to take steps to separate from them. That can be difficult given the stay-at-home orders, but your own safety and freedom may depend on it. If you are charged with domestic battery, our experienced attorneys at Adras & Altig can defend you.

What to Do If I Am Charged with Domestic Violence During the COVID-19 Crisis

If you face charges for domestic violence crimes, the best thing you can do is contact and hire a competent lawyer. In the meantime, here are some simple tips to remember.

• Keep your emotions under control. Reacting angrily or arguing with the arresting officer may result in more charges and damage your defense.
• Remember your rights. As a Nevada resident, you have the right to avoid self-incrimination and the right to remain silent. Use them! Don’t talk to a prosecutor, police officer, or any other authority figure more than you have to. Staying silent does not mean you think you’re guilty.
• Contact a lawyer as soon as you can. You have the right to hire an attorney to help mount your defense. Lawyers know how the law works and can defend you from unfounded accusations.

Contact Our Domestic Violence Defense Attorneys

If you’ve been accused of domestic abuse and are facing domestic violence charges, you need a knowledgeable criminal defense attorney. At Adras & Altig, we really care about our clients and believe they deserve a defense tailored to them. You’re not just a case number to us. You’re a person who deserves every chance at freedom.

We’ll work together with you to build a convincing defense on your behalf. We want results for you. Call us today to schedule a free case evaluation.

 

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Are DUI Checkpoints Unconstitutional?​​​​​​​

It’s no surprise that many people who visit or live in Las Vegas like to take advantage of all the city has to offer. They eat. They gamble. They drink. 

That last point can be a problem when the person also gets behind the wheel of a car. This is why sobriety checkpoints are so common in Las Vegas. You have rights, even when you’ve been stopped at a DUI checkpoint.

If you see flashing lights and a sign ahead of you, you may wonder, are DUI checkpoints legal? It could be tempting to just drive through or refuse to cooperate. Even if you haven’t had anything to drink that day, you may feel nervous about how they work.

At Adras & Altig, we don’t want anyone to drive under the influence of alcohol or drugs, but we’re prepared to defend you if you’ve been accused of doing so. You deserve qualified representation and good advice. There are some things you should know about Las Vegas checkpoints. Here are the basics.

Nevada DUI Checkpoint Laws

Like the rest of the country, Nevada is bound by the U.S. Supreme Court decision that made sobriety checkpoints legal nationwide. The federal case is known as Michigan Department of State Police v Sitz. Nevada has also instituted its own DUI checkpoint laws.

According to Nevada law NRS 484B.570, “police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose….”

In layman’s terms, that means that police can set up roadblocks as DUI checkpoints in Las Vegas. Area law enforcement agencies frequently choose to do so. It may feel like you’re being asked to stop for no reason, but Nevada state and federal laws say that you have to comply.

Sobriety Checkpoints & the Fourth Amendment

When you ask yourself, “Are DUI checkpoints legal?” you’re joining a large crowd. In fact, it’s something that legal scholars and constitutional experts debate to this day.

Despite 30 years of precedent, many drivers continue to believe that sobriety checkpoints should be unconstitutional. Some people think that the Fourth Amendment of the United States Constitution should protect Nevadans and all citizens of the United States from DUI checkpoints.

The Fourth Amendment protects Americans from unreasonable searches and seizures. People who focus on constitutional law argue that blanket stops like DUI checkpoints are unreasonable, and therefore should be excluded by the Fourth Amendment. In 1990, the Supreme Court disagreed. That’s why you can expect that sobriety checkpoints on Las Vegas roads will continue unless and until the court revisits the issue.

Penalties for Refusing or Driving Through a Checkpoint in Las Vegas

It’s probably not a good idea to bet on the Supreme Court overturning its precedent in time for you to skip a checkpoint. Nevada DUI checkpoint law institutes specific penalties for refusing or driving through the barrier. NRS 484B.580 makes it illegal to drive through a checkpoint in Nevada. You could be charged with a misdemeanor or felony for doing so, depending on whether you injure anyone in the process.

Speeding through a police barrier is a pretty extreme choice. You may think it would be better to just refuse a breathalyzer or field sobriety test. Unfortunately, that may backfire too.

NRS 484C.150 states that you give your implied consent when you get behind the wheel. You can lose your license for refusing, just like you would for being found guilty of driving under the influence. It’s safer to cooperate and contact a criminal defense lawyer to help defend you from the drunk driving allegation.

At Adras & Altig, we can defend your rights and help you keep your license.

What Are My Rights During a Field Sobriety Test?

You don’t lose all your rights just because you’re stopped at a checkpoint and the police administer a field sobriety test. You still have the right to not incriminate yourself, to remain silent, and to get a lawyer.

It’s important to cooperate with authorities to the extent required by law. You need to identify yourself by providing your license. Resisting or reacting violently will only result in additional, more serious charges. Instead, be polite, but remember your rights.

You should cooperate with the field sobriety test, but you don’t have to answer questions. If they ask if you’ve been drinking or smoking marijuana, you don’t have to answer. Instead, keep quiet and ask to call a lawyer.

If you didn’t drink but used prescribed or illegal drugs, you can still be charged with a DUI. Local outlet Fox 5 Vegas has reported that Nevada authorities are treating driving high with the same seriousness as drunk driving.

When you are stopped at a checkpoint, you can and should expect respect. The officers can’t act in a racist, sexist, or otherwise illegal manner. If they behave in any unprofessional manner you have the right to;

• ask the officer for their name and badge number
• you can also record them with your cell phone

Just remember to keep calm and behave respectfully.

Know When to Call a Las Vegas DUI Lawyer

It’s important to protect your rights after you’ve been accused of driving under the influence. After you’re stopped at a Vegas DUI checkpoint, call a qualified Nevada DUI lawyer, like ours at Adras & Altig.

If the officers violated your civil rights or inappropriately accused you of DUI despite your sobriety, we can mount a vigorous defense on your behalf. We’ll investigate your arrest and explore ways we can reduce your charges or even get them dropped. Field sobriety tests are debated by legal experts because some people consider them unfair. We’ll do everything in our power to defend you from unmerited charges.

If you’ve been stopped at a Nevada DUI checkpoint and need a qualified, thoughtful lawyer, we’ve got you covered. The respected attorneys at Adras & Altig want the best for our clients, and we know that you’re more than just a case number or a paycheck. As a firm, we work together as a team to ensure the best results for our clients.

Call us or contact us online now for a free case evaluation. Be sure to read our last blog about a special offer on misdemeanor fees here.

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Adras & Altig Offering Misdemeanor Fees of Only $1000 Through April

Many people in Nevada’s tourist industry are suddenly out of work and facing financial stress since the Nevada governor ordered the closure of hotels, casinos and non-essential businesses in Las Vegas for 30 days to prevent the spread of the Coronavirus (COVID-19). The Las Vegas Strip is dark for the first time in more than 50 years.

The Las Vegas criminal defense attorneys at Adras & Altig are sensitive to the fact that many people are experiencing financial hardship during these uncertain times. Some people who are facing financial hardship also are facing criminal charges and need a lawyer’s help.

Adras & Altig has decided to reduce the standard legal fee that the law firm charges to handle misdemeanor charges through the end of April. The coronavirus is a serious public health threat and is affecting all of us. The fee reduction is an acknowledgment of the financial hardship that many people in Las Vegas and Clark County are facing.

We are offering $1,500 off of our normal fees to represent clients facing a Las Vegas misdemeanor charge. During this stressful time, we will handle a misdemeanor charge for a flat fee of $1,000 rather than the normal fee of $2,500, a significant discount. You should not have to worry about criminal defense costs and how to afford a lawyer with so much else weighing on you.

In keeping with the public health directives to minimize public interaction, we are offering free initial consultations by phone or video chat to protect our clients and our staff from exposure to the coronavirus. We want to do everything within our power to help those in need and to contain the virus.

Discounted Legal Fees for Handling Misdemeanor Charges

Common types of misdemeanors in Nevada that our attorneys handle include:

• Traffic tickets
• Drunk driving
• Shoplifting
• Petty larceny
• Trespassing
• Solicitation of prostitution
• Breach of peace
• Simple battery
• Stalking
• Violation of a restraining order

We are committed to helping those who need the services of a criminal defense lawyer to resolve a misdemeanor charge. We totally understand that there are two sides to every criminal charge. Police rarely have all the facts when they make an arrest. You need a hardnosed criminal defense attorney to make sure your side of the story is heard. For a limited amount of time, that’s why our criminal defense lawyers at Adras & Altig are handling misdemeanor cases for a reduced fee.

Why Should You Hire an Experienced Criminal Defense Lawyer for a Misdemeanor Charge?

The experience and determination of the misdemeanor lawyer that you select can make all the difference in the outcome of your Las Vegas misdemeanor case. You want a knowledgeable criminal lawyer who will stand up for you and challenge inaccurate claims by the prosecutors and police.

Las Vegas Attorneys Paul J. Adras and Steven Altig work as a team and have more than 30 years of combined experience representing clients facing criminal charges.

If money is tight, you may wonder if you can get the court to appoint a public defender to represent you. A public defender may be an option if you are poor and have few assets.

But public defenders have heavy caseloads. If a public defender does represent you, he or she will have a very limited amount of time to devote to investigating and preparing your defense.

The state of Nevada expects you to retain an attorney if you can afford to do so.

A criminal defense attorney in private practice has a smaller caseload and can devote more time to each case.

The criminal attorneys at Adras & Altig devote the time needed to develop a solid defense strategy and seek the best outcome for you.

Possible Penalties for Conviction of a Misdemeanor

The possible penalties for conviction of a misdemeanor in Nevada are:

• Fines of up to $1,000
• Up to six months of misdemeanor jail time in Nevada.

While the penalties for misdemeanor convictions are typically less severe than felony convictions, they still can affect your life and liberty.

No matter how minor the offense seems, a misdemeanor conviction will remain on your record and have a negative impact on your life. A misdemeanor conviction can make it more difficult to obtain employment, secure credit or qualify for a bank loan. Any criminal conviction can also lead to increased penalties if you are convicted of a subsequent offense.

For all those reasons, it is important to hire an experienced criminal defense lawyer to defend your rights and seek the best outcome for you. Our criminal attorneys seek to have misdemeanor charges dismissed or reduced to minimize their impact.

Contact a Misdemeanor Defense Lawyer

Whether you are facing a misdemeanor charge or a felony charge in Clark County, you need experienced legal guidance to navigate the Nevada criminal justice system and seek an outcome with the least adverse impact on your life and future.

Attorneys Paul J. Adras and Steven Altig have been representing clients in Nevada for many years. We are reputable and respected. We have a history of achieving favorable outcomes for clients by pursuing creative solutions to resolve criminal charges and protect our client’s freedom. The attorneys at Adras & Altig have more than 30 years of combined experience helping clients charged with misdemeanor offenses navigate the criminal justice system.

If you are facing a misdemeanor charge, let us discuss how we can assist you.

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An Update from Adras & Altig on COVID-19

Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Adras & Altig, Attorneys at Law, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our health care system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure.

(Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a criminal defense lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

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How Drug Abuse Can Negatively Impact a Person’s Health and Life

Drug abuse is the use of illicit drugs, such as cocaine, heroin, methamphetamine, or others prohibited for use by the Uniform Controlled Substances Act. It can also include the use of prescription or over-the-counter (OTC) drugs for purposes other than those for which they are intended. Drug abuse can also refer to using drugs in larger amounts or more often (binging) than prescribed or recommended.

Physical Health and Mental Health

Drug abuse may cause a host of physical, mental, and social problems. Drug abusers often have associated health issues, such as stroke, heart disease, cancer, or mental health conditions like depression and anxiety. The country is currently in the grips of a tragic opioid epidemic.

Opioid abuse can lead to overdose and death. Methamphetamine, or crystal meth, can cause severe dental problems. Inhalants may destroy nerve cells in the brain and the nervous system. And those are just a few examples. Studies show that drug abuse clearly increases the risk of contracting infections like HIV and hepatitis C.

Addiction

Addiction is a disease characterized by drug use that is very difficult to control, despite the adverse consequences. Drug abuse can, over time, lead to brain changes that interfere with their ability to resist the urge to use drugs. Because brain changes can be persistent, addiction is a “relapsing” disease. Those in drug recovery are at high risk for returning to drug use after a period of abstaining from using the drug.

As with other chronic diseases and health conditions, drug treatment needs to be continual and should be modified and adjusted according to how the patient responds. Drug addiction treatment plans need to be reviewed and customized to match the patient’s changing needs.

HIV

Human immunodeficiency virus (HIV) infects the body’s immune cells (T cells), whose purpose is to fight infections. HIV lowers the number of T cells in the body, making it harder to fight off diseases and infections. HIV can cause acquired immune deficiency syndrome (AIDS), chronic, possibly life-threatening condition in which the body loses its ability to fight disease and infection.

Drug abuse can worsen the progression of HIV and AIDS. Research has shown that drugs can make it easier for HIV to enter the brain and cause nerve cell injury. This can lead to various cognitive problems and memory loss. Drug and alcohol abuse can damage the liver, heightening the risk for chronic liver disease and cancer among those with hepatitis B or hepatitis C.

Prenatal Effects – If you are pregnant and want a healthy baby, it’s critical to avoid drug use. It’s not just illicit drugs like cocaine and methamphetamine that can pose danger to infants, even abuse of OTC drugs can have harmful long-term effects on an unborn child.

Drug-abusing moms often give birth to “drug babies” – infants who have many developmental issues. Studies show that using drugs during pregnancy has a direct impact on the fetus. If you drink alcohol, smoke cigarettes, consume caffeine, use marijuana or methamphetamines, so does the fetus and your fetus will experience the harmful effects of these drugs. Taking drugs during pregnancy also increases the chance of birth defects, premature babies, underweight babies, and stillborn births.

Relationships

Drug addicts often have difficulty maintaining healthy relationships with others. Drug addicts are typically focused solely on getting and using drugs. Since relationships don’t typically give a drug user the same euphoric experience of the substance they’re addicted to, the drug user will usually devote less time and energy toward maintaining the relationship.

Someone who begins abusing drugs may not be very open about their use due to feelings of guilt, shame, and fear of judgment. They may believe others will not accept the situation they’re in, which creates the tendency to be secretive with a significant other, friends, and family members. Drug users may lie about where they are, who they are with, and why money is gone, among other things.

Secrecy can escalate to the point to where the drug abuser becomes isolated, putting great strain on any type of relationship. Drug addicts often lie and deceive others, causing their significant others to develop trust issues due to the perceived lack of honesty and loyalty. When trust breaks down in a relationship, you see an emergence of a number of relationship-damaging issues like anger, jealousy, and resentment.

Financial and Job Stability​​​​​​​

The economic burden of drug addiction is more than twice that of any other neurological disease, according to research. While buying drugs can, of course, be costly, there are other expenses in regard to the associated healthcare, legal fees, and other costs. Those who abuse drugs may end up with a significant loss of income.

Drug abuse can be particularly costly for people who have few financial resources to start with. If a heavy substance abuser is at or below the poverty level, they may be spending over half their income on drugs.

Drug abuse can lead to lower productivity levels. Someone with a drug problem may call in sick to work more frequently, and when they do go to work, the quality of your work may be less than satisfactory. Poor job performance can mean missing out on promotions or even termination.

Many drug addicts lose their jobs and remain unemployed because of their addiction. It can be hard to rejoin the workforce after years of drug-related unemployment.

Possible Legal Consequences of Drug Abuse

If you are convicted of a drug crime, you may end up with a criminal record that can follow you for the rest of your life. A criminal record can come back to haunt you when you apply for a job, try to buy or rent a home, and vote.

Many employers conduct background checks on applicants to make sure applicants are free of legal issues. If you’ve been convicted with a drug crime, this would be a red flag for potential employers. Drug use can obviously have a negative impact on job performance. Therefore, employers will likely hire someone else who is less likely to have drug addiction symptoms.

Drug possession often results in a hefty fine. Drug fines can total in the thousands of dollars. In addition to time in jail or prison and fines, you may face community service, probation, or other forms of confinement, such as house arrest.

Contact a Criminal Defense Attorney for Help with Drug Charges

If you have been arrested on a drug charge in Clark County, Nevada, call an experienced Las Vegas drug crime lawyer as soon as you can. At Adras & Altig, we will fight for you. We will protect your rights as we seek to have your charge reduced or dismissed.

Call Adras & Altig today to schedule a free initial criminal case review. Our skilled and compassionate Las Vegas criminal defense lawyers will act quickly to protect your rights and ensure your drug case results in the best outcome possible for you.

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What Happens to My Life After a DUI Charge?

A first-time DUI offense is punishable in Nevada by fines, mandatory DUI education, license revocation, and even jail time in some instances. A DUI arrest can impact your life in many ways, but you have the right to a legal defense to challenge the charges against you.

If you’ve been accused of driving while intoxicated in Las Vegas or elsewhere in Nevada, you deserve quality legal representation. Between fines, fees, and the possibility of losing your driver’s license, you may feel overwhelmed and unsure of what steps to take to preserve your rights. The good news is that an experienced attorney can help you avoid the worst consequences. Contact the knowledgeable DUI defense lawyers at Adras & Altig by phone or reach out to us online to schedule a free evaluation of your case.

Understanding the Difference Between a DUI Arrest and a DUI Conviction

A DUI arrest is different from a DUI conviction. An arrest is simply the act of a cop pulling you over and claiming that you are not okay to drive. Even if you don’t submit to a breathalyzer test, you can be arrested if the officer who stops you believes you are too intoxicated to safely operate a vehicle.

An arrest for a DUI does not automatically equal a conviction. In order to convict, the prosecutor has to prove “beyond a reasonable doubt” in court that you are guilty of being impaired behind the wheel. The burden of proof is on the prosecution. A DUI defense lawyer can bolster your case for reasonable doubt.

Short-Term DUI Consequences

If you’re arrested and convicted for a DUI in Las Vegas, there are several immediate sentences you can expect to receive. For a first-time DUI misdemeanor, short-term consequences may include:

• $400 to $1,000 in fines
• Attendance at a victim impact panel
• Eight hours of DUI school
• 185-day license revocation

A second DUI offense (without substantial injuries) is also a misdemeanor and may carry some similar consequences, including attendance at a victim impact panel awareness program, and up to $1,000 in fines. In addition, a second DUI can result in:

• Court-ordered rehabilitation
• Installation of an ignition interlock device in your vehicle
• One-year license revocation

In some instances, defendants may be able to avoid a conviction by entering a court-approved intensive rehabilitation program.

Long-Term DUI Consequences

In Nevada, a DUI charge will remain on your record permanently. However, after seven years, you can apply for your record to be legally sealed from the public, as long as you:

• Did not spend time in prison
• Do not have any pending charges
• Meet all probation conditions
• Have no prior charges

Long-term consequences for both first- and second-offense DUIs can also include jail time. For a first offense, you can potentially spend two days to six months in jail. For a second offense, you can potentially spend a minimum of 10 days and up to six months in jail.

A third DUI offense is considered a Class B felony if the driver had two prior DUI convictions with the previous seven years and can result in up to six years behind bars and a three-year license suspension.

The penalties become more severe for chronic DUI offenders.

Will a DUI Affect My Record for Background Checks?

A DUI misdemeanor or felony conviction will remain on your record indefinitely unless you get it sealed after the mandated seven years, so it is likely it will appear in a background check. The stigma around a DUI may influence the decisions of employers and others who perform background checks on you.

Potential employers and loan providers, for example, can find out if you’ve been convicted of a DUI and base hiring or lending decisions on these findings. DUI convictions can also influence a landlord’s decision to rent to you.

In addition, a DUI conviction on your record could prevent you from obtaining professional licenses in fields such as medicine, law, or finance.

Will a DUI/DWI Offense Affect My Car Insurance?

After a DUI or DWI (driving while intoxicated) conviction, your auto insurance company will likely consider you a “high-risk driver” – someone more likely to prompt or file an auto insurance claim. Auto insurance premiums are significantly more expensive for high-risk drivers.

In the worst cases, some insurers will drop DUI offenders altogether once the drivers’ current policies expire.

The effects of a DUI on your auto insurance rates don’t have to be permanent. Much like increased rates from an at-fault accident in Nevada, your rates will start to decrease again after several years of good driving behavior.

How Will a DUI Affect My Job?

A DUI conviction can affect your employment status in several ways. Depending on your job and its terms and conditions, you may get fired after being convicted of driving under the influence. You’ll likely have to miss some work for court appearances and community service, which could affect your employment as well.

A DUI conviction can also affect your career growth. A DUI is a criminal charge, and as such, a DUI can affect your trajectory if you apply for a job or a promotion that requires applicants to have a clean criminal record. Read more in this article about dealing with your employer after a DUI.

Will I Have to Attend Counseling After a DUI Arrest?

Counseling such as Alcoholics Anonymous and other forms of therapy are not always required after a DUI charge. However, first-time DUI offenders in Nevada are required to attend an eight-hour DUI school as part of the minimum punishment.

DUI school courses cover alcohol awareness and driving safety and usually cost around $150. Luckily, they can often be taken online. For subsequent DUI arrests, a court may order rehabilitation programs. In addition, for both a first- and second-offense DUI, you’ll be required to attend a victim impact panel, which costs about $40.

How Our Las Vegas DUI Defense Lawyers Can Help

The aftermath of a DUI arrest can be stressful, but it does not have to ruin your life. You are entitled to an aggressive legal defense, and the compassionate Law Vegas DUI attorneys at Adras & Altig can help. Check out the results of other people just like you, here. 

Give us a call at (702) 385-7227 or fill out our simple online contact form to arrange for a free consultation in our Las Vegas office.

The post What Happens to My Life After a DUI Charge? appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/life-after-dui/
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Understanding the Difference Between Domestic Violence and Battery in NV

Domestic violence is a broad term we often hear in descriptions of fights between spouses and other family members. But when Las Vegas police make an arrest after a fight or another incident involving family members in Nevada, the individual arrested often faces a charge of domestic battery. It is at this point, one should likely seek legal counsel.

Domestic battery is one of several closely defined charges under the overall domestic violence statute in Nevada (Nev. Rev. Stat. § 33.018). It is the most common charge in domestic violence cases because the legal definition of battery is broad and easily applied after a domestic dispute has drawn the police.

Under Nevada law, battery means any willful and unlawful use of force or violence upon another person. Note that battery does not require an injury or any amount of harm, or even physical contact between an alleged perpetrator and victim. The terms “force” and “violence” are ambiguous and not defined by the statute.

The domestic violence statute applies to violence against certain individuals. You can expect to at least be charged with domestic battery if you are arrested after a fight with any of the following:

• A spouse or former spouse
• A person you have a child with
• A person you are living with or you previously lived with
• A person you are dating or used to date
• Your child
• Any blood relative or a person you are related to by marriage

When a battery charge is filed under Nevada’s domestic violence statute, it may be called “domestic battery” or “battery domestic violence (BDV).” If you are charged with domestic battery or a related charge, you need to obtain representation by an experienced criminal defense attorney as soon as possible.

In Las Vegas, the dedicated domestic violence attorneys of Adras & Altig have more than a decade of experience successfully handling these complex cases. Contact us for a free consultation about your case and how we can represent you.

What Is Considered to be Domestic Violence?

The Nevada Attorney General’s Office explains that domestic violence is different from random crimes because the perpetrator and victim are not strangers. Instead, they are intimate partners, family members or parents of common children. The AG’s Office defines domestic violence as “a crime involving the use of power, coercion, and violence to control another.”

By law in Nevada, acts that may be considered domestic violence include:

• Battery
• Assault
• Compelling another person by force or threat to perform or abstain from an act that the other person has the right to refrain from doing
• Sexual assault
• Conduct meant as harassment, including:
  • Stalking
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
• Carrying a concealed weapon without a permit
• Injuring or killing an animal
• Burglary
• An invasion of the home
• False imprisonment
• Pandering; for example:
  • compelling another person by force, threat, persuasion or enticement to become a prostitute or to continue to engage in prostitution

As you can see, domestic violence crimes in Nevada would be crimes on their own; that is if they did not involve people with current or past domestic or familial relationships, the potential penalties upon conviction are stiffer.

What is the Potential Sentence for Domestic Battery in Nevada?

The State of Nevada lays out strict penalties for those convicted of domestic battery.

If you are found guilty of domestic battery, you may face:

First Offense (Misdemeanor)

• A minimum of 2 days to a maximum of 6 months in jail
• The requirement to perform 48 hours (minimum) to 120 hours (maximum) of community service
• Fine of $200 to $1,000, plus assessments
• Domestic violence counseling of 1½ hours per week for 6 months to 12 months at the defendant’s expense
• Participation in an alcohol or drug treatment program (at the discretion of the judge)
• Costs of counseling for underage victims at the discretion of the judge

Second Offense Within 7 Years (Misdemeanor)

• 10 days to 6 months in jail
• 100 hours to 200 hours of court-ordered community service
• Fines of $500 to $1,000, plus assessments
• Domestic violence counseling of 1½ hours per week for a minimum of 12 months, at the defendant’s expense
• Participation in an alcohol or drug treatment program at the discretion of the judge
• Costs of counseling for underage victims at the discretion of the judge

Third Offense Within 7 Years (Category C Felony)

• 1 year (minimum) to 5 years (maximum) in prison
• Up to $10,000 in fines (at the discretion of the judge)

If the case involves strangulation, substantial bodily harm, or use of a deadly weapon, the penalty handed down upon conviction can be more severe.

For comparison, simple battery – not committed with a deadly weapon and with no substantial bodily harm to the victim – on a first offense is punishable as a misdemeanor, which means it is punishable by imprisonment in the county jail for not more than 6 months or by a fine of up to $1,000, or by both fine and imprisonment. There are no minimums prescribed by law, as there are for domestic battery, and there is no mandatory counseling.

Battery vs. Assault

Another separate criminal charge often confused with battery is assault. As indicated above, domestic battery and domestic assault are considered separate crimes.

Assault is attempting to use force against another person or putting a person in fear of bodily harm. Battery is the actual use of force or violence against another person. Again, when perpetrated against people close to the alleged assailant, the acts may be charged as domestic assault and domestic battery.

A battery charge is more likely to be filed if harm occurs, though a physical injury is not required. A fight or another act toward an alleged victim that includes force or instills fear, but causes no physical harm is more likely to result in a charge of assault. “Force” when considering an assault charge may be defined as any compulsion or constraint (making a person do something or preventing them from doing something) exerted upon a person by any means short of physical contact.

Assault and domestic assault on a first offense are treated as a misdemeanor, just like battery, as long as there was no deadly weapon used.

How Victims of Domestic Violence Can Seek Help in Las Vegas

The National Coalition Against Domestic Violence says Nevada ranks among the worst states in the country for domestic violence. For many years, Nevada consistently ranked 1st in the nation for domestic violence fatalities. The NCADV says 48.1% of Nevada women and 30.9% of Nevada men experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes.

For that reason, Nevada courts treat domestic violence cases seriously, and anyone facing domestic violence charges needs the help of an experienced criminal defense lawyer.

The attorneys at Adras & Altig offer robust legal representation to individuals accused of crimes. Domestic cases are often far more complicated than the police charges would indicate. The U.S. Constitution guarantees all defendants a right to an attorney.

In Las Vegas, the Metropolitan Police Department’s victim advocates are available to provide support to alleged victims of all types of crimes. Individuals in the department provide crisis intervention, support, and referrals. Moreover, they encourage safety practices to reduce the likelihood of future victimization. Victim advocates are trained to provide emotional support as well as information about the law and court proceedings and resources for additional help.

Contact the LVMPD Domestic Violence Unit at (702)828-4451 or do not hesitate to phone 911 in an emergency.

Among several assistance hotlines, Las Vegas police refer individuals to is the SafeNest hotline at (702)646-4981. SafeNest provides emergency and legal services, safe housing and long-term counseling to victims and survivors of relationship abuse.

Contact a Lawyer For Help With Battery or Assault Charges

If you have been arrested on a domestic violence charge in Clark County, Nevada, you should call a seasoned Las Vegas domestic violence attorney as soon as possible. If you contact Adras & Altig, we can work quickly to protect your rights and work to keep you from suffering the damage a criminal conviction can do to your life.

Even if your accuser recants, Nevada prosecutors are not allowed to reduce or drop domestic violence battery charges unless they know the defendant is not guilty. You could face jail, months of counseling sessions and community service, plus hundreds of dollars in fines if convicted.

Contact Adras & Altig in Las Vegas as soon as possible for a free initial consultation and evaluation of your case. Our domestic battery attorneys will act quickly to protect your rights and ensure your case proceeds in a manner that is fair to you and results in the best outcome possible.

The post Understanding the Difference Between Domestic Violence and Battery in NV appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/violence-vs-battery-vegas/
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