Las Vegas Metropolitan Police Will Increase DUI Enforcement in October

From now until Halloween, the Las Vegas Metropolitan Police (LVMPD), Nevada State Police, and Highway Patrol Division will team up to increase DUI enforcement. This announcement comes after LVMPD received millions of dollars in grants to focus on catching impaired drivers.

Police will assign extra patrol offices to DUI enforcement this month. They will also send additional officers with phlebotomists seven days a week. This will allow them to draw blood from people arrested for impaired driving to document evidence for prosecution.

DUI Statistics in Nevada

This initiative against DUI accidents comes because impaired driving is consistently the most common cause of injuries and deaths on Nevada roadways, according to police. DUI statistics in Nevada support this.

One recent year, Nevada reported 92 fatalities caused by alcohol-impaired driving. Those deaths make up about 30 percent of the state’s total fatalities that year. Of those alcohol-impaired driving fatalities, over 77 percent were caused by drivers with a blood alcohol concentration (BAC) of over 0.15 percent. There were over 11,000 DUI arrests in Nevada that year.

What to Do When Facing DUI Charges

There are a few steps you need to take after being charged with a DUI — and you don’t have long to take them. To protect your rights, you need to:

• Contact a Las Vegas DUI defense lawyer — Before you do anything, you should have an attorney on your side. Nevada takes DUIs seriously and will likely pursue the maximum sentencing. You don’t want to accidentally say or do anything that can hurt your case. A skilled criminal defense lawyer can make sure your rights are protected from the start and begin building your defense.
  
• Request an administrative hearing — You only have seven days after a DUI charge to stop your driver’s license suspension. To do this, you must request an administrative hearing with the Department of Motor Vehicles. Your license can be suspended for 90 days if you don’t, even for a first-time offender before a conviction.
• Prepare for trial — You will likely have a courtroom trial for your DUI. If convicted, penalties may include jail time, high fines, community service, vehicle impoundment, mandatory alcohol education classes, and mandatory attendance before a DUI victim impact panel. A criminal record can also make your life more difficult, keeping you from certain jobs or even housing. Your DUI defense attorney can prepare you for what to expect at trial and argue your case in the courtroom for the best possible results.

If You Need a DUI Lawyer in Las Vegas, Contact Adras & Altig, Attorneys at Law

A DUI conviction in Nevada can cost you your driver’s license, thousands of dollars, and your freedom. You need a lawyer who understands these risks and will build a personalized case with a persuasive defense. To learn more about your rights, contact us today for a free consultation with a Las Vegas DUI attorney.

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Can I Be Arrested for Counting Cards in Las Vegas?

Many people gambling in Las Vegas likely wonder: Is counting cards illegal? Whether casinos like it or not, card counting is technically legal. There are no laws on the federal or state level that expressly prohibit counting cards or classify it as an offense. However, casinos are private companies that set their own rules. This means you can still get into legal trouble if you are caught counting cards in a Las Vegas casino.

Types of Crimes in Las Vegas Casinos

While law enforcement can’t detain you for counting cards in a casino, you can be charged with other crimes related to card counting, such as: 

• Utilizing electronic devices to count cards – There’s nothing illegal about having an intellectual advantage. But if your advantage uses a mechanical or electrical device, you will have crossed the line into cheating and can be arrested. 
• Cheating – You can also be arrested if you cheat by physically manipulating a card game. For example, altering the card deck or exchanging cards with other players is considered cheating.
• Trespassing – Most casinos have incredibly tight security since patrons who count cards or cheat at games cost the casino money. If you are discovered counting cards by casino security, you could be asked to step away from the table or leave the casino. Because casinos are private property, staff could call the police and have you arrested for trespassing if you don’t leave. 
• Disorderly conduct – If you are asked to leave a casino and you refuse or make a scene, you could be arrested for disorderly conduct. Instead of reacting rudely, the best thing you can do when asked to leave is to comply. 
• Physical assault – If you are caught counting cards and a casino employee or security guard detains you or orders you to leave, keep your cool and do not do anything rash. You can be detained if you physically assault or harass casino personnel. Even light pushing and shoving could get you arrested. 

If you have been arrested in a Las Vegas casino, you have a right to legal representation. The criminal defense team at Adras & Altig, Attorneys at Law is standing by to help.

What Rights Do I Have in a Casino?

Casinos are private property. Their owners are free to operate their casinos however they choose within certain guidelines established by state and federal law. Casino staff can ask you to leave for any reason, including cheating and rowdy behavior. 

If casino staff orders you to leave, you must do what they say or face legal consequences. The casino owner can also prohibit you from returning to the property again in the future if you resist.

Defend Your Rights in Las Vegas with a Criminal Defense Lawyer

If you were arrested at a casino and charged with a crime such as trespassing or disorderly conduct, contact a Las Vegas casino arrest defense attorney at Adras & Altig, Attorneys at Law as soon as possible. We are prepared to defend your rights fiercely and may be able to get your charges dropped or reduced. Reach out to our office for a consultation today. 

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Self-Defense in Nevada

If you have been accused of a violent crime in Nevada, you might face serious penalties that could change your life forever. But if you were only trying to defend yourself, you could claim that you were acting in self-defense to avoid a criminal conviction.

Keep in mind that you must meet certain conditions to use this as a legal defense, though. That’s why it’s important to have an experienced criminal defense attorney on your side. To learn more about Nevada’s self-defense laws and how they might apply to your case, contact Adras & Altig, Attorneys at Law for a free consultation.

What Is Nevada’s Stand Your Ground Law?

Nevada is a “stand your ground” state, which allows a person to use force in a situation involving self-defense. In Nevada, this law applies if:

• The non-aggressor has reason to believe they or someone else is in imminent danger of bodily harm or death.
• They don’t use more force than is needed to avoid the threat.

Can I Kill in Self-Defense?

Under Nevada law, killing in self-defense may be legally justifiable in certain situations. This includes killing in defense of yourself, another person, or an occupied home or vehicle against a violent crime or the reasonable threat of violence.

State law specifies that killing in self-defense may be legal if:

• The danger someone faces is so “urgent and pressing” that killing the aggressor is necessary to save their life or prevent great bodily harm.
• The person killed was the aggressor.
• The person acting in self-defense had, in good faith, tried to prevent any further struggle before killing the aggressor.

Is There a Duty to Retreat Before Using Deadly Force in Nevada?

Whether you have a duty to retreat before resorting to deadly force depends on the circumstances. Under self-defense laws in Nevada, you are not required to retreat before using deadly force in a “justifiable homicide.” Nevada law defines a justifiable homicide as killing another person in “necessary self-defense.”

A person may not have a duty to retreat if:

• They are not the original aggressor and didn’t start the altercation.
• They have the right to be wherever they are when the incident occurs.
• They are not actively engaged in criminal activity when the incident occurs.

What Crimes Can I Defend Myself From?

The use of force is permitted in self-defense against any violent crime in Nevada as long as the use of force is needed and you have a reasonable belief that you are at risk of injury or death. This means you can defend yourself from crimes such as:

• Assault
• Battery
• Domestic violence
• Rape
• Home invasion
• Robbery
• Vehicle theft

Contact Adras & Altig, Attorneys at Law for Your Self-Defense Case

The legal aspects of self-defense can vary considerably depending on the facts of a given case. At Adras & Altig, Attorneys at Law, we can help you show that your actions were reasonable and necessary under the circumstances. Contact us for your free, confidential consultation with a criminal defense lawyer to learn more about your legal options.

 

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What Is the Legal Age of Consent in Nevada?

Like all states, Nevada has an “age of consent” law that specifies the minimum age that someone can legally consent to sexual activity. Those who engage in sexual contact with someone younger than the legal age of consent can face criminal charges with serious penalties.

Contact Adras & Altig, Attorneys at Law for more information on Nevada’s age of consent law, the various penalties for violating it, and certain exceptions.

Age of Consent in Nevada

Nevada’s statutory age of consent is 16, as is the case in most states. This means minors who are not yet 16 years old cannot legally consent to sexual activity. Consequently, sexual contact with someone 15 or younger can result in criminal prosecution.

It is also a crime for school employees aged 21 and older to engage in sexual activity with a student, even if the student is over 16. A charge for sexual crimes against a minor in Nevada can result in a felony conviction punishable by prison time, fines, and registration as a sex offender.

What Is Statutory Rape?

Having sexual intercourse with someone too young to give legal consent is a crime known as statutory rape in Nevada. This offense is prosecuted as “statutory sexual seduction,” defined as consensual sexual penetration involving both:

• A victim who is 14 or 15 years old
• A defendant who is a legal adult and at least four years older than the victim

If a legal adult engages in sexual penetration of any kind with a person younger than 14, the offense is prosecuted as sexual assault. It’s irrelevant whether or not the victim appeared to consent to the sexual activity in both sexual assault and statutory sexual seduction cases, as underage individuals cannot legally provide consent.

Nevada’s Romeo and Juliet Exception

Like many other states, Nevada has adopted “Romeo and Juliet” exceptions for cases of consensual sexual activity between teenagers who are close in age, even if one of them is a legal adult. This close-in-age exception allows teens aged 14 and older to have consensual sex with teenagers who are less than four years older than they are.

For example, an otherwise consensual sexual encounter between an 18-year-old and a 14-year-old is a crime. However, a consensual sexual encounter between an 18-year-old and a 15-year-old is legal.

What Is Lewdness with a Minor Under 16?

When legal adults engage in sexual contact with minors without penetration, the most common associated charge is “lewdness with a minor under 16.” Lewdness with a minor who is 14 or 15 years old is typically prosecuted as a category B felony, with associated penalties such as a prison sentence between one and 10 years, fines of up to $10,000, and the requirement to register as a sex offender. Lewdness with a minor under 14 is prosecuted as a category A felony, punishable by life in prison, fines of up to $10,000, and sex offender status.

Contact a Nevada Criminal Defense Attorney to Help Your Case

The penalties for a conviction of statutory rape or other violations of Nevada’s age of consent laws can have life-changing repercussions. If you are facing sex crime charges in Nevada, you should contact the local criminal defense attorneys of Adras & Altig, Attorneys at Law to learn more about your options in a free, confidential consultation.

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FAQs About Marsy’s Law in Nevada

Those charged with crimes have rights guaranteed under the U.S. Constitution, such as the right to a speedy trial, an attorney, and an impartial jury. While federal and state governments grant crime victims certain legal rights, they have not been enforced with the same consistency as criminal defendants’ rights. Marsy’s Law aims to change that. 

What Is Marsy’s Law?

Marsy’s Law is an amendment to the Nevada state constitution approved by voters in 2018. It guarantees victims of crimes certain rights and protections and makes it easier for them to hold government entities accountable for not enforcing their rights. 

The law is named after Marsalee Nicholas, who was killed by her boyfriend in 1983. Just a week after her murder, Marsy’s mother was confronted by the accused murderer. He had been released back into the community on bail without notifying the family. Marsy’s brother, Henry Nicholas, has been a strong supporter of the legislation. In 2008, California formally adopted Marsy’s Law into the state constitution. 

Marsy’s Law ensures that victims are afforded the right to: 

• Be treated in a dignified and respectful manner during the legal process
• Seek compensation from the defendant through a civil lawsuit
• Reasonable protection from the defendant
• Be notified of hearings and court rulings
• Have a voice during legal proceedings

Along with California and Nevada, the law has been adopted in Florida, Georgia, Illinois, Kentucky, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin.

Why Are People Against Marsy’s Law?

While the goal of the law is to ensure that victims are treated fairly, the proposal has faced challenges. The law’s wording is not precise, and state governments have struggled to implement some of the rights. For example, who counts as a victim that must be notified of hearings or court decisions? Does this include extended family members? And how are they provided notice? 

There are also concerns that placing defendants and victims on equal ground could undermine the criminal justice process. If the new protections guaranteed to victims conflict with the defendant’s constitutional rights, whose rights would be violated? Presumed innocence is an essential part of American criminal law that Marsy’s Law can be interpreted to violate.

Does Marsy’s Law Apply to Civil Cases?

Marsy’s Law is mainly about the criminal justice system. However, it allows crime victims to hold federal and state governments liable in civil court if they don’t properly enforce the constitutional protections afforded to victims. It also gives victims the right to seek restitution from defendants in civil court. 

What Are Victims’ Rights in Nevada?

In Nevada, crime victims are entitled to benefits beyond Marsy’s Law, as outlined in the Nevada Victims’ Bill of Rights enacted in 1983. Victims have the right to: 

• Know the status of their case
• Know when the defendant is released on bail or from prison 
• Be free from intimidation
• Seek compensation, if applicable

Contact a Las Vegas Criminal Defense Attorney Today

If you have been charged with a crime in Las Vegas, you deserve an experienced attorney who can protect your rights and fight the charges against you. Contact the Nevada criminal defense lawyers at Adras & Altig, Attorneys at Law today for more information on how Marsy’s Law may apply in your case. 

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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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