Attorney Offices
- Kapalaka Law Offices:
The most common criminal offense, not counting traffic citations, in the Las Vegas area is DUI or drunk driving.
The Nevada legislature is under great pressure from groups like Stop DUI and M.A.D.D. to get even tougher on driving drunk. These groups have caused the legal BAC or blood alcohol level to .08 from .10, thus making it easier for you to be arrested for DUI.
There are ways you can fight a win a DUI charge in Las Vegas. It requires an experienced Las Vegas criminal attorney on your side to be able to determine the most effective way to win your case.
If convicted of a DUI in Las Vegas, a first offender be faced with 6 months in jail irregardless of the level of intoxication. Most DUI charges can be negotiated, which is why it is essential to hire the best Las Vegas criminal attorney who can achieve the best outcome for you.
With your future at stake, do not settle for less. Just because the laws got tougher doesn't mean you don't have a fighting chance.
- Erickson, Patricia:
If you are convicted of a crime, your case is not over. You may be able to see your conviction overturned or reversed due to errors made by the court, the prosecutor or your prior defense attorney.
- McFarling Law Group:
Immediately after you are charged with a crime, you need an attorney who
can protect the rights of the accused and find out if the police have
used any illegal search or arrest procedures. If so, the entire case
could get thrown out of court.
The laws and procedures related to a criminal violation can be very
difficult to understand without the assistance of a highly skilled,
experienced attorney.
In Nevada, there are three categories of crimes, misdemeanor, gross
misdemeanor, and felony. Misdemeanor crimes are punishable by up to six
months in the county jail and/or a $1,000.00 fine. Gross misdemeanors
are punishable by up to one year in the county jail and/or a $2,000.00
fine. There are many different categories of felonies. Each category
carries a different sentence. Generally, felonies are punishable by a
prison sentence of more than one year.
In Nevada, there are no jury trials for misdemeanor cases. You will need
an attorney to guide you through this process and help you prepare you
on the best way to answer questions the judge will ask you during a
"bench trial." The judge then decides whether a person is guilty and
imposes a sentence. It is important to be prepared by an experienced and
knowledgeable attorney in every way before the bench trial for you to
get the best results in your case.
If you are charged with a gross misdemeanor or felony, you are entitled
to a jury trial. Again, there are many instances where imprisonment does
not occur, even if you are convicted of a felony or gross misdemeanor.
Keep in mind that these categories are just a guideline to determine
length of sentence and potential fines.
An attorney will need to find all of the information that the prosecutor
and police have that is relevant to the case, this is called discovery.
Once discovery has been completed, a(n) ... attorney will
be able to assess your case and will meet with you to discuss the
evidence and find the best way to represent you in your case.
- Gene Drakulich:
When you are arrested for a criminal offense need for a competent defense attorney is imperative. Before any statements are made to the police it is essential that you are made aware of your rights and informed of the consequences of attempting to resolve any criminal charges without the assistance of an experienced criminal defense attorney.
When searching for an attorney always inquire as to the background of the individual. Important criterions are the number of years the attorney has been practicing; his or her work experience; and, the type of cases handled in the past.
- Martin Hart:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offenderÕs expense) of a car ignition locking device are typical ways courts punish DUI offenders. If you have three DUI convictions within seven years, your driverÕs license will be automatically revoked for 3 years with a felony conviction that does not allow probation.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter).
- Dempsey, Roberts & Smith:
The legal limits in Nevada are .08 percent blood alcohol level or any detectable amount of a controlled substance. In addition to facing serious charges, your driver license can be revoked and your vehicle may be impounded.
- Albright, Stoddard, Warnick & Stoddard:
When you are facing a traffic offense, including drunk driving, if convicted, you may lose your license, have large fines and court costs imposed upon you, and even serve jail time. If you are facing a more serious misdemeanor or minor felony charge, you could be facing a loss of civil rights and jail or prison. You have the right to have your criminal defense attorney represent you at every stage of a criminal proceeding.
- Scott Freeman:
Though legislators have relatively unfettered power to decide whether a
certain behavior should be a crime, many rules limit the ways in which
the state or federal government can prosecute someone for a crime.
These restrictions start with the U.S. Constitution's Bill of Rights,
which provides basic protections-such as the right to refuse to testify
against oneself, the right to confront one's accusers and the right to
a trial by jury-for people charged with crimes. State constitutions may
increase (but not take away from) the federal protections. Federal and
state legislatures can pass laws governing how criminal procedures work
in their jurisdictions, but these laws cannot reduce the protections
offered by the federal and state constitutions.
The interplay between constitutional provisions and legislative
enactments is regulated by our courts. Courts decide whether or not a
particular legislative rule, court practice or police action is
permissible under federal and state constitutional law. What may seem
like a slight variation from one case to another can be, in the eyes of
a court, the determining factor that leads to a vastly different
result. For example, a police officer is frisking a suspect on the
street and feels a hard object in the suspect's pocket. Suspecting that
the object is a possible weapon, the officer reaches into the pocket
and finds both a cardboard cigarette box and a packet of heroin. This
action by the police officer -- reaching into the pocket -- would be
deemed a permissible search under the rulings of most courts (to
protect the officer's safety), and the heroin could be admitted into
court as evidence. However, if the object felt by the officer was soft
and obviously not a weapon, then reaching into the suspect's pocket
might be deemed an illegal search, in which case the heroin couldn't be
used as evidence.
- Joseph Caramagno:
The best defense is a good offense.
- Christiansen Law Offices:
Many states have now lowered the legal blood alcohol concentration
(BAC) limit from .10 to .08 percent for adults, and more than a dozen
states have passed Zero Tolerance laws that prohibit drivers under
twenty-one years old from having any measurable amount of alcohol in
their blood system. As the legal limits decrease, so do your chances of
being charged with drunk driving if you choose to drink and drive. If
you've been arrested for drunk driving, you need the skill and
expertise of an experienced drunk driving attorney to see you through
the complicated legal maze that awaits you.
Drunk driving (DUI) convictions can result in large fines, loss of your
driver's license, and even jail time. If you are charged with
DUI,contact usat once. At Christiansen Law Offices , we have
considerable experience representing clients charged with DUI. We will
represent you on the criminal case and at the DMV hearing to preserve
your driving privileges. If your license was revoked because of a DUI
charge, you only have 10 days to request the DMV hearing...
- Amy Chelini:
Evidence of a criminal defendant's prior crimes or convictions may be
relevant in a proceeding for a subsequent offense. Notwithstanding the
relevance of such evidence, the Federal Rules of Evidence (FRE)
generally prohibits the use of evidence of prior crimes to prove the
character of the person against whom it is introduced. Specifically,
FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs,
or acts...in order to show action in conformity therewith."
- Robert Drascovich:
A lawyer representing an accused individual needs experience in the
preparation, investigation, and presentation of his client's defense.
The penalties for incompetence in a criminal case may be more terrible
for an accused person than any other type of client.
- Jason Moss: Q: If I
am stopped while driving and the police officer asks me to do field
sobriety tests do I have to do them?
A: The police have an absolute right to ask you to perform the tests.
However, if you don't perform the tests, your refusal cannot be
introduced at trial. In addition, there are no legal consequences for
your failure to do the tests, i.e., you don't have your driver's
license taken away from you.
- Chris Rasmussen: You can be arrested for DUI by driving while
over the legal BAC in your state or while impaired. But, you need not
actually operate the car in order to be arrested. You can still be
found guilty if you had the capability and power to dominate, direct,
or regulate the vehicle, regardless of whether you were exercising that
capability or power at the time of the arrest. In other words, simply
sitting behind the wheel with the keys in the ignition can lead to your
arrest for DUI by being in "actual physical control" of the car.
Brought to you by Colorado DUI Drunk Driving Defense
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