Types of Restraining Orders

Nevada allows for two different types of restraining orders.

• Temporary Protection Order (TPO). If a person perceives an immediate threat from someone else, he can file an application for a TPO. The court takes an application seriously, delivering an approval or denial within 24 hours. The individual against whom the order is sought, referred to legally as the “adverse party,” does not have to be notified or given a chance to oppose the imposition of a TPO. If approved, the full effects of the order will continue for a maximum of 30 days.
• Extended Restraining Order. An extended order lasts for up to a year. The application process is longer and more closely investigated by the court, given the more serious effects of a year-long court enforced action.

Once a restraining order is in effect, violating it is usually a misdemeanor, carrying up to a year in prison and $2,000 in fines. However, violation of an extended order that is based on sexual or child abuse is treated as a felony and can result in a $10,000 fine and five years in prison.

Specifications of Restraining Orders

Las Vegas courts define certain activities that are considered illegal for the adverse party to an enacted restraining order. The actions restricted are not always the same, and are set by the court on a case-by-case basis. In order to be approved, the application must specify a crime that the applicant feels threatened with—stalking, child abuse, or domestic violence, for example. Most often, the adverse party is prohibited from threatening or harassing the individual seeking the order, including actions that may not fall under the category of a crime under normal circumstances. An order can also specify that the adverse party remain a certain distance away from the individual at all times, and not go near his or her home, school, or workplace. Issues such as temporary custody of children, pets, or objects are also sometimes addressed.

Because an extended restraining order covers a long period of time, it sometimes mandates the payment of support by the adverse party. A common feature in extended orders is the requirement of the adverse party to sell or surrender any firearms that he or she owns. After the restraining order requires, the right to own firearms is restored.

Applying for a Restraining Order

If you fear that you are in danger from a spouse, domestic partner, or ex, you can file for a TPO to ensure your safety while other legal action is in progress. In order to make sure your application is correctly filled out and submitted, it is best to have a Las Vegas attorney help you with the process. Your lawyer will also address the court on your behalf, answering any questions about your reasons for requesting the order and giving input on what actions should be specified.

The help of a knowledgeable lawyer is even more important in the extended restraining order application process. The court always notifies the adverse party of the application and gives him or her the opportunity to appear at a hearing to oppose the order. At this hearing, if the court becomes convinced that there is not enough evidence of a threat to you from the adverse party, it will deny your application and your efforts will have been wasted. Keep in mind that if the order will affect the other person adversely, he or she will probably hire a lawyer to try to prevent its approval.

Fighting a Restraining Order

You may be on the other end of a potential restraining order. Often, a vindictive ex or an overreacting coworker tries to file for a restraining order that would prevent you from living in your own home or functioning normally at your place of employment. If there is not enough reason for a valid restraining order against you, you could suffer the loss of your job and multiple other disruptions simply because someone imagined that you were a threat to them. The court will be willing to listen to a lawyer who clearly presents your side of the story and exposes the spiteful attitudes, rather than hard evidence, that is behind the restraining order request.

If you are accused of violating a restraining order, your attorney can oppose a conviction by questioning the evidence of violation, showing that you were unaware that your actions were a violation, or by proving that the specifications of the restraining order were inadequately communicated to you in the first place.

What Is Home Invasion?

Las Vegas courts define home invasion as dependent on three main points:

• Forcible entry. Entering a house through an unlocked or open door or window, even against the will of the owner, does not constitute home invasion. Breaking a window or forcing the lock on a door is considered forcible entry.
• An “inhabited dwelling.” Home invasion can only be committed on a structure or vehicle that serves as a currently used residence. An abandoned house or a business is ineligible, as is a vehicle that is not currently being used as a residence.
• No permission to enter. It is the prosecutor’s responsibility to prove that you did not have permission to enter the residence before you did so. Even if you broke a window to get into a house, if your defense lawyer shows that the owner of the house had previously given you permission to enter the house, you can not legally be convicted of home invasion. Damaging the property may be a separate offense, but home invasion is not a possibility.

*It is important to note that the owner of the residence does not have to be present for a home invasion charge to stand. If the police catch you inside someone’s home with evidence of having broken in, you can be charged with home invasion.

Nevada’s burglary and robbery laws are similar, but differ on several critical details:

Burglary: The main difference from home invasion is the intent to commit a felony. If the prosecution does not believe it has enough evidence to prove that you planned larceny, assault, or another crime, it may choose to charge you with home invasion instead. However, burglary does not require forced entry like home invasion does, and burglary can be committed at locations that do not fall under the category of home invasion.

Robbery: Defined as stealing something from an individual through force or threat. Therefore, if the owner of a home is not present, you cannot be charged with robbery even if you forced an entry and stole items.

Penalties for Home Invasion

Nevada law dictates that a home invasion conviction carry at least a one year prison sentence as well as fines that can rise to $10,000. The maximum sentence is ten years, but if a deadly weapon was involved, the judge may lengthen that sentence to fifteen years. Probation is only a possibility if you have no prior home invasion or burglary convictions, and your defense lawyer will have to put his skills and influence to work on your behalf to convince the judge to grant you probation.

In some cases, a home invasion conviction is enough to get a legal non-citizen deported from the U.S. If you are not a U.S. citizen and you are accused of home invasion, your attorney must be someone who is very familiar with immigration law and how your residency status will be affected. Your ability to remain in the country could depend on your lawyer’s efforts to get your case reduced, dropped, or dismissed by the court.

Defending Against Home Invasion Charges

Your Las Vegas defense lawyer will listen closely to your story, compare it against Nevada state law and definitions of home invasion, and fight to keep any false testimony, contrived evidence, or unfair accusations out of the courtroom. A home invasion accusation requires a great deal of evidence, and there are many details of your case that could make a conviction illegal. These details will go unnoticed and buried by the prosecution unless your attorney is willing to work as hard as it takes to bring them to the attention of the court. Any doubt that your lawyer casts on any of the specific features of home invasion is a reason that the judge should dismiss your case, whether you had permission to enter a home; did not force an entry; entered an uninhabited building; or did not even enter a building at all. With a dedicated lawyer on your side, you could see your charges dropped by the prosecution before they even reach the courtroom, saving you the expense and inconvenience of enduring a criminal trial.

How Does Bail Work?

The court is usually willing to let someone stay out of jail until his scheduled court dates, but it must have a way to make sure that he will actually come to those dates and not simply leave town. So, the court allows someone else to “post bail” for the accused person—that is, leave a sizable deposit of money with the court that he will only get back after the individual has appeared at every court date and the legal process is complete. From the different jails’ bail schedules, you can get an idea of how much bail will be for certain crimes, but judges do have the liberty to refuse to grant bail if they have reason to believe that the person will be a danger to the community or is likely to run off for good. The bail schedules are available on each jail’s website (listed at the end of this post).

How do I Post Bail for Someone?

Your friend is counting on you to come through with the bail money—what do you do? If you can get the money together yourself, just leave it in the form of cash, a check, or a money order. At the Clark County Detention Center and the Las Vegas Jail, you can actually charge the bail to a credit card up to $3,000. If you don’t have the money on hand—which is the more likely scenario—there are bail bondsman service which will put up the bail money for you. You have to pay for this service, but the fee will be much lower than the actual bail amount.

Specifics of Posting Bail

Beyond those basics, you need to communicate with the specific detention center to find out exactly where and how to post bail for someone. A Las Vegas criminal defense lawyer is the best person to help you with this, since he will know all the policies and how to get the job done as quickly as possible. Here is the information you need to contact the three main facilities in Las Vegas:

Clark County Detention Center: Between 8 and 5 on weekdays, post bail at the Regional Justice Center (200 Lewis Ave.). Any other time, go to the Detention Center.

Las Vegas Jail

North Las Vegas Detention Center

At each of these facilities, bail posting is available in person at a walk-up window 24 hours a day. Please feel free to contact us for more information and how we can help.

In administering a standard infant screening test for THC (marijuana’s primary active component), doctors in a North Carolina hospital knew something was wrong when they saw a large number of positive results. As it turned out, the tests were showing false positives because of baby soap residue that contaminated the tests’ urine samples. Although we know that THC is not in baby soap, of course, scientists are still trying to find out what ingredient is affecting the test results.

If your baby’s screening shows a positive result, you could be facing some tense conversations with a Nevada Child Protective Services worker. If doctors conduct a test, it means that they already think there is at least some chance that you are using marijuana around the baby, and a positive test reinforces those suspicions. In order to stop a CPS proceeding before it begins, you need the help of a Las Vegas family lawyer. Our knowledge of this and other kinds of misunderstandings gives us the ability to keep you safe from false accusations of child abuse.

Talking to the police without talking to an attorney first is a colossal mistake. Without the counsel of a legal expert on your side, you are no match for the tactics police officers can use to coax a self-incriminating statement out of you even after they have given you the Miranda warning. Before you know what is happening, you will likely wind up facing heavy penalties based on your own statements that you didn’t even know could hurt you. If you are going to be fully protected by the fifth and sixth amendment rights that you are guaranteed, you need the partnership of a lawyer with extensive Las Vegas law experience.

The U.S. constitution gives you the right to have an attorney present any time you are questioned. The reason that right is set in stone is because it is critical to your ability to preserve your fifth amendment right against self-incrimination. Deceptive questioning tactics must be matched by the counsel of a lawyer who knows what to expect from Clark County police and prosecutors.

By trying to go it on your own, you make the prosecution’s job very easy. Instead of looking for actual proof of your guilt, all the police have to do is get a few simple statements from you and twist them into a story that will convince a judge of your guilt. Don’t take that chance—make sure there is a defense lawyer at your side from the start to keep your constitutional rights intact.

Rights of the Fifth and Sixth Amendments

If you are facing any kind of legal trouble, it is time for you to familiarize yourself with the rights and privileges that the fifth and sixth amendments to the U.S. constitution promise every citizen. The police and prosecution would just as soon you remain ignorant of those rights, resulting in an easy conviction with little opposition. With the assistance of a Las Vegas attorney who knows how these amendments translate into real life, however, you can make sure that you get the justice that you deserve.

Protection Against Self-Incrimination

Under the fifth amendment, no person can be forced to act as a witness against himself. This means that nobody can be tortured until they confess, and that nobody can be convicted of a crime unless there is enough objective evidence and outside testimony to prove guilt. Many people give up these rights without knowing it by answering questions by police that they do not have to answer. Having a defense lawyer who is an expert in Clark County law by your side will keep you from giving up your fifth amendment rights.

Right to Legal Representation

The sixth amendment promises every citizen the right to legal counsel. The constitution’s writers understood that without access to a legal expert, an individual could quickly be deceived and misled into incriminating himself. Getting the help of a good defense lawyer is your first and most important step in mounting a successful defense.

Whether you simply left your driver’s license at home or don’t own one, a police officer who pulls you over and finds that you can’t show a valid license is likely to place you under arrest. Don’t underestimate the danger that you face in this case. Driving without a license is no joke in Las Vegas, Nevada, and the fines can run as high as $1,000. Even a six-month stay in jail is possible if the judge chooses to impose it.

Fighting charges of driving without a license is very tricky. Only a lawyer who has spent a good deal of time working in Clark County is likely to be able to uncover the minor missteps on the part of police and prosecutors that call your case into question. You need a lawyer whom you can trust, especially if you live out of state and need to return home before your court date. You do not have to appear in court if you choose for your lawyer to appear in your place, but failure to prevent a conviction will trigger heavy penalties. Instead of simply choosing a discount lawyer who will help you make a guilty plea, get the help of a hardworking lawyer who makes it a point to treat every client’s case with respect and meticulous attention. The result could be an acquittal or the dropping of charges before they make it to court.

Driving on a Suspended Driver’s License

When both the Nevada DMV and the Clark County court system are involved in a case, the result is a highly complex situation that is beyond the average individual’s ability to control. Driving with a suspended license, while treated as a misdemeanor offense in Nevada, can land you in jail, cost you steep fines, and extend the suspension of your license even further. If the reason for your suspension is a previous DUI conviction, you face a mandatory sentence of 30 days in jail and $500.00 in fines if convicted. A Las Vegas lawyer, on the other hand, can give you the advantage of a thorough understanding of local requirements and get you out of trouble if there is any question about the circumstances of your arrest.

If you find yourself confused by the DMV’s system of suspension notification, you aren’t alone. In fact, the failure of the DMV to carefully follow its own rules is often a major factor in getting charges dropped. Your lawyer will look into every detail of your notification, as well as the circumstances of your arrest for driving under a suspended license, to identify any incorrect or unlawful actions that can be used as grounds for dismissal. Many times a case can be kept out of court altogether on the basis of incorrect procedures.

If you have been arrested and charged with felony DUI, you desperately need a defense attorney who knows all there is to know about Clark County DUI law. If convicted, you will almost certainly spend some serious time in jail and be heavily fined. You will probably lose your driver’s license for at least three years, and for the rest of your life you will find it very difficult to get hired at any place of business because of your criminal record.

Prosecution under felony charges is possible if you are charged with DUI for the third time, or if an injury or fatality occurred as a result of your actions. The penalties increase with the seriousness of your offense, and in the worst case scenario you could be faced with a life prison sentence for vehicular homicide.

Your situation is not hopeless, however. In order to protect the rights of drivers, Nevada law sets down very strict guidelines for the DUI arrest process, and if the police did not follow those rules explicitly, your arrest was illegal. In fact, there is a good chance that prosecutors will be forced to drop your charges completely or they will be dismissed by the judge. Handling a case of this magnitude and with so many complex variables requires the skills of a lawyer who has spent plenty of time working with the Nevada law and with the police and prosecutors of the Las Vegas area.

What is Felony DUI Court?

Just like misdemeanor DUI court, felony DUI court, or the Serious Offenders Program, is a last resort that substitutes a heavy schedule of treatment and monitoring for jail time. While house arrest, group treatment meetings, a license suspension, and frequent progress meetings with a judge are no fun, they do allow you to stay out of jail and keep your life intact. Only third time DUI offenders whose actions have not caused injury or death to others are eligible for the program, and a lawyer with extensive Las Vegas area connections and relationships is a vital partner during the tedious, painstaking application process.

If a conviction under felony DUI charges cannot be avoided, you face years spent behind bars unless your attorney is able to convince the judge and prosecutor to allow you to complete felony DUI court. If you are from out of state, the lawyer’s job becomes even more delicate, because the judge must agree to work with organizations in your local area to provide the necessary services. Once you have been admitted into the program, adhering to whatever curfews, driver’s license suspensions, alcohol tests, and other requirements are set is absolutely essential. Otherwise, you will be sent to a Clark County jail to serve your original prison sentence.

Las Vegas (Clark County) offers misdemeanor DUI court as an alternative for serving a jail sentence for certain first and second time DUI offenders. Also called the Moderate Offenders Program, admission must be granted by a judge, who also sets the requirements. These requirements include community service, mandatory counseling meetings and individual checkups, house arrest for 90 days, monitoring of activity by way of an alcohol detection and GPS device, and a possible suspension of your driver’s license. Although these penalties are heavy, they are less devastating to your present and future life than the alternative—up to six months of incarceration in a Clark County jail. Some added benefits of misdemeanor DUI court are a possible reduction of charges to reckless driving (instead of DUI) and the ability to return home if you live out of state.

The help of a local Las Vegas lawyer is very important if you expect to successfully finish DUI court (usually about a year in length) and stay out of jail. Your lawyer can petition the judge for lighter requirements and help you make sure you finish all the steps on time, as well as correctly filling out all the applications and other paperwork that are required.

Fighting Misdemeanor DUI Charges

Don’t make the mistake of assuming that pleading guilty to a misdemeanor first or second offense DUI is the easy way out. A guilty plea will get you not only a record that will make it extremely difficult to get hired and will mark you with heavy social stigma, but also the strong probability of a 90 day suspension of your driver’s license. Instead, get a Las Vegas defense lawyer on your side who knows how to get your charges dropped or reduced to a minor reckless driving misdemeanor.

DUI Penalties

In addition to a suspension of your license for 90 days by the Nevada DMV or your home state’s DMV, a jail sentence, fines of over $1,000, and orders to attend treatment or DUI court programs are all possible penalties under misdemeanor DUI charges.

Defense Strategies

A DUI conviction depends on strict adherence to procedures and policies during the arrest process. More often than not, a hardworking attorney can find a number of ways in which the police did not respect your rights, creating grounds for dismissal of the charges. Even if a conviction of some kind cannot be avoided, reduction to reckless driving carries lighter penalties, requires a shorter waiting period before the records can be sealed, and will allow you to keep your driver’s license intact.

Fifth Amendment Rights

The fifth amendment promises every citizen the right to a jury trial and due process, protection against double jeopardy (being tried for the same charge twice), and just compensation for property taken for public use. Most importantly for someone facing arrest, this amendment states that no citizen can be “compelled” to testify against himself. This protection eliminates the use of force to get a confession, and also ensures that outside evidence must be presented in order to convict someone of a crime. In 1966, the Supreme Court decided that the best way to practically implement this right is to require that every arrested individual be specifically told that he or she may refuse to speak, and that any statements made can be used as evidence in court. A defense attorney can advise you on what questions you should answer and when you should “invoke the fifth amendment” and refuse to answer.

Sixth Amendment

In addition to setting the general rules for a jury trial, the sixth amendment specifies that any citizen charged with a crime has the right to “the Assistance of Counsel.” This right, also included in the Miranda warning, allows anyone under arrest to be guided through the legal process by an attorney. All attorneys are not equally capable, however, and frequently the free lawyers appointed by the court and Clark County discount lawyers do not have the time and experience needed to mount an effective defense. Your best choice is to exercise your sixth amendment rights as soon and as fully as possible by hiring a defense lawyer with a record of success as soon as legal trouble presents itself.

As a U.S. citizen, you have access to valuable rights that are designed to protect you against unjust or excessive punishment under the law. In order to make full use of those rights, you will need the services of an attorney who can tell you exactly what to say and what not to say.

Expunging and Sealing Criminal Record

In many states, you can expunge criminal record listings, effectively removing them from your record in all but the most extreme legal circumstances. Unfortunately, the state of Nevada does not offer the option of expunging records. Instead, sealing criminal record entries is the method used to hide them from future background checks. Once sealed, an incident like a drunk driving conviction will no longer be a reason for a business to deny you a job or a loan.

There are some special instances in which a sealed criminal record can be unsealed; this is one of the disadvantages of sealing rather than expunging criminal record entries. Here are some of the most common situations that allow unsealing of records:

• Courts can still view your record if you are being prosecuted for repeating an offense that was previously sealed.
• You can voluntarily reopen your record if it may help you oppose conviction for a different crime.
• A limited number of organizations are permitted to view even sealed records before hiring or granting some types of licenses.

Under normal circumstances, however, a sealed record does not appear on background checks for routine purposes.

Requirements for Sealing Records

The requirements for sealing criminal record entries vary according to the nature and seriousness of the offense in question. In Nevada, misdemeanors like reckless driving can be sealed after only two years, while a felony must remain on the criminal record for up to fifteen years before a petition for sealing can be entered.

• Arrests not resulting in conviction: No waiting period required. Even though you were not convicted of a crime, if the arrest is left on your record it can have an adverse affect on hiring and other opportunities later. The best course of action is to move to have the arrest sealed right away.
• Misdemeanor convictions: Normal waiting period is two years. This includes minor offenses like trespassing.
• Gross misdemeanor and Category E felony convictions: Normal waiting period is seven years. Most DUI convictions fall into this category.
• Other felony convictions: Normal waiting period is from twelve (Categories C and D) to fifteen years (Categories A and B).

Procedure for Sealing Criminal Record

There are many specific steps to follow in order to successfully petition to get a criminal record sealed, and failure to comply with rules and deadlines will result in a rejection of the petition. The fastest and most reliable method for getting records sealed is to get the help of a criminal lawyer who has not only a thorough knowledge of Las Vegas legal procedure, but who also has a reputation and rapport with the authorities. Because sealing of records is always left to the court’s judgment in the end, an established attorney’s clout is one of the most valuable assets you can have in the process.

Once the waiting period has ended, you can submit the petition paperwork and associated fees to the Clark County District Attorney’s office. If the DA signs the petition, the court will probably order the record sealed. Even if the DA does not sign your petition, however, you can request a judicial hearing, and the court may decide to seal the record against the DA’s judgment. Obviously, this process is best handled by an attorney who has experience navigating these difficult legal paths.

One major factor to be aware of is the limit on petitions to seal records. A request for sealing can only be made once, with the ability to ask for two rehearings, and the requests must be made at least two years apart. This means that if a petition to have a drunk driving record sealed is mishandled by an inexperienced lawyer or denied because of a misunderstanding, you will only be left with two more chances, which must be made two years apart, to get the record sealed. If that last effort fails, the record will remain permanently.