Reasons to Hire a Criminal Defense Lawyer Instead of Public Defender

If you’re facing criminal charges in a Las Vegas court, you’ll need strong legal representation from an experienced criminal defense lawyer who’s committed to fighting for you. This is why it’s in a defendant’s best interest to hire an experienced criminal defense lawyer instead of settling for representation by a public defender.

Difference Between Public Defender and Private Attorney

A public defender is a court-appointed lawyer tasked with representing individuals who cannot afford to hire a criminal defense attorney in Las Vegas. This is required by the Sixth Amendment. It states that everyone has the right to “assistance of counsel for his defense.”

They are still licensed attorneys. However, they often do not have the experience, skill, or resources of a private lawyer. When looking for defense counsel, it’s important to weigh the advantages and disadvantages of hiring a public defender.

Is a Public Defender as Good as a Private Attorney?

Although a public defender must also complete law school and become licensed like all other lawyers, they often don’t provide the impressive legal services that private attorneys may. This isn’t necessarily because the public defender is less competent or knowledgeable. Public defenders often have other drawbacks that lead to less adequate representation.

Disadvantages of Hiring a Public Defender

Some public defenders are not as experienced as other criminal defense lawyers. In fact, some public defenders use the position to gain professional experience. However, even experienced public defenders might not be able to provide you with the quality representation you deserve. They usually have large caseloads and are juggling many cases simultaneously. 

Public defenders also tend to suggest that clients just take a plea deal more often. They may only be able to meet with you for a few minutes before you enter the deal. This means you may not fully understand exactly what you’re agreeing to sign.

A public defender won’t have access to the same resources as a private attorney. Most of the time, a private lawyer will also have additional associates, staff, and paralegals helping with your case. Besides assistance with administrative details, private lawyers have developed connections with expert witnesses. They will utilize private lab testing and private investigators to get all the facts. Adras & Altig knows that gaining the best results possible requires collaboration.

This all means that they won’t be able to devote the time or attention necessary to build the strongest criminal defense case on your behalf. However, an experienced criminal defense lawyer will always be committed to fighting for you. 

Talk to an Experienced Criminal Defense Attorney in Las Vegas, NV Today

If you’ve been charged with a criminal offense, you need someone skilled in dealing with Las Vegas courts. No matter what you decide, you need excellent legal representation before speaking to anyone. The experienced attorneys at Adras & Altig care about all our clients. That’s why we work together as a team in your defense to seek the best results. Call (702) 761-3186 or contact us online today for a free case evaluation. 

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2021 Criminal Justice Essay Scholarship Winners

After reviewing many impressive essays, the law firm of Adras & Altig is pleased to announce the winners of our fourth annual Adras & Altig Criminal Justice Essay Contest.

Congratulations to the three winners of our 2021 scholarships:

1st Place – Shane Christensen (Llano High School)

2nd Place – Steven Daley (Arizona State University)

3rd Place – Kiki Olafimihan (Western New England University)

The winners all provided thoughtful and well-written responses to answer the prompt. The essay prompt was: “How can our communities come together to prevent crime?” The applicants also addressed the crimes their own cities are battling the most in their essays. Their solutions show that they are independent thinkers looking to make a difference in their communities.

1st Place – Shane Christensen

Our first prize winner, Shane Christensen, attends Llano High School in a small rural Texas town. His essay discusses how neighborhoods coming together is essential to prevent crime. Christensen explains how his town struggles with a methamphetamine epidemic, where he even sees his fellow high schoolers abusing drugs. He believes his town would benefit from a neighborhood watch group to combat this particular issue. “Communication between citizens and the law is the key to cracking down on certain problems in a society,” he explains. Christensen also states that funding should be provided to establish better lighting and cleanup throughout the town, as drug use and dealing runs rampant in the dark of night. He believes that through these methods, his town will be able to stop the production and distribution of drugs, as well as provide more safety for residents.

2nd Place – Steven Daley

Second place is Steven Daley at Arizona State University, who addresses the circumstances that may lead some people to commit crimes. As he explains, “When people are unable to afford basic goods and services, they are more likely to meet their basic needs by committing crimes that give them the funds they need.” Daley believes that the way to prevent crime is to invest in services that can assist the needy with low-cost food, housing, transportation, medical treatment, and other essential goods and services. By ensuring people have the means to succeed and be gainfully employed, the need for many types of crimes will decrease.

3rd Place – Kiki Olafimihan

Kiki Olafimihan, who attends Western New England University, sees the solution as requiring cooperation from many levels of society. This begins on a grassroots level to provide resources to the community and misguided youth. She also explains how cleaning up the community can help prevent vandalism, as a clean environment is less welcoming to crime. Olafimihan then states that there must also be involvement from the government level. The consequences of a criminal record frequently keep people from getting back on their feet, and they instead fall back into the cycle of crime. She explains, “Recognizing the unfairness of restricting relief to those without the means to financially fulfill certain obligations may prevent a recurrence of crime in the community.”

These talented writers will receive scholarship funds from our law firm to assist with education-related expenses. Adras & Altig sees the benefit of supporting others’ efforts to obtain the education they deserve, as this helps to serve and better our Las Vegas community. We are excited to see how these students grow and come to achieve their personal and professional goals! Congratulations again to the winners, and stay tuned for next year’s scholarship competition.

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Can a Convicted Felon Own a Gun in Nevada?

A felony conviction could have a wide-ranging impact on your life, including the loss of what many to be considered fundamental civil rights like the right to vote, to sit on a jury, or to own and possess firearms.

While the Second Amendment of the Constitution protects individuals’ right to own guns, some state, and federal laws prohibit those convicted of felony crimes from owning or possessing a firearm.

Nevada law states that if you have been convicted of a felony in any state or on the federal level, you may not possess a firearm. Not only can a convicted felon not possess a firearm in Nevada, but they also can’t obtain firearm ammunition or operate a gun. This means a convicted felon in Nevada can’t fire a gun range, for example.

When Can a Felon Own a Gun in Nevada?

If you’ve been convicted of a misdemeanor or felony domestic violence offense either federally, in Nevada, or in another state, you could lose your right to own or possess a firearm. There are no exceptions for restoring those rights based on Nevada law.

So, you might wonder, “Can a convicted felon ever own a gun?” If you’ve been convicted of a federal felony offense but not a state felony, you might be able to regain the right to own or possess a firearm.

Additionally, you might be able to have your federal felony conviction reduced to a misdemeanor. Your ability to get your federal felony conviction reduced to a misdemeanor offense depends on the offense, the facts surrounding the offense, and your criminal history. A judge will determine whether to reduce your felony conviction or not. If your felony conviction is reduced to a conviction for a misdemeanor offense, then you may be able to have your gun rights restored.

Also, if your federal conviction is vacated or expunged, you could reclaim your right to own and possess a firearm.

If you’ve been convicted of a felony in Nevada, the only way you may be able to have your gun rights restored is by receiving a pardon. Obtaining a pardon can be a challenging process, and pardons are rarely granted. You must submit a request for a pardon to the Nevada Board of Pardons Commissioners. After which, they’ll review the facts of your case and personal history and decide whether to grant you a pardon.

Firearm Possession Penalties for Nevada Felons

A convicted felon who is found to possess a firearm in Nevada could face steep penalties.

Possession of a firearm by a felon is a Class B felony. For this offense, a Class B felony in Nevada carries a punishment of between one- and six-years imprisonment. It also carries the penalty of a fine of up to $5,000.

Talk to an Experienced Weapon Crimes Attorney in Las Vegas, NV

If you have questions about your rights, like “Can felons buy guns?” or “How long before a convicted felon can own a gun?” don’t be afraid to reach out to Adras & Altig, Attorneys at Law. Our Las Vegas weapons crimes lawyers have the knowledge, skills, and resources to fight for you. We understand the consequences a felony conviction could have on your life, including your right to bear arms. Don’t let a conviction rob you of your civil liberties. Instead, call us or reach out to us online for help. We’ll discuss your situation and how we could mount a strong defense on your behalf.

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Is Assault with a Deadly Weapon a Felony?

Being charged with a violent crime in Nevada is serious – particularly when that crime involves a weapon. Nevada categorizes assault with a deadly weapon as a Class B felony, and a conviction means significant jail time and steep fines.

If you’ve been charged with assault with a deadly weapon or another violent crime, you need help from a Las Vegas criminal defense attorney right away. At Adras & Altig, our collaborative approach and more than 40 years of experience make us able to provide exceptional legal representation for our clients. We are ready to fight to protect your rights and prepare a strong defense if your case goes to trial. Contact our office today to learn more.

What Is Assault with a Deadly Weapon?

You can find the state law defining assault in Section 200.471 of the Nevada Revised Statutes (NRS). This law broadly defines assault as unlawfully trying to use physical force against someone or intentionally placing them in a situation where they have a reasonable fear of immediate bodily harm. That last part is important, as it means you can be charged with assault even if you do not directly harm someone.

Assault with a deadly weapon is the crime of assault committed with the use of a weapon and is consequently a more serious crime. While simple assault is classed as a misdemeanor, assault with a deadly weapon is a Class B felony in Nevada.

Related Offenses

There are a few offenses that are distinct from assault but are related. Battery, as defined in NRS Section 200.481, is when someone willfully and unlawfully injures someone through physical force. You can be charged with assault just for threatening someone, but you need to actually hurt them to be charged with battery. Using a deadly weapon while committing battery entails stiffer penalties.

Robbery is another crime that might be committed along with assault. According to NRS Section 200.380, a person commits robbery when they take someone else’s property directly off their person or in their presence using force or the threat of force. As with battery, using a deadly weapon during a robbery carries stiffer penalties for the offender.

Penalties for a Nevada Assault with a Deadly Weapon Charge

A simple assault charge in Nevada is considered a misdemeanor if no deadly weapon was used and the victim was not a member of a protected group (healthcare workers, police, firefighters, state employees, school employees, security guards, etc.). However, assault with a deadly weapon is always a Category B felony in Nevada, punishable by one to six years in prison, up to $5,000 in fines, or both.

Contact a Las Vegas Criminal Defense Lawyer Today

If you’ve been charged with assault with a deadly weapon in Nevada, you need help from an experienced criminal defense attorney immediately. At Adras & Altig, we know how to investigate your case, craft a compelling defense, and effectively advocate for you at trial. Contact us to speak with one of our experienced Las Vegas criminal defense lawyers today.

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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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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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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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