Las Vegas Gambling Diversion Program

Gambling dependency is a common form of addiction in Nevada. The International Center for Responsible Gaming (ICRG) reports that around one percent of the United States population has a significant gambling problem, amounting to millions of people addicted to gambling nationwide.

Standard punishments like incarceration rarely break the cycle of gambling dependency. This is why Nevada has explored programs like the Gambling Diversion Program as a more humane alternative that’s also beneficial to society.

What Is the Gambling Diversion Program?

Chapter 458A of the Nevada Revised Statutes (NRS) went into effect on October 1, 2009. This law gives courts the authority to create alternative sentencing programs for people addicted to gambling. The idea is that helping addicts get treatment for their gambling addiction will make them less likely to commit additional crimes in the future.

These programs generally involve little to no time in jail or prison. Instead, people convicted of crimes are assigned to treatment programs and counseling sessions so they can overcome their gambling addiction. They are also supposed to make restitution to anyone impacted by their crimes.

How Does the Program Work?

Before someone can be approved for a Gambling Diversion Program, they must meet certain requirements, including that they:

• Committed their crime because of their addiction
• Did not commit a violent crime, sexual offense, or act of domestic violence
• Have no additional felony charges pending
• Are not currently on probation or parole
• Have not previously been sentenced to a Gambling Diversion Program

If the offender can show they meet these requirements, the court will hold a hearing to determine if they have a gambling addiction disorder and would benefit from a gambling treatment program. They can have their sentence deferred and their criminal records sealed if they’re sentenced to a Gambling Diversion Program and complete the terms of their sentence. Some of the terms may include covering expenses, random drug testing, wearing a GPS device, and paying the victim restitution.

Why Do We Need a Program for Gambling Addiction Treatment?

The criminal justice system has recognized that traditional sentencing measures don’t prevent some from committing additional crimes. A person with an addiction who does not receive treatment will likely still have addiction issues after being released from prison, increasing the chances of committing more crimes. Considering how much it costs to keep someone incarcerated, treating someone’s addiction and reducing their likelihood of re-offending can save the state money in the long run.

Reach Out to a Compassionate Criminal Defense Lawyer

If you have a gambling addiction and have been accused of a crime, the Las Vegas criminal defense lawyers at Adras & Altig, Attorneys at Law may be able to help you obtain approval for a Gambling Diversion Program. Contact us today to learn more about how we can help you with a free consultation.

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What Are the Most Common Sex Offenses in Las Vegas, Nevada?

Nevada has a long sexual crime list with various sexual activities considered criminal sex offenses under Nevada law. The severity of the consequences depends on the crime, but most come with high fines, jail time, and registration on the sex offender list. The most common types of sex crimes in Nevada include the following:

 

• Incest – Incest is defined as marriage or sexual relations between two relatives closer than second cousins.
• Voyeurism – Also known as “peeping,” voyeurism involves going onto another person’s property with the intent to look through their windows, doors, or other openings.
• Rape – Sexual assault, or rape, involves engaging in penetrative sex with a non-consenting individual or someone legally incapable of consent, usually using force.
• Sodomy – Historically, sodomy referred to any penetrative sexual act other than vaginal intercourse. Today, the crime of sodomy in Nevada only prohibits public acts of oral or anal sex.
• Bestiality – When a human knowingly performs a sex act on an animal, it’s referred to as bestiality.
• Prostitution – This crime is the performance of a sex act on another person for compensation or other exchange of benefits. Prostitution is legal in licensed brothels in several counties in Nevada. Clark County, which includes Las Vegas, currently prohibits prostitution.
• Sexual harassment – Sexual harassment can involve making offensive comments of a sexual nature or regarding a person’s sex or gender. It also includes making unwanted sexual advances or requesting sexual favors in exchange for favorable treatment.
• Sex trafficking – Sex trafficking is defined as forcing someone to engage in prostitution, including holding or transporting someone to engage in prostitution. This crime usually involves threats, force, violence, duress, coercion, or intimidation.
• Indecent exposure – Indecent exposure is when someone exposes their intimate parts in public or a private place visible to the public.
• Child molestation – This crime involves engaging in acts of sexual contact or touching intimate parts with a child aged 15 or younger.
• Child exploitation – In Nevada, “child exploitation” is a catch-all crime that outlaws any sexual abuse of a minor that is not otherwise outlawed by another criminal offense.
• Solicitation of prostitution – Nevada law prohibits the solicitation of prostitution services outside of any licensed brothel in the state.
• Sexual extortion – This crime occurs when someone uses threats or coercion to force a person to engage in sexual acts.
• Statutory sexual seduction – Also known as statutory rape, statutory sexual seduction involves any act of sexual penetration between someone at least 18 years old and a minor who is 14 or 15 and more than four years younger than the adult. The offense can be charged even if both parties consented.
• Unlawful dissemination of an intimate image – Nevada prohibits taking an image of another person’s private area without their consent and under circumstances where the other person had a reasonable expectation of privacy.

Charged with a Sex Crime in Las Vegas, NV? Talk to Our Experienced Sex Crimes Attorneys Today

If you have been charged with one of these or another sex offender crime in Las Vegas, contact Adras & Altig, Attorneys at Law today as soon as possible for a free, confidential consultation. You can speak with our experienced sex crimes attorneys about your legal options. Our attorneys use a team-based approach to every case we handle, focusing on obtaining the best possible results for you.

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Why are sex crimes treated differently?

If you’ve been charged with a sex crime, the possible consequences can be concerning. It can seem that sex-related crimes hold more weight in court than others. This is seen in the long-lasting punishments and judgement from the public for those convicted of sex crimes.

If you’re facing sex-related criminal allegations in Nevada, you need a sex crimes defense attorney who can provide you with the best representation possible. At Adras & Altig, Attorneys at Law, we will work to find any flaws in the prosecution’s case that can be used to show your guilt cannot be proven beyond reasonable doubt.

What Crimes Make Someone a Sex Offender?

If someone is convicted of an offense considered that’s a sex crime, they may be required to register as a sex offender. Sex crimes are offenses involving sexual acts with someone who either didn’t or couldn’t consent to participate. This can also involve the use of violence in a sexual act.

Some sex crimes that may make someone a sex offender include the following:

• Sexual assault
• Rape
• Statutory rape
• Child pornography
• Public indecency
• Prostitution
• Child molestation

How Serious Are Sex Crimes?

Depending on the factors involved in the incident, a sex crime conviction can have serious consequences. Some sex crimes may only be misdemeanor charges, but more severe crimes can be felonies.

Something that may seem simple and innocent, such as urinating in public, could lead to a sex crime charge. However, this will often only be a misdemeanor on the first offense. Prostitution will also likely be charged as a misdemeanor on the first offense in illegal counties. Most other sex crimes are considered serious offenses and come with punishments such as fines, incarceration, and sex offender registration.

What Crimes Require Sex Offender Registration in Las Vegas?

Nevada law outlines what is considered a sex crime in the state. The following crimes usually require the defendant to register as a sex offender in Nevada if convicted:

• Sexual abuse or exploitation of a child
• Battery with intent to commit sexual assault
• Indecent exposure
• Incest
• Lewdness with a child
• Luring a child or mentally ill person
• Murder committed in the course of a successful or attempted sex crime
• Child pornography
• Sexual assault
• Sexually motivated offenses
• Sexual penetration with a dead body
• Statutory rape

Are Sex Crimes Federal or State?

Whether a sex crime is prosecuted federally or by the state depends on the severity of the crime and where it took place. If a sex crime occurs on federal property or crosses state lines, it becomes a federal crime. Certain factors can aggravate a sex crime and make it a federal crime. These factors typically include abuse against a minor, use of a weapon, and multiple offenses.

Charged with a Sex Crime? Talk to a Las Vegas Criminal Defense Lawyer Today

Beyond the criminal punishments you’ll face if convicted of a sex crime, even just an accusation can hurt your reputation. If you’ve been charged with a sex-related crime, you deserve the best defense possible. Contact the Las Vegas sex crime lawyers at Adras & Altig, Attorneys at Law to discuss your case today.

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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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