Monday, December 6, 2021

Las Vegas Indecent Exposure Lawyers

Las Vegas may be called Sin City, but residents and tourists alike can take the spirit of going wild too far. It’s important to know that you can be arrested and charged with a crime if you expose yourself in public. Indecent exposure charges can arise from flashing private parts as a prank, using the bathroom in public, or having sex in public, among other acts. 

Being charged with any crime could result in significant penalties and other consequences that may follow you for years to come. An indecent exposure lawyer from Adras & Altig can review your case and discuss potential defenses if you’ve been accused of violating Nevada indecent exposure laws.   

When you hire us, you can rest assured our law firm will fight aggressively for the best possible outcome for your case. As our client, you will also benefit from our team approach and years of combined expertise. Contact Adras & Altig today for a free consultation with a trusted indecent exposure attorney.  

What Is Indecent Exposure in Nevada?

In Nevada, indecent exposure occurs when a person makes an open, obscene exposure of specific body parts, typically the genitals or the anus. Exposure of buttocks or female breasts is not considered indecent exposure, according to Nevada Supreme Court precedent. In addition, breastfeeding a child in public is not regarded as indecent exposure. 

Examples of behavior that can lead to an indecent exposure charge include:

  • Flashing
  • Streaking
  • Public exhibitionism or nudity
  • Urinating or defecating in public
  • Engaging in sexual activity in public

In general, if there was a possibility that someone could have witnessed a person exposing themselves in public, then the act can be prosecuted as indecent exposure. 

Penalties for Indecent Exposure Charges

A first-time conviction for indecent exposure in Nevada is graded as a gross misdemeanor offense.

However, a second and subsequent conviction for indecent exposure is graded as a category D felony. A person may also be charged with a category D felony for indecent exposure if they have prior convictions for any other type of sexual offense, including:

  • First-degree murder committed during the perpetration of sexual assault, abuse, or molestation of a child under the age of 14
  • Sexual assault
  • Statutory sexual seduction
  • Battery with intent to commit sexual assault
  • Administration of drugs with the intent to commit sexual assault
  • Sexual abuse or sexual exploitation of a child
  • Child pornography
  • Incest
  • Gross or open lewdness
  • Lewdness with a child
  • Sexual penetration of a dead body
  • Sexual contact between a school or university employee and a student
  • Luring a child or a person with a mental illness for sexual purposes
  • Sex trafficking

Finally, indecent exposure committed by an offender aged 18 or older in the presence of a child or a vulnerable person can be charged with a category D felony as well. 

A gross misdemeanor conviction carries a maximum penalty of up to 364 days in prison and/or a fine of up to $2,000. A category D felony conviction is punishable by one to four years imprisonment and/or a fine of up to $5,000. 

Defenses Against Indecent Exposure Charges

An experienced attorney can identify the best indecent exposure defense for your case. Possible factual or legal defenses may include: 

  • Mistaken identity – In large crowds, law enforcement may mistakenly arrest the wrong person for indecent exposure. 
  • False accusation – A person may be falsely accused of indecent exposure, either as a prank or out of malice or revenge.
  • Genitalia or anus not exposed – Someone wearing skimpy clothing or swimwear may be arrested for indecent exposure. However, indecent exposure is not a valid charge as long as the attire covers the genitalia and anus.
  • Lawful exposure – Strippers with work cards may expose their genitalia and anus in licensed strip clubs in Nevada.
  • Accidental exposure – Prosecutors usually do not press indecent exposure charges for accidental exposure, such as if a person suffers a wardrobe malfunction or someone pulls off another person’s clothing. However, if a person removes another’s clothes to expose them, the person who committed the act can be charged with indecent exposure, as the statute also outlaws exposing another person’s body. 

No one deserves an indecent exposure penalty if they are not guilty of the crime. A proven attorney from Adras & Altig can discuss how to beat an indecent exposure charge with you after reviewing the facts of your case. 

Do I Have to Register as a Sex Offender After Being Charged with Indecent Exposure in Nevada?

Indecent exposure is considered a sex crime. That means convicted defendants must register as sex offenders. 

For an indecent exposure conviction graded as a gross misdemeanor, a convicted person must register as a Tier I sex offender under Nevada’s sex offender registration system. A Tier I sex offender must maintain their registration for 15 years, including an annual in-person check-in with law enforcement. However, Tier I sex offenders do not show up in public searches of the sex offender registry unless their offense involves a child victim. 

A second or subsequent indecent exposure conviction graded as a category D felony will require a convicted defendant to register as a Tier II sex offender. Tier II sex offenders do show up in public searches of the sex offender registry, and offenders are required to maintain their registration for 25 years, including in-person check-ins with law enforcement every 180 days. 

Contact Our Indecent Exposure Defense Lawyers in Las Vegas, NV Today

Don’t leave your freedom and future up to chance. Contact Adras & Altig today for a free consultation if you’re facing charges of indecent exposure. We evaluate your case for free and discuss how our Las Vegas criminal defense attorneys could help protect your rights and seek the best possible results for you.   

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Friday, November 12, 2021

Can I Get Arrested for Possession of Drug Paraphernalia in Las Vegas?

While Las Vegas’s “Sin City” nickname often implies that there are no rules, individuals who are caught with illicit drugs in Las Vegas can be arrested and charged for violating the law. But what about the possession of drug paraphernalia? 

Under Nevada Law, you could also be arrested for possessing drug paraphernalia, which is classified as a misdemeanor. If you have been arrested and charged with possessing drug paraphernalia in Las Vegas, don’t despair. Contact the Las Vegas criminal defense attorneys at Adras & Altig. Our attorneys have extensive experience defending the rights of residents and visitors to our city. Contact us right away for a confidential consultation to discuss your case and how we could help you. 

What is Drug Paraphernalia Under Nevada Law?

Under Nevada law, examples of illegal drug paraphernalia include: 

  • Bongs
  • Smoke masks
  • Water pipes
  • Razor blades
  • Cocaine spoons and vials
  • Roach clips
  • Ice pipes and chillers
  • Kits for growing controlled substances
  • Chamber, electric, or air-driven pipes
  • Blenders, spoons, and containers to compound controlled substances
  • Scales and balances used to weigh controlled substances

Penalties for Possession of Drug Paraphernalia in Nevada

Under Nevada’s drug paraphernalia laws, possessing drug paraphernalia in Nevada is a misdemeanor. The penalties for unlawful use or possession of drug paraphernalia in Nevada include up to six months in county jail and/or up to $1,000 in fines.

Can I Seal My Record After a Drug Paraphernalia Charge?

If you are convicted of drug paraphernalia possession in Nevada, you could have your records sealed, but there is a standard waiting period. For drug paraphernalia convictions, the waiting period is one year after the case closes. If your case is dismissed, you can pursue having your record sealed right away.

Charged With Possession of Drug Paraphernalia? Contact Our Las Vegas Drug Crimes Lawyers Today

Being charged with possession of drug paraphernalia may be a misdemeanor, but that doesn’t mean you shouldn’t take this charge seriously. The prospect of spending time in jail and paying up to $1,000 in fines can be stressful, and a criminal conviction can affect other areas of your life, too. 

A conviction for possession of drug paraphernalia will appear on your criminal record. This means that every time you apply for a job, housing, or a loan, your conviction will show up. If you are convicted of delivering, selling, or manufacturing drug paraphernalia, a Class E felony, the consequences could be even harsher, especially if you have multiple prior felony convictions. 

If you have been charged with unlawful use or possession of drug paraphernalia, then it is crucial to get in touch with one of our Las Vegas drug crime attorneys right away. You need someone who can help you navigate the complex legal process and protect your rights. Contact Adras & Altig today for a free consultation with one of our hard-nosed criminal defense attorneys who will fight tirelessly to protect your rights.

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Monday, November 8, 2021

Is Verbal Abuse Considered Domestic Violence?

Many fights among couples and other family members never go beyond shouting. But some people are surprised that they have been arrested for spousal, child, or elder abuse without laying a hand on anyone. While verbal abuse is not a crime per se, it can easily become a crime if it involves threatening bodily harm.

Saying “I never touched them” won’t help you in court. You need an actual verbal abuse defense. In many cases, the crime of domestic battery in Nevada may include verbal and/or emotional abuse charges. You could even be sued for compensation if the target of the alleged verbal abuse can demonstrate they suffered psychological trauma.

If you’ve been arrested in Clark County, Nevada, you need an experienced Las Vegas domestic battery lawyer to protect your rights. At Adras & Altig, our dedicated domestic violence defense attorneys can help you tell your side of the story. Paul J. Adras and Steven M. Altig are reputable and respected Las Vegas domestic abuse defense attorneys. They have over a decade of experience handling complex cases where it’s all about what someone said, or heard, when there’s no physical evidence of harm.

What is Verbal / Emotional Abuse?

The terms “verbal abuse” and “emotional abuse” are sometimes used interchangeably, but they have slightly different meanings. Emotional abuse is a pattern of behavior intended to insult, embarrass, and create fear in another individual to control them.

Verbal abuse is a kind of emotional abuse, but not all emotional abuse is verbal. For example, looking at someone or acting in a manner that scares them is a form of emotional abuse, but it may not be verbal.

Verbal abuse and emotional abuse can both constitute the crime of domestic violence in Nevada, which is defined as the use of power, coercion and/or violence to control another. The Nevada Attorney General’s Office says verbal or emotional abuse can be charged as domestic violence if it is directed at a:

  • Spouse or partner (spousal abuse)
  • Child by a parent, grandparent, stepparent, or significant other of a parent (child abuse)
  • Senior citizen by their children, grandchildren, or others living with or caring for the victim (elderly abuse).

It is important to understand that police who respond to a call about domestic violence almost always make an arrest. Once a charge has been filed, there’s no withdrawing the charges later. The local prosecutor has sole discretion over whether charges go forward, and they can force the accuser to testify.

Domestic violence, which is likely charged as battery (assault), is punishable by jail time, fines, community service, and counseling (at your expense) on even a first conviction.

Is Verbal Assault a Crime?

While verbal abuse/assault is not itself a crime, according to Nevada state law (NRS 200.571), verbal assault can become a crime if a person threatens another and the recipient reasonably fears they will be harmed. Specifically, verbal assault may be considered a crime if a person threatens:

  • Bodily harm to the person threatened or to someone else in the future
  • To cause physical damage to another person’s property
  • To restrain or physically confine the threatened person or anyone else
  • To commit any act with the intention of harming the threatened person or any other person with respect to their physical/mental health and safety

Nevada state law defines the above crimes as “harassment.” The first offense is a misdemeanor, while the second is considered a gross misdemeanor. So, although verbal assault by itself is not a criminal act, it can easily turn into one, especially if you threaten someone else and cause them to fear that you will carry out the threat.

You Could Be Sued for Domestic Verbal Abuse

A verbal abuse charge is more likely to stick if the alleged victim can show that the abuse was ongoing. The alleged perpetrator regularly made threats or humiliated them over a long period. This pattern indicates intention on the part of the alleged abuser.

The alleged victim can also make their case stronger if they can show that they were abused, not simply annoyed or angered. There’s no rule or requirement, but someone who can show that they have sought counseling to cope with the alleged abuse or tried to injure themselves as a means of escape demonstrates harm from another’s actions.

A person who has truly suffered from verbal abuse might pursue a personal injury civil claim for compensation ― repayment for the cost of counseling, for example ― plus compensation for their pain and suffering. This would be separate from criminal charges, but if you were the subject of such a lawsuit, a domestic violence conviction would weigh against you. The testimony of a domestic violence counselor who had worked with the lawsuit plaintiff would likely be damaging as well.

How Can a Domestic Battery Attorney in Las Vegas Help Me?

Domestic battery does not have to include physical harm for you to be convicted of the charge. The good news if you have been charged with domestic violence based on verbal or emotional abuse is that the prosecutor must prove the charge beyond a reasonable doubt to obtain a conviction. As in other criminal charges, you have a right to an attorney to defend you against the charge.

In many verbal abuse cases, there is very little evidence to prove a domestic battery charge. Many cases involve conflicting stories, which makes getting at the truth particularly difficult.

As your legal advocates, the seasoned defense attorneys at Adras & Altig can get your side of the story and gather any other evidence available to rebut the prosecution’s charges and build a defense for you.

One fight or even the occasional fight that includes a few insults is not necessarily verbal abuse. Being able to show that the charge is based on a one-time incident or that there is no pattern or evidence of injury is potentially a strong defense.

Being able to demonstrate, through witness affidavits or testimony, that the plaintiff commonly uses the same or similar language toward you may nullify the idea that they were truly harmed or felt abused.

Talk to a Las Vegas Domestic Violence Defense Attorney

The defense attorneys at Adras & Altig are here to help, not judge, people facing criminal charges of domestic violence. Regardless of what led to a charge of domestic violence against you, prosecutors have social and political pressure to take an aggressive stance against people charged with domestic violence. You will need a strong defense. You must speak with an experienced Las Vegas domestic battery attorney as soon as possible to ensure your rights are protected.

The seasoned Las Vegas domestic violence attorneys of Adras & Altig will work diligently to obtain the best possible outcome for you. Schedule a free consultation with our law office today to start your verbal abuse domestic violence charges defense.

This post was originally published in October 2019 and has been updated for accuracy and comprehensiveness in November 2021.

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Wednesday, October 13, 2021

Nevada Criminal Statutes of Limitations


When someone commits a crime, there is typically a limited amount of time available to prosecute them for their actions. These deadlines are called the statutes of limitations, and the time limits vary based on the type of offense committed.   

Statutes of limitations exist to protect defendants’ rights. Over time, evidence can become damaged or lost, and a witness’s memories can fade. Prompt prosecution helps ensure a defendant receives a fair trial. 

The Las Vegas criminal defense lawyers at Adras & Altig have nearly 40 years of combined legal experience representing individuals charged with crimes in Nevada. If you’re facing criminal prosecution, we will vigorously defend your rights and protect your interests. 

Our collaborative approach means we’re able to provide knowledgeable, exceptional service to our clients. You can count on our attorneys to stand by your side so you get the fair treatment you deserve. Contact our office for an initial consultation today.

Does Nevada Have Criminal Statutes of Limitations?

Most crimes in Nevada have a statute of limitations. The more serious the crime, the longer the statute of limitations will be. This means there’s a longer window of time for a person could be charged with a crime.  

However, some crimes have no statute of limitations. For example, there is no statute of limitations on murder in Nevada. A person can be charged with murder no matter how much time has passed since the killing occurred. 

What Are the Statutes of Limitations for Crimes in Nevada?

There are a few broad statutes of limitations for certain categories of crimes in Nevada.

While these statutes of limitations apply broadly to different kinds of crimes, there are many exceptions for specific criminal acts. For example, the statute of limitations for theft, robbery, burglary, forgery, arson, sex trafficking, and certain other felonies is four years from the alleged offense. For sexual assault, it’s 20 years from the alleged crime. 

There are exceptions for crimes committed “in a secret manner.” In those cases, the statute of limitations is not triggered until the time the offense is discovered. 

What Happens When the Statute of Limitations Expires?

If the statute of limitations that applies to your alleged crime passes, you cannot be charged for that specific act. However, it’s up to you to raise that defense. It’s wise to get help from a Nevada criminal defense attorney who understands the laws regarding statutes of limitations and any exceptions that could affect your case. 

How Our Criminal Defense Attorneys in Las Vegas, NV Can Help You

Explaining how statutes of limitations apply to your case is one way the Las Vegas criminal defense lawyers at Adras & Altig can help you. We will also seek to have illegally obtained evidence suppressed, identify weaknesses in the prosecution’s case against you, negotiate a plea deal for a lesser charge, and represent you at trial. 

Remember, you’re innocent until proven guilty of a crime. Let us help clear your name and reputation. Call Adras & Altig today for an initial consultation with a skilled criminal defense lawyer. 

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Wednesday, September 15, 2021

How to Check If You Have a Warrant in Nevada

A warrant is a special type of court order that gives law enforcement officers the authority to arrest you at any time. If you are arrested on an outstanding warrant, you will be forced to appear before a judge in court. You may then need to post bail to secure your release. Outstanding warrants can also appear on background checks when you apply for jobs or housing, which means they can have a hugely damaging effect on your life if they are not resolved.

However, judges and court magistrates are not required to notify you when they issue a warrant for your arrest. You may have outstanding warrants against you and not even know it. Unfortunately, your lack of knowledge about a warrant does not mean law enforcement officers will let you off the hook. Consequently, it’s always in your best interest to take active steps to learn whether you have any outstanding warrants in Nevada.

What Are the Different Types of Warrants in Nevada?

There are two primary types of warrants issued by Nevada courts:

  • Arrest warrants – Judges issue arrest warrants when they suspect you have committed a criminal offense. Suspects are not typically notified of arrest warrants because courts do not want to alert wanted individuals and give them the chance to evade law enforcement. Police officers make active efforts to locate suspects with outstanding arrest warrants.
  • Bench warrants – Judges issue bench warrants when individuals fail to satisfy legal obligations, such as failing to attend scheduled court appearances or pay court-ordered child support. Police officers typically will not actively search for you if you have an outstanding bench warrant, but they are legally obligated to arrest you if they check your ID during a traffic stop or other exchange.

How Can I Find Out If I Have a Warrant?

Many people wonder about how to check for a warrant. Information about active warrants is available in public records from a variety of sources. There are plenty of websites that charge money for warrant searches, but the information is usually free if you know where to look.

In most cases, the court that issued your warrant will have a record of it in their published outstanding warrant list. If you aren’t sure which court may have issued the warrant, you can narrow down the list of options by considering where you were originally arrested, cited for a legal violation, or asked to appear in court.

Here are the websites and contact information for local courts throughout Las Vegas, Clark County, and surrounding areas:

Eighth Judicial District Court

  • 200 Lewis Ave, Las Vegas, NV. 89155
  • (702) 671-0514

Las Vegas Justice Court Criminal, Traffic and Civil

  • 200 Lewis Ave, Las Vegas, NV. 89155
  • (702) 671-3201

Clark County Justice Courts

  • Boulder, Bunkerville, Goodsprings, Henderson, Laughlin, Mesquite, Moapa, Moapa Valley, North Las Vegas, and Searchlight.

North Las Vegas Justice Court

  • 2428 N Martin L King Blvd # A North Las Vegas, NV 89032-3700
  • (702) 455-7801

Las Vegas Municipal Court

  • 495 S. Main St. Las Vegas, NV 89101
  • (702) 229-6011

North Las Vegas Municipal Court

  • 2332 Las Vegas Blvd N #100
  • (702) 633-1130

Henderson Municipal Court

  • 243 South Water Street Henderson, NV 89015-7226
  • (702) 267-3300

Boulder City Municipal Court

  • 501 Avenue G Boulder City, NV 89005
  • (702) 293-9278

Mesquite Municipal Court

  • 500 Hillside Dr, Mesquite, NV 89027
  • (702) 346-5291

To run a Nevada warrant search on your name, you can also visit the following websites:

Do Warrants Expire in Nevada?

No. Outstanding warrants do not expire in Nevada. They can remain active indefinitely if they remain unaddressed. To resolve an active warrant for your arrest, you’ll need to address the underlying legal issue and ask the court to remove the warrant.

How Our Nevada Criminal Defense Attorneys Can Help with Your Warrant

The knowledgeable criminal defense attorneys of Adras & Altig know how to check if you have a warrant in Nevada. They may be able to file a motion with the respective court to remove an outstanding warrant on your behalf. Once the court agrees to remove the warrant, our attorneys can begin the process of resolving the underlying charges against you and sealing your record.

Contact us today to discuss the details of your outstanding Nevada warrant with our trusted lawyers during a free initial case review.

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Thursday, August 19, 2021

Respect Gun Laws When in Las Vegas

It is legal to openly carry a rifle, handgun, or any legal firearm while walking down the Las Vegas Strip or anywhere in Nevada unless you have previously been convicted of a crime or otherwise disqualified. With a permit, you can carry a concealed handgun in Nevada.

However, there are limitations to where and when you may possess a gun in Nevada, and violations can lead to a prison sentence plus a hefty fine. Las Vegas police and prosecutors take seriously violations of gun laws, especially since the deadliest shooting in modern U.S. history occurred in the city, leading to the death of 58 individuals.

The severity of penalties for weapons crimes in Nevada makes it crucial to respect gun laws when in Las Vegas. No matter the circumstances of an arrest for gun law violations, you will need the help of a respected criminal defense attorney if you are charged with violating the weapons laws.

At Adras & Altig, we understand that people make mistakes, and we will treat you with the respect you deserve if you face gun charges in Las Vegas. In the meantime, arm yourself with the facts to avoid an arrest.

Open Carry and Places Where Guns are Prohibited in Nevada

Nevada has no laws prohibiting open carry of firearms in the state. Nevada state law does not require the registration of firearms.

Open carry is defined as wearing a holstered handgun unconcealed by clothing, usually on the hip or leg, or carrying a rifle or shotgun, generally slung across a shoulder.

Carrying a concealed gun is also legal throughout Nevada as long as the person has a valid conceal carry permit (NRS 202.3653). This means a gun may be concealed on the body hidden by clothing or carried in a bag or purse.

To obtain a concealed weapon permit you must be at least 21 years old, complete an approved firearms course and not be prohibited from possessing a firearm due to a legal violation or other disqualification. Concealing a firearm without a permit is a Category C felony (NRS 202.350), which is punishable by 1 to 5 years in prison and a fine of up to $10,000.

The State of Nevada does prohibit guns in certain places, including:

  • Public schools, including colleges and universities
  • Childcare facilities
  • Law enforcement agency facilities
  • Courthouses and courtrooms
  • Legislative buildings.

Additionally, federal law prohibits guns at:

  • Airports beyond TSA checkpoints
  • Federal courthouses
  • Social Security offices
  • Post offices
  • Military bases (unless authorized)
  • VA facilities, such as hospitals and clinics.

Two federal properties near Las Vegas have specific regulations:

  • Red Rock Canyon National Conservation Area, a Bureau of Land Management property, does not allow loaded firearms.
  • Hoover Dam does not allow firearms.

Businesses, such as casinos, restaurants, stores, and offices, are private property. Though there is no law against carrying a weapon openly at such businesses, an owner or property manager has the right to ask you to leave or remove your weapon from the property. If you refuse to do so, you may be charged with trespassing.

A Las Vegas casino will almost certainly ask you to leave if you enter displaying a firearm, but the Nevada Carry organization says the majority of Nevada businesses are friendly to firearms.

You may carry a weapon openly in a bar if the owner does not object, but it is illegal to be in possession of a firearm and have a blood alcohol content (BAC) of .08 or more. (NRS 202.257).

Possessing a Gun With a Criminal Record or Restraining Order in Nevada

Certain people are prohibited from possessing firearms in Nevada. This includes anyone under 18 years old unless he or she is in the presence of a parent, guardian or other adults, with exceptions for youths age 14 and older who are hunting or using a gun at a shooting range or firearms safety course with a parent, guardian or other adults.

As adults, Nevada residents may be prohibited from possessing firearms if they are:

  • Convicted felons or under felony indictment
  • Convicted of domestic violence
  • Convicted stalkers
  • Subjects of domestic violence protection orders
  • Fugitives
  • Illicit drug users or addicts
  • Adjudicated as mentally ill or have been legally committed to a mental health facility
  • Illegal immigrants.

If you are the subject of a restraining order (including domestic violence protection orders), the judge may prohibit you from possessing guns as part of the order.

The U.S. Court of Appeals for the Ninth Circuit ruled that a known user of marijuana in Nevada could be refused the sale of a firearm and in doing so upheld 18 U.S. Code § 922(g)(3), which criminalizes possession or receipt of a firearm by an unlawful drug user or a person addicted to a controlled substance. And while recreational use of marijuana in Nevada is now legal in private residences, it remains a controlled substance under federal law.

Penalties for Gun Crimes in Nevada

If a person is convicted of using a gun to commit a crime in Nevada, such as armed robbery or assault with a deadly weapon, the prison term imposed for conviction of such crimes of violence may be increased by 1 to 20 years (NRS 193.165) because of the presence of the weapon.

Illegal possession of a gun without an additional crime carries significant punishment, too.

Possessing a gun in a prohibited location in Nevada is a misdemeanor punishable by:

  • up to 6 months in jail, and/or
  • up to $1,000 in fines, and/or
  • community service.

Being a felon, fugitive or drug addict in possession of a firearm is a Category B felony in Nevada punishable by 1 to 20 years in prison and an unspecified fine.

  • Being an illegal immigrant or mentally ill and in possession of a firearm is a Category D felony in Nevada punishable by 1 to 4 years in prison and a fine of up to $5,000.
  • Possessing guns in violation of a restraining order is a gross misdemeanor in Nevada punishable by up to 364 days in jail and/or a fine of up to $2,000.
  • Giving a gun to a prohibited person is a Category C felony in Nevada punishable by 1 to 5 years in prison and a fine of up to $10,000. Any crime committed on federal property may be prosecuted as a federal crime. A conviction on federal weapons charges typically puts the defendant at risk for punishment that is more severe than state law provides.
  • Possession of a gun in a federal facility other than a courthouse is punishable by up to 1 year in prison and an unspecified fine (18 U.S. Code § 930).
  • Possession of a gun in a federal courthouse is punishable by up to 2 years in prison and a fine.

Do I Need A Criminal Defense Lawyer?

You should never face gun or weapons charges on your own in Las Vegas or anywhere in Nevada. It is the job of prosecutors to convict and punish defendants, and violations of gun laws are taken seriously.

Being charged with a gun crime is not the same as being convicted. You have a right to every legal defense available to help you to avoid jail and fines. The Las Vegas weapons charges attorneys of Adras & Altig will work relentlessly to direct your case toward the most favorable outcome for you. We will protect your rights and build a strong and persuasive defense for you.

We urge you to exercise your right to remain silent and to ask for an attorney if arrested for any criminal charge in Las Vegas, and then to contact Adras & Altig at your first opportunity.

This post was originally published in August 2019 and has been updated for accuracy and comprehensiveness in August 2021.

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How to Use Marijuana Legally in Las Vegas

Nevada’s decision to make it legal for adults to possess and use marijuana captured a lot of interest from tourists as well as residents of Las Vegas. Though marijuana is legal for recreational use in Nevada, the law has restrictions that have created confusion and led to arrests and criminal convictions of many people in Las Vegas.

The lawyers of Adras & Altig defend those arrested for pot possession charges in Las Vegas. It is important to understand Nevada marijuana laws and clear up what marijuana enthusiasts or the curious can and cannot legally do in Las Vegas.

The Basics of Nevada Marijuana Use Laws

By enacting the Regulation and Taxation of Marijuana Act after a public referendum, Nevada declared that marijuana should be treated more like alcohol than an illegal drug or controlled substance. Recreational use of cannabis and its alternative forms (edibles, capsules) became legal after the passage of the law, and licensed sales soon began.

Nevada law allows anyone 21 years old or older to buy, possess and consume marijuana for recreational use. Users do not need medical approval to smoke or use weed. However, restrictions remain.

Here are answers to some frequently asked questions about marijuana in Nevada:

  • How much marijuana can a person legally possess in Las Vegas? Possession of up to 1 ounce of marijuana or 1/8-ounce of cannabis concentrate is legal in Nevada. Possessing a larger quantity is a crime unless you are a licensed vendor. Because pot is still illegal under federal law, it is illegal to possess marijuana on federal property in Nevada. This includes the post office, federal courthouses, Veterans Administration offices, airports (including McCarran International Airport in Las Vegas) and national parks, forests and monuments, such as Red Rock Canyon National Conservation Area and Little Red Rock, which are popular tourist destinations near Las Vegas.
  • How can someone buy marijuana in Nevada?It is legal to buy marijuana from state-licensed dispensaries, or retail shops. (They are plentiful.) Buying marijuana elsewhere is illegal. Even paying someone back who you asked to buy some for you on their visit to the store is technically illegal.
  • Can I get high in Las Vegas casinos? It is not legal to consume marijuana in public in Nevada. Under the law, you may smoke weed or otherwise use marijuana (i.e., edibles) on private property, which in the spirit of the law is meant to be your own home or at another private residence with permission. It is not legal to use marijuana at the store where you buy it or while riding in a car. You cannot legally consume marijuana in any form in public areas of Las Vegas casinos or in casino hotel rooms. Because of federal marijuana prohibitions and state gaming laws, this is not likely to change anytime soon. This makes it tough for Las Vegas tourists to use marijuana legally without knowing someone who lives here.
  • Can I drive in Las Vegas after using marijuana? Smoking pot and driving is like drinking and driving. If you drive while impaired by marijuana and get caught in Nevada — by weaving, crossing the centerline or some other traffic infraction, or in a license check — you may face a charge of Driving Under the Influence of Drugs.

Under Nevada law, a person is illegally under the influence of marijuana if chemical tests show their blood or urine exceeds legal levels of cannabis in the form of:

  • Marijuana — 2 nanograms per milliliter
  • Marijuana metabolite — 5 nanograms per milliliter.

You Can Be Arrested for Marijuana In Las Vegas

We know the next thoughts of many who are reading this: … This is Las Vegas, a party city that invites people to come and have a good time. Many things are tolerated in Las Vegas if you don’t bother others or bring undue attention to yourself. Unfortunately, every night, people make mistakes or lose self-control and get arrested in Las Vegas.

One exception to the party-hardy attitude Las Vegas is known for is how casinos operate. They are serious businesses. Do not challenge the rules in a Las Vegas casino. There is far too much money at stake to let anything occur that could threaten a Nevada gaming license. That includes any sign of drug use. Do not take marijuana into a casino.

You can be arrested for “joint possession” of marijuana, which refers to marijuana being found in the presence of multiple people who are somehow linked together, such as roommates or spouses. If pot is found in a Vegas hotel room or in a car, everyone there could initially be charged with possession.

At a Las Vegas casino’s hotel, if a housekeeper or other staff smells or sees evidence of drug use, they are obligated to report it. You can bet they will.

Getting arrested and charged with possession of marijuana in Las Vegas will put an end to the party. You could be fined $600 for smoking or even displaying weed in public, if convicted. Possession of more than 1 ounce of pot is a felony punishable by up to four years in prison, if convicted. You can also get four years for selling any amount of marijuana without a license. If you have been charged with possession of marijuana, our experienced Las Vegas criminal defense lawyers are ready to assist you.

Contact a Las Vegas Criminal Defense Attorney

Nevada has legalized the private, responsible use of marijuana. But public use of marijuana or driving while high on cannabis remains illegal. If you have been arrested in Las Vegas or greater Clark County, Nevada on charges of marijuana use, possession, or sale, you need legal representation right away.

The Las Vegas criminal defense attorneys of Adras & Altig have been helping residents and tourists who face criminal charges in Clark County for more than a decade. Contact Adras & Altig as soon as possible after a marijuana arrest. We will respond quickly to get you released from custody and start building a smart defense strategy for you.

This post was originally published in February 2019 and has been updated for accuracy and comprehensiveness in August 2021.

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Wednesday, August 4, 2021

Adras & Altig – Scholarship Contest

Once again, Adras & Altig will be opening up submissions for its essay scholarship contest. Three scholarships are available to help offset some college expenses. This year’s topic is on the issue of crime prevention. Participants must answer the questions: In what ways can communities come together to prevent crimes? What are some of the most important crimes your city is currently dealing with and is enough being done?

Nevada Criminal Statistics

Adras & Altig is a hard-nosed criminal defense law firm that embraces a team approach between the partners. We realize that many factors are involved in the occurrence of crimes. We support crime prevention efforts that directly target systemic issues that lead to the commission of crime.

Las Vegas, where our firm is located, has its fair share of crime. According to the FBI, for the most recent year for which data is available, the following number of crimes occurred in Las Vegas:

  • 8,854 violent crimes
  • 46,197 property crimes
  • 84 murder and nonnegligent manslaughter crimes
  • 1,439 rapes
  • 2,118 robberies
  • 10,646 burglaries
  • 5,213 aggravated assaults
  • 28,240 larceny thefts
  • 7,311 motor vehicle thefts

What would you do to curtail some of these crimes? Do these crimes compare to your community? Is there a particular crime that is a problem for your city? What can we do together to combat the problem of crime?

Adras & Altig Sponsors the Fourth Consecutive Essay Contest

The Adras & Altig 2021 scholarship will award the winners of the essay contest with funds to help with college expenses. Three scholarships are available: The first-place scholarship is worth $1,500. The second-place scholarship is worth $750. The third-place scholarship is worth $500.

The scholarships are for Nevada students and students throughout the United States who are currently juniors or seniors in high school or currently attending two- or four-year colleges or universities or a graduate school program.

Submissions officially open on August 15, 2021. The window to enter the essay contest closes on December 15, 2021. The winners are chosen by a selection committee. Winners will be announced on December 29, 2021. The scholarship in Nevada will be presented as a check from the Las Vegas law firm of Adras & Altig to be used for education-related expenses.

Previous Scholarship Winners

Past essay topics have focused on gun safety, college drinking, and cyberbullying. You can read more about the winners of the law firm scholarships from previous years and their essays here:

2020 Winners 

  • 1st place – Eshaan Vakil
  • 2nd place – Alanna Brown
  • 3rd place – Raelynn Neumann

2019 Winners 

  • 1st place – Serena Huynh
  • 2nd place – Evan Gong
  • 3rd place – Cassandra Cannon
  • 4th place – Emily Marvin

2018 Winners

  • 1st place – Drianna Dimataluc
  • 2nd place – Felix Moisand
  • 3rd place – Keelan McConkey

You can learn more about the Adras & Altig 2021 scholarship here, including details to enter and eligibility criteria.

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What Is a Category C Felony?

Not all crimes are treated the same under Nevada law. Most people understand this, but it’s important to be aware of the very real consequences of different felony charges. If you’re accused of a crime, these distinctions could mean the difference between paying a fine and facing significant prison time.

While it’s not the most serious charge possible, being accused of a category C felony is no laughing matter. Keep reading to learn more about category C felonies in Nevada and how a Las Vegas criminal defense attorney can help if you’ve been charged with one.

What Is a Class C Felony in Nevada?

Under Nevada criminal law, crimes fall into the categories of misdemeanors and felonies. Misdemeanors are more minor crimes, with a maximum potential penalty of 364 days in jail and a fine of up to $2,000 for “gross misdemeanors.”

Nevada law designates more serious crimes are classified as felonies, and they divide into five categories. These range from category E felonies (the least serious felony category) to category A felonies, potentially punishable by life in prison or a death sentence.

Category C felonies fall directly in the middle of the scale from category E to category A, making them serious crimes but not the worst potential charges you could face.

Some examples of category C felonies under Nevada law include:

  • Attempting to bribe a police officer, judge, or another public official
  • Resisting a police officer while being arrested
  • Battery without a weapon resulting in substantial injury
  • Domestic violence committed by strangulation
  • Elder abuse
  • Some instances of theft and grand larceny
  • Certain drug crimes
  • Cyberstalking
  • Certain sex crimes

What Are the Penalties for Category C Felonies in Nevada?

The penalties for Category C felonies in Nevada are substantial. According to Section 193.130 of the Nevada Revised Statutes, you could face the following penalties if you’re convicted of a category C felony:

  • Between one year and five years in prison
  • A fine of up to $10,000

Certain category C felonies carry additional penalties. For example, you may have to register as a sex offender if you’re convicted of a sex crime classified as a category C felony. If you’re not a permanent US resident, you could face deportation for certain category C felony convictions. Finally, any felony conviction carries many negative repercussions, such as difficulty finding a job, obtaining credit, or living in certain areas. That makes a vigorous defense for category C felony charges critical.

Charged with a Category C Felony? Contact a Nevada Criminal Defense Attorney Today

If you’re charged with any felony in Nevada, including category C felonies, speak to a criminal defense lawyer right away. The criminal defense attorneys at Adras & Altig will work to find a legal strategy that suits your situation. We might be able to have key evidence suppressed or come to a deal with the prosecution to reduce your charges. If your case goes to trial, we’ll aggressively defend your rights in court. Contact our office for a confidential consultation today.

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Thursday, July 8, 2021

Does a Criminal Record Appear on a Background Check?

A Nevada background check can reveal private details about your criminal, commercial, financial, and personal history. Employers, creditors, landlords, and other organizations use the information to understand your reliability and trustworthiness better. But if you have a criminal record, the details from a background check could prevent you from getting the opportunities that would allow you to start fresh again.

Fortunately, there’s hope. You may be able to seal your Nevada criminal record.

Record sealing makes your criminal history invisible to most organizations, with limited exceptions. A clean slate can make a huge difference as you move forward in life.

The timing of when you can petition the court to seal your record depends on the nature of the crime. A Las Vegas record sealing lawyer at Adras & Altig can help determine whether the time is right for you.

Don’t wait to get started on a new future. Call or contact us today for a free consultation.

What Shows Up on a Background Check?

A comprehensive background check will disclose a broad range of information about you. This includes:

  • Identity verification
  • Sex offender status
  • Past criminal convictions
  • Driving history
  • Pending arrests
  • Past incarcerations
  • Parole and probation history
  • State and county court records
  • Outstanding credit card and loan debt
  • Social Security records
  • Past addresses
  • Marriage and divorce records
  • Bankruptcy history
  • Employment verification

Keep and mind that Nevada has laws in place to prevent unfair background checks. For example, state and local governments cannot ask about a job applicant’s criminal history on their initial applications. In addition, the Fair Credit Reporting Act (FCRA) requires an applicant’s consent before certain employers run background checks on them.

Nevada law used to restrict criminal background checks to the prior seven years. That’s no longer the case, so your criminal records from long ago may appear on your record. For this reason alone, it’s important to learn whether you can seal your criminal record.

Which Criminal Records Can Be Sealed?

In Nevada, you can have your records sealed for a wide range of crimes. However, the timeline for when you can start the process will be different depending on the offense:

  • Category A felony: 10 years after your sentence is complete
  • Category B, C, or D felony: 5 years after completing your sentence
  • Class E or gross misdemeanors: 2 years after the sentence is complete
  • Misdemeanor DUI: 7 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever is later
  • Misdemeanor Battery Domestic Violence: 7 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever occurs later
  • Misdemeanor battery, harassment, stalking, or temporary/extended order of protection: 2 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever is later
  • Lesser misdemeanor: 1 year from date of release from custody or date when you are no longer under a suspended sentence, whichever is later

Keep in mind that some records are not sealable. These include crimes against children, sexual offenses, and certain DUIs. Those will always show up on background checks.

Contact a Las Vegas Record Sealing Attorney Today

Record sealing in Nevada can clean up your background check and improve your prospects. If you have questions or want to petition the court to seal your records, call or contact Adras & Altig today.

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Tuesday, July 6, 2021

Can My Sealed Criminal Record Be Reopened?

In Nevada, sealing your criminal record opens doors of opportunity that might otherwise stay shut. A seal makes your record invisible on background checks. That means that when you apply for a job or a loan, your record will not show up in most cases.

It also means that you don’t have to disclose your history to a potential employer. Put simply, a record seal gives you the best possible chance to move forward in life.

As you work to leave the past behind, you may wonder whether it’s ever possible for your sealed record to be reopened. The answer is yes, but only in very rare and limited cases.

When Can a Sealed Record Be Reopened?  

Once your criminal record is sealed, Nevada law only permits it to be reopened under certain circumstances.

  • If your charges were dismissed, a prosecutor could ask for the record to be reopened if you are later arrested for a similar crime.
  • If you were convicted, a prosecutor or defense lawyer could petition to reopen the record if they are investigating other individuals involved in the crime.
  • Certain agencies may inspect your criminal record to determine fitness for certain types of jobs or licenses.
  • You can always petition the court to review your own criminal records.

Do I Have to Disclose My Criminal History If I Have a Sealed Record? 

A sealed record is a chance to start over. Nevada recognizes that people who make mistakes face limited opportunities if their criminal records are accessible to potential landlords, employers, lenders, and others.

As part of the record sealing process, you can legally deny that you have a criminal history without fear of penalty. However, keep in mind there are certain instances where that may not be the best approach.

For example, agencies that run background checks through the FBI may see sealed records if they scan for fingerprints. Similarly, the Nevada Gaming Commission and Nevada Gaming Control Board can view applicants’ records if they apply for a gaming license.

If you deny that you have a record and are discovered to have one, you haven’t broken the law. However, you may have eroded the confidence that someone previously had in your trustworthiness. To better understand who may access your sealed criminal records, you should talk to an experienced criminal defense lawyer.

Contact Our Record Sealing Attorneys Today 

Questions about getting your records sealed in Las Vegas? Reach out to a criminal defense lawyer at Adras & Altig today. We’ll help you understand your rights once your records are sealed and get you started on the path to a brighter future.

To learn more about how we can help, call or contact us now.

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Wednesday, June 23, 2021

Five Things You Need to Know About Battery Domestic Violence in Nevada

Have you been arrested for battery domestic violence in Nevada? Law enforcement and prosecutors take these charges seriously and will aggressively pursue them. Fortunately, an arrest never automatically guarantees a conviction. There are ways you can protect your rights. The following are five things you should know about battery domestic violence charges in Nevada:

1- You Need to Know How Nevada Defines Battery Domestic Violence

Nevada law broadly defines domestic violence as violence against another person in the context of some sort of intimate relationship. This includes violent acts to any of the following people related to the defendant:

  • Spouses or ex-spouses
  • Romantic partners
  • A co-parent
  • Anyone related to you by blood or marriage
  • The minor child of any of the people identified above
  • Their minor child
  • The custodian or legal guardian of their minor child

Battery is defined as the crime of intentionally using force or violence against another person. It includes things like punching, kicking, choking, cutting, and throwing objects at somebody. It’s important to know that you do not have to injure someone to be convicted of battery. Strictly speaking, all you have to do is intentionally and unlawfully touch someone in an unwanted, aggressive, or violent manner.

If you’re found guilty, the potential penalties for battery domestic violence include hefty fines, time in jail, mandatory domestic violence counseling, and community service. Battery domestic violence has mandatory jail time, even for first offenses. To protect your rights and give yourself the best chance of avoiding these penalties, get help from a knowledgeable Nevada criminal defense attorney.

2- You Might Be Able to Get Your Charges Reduced

Being charged with battery domestic violence can be scary and intimidating, but there are many ways to potentially get your charges reduced or dropped. Those methods include:

  • Filing a motion to suppress evidence obtained illegally
  • Demonstrating that you were acting in self-defense
  • Poking holes in the story from the police and the alleged victim
  • Negotiating a plea agreement with prosecutors to a lesser crime with less onerous penalties, such as simple battery

3- A Conviction for Battery Domestic Violence Can Impact Your Child Custody Case

Unsurprisingly, family courts do not look fondly on parents with domestic violence convictions on their record. A domestic violence conviction may cause a judge to rule that it is in the best interests of the child not be in the custody of a parent with a battery domestic violence conviction.

4- The Victim Can’t Simply ‘Drop the Charges’ 

Under Nevada law, police are required to investigate all allegations of domestic violence and make an arrest if warranted. Once an arrest is made, it’s up to the prosecutor to decide if the case goes forward or not. Even if the victim recants and wants the case dropped, the prosecutor can ignore their wishes and press on.

5- Unlike with Other Misdemeanors, You Can Get a Jury in Most Battery Domestic Violence Cases 

The Nevada Supreme Court has ruled that criminal defendants are entitled to a jury trial in battery domestic violence cases, even if the crime is charged as a misdemeanor. This ruling makes it currently the only misdemeanor in the State of Nevada where a defendant is entitled to a jury trial.

Pro Tip – Why You Should Contact a Domestic Violence Attorney

With your freedom, your ability to see your children, and more at stake, it’s vital to get help from an experienced domestic battery violence attorney if you are facing these charges.  At Adras & Altig Attorney at Law, we have more than 40 years of combined experience helping Nevada residents who are facing serious criminal charges, including battery domestic violence charges. Our collaborative approach means you get the full benefit of our entire team when you hire one of our skilled attorneys. Get a free case evaluation by calling our Las Vegas office or visiting our contact page.

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Wednesday, May 26, 2021

Domestic Violence by Strangulation in Nevada

Arguments are inevitable in any close relationship. Fights that escalate to a physical confrontation are taken seriously in Nevada. Domestic violence by strangulation is a felony in the state, punishable by both prison time and fines.

If you’ve been charged with strangling a romantic partner or family member, you need a Las Vegas domestic violence attorney now. There are criminal defenses that could result in your charges being reduced or dismissed. But it’s important to act quickly to protect your life, liberty, and reputation.

Talk to a lawyer at Adras & Altig today. We have more than 40 years of combined experience successfully defending people accused of criminal offenses in Nevada. Call or visit our contact page now for a free consultation.

How Does Nevada Law Define Domestic Battery by Strangulation?

Under Nevada law, domestic violence covers a wide range of acts against a spouse or former spouse, anyone you’re related to by blood or marriage, romantic partner or ex-partner, children and grandchildren, and anyone for whom you have been appointed as their legal guardian. The law specifically mentions:

  • Assault
  • Battery
  • Sex crimes
  • Harassing behavior (e.g., stalking, trespassing, arson, destruction of private property, etc.)
  • Kidnapping and false imprisonment

Strangulation is defined by a slightly different law, which describes it as “impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth” in a way that “creates a risk of death or substantial bodily harm.”

Finally, a third law says that if someone commits domestic violence using strangulation, they can be charged with a Category C felony. If the defendant also used a deadly weapon or was previously convicted of a domestic violence felony, they can be charged with a Category B felony.

What Are the Penalties?

Since domestic violence by strangulation in Nevada is a Category C felony, the penalties can be quite severe. According to section 193.190 of the Nevada Revised Statutes, the penalties for a Category C felony include between one to five years in prison and a fine of up to $10,000.

The penalties for a Category B felony for domestic violence by strangulation include between two to 15 years in prison and a fine of up to $10,000.

What Are Common Defense Strategies?

Some strategies defendants use in domestic violence by strangulation include:

  • Self-defense: If your partner or a family member attacks you, you have the right to defend yourself with reasonable force.
  • False accusation: In some cases, a family member or relationship partner will make a domestic violence accusation out of anger, jealousy, or a desire for revenge.
  • Accidental injury: A domestic violence conviction requires the prosecutor to prove intent. If you can show that the injuries the victim suffered were accidental, you can potentially have the charges against you dropped.
  • The injuries were minor and did not include strangulation: The element of strangulation makes this type of domestic violence a felony. If you can demonstrate that the injuries you caused were minor and not caused by strangulation, you may have the charges against you reduced to a misdemeanor.

Can the Record Be Sealed?

You can have the record for a domestic violence by strangulation conviction sealed, but you’ll have to wait 10 years from the conclusion of your case, including the end of any penalties you’ve incurred. Sealing the record requires a lot of work and legal know-how, so you’ll want help from an experienced criminal defense attorney.

What Are the Penalties for Strangulation in Non-Domestic Situations?

Battery by strangulation in non-domestic situations is a Category C felony under Nevada law. The potential penalties include one to five years in prison and a fine of up to $10,000.

If the battery by strangulation is committed with using a deadly weapon, it is considered a Category B felony, and the potential penalties include two to 15 years in prison and a fine of up to $10,000.

Contact a Las Vegas Domestic Violence Attorney

The criminal justice system does not take domestic violence allegations lightly. If you’ve been accused of domestic violence by strangulation in Nevada, a domestic violence attorney at Adras & Altig can review the facts of your case and identify the best possible defenses. Call or contact us now to get started.

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Electric Daisy Carnival Arrests

Every year, hundreds of thousands of people flock to the Electric Daisy Carnival (EDC) at the Las Vegas Motor Speedway. While most can enjoy the festival without encountering law enforcement, Las Vegas police typically make a significant number of arrests.

Most people are arrested for drug and alcohol-related offenses or assault and battery after getting into altercations with other attendees. If you plan to attend the Electric Daisy Carnival this year, the criminal defense lawyers at Adras & Altig want you to know what to expect. Read on to learn more.

What Is the Electric Daisy Carnival?

The Electric Daisy Carnival is a series of electronic dance music festivals that take place in multiple locations around the world. Although the EDC began as a one-day rave in Los Angeles, its flagship three-day festival has taken place in Las Vegas each summer since 2011, usually at the Las Vegas Motor Speedway. In addition to the centerpiece music that involves elaborate lights and stages, the festival also includes carnival rides and games, costumed and dance performers, and fireworks celebrations.

In 2021, the EDC was expected to be held in May, but the event was pushed back to late October due to ongoing COVID-19 restriction protocols in Las Vegas.

Arrests at Electric Daisy Carnival – Las Vegas

The Electric Daisy Carnival employs private security guards tasked with screening guests for illicit drugs and weapons, patrolling the carnival grounds, and responding to drug use, violence, or sexual assault. EDC security guards can detain carnival guests until Las Vegas or Clark County law enforcement arrives to arrest a detainee for a criminal offense officially.

However, EDC security guards are not required to follow many of the same constitutional requirements as police officers, such as warning you of your Miranda rights. Therefore, anything you say to EDC security after being detained may later be used against you by police and prosecutors.

Festival attendees have been arrested at EDC for offenses such as:

  • Drug possession
  • DUI
  • Assault and battery
  • Indecent exposure
  • Sexual assault
  • Solicitation of prostitution
  • Theft
  • Public urination
  • Disorderly conduct
  • Unlawful possession of weapons

Las Vegas Electric Daisy Carnival Lawyer

Judgment errors happen. If you are arrested at the Electric Daisy Carnival in Las Vegas, don’t panic and don’t despair. An arrest does not mean you will automatically be convicted. Depending on the type of criminal offense and the nature of your arrest, it might be possible to get the charges reduced or even dismissed.

An experienced Las Vegas Electric Daisy Carnival lawyer can review your case and advise you of your options. The goal will be to secure the best possible outcome for your situation, which is often the one with the least possible fines or jail time.

Adras & Altig – EDC Las Vegas Attorneys

If you’re arrested on drug charges or other criminal offenses while attending EDC in Las Vegas, get a criminal defense attorney from Adras & Altig on your side right away. We’re tough, experienced attorneys who will fight to protect your rights.

Our partners take a team-based approach to handling each client’s case. That means you benefit from our combined experience and knowledge. Contact us today for a free, confidential consultation.

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Thursday, May 20, 2021

No EDC This Summer, But EDM is Coming to Las Vegas

Las Vegas festival enthusiasts may be disappointed that the Electric Daisy Carnival was postponed until fall, but don’t despair — Insomniac is bringing Deadmau5 to the Downtown Las Vegas Events Center on May 21. It’s the first show at the center since the pandemic shut down much of the city last year.

As the nation emerges from the worst of COVID-19, it’s no surprise that people want to celebrate. At Adras & Altig, we share in that sense of relief. However, we also know that concerts and festivals are places where people sometimes party a little too hard. Keep yourself out of legal trouble by taking some free advice from our criminal defense lawyers.

What’s the EDC? 

The Electric Daisy Carnival (EDC) is a series of electronic music events that take place around the world. Its three-day flagship festival takes over Las Vegas each summer — and it would have been this weekend if not for the coronavirus.

As with any festival, people in celebratory mode sometimes overindulge or engage in activities they would not normally do if not for the excitement of the event. EDC has been marked by arrests for various criminal activities over the years, particularly but not limited to drunkenness, drug use, assaults, and prostitution.

The Big EDM Show

EDM stands for “electronic dance music.” It’s high-energy music you typically hear in clubs, raves, or anywhere where people are out dancing in crowds. It’s definitely not what health officials could have authorized last May when EDC was supposed to occur.

With life slowly returning to some semblance of normal, bringing Deadmau5 to downtown Las Vegas along with Nero (DJ set) and No Mana is bound to bring stress relief and joy to festival-goers. The show also kicks off a series of events that Insomniac is planning across two other weekends in Las Vegas, with dates to be announced.

Arrests at the EDM Show 

If you’re planning to attend the EDM show, remember that law enforcement will be on site. Here are some tips from Adras & Altig about how to have fun but avoid an arrest.

  • Drink responsibly. Alcohol is served throughout the events center, but watch your consumption. Have a designated driver or take a rideshare to avoid a DUI arrest.
  • Leave the weed at home. Though marijuana is legal in Las Vegas, you can’t smoke it in public.
  • Keep it cool. You’re there for fun. If you run into a conflict with another attendee at EDM, try to avoid a fight so that you aren’t charged with assault and battery.

With all of that said, mistakes happen. If you’re facing a DUI, drug possession, or another charge after attending the EDM show, it’s essential to contact a Las Vegas criminal defense lawyer.

Fighting Charges in Nevada

Being charged with a crime does not mean that you’re going to be found guilty of one. You need a criminal defense lawyer to investigate the circumstances of the arrest to determine the best way to fight the charges. Usually, that means pushing to have them reduced or dismissed.

When you need responsive help that you can count on after an arrest, call the Las Vegas criminal defense attorneys at Adras & Altig. We’re standing by to fight for your rights. Contact us now. 

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Tuesday, April 20, 2021

Sealing a Criminal Record for Drug Crimes

A conviction for a drug crime can be a mistake from your past that could haunt you forever. Having a criminal record may impact your opportunities for employment, housing, or education. Fortunately, drug offenders in Nevada may be entitled to have their criminal records and drug convictions sealed. This allows you to have a fresh start in your life, free from the stigma of a criminal record.

Need help sealing your criminal record for drug crimes? Turn to the Las Vegas drug charge attorneys at Adras & Altig. We are hard-nosed criminal defense attorneys who care about our clients’ well-being, freedom, and futures.

We understand that your case has real impacts on your life, so we never look at our clients as just names on a case file. We exclusively focus on fighting for the best outcome for you. With our law firm, you’ll benefit from experienced partners who adopt a team approach to working on behalf of our clients.

Sealing your criminal record can open a window of opportunity in your life that might otherwise stay closed. There’s nothing to lose by finding out how our firm can help you. Call or contact us today for a free consultation with a skilled criminal defense lawyer.

How to Get a Drug Charge Sealed 

Some states expunge criminal records, which destroys them so there is no record. But in Nevada, there’s no such thing as a drug felony expungement. Instead, criminal records are sealed.

When a criminal record is sealed in Nevada, the record continues to exist. However, the effect of sealing the record means that it cannot be accessed except by a court order to unseal the record. This means the record will not show up in a standard background check that a prospective employer or landlord may perform. In fact, the person with the record may be legally entitled to deny that the record even exists.

Having records of a drug conviction sealed begins with obtaining important documents, including your verified criminal history, any additional records relating to your charges that may exist in physical form, and a signed petition requesting to have your record sealed.

Petitions for sealing criminal records are approved or denied by the district attorney’s office in the county where you were convicted. If the DA’s office approves the order, they will send a sealing order to the court clerk to be signed by a judge. If the DA denies your petition, you can correct any deficiencies identified by the DA and resubmit your petition, or you may choose to petition the court for a hearing.

Can a Possession Charge Be Sealed?

Under Nevada Revised Statutes 453.3365, a record of conviction for the possession of controlled substances not for the purpose of sale, including all documents and docket entries in the case, may be ordered sealed by the court, provided the offender fulfills the terms and conditions of their probation or parole, and the court finds that the offender has been rehabilitated.

Can a Drug Felony Be Removed From Your Criminal Record?

Drug felonies can only be sealed under Nevada law. However, the length of time you must wait after you have completed your sentence of probation, incarceration, and/or parole will depend on the grading of your felony drug charge. Waiting times include:

  • Category A felony: 10 years
  • Category B, C, or D felony: 5 years
  • Category E felony: 2 years

Common Drug Crimes in Nevada

Drug possession charges may be misdemeanor or felony crimes, depending on the type of drug, the quantity, and the defendant’s history. First or second possession of a schedule I, II, III, or IV controlled substance is a category E felony. A third or subsequent offense is a category D felony.

A first offense of possession of a schedule V controlled substance is a category E felony. Second and subsequent offenses are category D felonies.

A first marijuana-related offense is considered a misdemeanor. A fourth or subsequent offense may be a category E felony.

Does a Felony Ever “Go Away?”

A record of a felony conviction in Nevada never disappears. However, by sealing the record of the conviction, it becomes invisible in background checks. It allows past offenders to move forward without the legacy of a conviction holding them back.

Want a Tough Drug Charge Attorney? Call Adras & Altig Today

You don’t deserve to have a past drug conviction derail your future. If you need to seal a criminal record for drug crimes in Nevada, get the Las Vegas criminal defense attorneys at Adras & Altig on your side. You can count on us to give your case our full attention so that you can move on with your life.

Call or contact us today for a free consultation.

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