Friday, December 18, 2020

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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Wednesday, December 16, 2020

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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Friday, December 11, 2020

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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Monday, December 7, 2020

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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Thursday, December 3, 2020

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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