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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