Wednesday, April 26, 2023

New Nevada Law Could Increase Reckless Driving Penalties

The father of a Nevada teenager killed by a speeding driver has petitioned his state representatives to work on a bill that, if passed, would dramatically increase the penalties for reckless driving when it results in serious bodily injury or death. The legislators sponsoring the bill hope that making punishments more severe will encourage Nevada motorists to obey the law and drive more carefully.

Of course, irresponsible driving is a serious and ongoing problem in the United States. On the other hand, there is also longstanding controversy surrounding the human costs associated with mandatory minimum sentences.

Notwithstanding arguments on both sides, the legal team at Adras & Altig, Attorneys at Law, remains committed to ensuring that our clients are fully informed about their legal rights and have access to the excellent legal representation we all deserve when facing criminal charges. If you are facing reckless driving charges, contact us today to schedule a free, confidential consultation with an experienced criminal defense attorney.

What Is Rex’s Law?

Senate Bill 322, also known as “Rex’s Law,” is a proposed piece of legislation currently under consideration by the Nevada legislature that would increase the penalties for reckless driving convictions. The bill is named in honor of Rex Patchett, a 13-year-old who suffered fatal injuries when he was struck by a driver going more than 90 miles per hour while traveling in a school zone in early 2022. After being prompted by Rex’s father, Senator Jeff Stone and Assemblyman Toby Yurek came together to sponsor the proposal.

The driver received a maximum sentence under the current reckless driving statute — six years with the possibility of parole after serving two years. The proposed law would raise the minimum sentence for a reckless driving conviction to 10-20 years if the underlying crime leads to “substantial bodily harm” or death. The law would also authorize an additional seven-year sentence for offenses that occur within a school or construction zone.

Advocates for the change argue that the current maximum sentence for reckless driving insufficiently punishes the kind of behavior that led to Rex’s death. Assemblyman Yurek, who is also a former police officer, equates the severity of this behavior to driving under the influence of alcohol, arguing that both crimes require defendants to actively choose a reckless course of action.

Reckless Driving Statistics in Nevada

According to the Nevada Department of Public Safety, law enforcement officers across the state issued 167 citations for reckless driving in 2021 alone. Further, there were 385 traffic fatalities in 2021 and 382 in 2022. To combat these numbers, Nevada’s reckless driving statute makes it illegal to:

  • Drive a vehicle in willful or wanton disregard for the safety of persons or property on a highway or premises to which the public has access.
  • Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
  • Organize an unauthorized speed contest on a highway or premises to which the public has access.
  • Drive a vehicle in an unauthorized trick-driving display on a public highway.
  • Facilitate an unauthorized trick-driving display on a public highway.

Consult With an Experienced Criminal Defense Attorney Today

The right to legal counsel is the cornerstone of the criminal justice system. At Adras & Altig, Attorneys at Law, we believe that anyone facing criminal prosecution deserves high-quality legal representation. We are committed to providing that representation to each of our clients. If you are facing a reckless driving charge, contact us today to schedule a free, confidential consultation with an experienced criminal defense attorney.

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Friday, March 17, 2023

How to Handle Criminal Charges During March Madness

College basketball fans look forward to the month of March, when they can all flood stadiums, restaurants, and bars to watch the tournament together. But with large crowds, plenty of drinks, and competitive sports betting all around, trouble with the law may be closer than you’d think. 

So what do you need to be careful about during March Madness 2023 – and what do you do if you’re facing criminal charges anyway?

What Is March Madness?

March Madness is the period from mid-March to early-April when the National Collegiate Athletic Association (NCAA) men’s and women’s college basketball hold their tournaments. This year, gamblers and basketball fans alike will be heading to Las Vegas’ T-Mobile Arena for the West Region Sweet 16 and Elite 8 games on March 23 and 25, 2023. 

But while this should be a fun time for all, the event can quickly be ruined by a simple mistake with serious consequences.

What Should I Do If I Get a DUI Charge During March Madness?

Drinking is a staple of most March Madness viewing parties – especially in Las Vegas. However, a few too many can turn a nice buzz into a serious driving under the influence (DUI) charge. If you find yourself facing a DUI charge after your March Madness celebration, you should take these steps:

    • Do not talk to the police without a lawyer. Contact an experienced Las Vegas DUI defense attorney to protect your rights and guide you through the process.
    • Request an administrative hearing before the Department of Motor Vehicles (DMV) to stop your driver’s license suspension within seven days.
    • Apply for a “restricted license” if you have to drive for work, school, and other needs.
    • Pay any reinstatement fees or fines, take several DMV tests, buy special auto insurance, install an ignition interlock device, and complete all other requirements to restore your driving privileges.
  • Work with your attorney to build a defense against your DUI charges, including finding witnesses and evidence.

How to Deal with a March Madness Illegal Gambling Charge 

Gambling is legal in Las Vegas. However, there are other ways to get into legal trouble when gambling. If you’re arrested for cheating, gambling while underage, or otherwise gambling illegally, you should reach out to a lawyer as soon as possible. Depending on the alleged crime, you may risk jail time and other severe consequences. A Las Vegas gambling defense attorney can help you with your next steps to pursue the best possible outcome.

Other Possible Criminal Charges During March Madness

While the abundance of alcohol and gambling on the Strip make DUI and illegal gambling common offenses, these aren’t the only charges you may face after March Madness. Some other common criminal offenses basketball fans may be charged with include:

  • Assault and battery
  • Drug possession
  • Underage drinking
  • Fraud and identity theft
  • Sex crimes
  • Robbery and burglary
  • Traffic violations

A skilled Las Vegas criminal defense attorney can help you with these charges and more.

Contact a Las Vegas Criminal Defense Lawyer for Help

March Madness should be a fun time for you to enjoy the tournament in Las Vegas. But that excitement can quickly get out of control with serious consequences. If you’re facing criminal charges after March Madness in Las Vegas, an experienced defense lawyer from Adras & Altig, Attorneys at Law can protect your rights and build a strong case in your defense.

Contact us today for a free consultation to learn more about how we can help.

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Wednesday, February 8, 2023

Las Vegas Police Make Arrest in Woman’s Beating Death From Last Year

A man has been charged with the kidnapping and murder of a Las Vegas woman. The defendant, 37-year-old Ferrari Busby, is accused of beating Jasmine Wilson, 29, in November. She later died at Sunrise Hospital from the injuries. 

According to Busby, Wilson was his fiance who he has known for about two years. He alleges that they got into an argument before Wilson jumped out of the car while they were going 40 mph. 

The police report states that camera footage from a home in the area shows Wilson falling out of the moving car, hitting the ground, and not moving. Busby is then seen parking, dragging Wilson about 70 feet, and putting her back in the vehicle. Busby is currently being held without bail and has another court date scheduled in February.

Domestic Violence Statistics in Las Vegas

According to the National Domestic Violence Hotline, they received nearly 1,800 contacts from Nevada in a recent year. They report 95 percent of these contacts were for emotional and verbal abuse, while 71 percent report experiencing physical abuse. The city with the highest contact volume was Las Vegas, with 69 percent of all contacts. 

Domestic Battery Penalties

The consequences for a domestic battery conviction in Nevada will depend on the case. Any weapons involved, previous convictions, and other special circumstances can all affect what penalties the defendant may face. 

A first domestic battery conviction is a misdemeanor and may come with the following penalties:

  • 2 days to 6 months in jail
  • 48 to 120 hours of community service
  • $200 to $1,000 fine, plus assessments
  • Domestic violence counseling for 1.5 hours per week for 6 to 12 months, at the defendant’s expense
  • Participation in an alcohol or drug treatment program
  • Costs of counseling for underage victims

While a second offense within seven years is still a misdemeanor, the consequences may include: 

  • 10 days to 6 months in jail
  • 100 to 200 hours of community service
  • $500 to $1,000 fine, plus assessments
  • Domestic violence counseling for 1.5 hours per week for 12 months, at the defendant’s expense
  • Participation in an alcohol or drug treatment program
  • Costs of counseling for underage victims

The third offense in seven years is a category C felony and has the following penalties: 

  • 1 to 5 years in prison
  • Up to $10,000 in fines

There may be more severe penalties if the case involves strangulation, substantial bodily harm, or use of a deadly weapon. 

Contact an Experienced Domestic Battery Defense Attorney in Las Vegas Today

With your freedom and reputation on the line, you need a strong defense after being charged with domestic battery in Nevada. At Adras & Altig, Attorneys at Law, we understand what you’re up against and are ready to help. To learn more about how to protect your rights, contact our Las Vegas domestic violence defense lawyers today for a free consultation.

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Wednesday, February 1, 2023

Former Energy Department Official Accused of Stealing Luggage from Las Vegas Airport

A former top official in the U.S. Department of Energy (DOE) is facing accusations of stealing luggage from an airport for the second time in just over a month.

Sam Brinton, the DOE’s former deputy assistant secretary for the Office of Spent Fuel and Waste Disposition, recently appeared in court in Las Vegas on charges of grand larceny for allegedly stealing a piece of luggage from Harry Reid International Airport. DOE officials issued a statement the week of Brinton’s court appearance saying the 35-year-old civil servant no longer works for the agency.

Police say in the arrest warrant that Brinton “can clearly be seen and identified on video stealing” someone’s luggage from a carousel at the baggage claim at the Las Vegas airport before leaving with it. The suitcase’s owner estimates that the hard-case bag and contents were worth more than $3,600, including roughly $1,700 in jewelry and $500 in makeup.

Brinton, who uses they/them pronouns, was previously placed on administrative leave by the DOE following a criminal complaint accusing them of stealing a Vera Bradley suitcase at the Minneapolis-St. Paul International Airport. Brinton told police they picked up the wrong bag because they were tired and then “got nervous” and “did not know what to do.” Brinton has not publicly commented on either case.

What Charges Can You Face for Stealing Luggage?

Individuals accused of stealing luggage at an airport in Las Vegas can face the following types of criminal charges:

  • Petty larceny – Under Nevada law, petty larceny occurs when someone deliberately steals less than $1,200 worth of someone else’s property. Petty larceny is a misdemeanor crime in Nevada, punishable by up to six months in jail, restitution for the victim’s losses, and up to $1,000 in fines.
  • Grand larceny – It is considered grand larceny in Nevada when someone deliberately steals someone else’s property worth $1,200 or more. The severity of a grand larceny charge can vary depending on the value of the stolen items. For instance:
    • Stealing property worth $1,200 to $4,999 is a category D felony, punishable by one to four years in prison and a $5,000 fine.
    • Stealing property worth $5,000 to $24,999 is a category C felony, punishable by one to five years in prison and up to $10,000 in fines.
    • Stealing property worth $25,000 to $99,999 is a category B felony, punishable by one to 10 years in prison and up to $10,000 in fines.
    • Stealing property worth $100,000 or more is a category B felony, punishable by one to 20 years in prison and up to $15,000 in fines.

Contact Our Las Vegas Criminal Defense Lawyers If You’re Accused of a Felony Suitcase Theft

If you are facing accusations of suitcase theft in Las Vegas, you should get in touch with a criminal defense lawyer as soon as possible. While the consequences of a conviction could impact your livelihood and well-being, an attorney can help you defend your rights and protect your future. Contact Adras & Altig, Attorneys at Law today to discuss the specifics of your case in a free initial case review.

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Friday, January 6, 2023

Teacher Arrested for Alleged Child Molestation in Las Vegas

Sexual assault is a serious offense in Nevada, with equally severe penalties on conviction. Consider a recent case involving a Las Vegas elementary school teacher as an example of how seriously the authorities take these cases.

Las Vegas Elementary School Teacher Accused of Molesting a Student

According to KTNV, police recently arrested Walker Richardson on allegations that he inappropriately touched a student. Richardson, 52, taught at Sunrise Acres Elementary School near downtown Las Vegas. Police say there may be other victims and encourage them to come forward.

Richardson is facing charges of sexual assault against a child younger than 14 and kidnapping of a minor. Under NRS 200.366, sexual assault against a child younger than 14 is a category A felony. This conviction carries a lifetime prison sentence with the possibility of parole beginning after 35 years. NRS 200.310 lays out the penalties for kidnapping, which can be as much as life in prison without the possibility of parole.

What Should You Do If You Are Accused of Sexual Assault?

Conviction of sexual assault in Nevada carries severe penalties, starting with a lifetime prison sentence with the possibility of parole after 10 years. Even after release, a convict must register as a sex offender, which can have enormous practical and social consequences.

When the stakes of conviction are this high, your defense should be as strong as possible. Here is what you need to do if you are accused of sexual assault:

  • Say as little as possible– Anything you say could damage your case or reputation, no matter how innocent it may seem. Do not speak to police or prosecutors without a lawyer present. Avoid making any public statements or posting to social media about the allegations.
  • Preserve evidence– Save physical evidence related to the alleged offense, such as clothing, photos, videos, and other items. Anything showing you were elsewhere at the time and place where the alleged crime occurred is particularly important.
  • Make a list of witnesses– Write down the names of anyone who might be able to corroborate your story or show you did not commit the crime in question. However, wait to speak to potential witnesses until you have hired a lawyer.
  • Hire a sexual assault defense attorney immediately– Sexual assault and similar offenses carry hefty prison terms and other penalties. A lawyer can review your situation, determine your potential defenses, and help you pursue the best outcome, given the circumstances.

What Should You Avoid Doing If You Are Accused of Sexual Assault?

Just as there are critical steps to take if the police accuse you of sexual assault, there are also things you absolutely should not do, such as:

  • Talking to the alleged victim or people they know
  • Speaking to the police or prosecutors without an attorney present
  • Giving evidence to law enforcement without talking to your lawyer first
  • Making public statements about the alleged offense

How Can a Criminal Defense Lawyer in Las Vegas Help?

Under no circumstances should you try to handle a sexual assault or child molestation case yourself. There is simply too much at stake to go without the help of an experienced attorney. A sexual assault defense lawyer can help you with your case by:

  • Explaining the charges and potential penalties
  • Examining the evidence against you and looking for holes in the prosecution’s case
  • Investigating the accusations independently to determine their merits
  • Suppressing any evidence obtained through an illegal search
  • Negotiating for a plea deal, if it is the right move for your circumstances
  • Preparing your defense strategy if your case goes to trial

The criminal defense team at Adras & Altig, Attorneys at Law have considerable experience with sexual assault cases and are prepared to work tirelessly to protect your rights. Contact our office now for a free consultation with a Las Vegas child molestation defense attorney.

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Wednesday, January 4, 2023

What Are Your Rights When Dealing with the Police?

Police interactions are often stressful and come with the possibility of a citation or arrest. It’s essential to treat every police encounter with extreme caution. The police and prosecutors can use anything you say or do against you. The best way to avoid unnecessary escalations, charges, or arrests is to know your rights when dealing with the police.

If you’ve been questioned or detained, contact the criminal defense lawyers of Adras & Altig, Attorneys at Law to learn more. 

General Rules to Consider When Talking to the Police

When a police officer confronts you, your goal should be to keep the interaction as brief and uneventful as possible. The more information you give the officer, the more they’ll have to use against you. Here are some general rules to bear in mind any time you talk to the police:

  • Be wary of providing consent — Unless the police have reason to believe you have committed a specific crime, you do not have to give them information or allow them to search you. But if you consent to a conversation or search, the police can legally use any information they gather against you.
  • Understand Nevada’s stop-and-identify laws — If a police officer stops you in public, Nevada law says you must identify yourself by name. Importantly, you do not have to provide proof of ID unless the police stop you while you are driving.
  • Know when to expect a Miranda warning — In movies and TV shows, the police always inform people of their Constitutional rights by issuing a Miranda warning. In reality, this warning is only necessary when the police interrogate you while you are detained in police custody. But remember, you still have the rights listed in the warning regardless of whether the police informed you of them.
  • Exercise your right to remain silent — Whether or not you think the police may suspect you of a crime, remaining silent is always a smart move. If the police stop you, identify yourself as necessary, but do not answer other questions. You have no legal obligation to do so — and your answers can only hurt you. 
  • Stay calm, be truthful, and don’t resist — Remain calm and respectful throughout any police encounter. Never try to run from or obstruct any officer. Do not lie, misrepresent yourself, or resist arrest, even if the police have no grounds for the arrest. Follow police orders and keep yourself safe.

What Are Your Rights When You’re Stopped or Pulled Over by the Police?

If the police stop you in public, remember that you have rights under the U.S. Constitution:

  • Once you identify yourself, you have the right to remain silent. You do not have to answer questions about what you are doing or where you are going. 
  • You have the right not to consent to a search of you or your property.
  • If the police arrest you, you have the right to representation by an attorney.

If you get pulled over while driving in Nevada, your legal rights are slightly different:

  • Upon request, you must show the police your driver’s license, vehicle registration, and proof of valid insurance.
  • If the police believe you have committed a traffic offense, they have the right to arrest you. If they reasonably suspect someone in the car has a weapon, they can also conduct a brief search of you and your passengers.
  • Unless the police have a search warrant or reasonable belief there is evidence of a crime, you can withhold consent for the search of your car.

What Are Your Rights When the Police Show Up at Your Door?

Here’s what to know about your rights if a police officer comes to your home in Nevada:

  • You have no legal obligation to let the police enter your home or answer their questions unless they have a warrant or a justifiable emergency. 
  • If the police are not there to arrest you, you have the right to ask them to come back later. Even a brief delay can give you more time to learn about your rights and speak with a defense lawyer.
  • If you allow a police officer to enter your home, remember that the officer can seize evidence of potential criminal activity if it is in “plain view” and use that evidence against you even without a warrant.

What Should You Do If You Think Your Rights Were Violated?

Police are supposed to protect and serve their communities. But far too often, officers abuse their positions of trust by violating the rights guaranteed in the U.S. Constitution. If you suspect a Nevada police officer violated your rights, you should:

  • Write down everything you remember about the encounter, including officer names, badge and patrol car numbers, and anything else that stood out.
  • Collect statements and contact details from witnesses who saw the encounter.
  • If you were hurt, seek medical care to have your injuries treated.
  • File a complaint with the department’s office of internal affairs or complaint board.
  • Contact a criminal defense attorney immediately.

What Should You Do If You Witness Police Brutality?

If you see a police officer violating someone’s human rights, such as by using excessive use of force or racial abuse, you should:

  • Record the incident from a safe distance using your cell phone. If an event is plainly visible in a public space, you have the right to watch and record it. 
  • Never try to hide the fact that you are recording someone else. 
  • Know that the police cannot take your phone or search through your data without a warrant or your consent. 
  • Know that the police might arrest you for refusing to stop recording them, even though the arrest would not be lawful. 
  • Whether or not you get a video recording, write down everything you remember about the incident as soon as possible afterward.

Contact Adras & Altig, Attorneys at Law If You Are Being Criminally Charged

If you are facing criminal accusations or charges in Nevada, contact Adras & Altig, Attorneys at Law right away. Our knowledgeable criminal defense attorneys are standing by to answer your questions, protect your rights, and begin work on your case immediately. Don’t hesitate to reach out for your free initial consultation session.

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