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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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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Can a Police Officer Handcuff You Without “Arresting” You?

While many might assume that someone police put in handcuffs is under arrest, that is not necessarily the case. A series of court decisions have given the police the right, in certain circumstances, to place someone in handcuffs even when they are not under arrest. But there are still cases where police cannot handcuff someone without arresting them. It is important to understand these rules to protect your rights.

Contact us to learn more about when police can handcuff someone without arresting them and when it is illegal to handcuff someone.

When Do Police Have the Right to Handcuff Someone?

There are a few common scenarios when police have the right to handcuff someone, such as:

• When executing a search warrant – The Supreme Court has ruled that police can detain and handcuff someone when searching their premises with a valid warrant. In these cases, the person in handcuffs is not necessarily under arrest. However, police can arrest them later if they find probable cause during their search.
• To protect officers’ safety – This rationale gives police broad authority to place someone in handcuffs. It is up to individual officers to determine how safe they are and whether handcuffs are necessary to protect themselves.
• When they believe a suspect in custody is a flight risk – If a police officer believes a suspect may try to flee the scene during questioning or as part of an investigation, they have the right to place them in handcuffs.
• At any time after they place someone under arrest –  Once the suspect is in custody, police can keep them in handcuffs in most circumstances.

Examples of Times When Police Can Use Handcuffs 

Outside of an arrest, the main reasons police will place someone in handcuffs are if they are worried about their safety or believe the suspect may try to run away.

Common signs police look for to determine if there’s a risk of violence include:

• Not cooperating with an officer’s commands
• Hiding your hands
• Tensing up
• Making intense eye contact
• Being impaired by drugs or alcohol

Common signs police look for that may indicate you are a flight risk include:

• Scanning the area as if you are looking for an exit
• Pacing
• Rocking back and forth
• Trying to move away from the officer
• Lying to an officer, especially if the officer says they know you are lying
• Stretching your arms or legs as if you are preparing to run

What Should Officers Do When Handcuffing a Person?

You still have rights even when being handcuffed. These include the right to be protected from excessive force. When placing someone in handcuffs, police officers should:

• Make sure the handcuffs are not too tight
• Place the person’s hands in front of them if placing their hands behind their back is too painful or would cause an injury
• Support the person in handcuffs and help them balance when moving
• Avoid unnecessary injuries or unreasonable force against the person in handcuffs

Contact Adras & Altig, Attorneys at Law If the Police Illegally Handcuffed You

Police officers in Nevada have broad authority to place people in handcuffs. But they should also be held accountable when their actions go too far. If you were illegally handcuffed, contact Adras & Altig, Attorneys at Law today for a free consultation with an experienced criminal defense attorney.

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Can I Open Carry in a Vehicle in Nevada?

Navigating Nevada’s concealed and open carry laws can be challenging if you are a gun owner. But you need to make sure you are following the rules if you want to avoid any legal trouble. One common source of confusion when it comes to Nevada’s open carry laws is whether or not you can carry a loaded gun in your car.

Nevada allows you to openly carry certain weapons in your vehicle without a permit. You may also keep some concealed weapons in the car as long as you have a current and valid concealed carry permit. To learn more about Nevada’s open carry laws regarding guns in cars, contact Adras & Altig, Attorneys at Law today.

What Does Open Carry Mean?

“Open carry” means having a firearm on your person or within reach where anyone can see it. Open carry is separate from “concealed carry,” which is when you have a gun on your person that others cannot see.

There are many ways you can openly carry a gun in Nevada. You could use a hip or shoulder holster, tuck the gun into your belt or waistband, or use a sling holster for larger guns like rifles and shotguns. The method of carrying the weapon does not matter so much as whether the weapon is visible to other people.

Who Cannot Drive with Guns in Nevada?

There are certain groups of people who are not allowed to drive with a gun in their car, regardless of whether they have a concealed weapons permit. These include:

• Anyone with a blood alcohol content (BAC) above 0.08 percent
• Anyone convicted of a felony
• Anyone convicted of domestic violence
• Anyone convicted of stalking a partner or family member
• Anyone prohibited from owning a gun due to a domestic violence restraining order
• Drug users
• Fugitives
• Anyone found mentally ill or committed to a mental health facility by a judge
• Anyone who was found not guilty of a crime due to insanity
• Anyone who has pleaded guilty or was found guilty but also ruled mentally ill
• Veterans who were dishonorably discharged
• Undocumented immigrants

How to Legally Carry a Gun on Your Person in a Vehicle

In general, Nevada law allows you to openly carry a loaded or unloaded handgun in your car. You can also openly display shotguns, rifles, and other long guns if the weapon is not loaded. While long guns can have loaded magazines, a cartridge cannot be in the firing chamber. 

Openly carried weapons in the car can be kept in places such as the trunk, glovebox, center console, or under the seat. Unless you have a concealed carry permit, the weapon must be visible if you’re physically carrying it on your person while in the car. There are also a few places that prohibit guns even in parking lots, such as:

• Public schools
• Public childcare facilities
• Some colleges and universities
• Post offices
• VA facilities
• Military bases
• Red Rock

In most cases, you do not have to tell the police you have a gun in your car if you are pulled over. However, police can perform a pat-down and temporarily seize your gun if they suspect a crime has been committed or believe they are in danger. Concealed weapons permit holders may also be required to show their permit if they are carrying a concealed weapon and the officer asks if they are concealing a weapon. 

Contact the Experienced Criminal Defense Attorneys at Adras & Altig, Attorneys at Law

If you have run into legal trouble carrying a gun in your car, the Nevada criminal defense attorneys at Adras & Altig, Attorneys at Law can help. Call us today or visit our contact page today for a free consultation.

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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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