Las Vegas Injury Attorney Blog

What happens in Vegas stays in Vegas, right?  While that is the image that the powers that be in advertising have implemented as a clever way to get tourists to visit Las Vegas, the unfortunate reality is that in many cases, when a person acts outside the bounds of the law in Las Vegas, that person stays in Las Vegas – – in custody for a criminal offense.

While many individuals come to Las Vegas to take part in all that our 24 hour city has to offer and have no issues, many folks that visit our fair city step outside of the restraint they exhibit at home.  While vacationing in Las Vegas, many individuals do things they wouldn’t do at home – – such as staying out late, drinking alcoholic beverages and generally “letting loose.”  It stands to reason that this relaxed restraint can lead to activities a person may not take part in at home.  Overindulging in alcohol, depriving oneself of sleep and the like can cause a person to act in a manner which results in arrests or worse, criminal charges.

At the law firm of Hofland & Tomsheck, we consult weekly, if not daily, with people who have been arrested for such incidents.  Bar fights can lead to battery charges.  Spats with spouses can lead to charges of Battery Constituting Domestic Violence.  A desire to “party hard” can lead to possession of controlled substance charges.

One question that is often asked by individuals consulting with our office when recently arrested for a crime has to do with the crime of Burglary.  Many people simply do not understand why they are booked on charges which include burglary.  Many people think that if they haven’t broken into a home or business, they can’t, or shouldn’t, be charged with the serious crime of Burglary.  This reaction is a natural one, given that when people hear the term “Burglar” they often get a mental image of the Hollywood cat burglar, clothed in all black, breaking into a business with a crowbar and sneaking out the back door with a shiny new television.  In Nevada however, there are literally thousands of different factual circumstances which amount to Burglary.

In Nevada, Burglary laws are contained in Nevada Revised Statute (“NRS”) Chapter 205, which covers “Crimes Against Property” and are specifically defined in NRS 205.060.  In contrast to the limited example of the cat burglar above, Nevada defines Burglary as occurring when someone enters any structure (such as a business, store, apartment, residence, home, house, room or a vehicle such as a car or truck) when the person entering has the intent to commit any of the following inside: larceny, assault, battery, obtaining money or property under false pretenses or any other felony.  Such a crime has serious consequences — Burglary is a category “B” Felony carrying the potential of 1-10 years in prison and a fine up to and including $10,000.00.

In Nevada, this definition of Burglary means that people can be arrested or charged for Burglary even if they have never broken into a business or residence and have never stolen anything.  Oftentimes, when a different crime occurs inside a building or vehicle, the District Attorney will charge Burglary as a “tack on” charge with the other offense.  Unfortunately, the tacked on charge of Burglary is quite often more serious than the other crime.  In Las Vegas, the Clark County District Attorney will quite frequently use this charging tactic.  For example, an individual can be charged with possessing a stolen car, even if they didn’t steal the car.  In that circumstance, the State will often charge Burglary in addition to possession of a stolen vehicle, because the driver of the stolen vehicle entered the car in order to possess it.  Other common examples are where someone enters a pawn store to pawn an item that isn’t theirs.  They can be charged with Burglary for entering the pawn shop.  Likewise, an individual can enter a business to cash a forged check.  In that case, the State will file Burglary charges in addition to any charges for the forgery of the check because the person walked into the bank to cash it.  In one of the most glaring examples of this type of charging, assume someone enters a gas station with the intent to steal a single pack of gum.  Even if they never get away with a $0.99 pack of gum, they person can be arrested and charged with the “B” Felony crime of Burglary.

One of the more common questions asked by people contacting my office after they, or a family member, has been arrested is – – “How much will bail be.”

While the State Court System in Las Vegas, more precisely in Clark County Justice Court, has had a “standard bail schedule” for many years, effective September 1, of 2011, the Court implemented a simplified system, which is commonly followed by Courts in Las Vegas when setting bail in criminal cases.

The Justice Court, Las Vegas Township STANDARD BAIL SCHEDULE can be found online and is often the main point of reference for judges setting bail in criminal cases.

So you’ve been arrested.  Or maybe your family member or loved one has.  It’s a scary thing to be taken into custody.  One of the most commonly asked questions of a criminal defense lawyer in Las Vegas is how to get out of custody after arrest.

The most common way to get out of custody after an arrest is by posting a bail or bond.  The purpose of bail is to ensure that the person posting the bail will return to Court. 

In ALMOST every case, a person charged with a crime is entitled to a bail and is able to post a bond.  This is a right that is carved out in our Nevada Constitution.  Article 1, Section 7 of the Nevada Constitution provides that “all persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.”

Accidents involving motor vehicles are a very common occurrence in the Las Vegas Valley.  Most of us have come to accept fender benders on our streets and highways as a way of life and rarely give them a second thought nowadays.  When the accident is alleged to have been caused by someone under the influence of drugs or alcohol however, the consequences become much more severe for the person causing the accident.

A 21-year-old Los Angeles woman was severely injured recently and admitted to the hospital in critical condition after being part of a two vehicle accident, allegedly caused by a person driving under the influence of alcohol.

The Las Vegas Metropolitan police department reported that this accident occurred shortly after 1:00 in the morning on September 21, 2013 in the vicinity of Las Vegas Boulevard and Siren’s Cove Boulevard near the Treasure Island Hotel and Casino.

Some of the questions that are often asked to Nevada lawyers are “who is the best lawyer” or “How do I find the best attorney.”  These questions are often asked by those who have been arrested for Driving under the Influence or are curious about what they should do if they are.

While it is impossible to know who “the best” lawyer is for any individual case and there are likely several individual attorneys or firms who rank among the elite in their practice area, there are certainly several things a person should consider before hiring a lawyer for their DUI case.

Among the things to consider are the following:

In previous posts to this Blog we have discussed things to consider when selection the “best” lawyer for your individual DUI or Drunk Driving case in Las Vegas.  In this post, we offer you some insights as to the types of questions you should ask your potential Nevada DUI Defense Attorney when you meet with him or her for the first time.  While this list is not meant to be all inclusive, the following can be very helpful:

What areas of law do you focus on?

Many people think that “all lawyers are the same.”  This is simply not the case.  Every lawyer has different training and experience.  More importantly, there are HUNDREDS of various areas of specialization within the law.  While a person may be the best real estate lawyer in your State, he or she may be the worst at litigating a case in Court.  There are literally 100′s of stellar civil litigators in Nevada, many of them don’t know the first thing about defending a criminal case and know NOTHING about the best way to defend a DUI charge.  Choosing a lawyer is no different than choosing a doctor – –  If you had a stomach ache, you likely wouldn’t go to dentist.  DUI charges are unique and require focused training and experience.   While an attorney may tell you when you ask “Yea, I handle DUI cases” – – make sure the lawyer you select focuses a large portion of his or her practice (at least ¼ of the cases he or she handles on a regular basis) on Drunk Driving/Driving Under the Influence/DUI and related charges.

What kind of experience do you have?

It is very important that you select an attorney who has legitimate courtroom experience in DUI cases.  Ask your potential lawyer about his or her relationship with the judges who preside over DUI cases, the prosecutors who are bringing your case against you and the court staff in the departments who will be present during your case.  Ask your lawyer if he or she appears in these courts on a regular basis and if they have tried cases in criminal courts.  If your lawyer can’t answer “yes” to these questions and cannot quickly recite examples of cases they have handled, they probably aren’t worth your time.

Being arrested for a DUI (Driving under the Influence) is perhaps the most commonly charged criminal offenses in all of Las Vegas.  The reason this crime is so commonly charged is two-fold.  First, law enforcement actively pursues arrests in this type of offense.  While there are no “robbery or rape patrols” there are DUI patrols with special units of officers dedicated to only the arrest of drivers who have been drinking.  Secondly, while most individuals are generally law abiding, there are not many among us who couldn’t have been arrested for driving under the influence at some point in our lives.

So, what happens when you are arrested for DUI?  When law enforcement pulls over a driver and determines that the person behind the wheel is impaired, they are immediately arrested.  In Nevada, when someone is arrested for DUI pursuant to a breath test sample in excess of .08%, the person is not only arrested, but their Nevada Driver’s License is immediately confiscated by the arresting officer and the driver is handed what is commonly called a “pink sheet,” or more precisely a “Officer’s Certification of Cause and Notice of Revocation or Suspension” form.  This paper means two (2) things.  First, it means that the Officer has determined that there is probable cause to arrest the driver, in the form of a breath test in excess of .08%, meaning that (in the officer’s opinion) the driver should lose his or her privilege to drive.   Secondly, this paperwork serves as the driver’s license (remember that the police officer will physically take the driver’s license) for a period of only seven (7) days before the driver’s license is revoked by the DMV.

Most drivers in this position are arrested and given a date to appear for Court following this example.  What many drivers don’t realize however is that this arrest triggers two (2) very difference procedures.  Obviously, this kind of arrest leads to a criminal case in a Court of law… meaning that the driver will face charges and needs a qualified lawyer to represent them in Court.  What many drivers fail to realize however, is at the precise same time (and in most cases earlier) the Department of Motor Vehicles (DMV) will initiate an administrative procedure to revoke the driver’s privileges and ability to drive.

Las Vegas is a city with many visitors, many of whom choose to walk from location to location while they are on vacation.  Unfortunately, many of these people don’t realize just how dangerous it can be when walking in areas shared with automobiles.

Recently, there has been a push among several organizations, including the Regional Transportation Commission of Southern Nevada and the Las Vegas Metropolitan Police Department, to increase awareness in pedestrian safety and to make drivers more aware of the dangers of pedestrian interaction.

The cause for concern is understandable.  There have been many well publicized incidents of pedestrian vs. vehicle accidents in the last several years in Las Vegas, many leading to catastrophic injuries and death for those involved.  As of August of this year, there have been almost three dozen pedestrian fatalities, equaling nearly the amount of pedestrians killed in all of 2012.