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If I intend to plead guilty to a white collar crime, should I hire an attorney? When you are accused of a white-collar crime, it may seem easy to plead guilty, especially if there is a lot of proof against you. However, hiring an experienced defense attorney is crucial, even if you plan to admit guilt. A lawyer can help with negotiation strategies and mitigation efforts, potentially making a significant difference in your case. The prosecutor may push for harsh consequences, but a skilled attorney can advocate for a fair agreement and protect your rights. Each offense is unique, and a lawyer’s experience can help you navigate the charge, whether it’s fraud, embezzlement, or another white-collar crime.

Judges consider many factors in these situations, and a defense attorney can work to reduce the impact on the defendant, ensuring that you are treated fairly and not unjustly penalized. Don’t let anyone face such charges alone—consult a lawyer to understand the full implications of your case and protect your future. The difference a lawyer can make in your defense is substantial, offering guidance through the complexities of the courts and the prosecution’s case. Your lawyer will work to safeguard your rights, ensuring that you are given the best possible outcome in your situation.

Understanding the Charges and Evidence

Fraud, embezzlement, and insider trading are all examples of white-collar crimes, often involving complicated financial deals and legal details. Don’t go to court without a lawyer. You might not fully understand the charges or the evidence being used against you. What can a criminal defense lawyer do?

• Look at the case: Make sure that the information presented by the prosecution meets the legal requirements for a conviction.
• Complain about mistakes: If you find any mistakes or overreach in the charges, this could lead to fewer charges or the case being thrown out.

Negotiating a Plea Deal

Even though pleading guilty might seem the easiest way to get out of trouble, it doesn’t mean you must take the harshest punishments. An experienced lawyer can work with officials to get a good plea deal, which could include protecting your right to a fair process, ensuring the truth is considered, and minimizing the impact on you as a defendant. This could help avoid severe consequences, even if you are the victim of circumstances.

• Less severe charges: Persuading the prosecutors to lessen the seriousness of the charges.
• Lighter sentencing: A lighter sentence means pushing for less time in jail, fines, or probation instead of harsher punishments.
• Alternative solutions: Looking into choices like community work, agreements to make amends, or deferred prosecution.

Minimizing Sentencing Consequences

People who commit white-collar crimes often face harsh punishments, such as jail time, hefty fines, and damage to their image that lasts for a long time. A lawyer can tell the judge about mitigating factors, such as valid reasons for the offense, to help secure a more favorable plea bargain. This can ensure that you are treated the same as others with similar circumstances, potentially reducing the severity of the punishment.

• Lack of intent: Lack of purpose means showing that the crime wasn’t planned ahead of time.
• Cooperation with the police: Making it clear that you are ready to help with investigations.
• Personal circumstances: describing things that happened in your life that made you do what you did, like having trouble with money.

These points can help shorten your life and affect your life.

Protecting Your Rights

During the whole court process, your rights must be protected even if you plan to plead guilty. Police and prosecutors might not always do what’s best for you. A lawyer makes sure that:

•  Fair treatment: means keeping you safe from unfair or illegal tactics.
• Correct documentation: Ensure your plea is entered correctly and in line with the law.
• Being aware of the effects: Make sure you know what your plea will mean for you, including how it will affect your personal and professional life.

Preparing for Life After Conviction

In a white-collar crime, pleading guilty can have long-lasting effects beyond the sentence. For example, you may have trouble getting work or fixing your reputation. What can a lawyer do? Defense attorneys can help by presenting key documents and reasons for the offense, ensuring that mitigating factors are considered. They can work to protect your rights and minimize the impact of the case, preventing it from affecting your future opportunities. Their efforts can also reduce the potential for violence-related consequences or further harm to your reputation.

• Give you advice on how to manage your records: explain your choices for deleting or sealing records.
• Reduce the effects on your career: Try to keep the effects on your relationships and job as low as possible.
• Please advise on how to handle restitution: Help people get their money back that you owe them.

Conclusion

Hiring an experienced criminal defense attorney is crucial, even if you plan to plead guilty to a white-collar crime. A lawyer from Lipp Law LLC can provide expert guidance and support, ensuring your rights are protected throughout the process. Their expertise in negotiation and representation can help mitigate the implications of the charges, whether a felony or misdemeanor, and improve the result of your case. Their strategic approach can address your concerns, protect your interests, and offer the best level of protection in the courts. Whether the offense involves property theft, fraud, or embezzlement, a skilled attorney can help preserve your freedom, employment, and rights.

Don’t face the authorities alone—seek professional help to navigate the complexities of criminal law. The attorney-client relationship at Lipp Law LLC ensures that someone is always there to guide you, offering the services and support you need to protect your future. With their experience in plea bargains and defense strategies, they work to minimize the impact of charges and losses, securing a more favorable outcome for you. Trust Lipp Law LLC to safeguard your rights and work toward the best possible result in your case.

Frequently Asked Questions

What should I look for in a lawyer for a white-collar crime case?

Look for a lawyer who has dealt with white collar crimes before, is good at negotiating, has a history of getting good plea deals, and understands the reason behind the offense. They should know how the law and business work together for legal purposes and have experience handling cases as complex as financial crimes. The right lawyer will approach your case with the understanding that every person’s situation is unique and deserves tailored attention.

What should I do if I can’t pay for a private lawyer?

If you can’t pay for a private lawyer, the court may be able to appoint one for you. This lawyer can still give you essential advice and defend you in your case.

Can a lawyer try to get probation instead of jail time?

Yes. Depending on the details of your case, a lawyer can advocate for probation or other alternatives to jail time as part of your plea deal.

What if I want to plead guilty to shorten the trial?

A lawyer can speed up the plea process and ensure your rights are respected and the plea deal is fair. They can also lower the fines to make the process easier.

Can a lawyer help me if the charges aren’t entirely accurate?

Yes. Even if you plan to plead guilty, a lawyer can argue that the charges or facts are not accurate. This could lead to fewer charges or a better deal for the guilty plea.

What will happen if I decide not to plead guilty?

An attorney can look into other tactics if new information or circumstances arise. They will tell you your choices and help you make the best choice for the future.

Do I have to pay more to hire a lawyer if I plead guilty?

It costs money to hire a lawyer, but it can save you money in the long run by keeping you from paying fees, penalties, or other costs. The legal process will also go more smoothly and with less stress.

How do I pick the best lawyer for my white-collar crime case?

Look for a lawyer who has dealt with white-collar crime cases before, has a history of good plea deals, and has a deep understanding of how the law and money work together.

Will a lawyer help me get my life back on track after I plead guilty?

Yes. An attorney can help you take steps to lessen the long-term effects, like getting the record erased, dealing with issues with your professional license, or fixing damage to your image.

What are the chances of pleading guilty without a lawyer?

If you don’t have a lawyer, you might not understand the charges, agree to punishments that are too harsh, or give up your rights without realizing it. A lawyer ensures you are treated fairly and that the plea deal benefits you. 

Navigating the Decision to Plead Guilty to a White Collar Crime

Our Lipp Law LLC attorneys understand that pleading guilty to a white-collar crime is a significant and personal decision. This plea could negatively impact your professional image, future job opportunities, and financial stability. If charged with offenses such as fraud, embezzlement, insider trading, or theft, individuals could face harsh penalties, including jail time, hefty fines, or the requirement to repay stolen money. Without skilled legal counsel, navigating this complicated legal landscape can lead to unnecessary hardships and missed opportunities for mitigation.

Every white-collar crime case is unique, and the outcome depends on factors such as the charges, evidence, and your level of cooperation with the authorities. It’s essential to have an experienced criminal defense attorney on your side, even if you plan to plead guilty. At Lipp Law LLC’s office, we work to ensure that you fully understand your position and the potential consequences of your plea. Our attorneys are skilled at negotiating plea bargains, advocating for reduced charges, and exploring alternative sentencing options such as probation or community service.

At Lipp Law LLC, we are committed to protecting your rights and minimizing the long-term impact of your case. We carefully review the facts, identify mistakes in the prosecution’s case, and develop a strategy tailored to your situation. While the outcome cannot be guaranteed, a strong defense can significantly reduce penalties and protect your future.

To avoid making a decision that could affect your future, we encourage you to schedule a consultation with our experienced attorneys before pleading guilty to a white-collar crime. Contact our law offices today to set up a private meeting, discuss your options, and take the first step toward resolving your legal issues.

Skipping Jury Duty in Las Vegas? What Happens if I Ignore a Summons?

It is against the law in Nevada to ignore a jury summons. Nevada Revised Statute 6.040 expressly forbids any eligible citizen in Nevada from disregarding a jury summons and the issuing Court may well further summon that individual by directing to them an “Order to Show Cause.” For instance, if you oversleep and miss your jury service, the Court may send you this Order and you will be required to come to Court and give your reasons for failing to attend. If the judge is satisfied with your mea culpa, then no harm no foul. However, what if the judge is not persuaded? What’s the worst that can happen? Am I getting hauled off in cuffs you may ask?

Luckily, in Nevada, you are not likely going to jail (although you could) for sleeping through your jury summons and failing to appear, but you may be relieved of some of your money. A judge can legally order a “missing” juror to pay up to $500—or spend three days in jail—but it would take a real charmer to make an elected judge send an absentee juror to jail. Simply put, that is bad for business when your business is getting reelected.

What is Voir Dire? Will I Be Interrogated? What Will They Ask Me?

The basic premise of voir dire is to allow the lawyers representing the parties in the case to probe the venire and gather information about the prospective/potential jurors to ensure that they choose persons who will ensure a fair and impartial panel for their client. While potential jurors are not interrogated, many people that do not speak publicly for a living find the process uncomfortable, and some are downright terrified. Whether it be shyness, facility with English, lack of familiarity with some courtroom terminology, or a myriad of other reasons, folks generally do not enjoy the fishbowl atmosphere that voir dire seems to invite. While the questions are usually brief, many folks volunteer more than just the answer that was sought—and thereby make themselves easy “targets” for additional questions.

While practices in different courthouses (Henderson, Las Vegas, North Las Vegas, etc.) may vary, the basics of the process are pretty consistent. Most, if not all judges, do some so-called general voir dire to start. This is akin to getting acquainted on the first day of the school, the judge, like the teacher, will often go around the room and address at least the first thirty or so panel members. Each potential juror will be asked to provide their name, education level, employment status, number of children, and length of residency in Clark County, Nevada, for instance. Other general questions which may be asked involve military service, law enforcement experience, whether or not the individual has been a victim or perpetrator of a crime (or otherwise interacted with DA, LVMPD, etc.). Essentially, can you, as a potential juror, be fair and impartial or are the confluence of experiences you have had likely to have made you preferred by one side or the other? If so, you’ll likely be stricken by the side that might not benefit from the menagerie of experiences you’ve had.

How Do I Make Myself an Unattractive Juror?

The stronger opinions you have, the more likely one side (or the other) will find something you say objectionable. If there is an outright belief that one cannot be fair—or cannot judge other folks as in some faiths, then this should be stated. It may be tested, as the parties, or even the judge, may find your strength of belief to really just be a ruse calculated to relieve oneself of an important civic duty. But if you feel very strongly and can withstand a little probing, you just may find the exit ramp without much difficulty.

Of course, there is at least one other way to ensure you get excused from the venire. If you demonstrate an almost eerie eagerness to be on the jury, many lawyers will find this perplexing and the unknown presents dangers that may be unseen. If a potential juror seems excited for jury duty it is abnormal to the point of raising red flags. The belief, most often unspoken, is that anyone that wants on a jury that bad has skin in the game, a horse in the race, or in layman’s terms, likely is not all that impartial at all. This is one sure way to put a spotlight on yourself while in the jury box and enduring voir dire. Nobody wants, to quote John Grisham, a “Runaway Juror”.

How Much Does Jury Duty Pay in Nevada?

The short answer is—not much at all! The good news is that in Nevada, as in every state in the Union that I have ever heard of, an employer is not permitted to penalize an employee for performing their civic duty—and missing work as a result. So not only do you get paid your ordinary rate or salary—after the first two days you will make, drumroll please…$40/day going forward. So, I guess the takeaway is, keep your day jobs!

As for mileage reimbursement, the general answer is no, save for some exceptional circumstances. Potential jurors over 65 required to drive more than 65 miles one way will be compensated for gas mileage—nobody else. As you might have gathered, the answer then for the vast majority of potential jurors is “no mileage reimbursement”. Nobody ever said performing your vital civic duty would be lucrative.

At What Age Are You Exempt from Jury Duty?

In Nevada, there is no upper limit for jury service. This means that from the age of 18 onward, until you leave this mortal coil, you are on the hook for potential jury duty as a Nevadan. There are some caveats to this, of course, and that is where all the action is. As I just explained above, after you turn 65, performing your civic duty comes with some additional perks—if you drive a long distance the State of Nevada will reimburse you, for instance. Further, once you attain the age of 75, a Nevadan can request to be relieved from the obligation due to almost any reason—and will likely find a receptive ear on the bench no matter whose Court they may be in.

How Often Can I Be Issued a Jury Summons? If I am Not Chosen Do I Still Move to the “End of the Line”?

  While there are slight variations throughout the State of Nevada, owing to the vastly disparate sizes of counties and their respective populations, the general rule of thumb is that if you are called to the Court as a member of a venire you will likely be relieved of the privilege for a period of 12-24 months. In Washoe County, up north, you will not be called to jury service for two years after being part of a venire (you need not be chosen for a trial or anything—just answer the call and report). In Clark County, where the large population centers of Henderson, Las Vegas, and North Las Vegas all lie, as well as Laughlin, the turnaround time will be 18 months. At any rate, you likely won’t be called to jury service more than a handful of times in your adult life—and if you were called that many times, you will have lived a long life and been given a seemingly “lucky” number. At almost forty, I haven’t been called once—neither has my partner.

Lipp Law LLC is an experienced criminal defense attorney in Las Vegas.  We offer free initial consultations to help you!  Give us a call at (702) 745-4700.

Lipp Law LLC Explains Juvenile Defense Laws

When it comes to juvenile defense laws, Las Vegas has some strict policies dictating what ages are considered as juvenile, and how specific types of charges will be handled. The Nevada juvenile court will handle cases in which a child under the age of 18 is alleged to have been delinquent, in most cases. However, a minor could be charged as an adult in certain specific cases, namely:

• If the child is accused of having committed a serious felony, murder, rape, robbery etc. and
• If the child was 14 or older at the time of that serious felony

In the Juvenile Defense Laws, there is a certification process in which the juvenile court “Certifies “that the juvenile shall be tried as an adult. Since the punishments are so much more severe, we always try to keep juveniles in the juvenile court system.

A juvenile that is facing a delinquency charge under the Juvenile Defense Laws has the same right to an attorney as an adult. If the child cooperates with the process then the judge has the option to dismiss the case after a suitable period of supervision. With the juvenile defense laws Las Vegas hopes to give young people the opportunity to be rehabilitated and to go on to lead a normal life as a productive member of society. If your child has been accused of delinquent acts, you can protect his or her interests and future by hiring the best juvenile criminal defense Las Vegas has to offer.

You should hire a lawyer since the juvenile record can result in your child being expelled from school, especially if the crime happened on school grounds or on the school bus. Other indirect consequences of a juvenile record can follow your child into adulthood, even if he or she is not expelled from school.

Understanding Juvenile Defense Laws in Las Vegas

The Juvenile Defense Laws in Nevada offers a number of potential punishments for juvenile delinquents, including, but not limited to:

• A fine
• Community service
• Suspension of their driver’s license
• Detention in a juvenile facility

The juvenile court primarily hears cases where the defendant is under the age of 18. However, since not all cases are resolved quickly, there can be cases where a defendant is over 18 but under the age of 21, and is brought before the juvenile court because of their age at the time the alleged crime was committed. In the Juvenile Defense Laws, this right for someone of that age to be heard in a juvenile court is important because juvenile charges are likely to have a lesser impact on the life of a young person than charges that are given in an adult court. In juvenile court the number one goal is rehabilitation not, punishment. The exact opposite is true in adult court. Minors usually lack the judgment and maturity to make good decisions consistently

Criminal charges and delinquent charges are vastly different in the Juvenile Defense Laws, even if the crime that the person committed is the same thing and the only difference is the age at which it was committed. The unfortunate trend in recent years has been to transfer juvenile crimes of a more serious nature to the adult system, which negates the intent and purpose of an enlightened juvenile justice policy. It is a short-sighted approach since once the minor is transferred into the adult justice system and convicted as an adult, he or she often faces insurmountable difficulties when it comes to returning to a normal life.

Children in Need of Supervision

In the Juvenile Defense Laws, Las Vegas, Nevada has a classification for certain juvenile offences of ‘child in need of supervision’. This is designed for certain minor offenses, such as repeated truancy, running away from home, or breaking tobacco or curfew laws. Some children that are classed as ‘in need of supervision’ are also delinquent and vice versa, but there is not always an overlap.

Getting a Fair Trial for Your Children

If your child has been arrested, you are probably feeling anger, shock, and disbelief. It is perfectly normal to feel angry at your child while worrying about how a conviction might affect his or her future. Your child still needs your support and help despite of your anger and disappointment.

In the Juvenile Defense Laws, if your child is accused as having committed an offense and you are worried about the trial process, remember that you have the right to an attorney. The court could choose to provide parents with a public defender if it believes that the interests of justice require that there be one present, you can not afford a private attorney and if the court documents the reasoning for this in the records.

All US citizens, including juveniles, have the right to counsel when accused of a crime. Many juvenile defendants have no option besides using a public defender. Public defenders are dedicated lawyers that work long hours and do everything within their power to help these young people. However, the have enormous caseloads, which leaves them with little time to give every case the attention needed, which is why you should consider hiring a private lawyer. NO public Defender can spend the amount of time on your case that I can.

You need to hire the best juvenile criminal defense Las Vegas has to offer who will devote the time required and pay close attention to your child’s case, and who can protect the rights of your child by keeping him or her in the juvenile defense system.

The lawyer you choose should be capable of working within the juvenile justice system for the best interests of your child, without imposing barriers to a meaningful life. If your child has already been certified by the court to be tried as an adult, the stakes will be even higher.

Employers may not dismiss an employee for them having to attend juvenile court.

The law requires that the young person is informed of their rights, and that the officers who arrested the child make an effort to track down the child’s parents. Depending on the crime that the young person is accused of, the officer has the discretion to release the child once the parents have provided written confirmation that they will ensure that the child attends court.

There are some instances where detention is necessary and that the child will be held in a secure facility. Children who were fugitives or who are considered to be a flight risk will be detained, for example.or if a firearm was used in the offense. However,m we are often able to work out a rep tiral plan so the juvenile can remain out of of custody: GPS monitoring,house arrest etc

If your child is facing charges, then get in touch with a Las Vegas attorney that specializes in juvenile cases like Lipp Law LLC. They will be able to offer you advice and ensure that your child is tried in the correct court, protecting their future and giving them the chance to be rehabilitated properly and fairly, if they did indeed commit a crime. Children deserve the right to be treated in an appropriate way considering their age and their cognitive development at the time that the crime was committed, and while the juvenile justice system is set up to ensure this, it is always valuable to have someone fighting in your child’s corner.

Hiring the right juvenile defense lawyer to represent your child can make the difference between returning to normal life as a law-abiding citizen and a life of crime after falling under the influence of hardened criminals in adult prison. A lawyer that understands the system and cares will give your child a chance at a better future.

If your child has been arrested or questioned, you need to hire the best juvenile criminal defense Las Vegas has to offer. The juvenile defense lawyer should be there when you and your child need him/her to provide advice, advocacy, and protection to get your child back on track without having to say goodbye to a meaningful future. So you should hire the best juvenile criminal defense lawyer Las Vegas has to offer. Learn More about Daniel Lippmann here.

Nevada’s record-sealing laws have long been a crucial resource for those seeking a new beginning. However, the legal landscape has significantly transformed in recent years, providing new opportunities for individuals who wish to seal their criminal records. Individuals who intend to capitalize on the law’s provisions must comprehend these modifications, including the statute governing the scope of record sealing, the petitioner’s rights, and the reasons for sealing, such as arrests, harassment, or abuse.

Additionally, understanding the district court’s jurisdiction, the requirements for documents like fingerprints, and the list of violations eligible for sealing is essential. Individuals seeking to discharge their records should be aware of the fee structure, the process for obtaining a copy of their arrest records, and the potential impact on custody or jury rights. Website accessibility for filing and obtaining documents also plays a role, as does the involvement of law enforcement agencies in releasing information. In Las Vegas, NV, it is crucial to be aware of specific sections of the law that govern these processes and any potential violations.

Overview of the Record Sealing Law

Nevada’s record-sealing law allows individuals to limit access to their criminal records, thereby allowing them to begin anew following a conviction or arrest. Although record sealing does not entirely expunge a criminal record, it does prevent the majority of the public from accessing it, including employers, landlords, and other entities that may conduct background checks. This can considerably enhance an individual’s likelihood of obtaining employment, housing, and other opportunities that a criminal record may otherwise block.

What is Record Sealing?

Record sealing enables individuals to limit the public’s access to their criminal records. Sealing guarantees that specific convictions or charges are no longer accessible to the public, including employers, landlords, and law enforcement agencies. While it is not the same as expungement, which completely erases records, record sealing can offer enhanced personal development, housing opportunities, and employment prospects. Under NRS 179.245, the process allows for the dismissal of specific charges, and the prosecuting agency must consider the purpose and circumstances of the case, including whether the person has been a victim or committed a violation. This process is particularly beneficial for individuals who have completed their parole, served time in prison, or have been involved in cases related to minors or children.

Fees may apply, and law enforcement and prosecuting agencies may be involved in reviewing the request. Record sealing can help individuals clear their background checks for future employment or housing opportunities. It provides a second chance to move forward without the stigma of a criminal record. Seeking advice from a legal professional can help address any concerns and ensure all requirements are met. Individuals can regain their right to a fresh start and improve their prospects by sealing their records.

Key Aspects of Nevada’s Record Sealing Law

Record Sealing Eligibility

Not all criminal records are eligible for suppression. Nevertheless, certain conditions may allow for the qualification of numerous convictions, such as certain misdemeanors and non-violent felonies. The individual must typically satisfy the following criteria to be considered eligible:

• Sentence Completion: The individual must have satisfactorily fulfilled all the provisions of their sentence, which encompass probation, fines, and restitution.
• Waiting Period: A waiting period is required before applying for record closure. The duration of this period is contingent upon the nature of the offense, with certain misdemeanors qualifying for sealing after one year and specific felonies after several years.
• No Pending Charges: The applicant must not have any pending criminal charges at the time of the application.

Types of Offenses Eligible for Sealing

• Misdemeanors: A brief waiting period, typically one to three years, is required to suppress many misdemeanor offenses.
• Felonies: Non-violent felonies may also be sealed after a prolonged waiting period, typically five to ten years.
• Dismissed Charges: Individuals may be eligible for record sealing without a waiting period if charges were dismissed or resulted in an acquittal.
• Convictions for Specific Crimes: Certain offenses, including sexual offenses or violent felonies, may not be eligible for sealing under the law.

The Method of Record Sealing

There are numerous stages involved in the process of sealing a criminal record:

• Petition: To request the suppression of their criminal record, the individual must submit a petition to the court.
• Court Review: The court will review the petition to ascertain whether the individual satisfies the eligibility criteria.
• Hearing: In certain instances, a hearing may be necessary for the magistrate to determine whether to grant the petition.
• Order for Sealing: If the petition is approved, the court will issue an order to seal the record, restricting public access to the individual’s criminal history.

Advantages of Record Sealing

• Employment Opportunities: A sealed record can prevent the disclosure of past convictions, and numerous employers conduct background checks.
• Housing: Sealing a record increases the likelihood of obtaining housing, as landlords frequently require background checks.
• Public Perception: A sealed record enables individuals to progress without the stigma of a criminal conviction, facilitating a more comprehensive social and economic reintegration.

Record Sealing’s Restrictions

Although record sealing provides substantial advantages, there are constraints:

• Access by Law Enforcement: Certain agencies, such as law enforcement, may still have access to sealed records for specific purposes.
• Limited to Specific Offenses: Sealing may not be feasible for serious crimes, particularly those that involve violence or sexuality.
• Not a Full Erasure: Record sealing does not entirely obliterate the criminal record but restricts public access. 

Significant Modifications to Nevada’s Record Sealing Law

The most recent modifications to Nevada’s record-sealing law have resulted in a more efficient and inclusive process. The following are the principal modifications:

Reduced Waiting Times

• Nevada has decreased the minimum waiting periods for record closure applications. For instance, certain misdemeanors are now eligible for sealing after only one year, as opposed to the lengthier periods required under the previous legislation.
• The waiting period for non-violent felonies has been shortened, allowing a more significant number of individuals to receive sealing services more promptly.

Enhanced Eligibility

• In the past, record sealing did not apply to specific categories of offenses. The new law has broadened the eligibility criteria, enabling more individuals to petition for sealing, even those with intricate cases.
• Under specific circumstances, certain dismissed cases and lower-level felony convictions are now eligible.

Automatic Sealing in Specific Situations

• Nevada has implemented provisions for automatic record sealing in specific circumstances, an innovative development. For instance, charges dismissed with prejudice or not resulting in a conviction are now eligible for automatic sealing.
• This eliminates the necessity for individuals to navigate the complex application process.

Streamlined Application Process

• The revised law has simplified the record-sealing application process, making it more accessible to individuals not conversant with legal procedures.
• Courts and legal assistance organizations are striving to establish more transparent guidelines and expedite the processing process.

How to Submit an Application for Record Sealing

Although the modifications have made record sealing more accessible, adhering to the appropriate procedures is crucial. The fundamental procedures are as follows:

Ascertain Eligibility

Consult the updated statutes or obtain legal counsel to determine whether your case is eligible for sealing under the new regulations.

Submit the Petition

Submit a petition to the appropriate Nevada court. Be sure to include all pertinent documentation, including case numbers, final dispositions, and a personal statement that elucidates the request.

Participate in the Hearing

Attend a court hearing to have your petition reviewed by a magistrate, if necessary. The presence of a legal representative can substantially enhance your likelihood of approval.

Sealing Order

If the judge approves your petition, you will receive an order for record suppression. This document guarantees that public agencies adhere to the sealing request.

The Significance of the Changes

Recent revisions have significantly improved Nevada’s record-sealing law, providing individuals with a more favorable opportunity to begin anew. The most significant changes include the introduction of automatic sealing for certain dismissed offenses, expanded eligibility for sealing, and reduced waiting periods. These modifications facilitate the application process, enabling individuals with non-violent felonies and misdemeanors to submit their applications sooner. Nevada facilitates clearing one’s records by automating the sealing process and expediting the application process, enhancing access to housing, employment, and other opportunities. These modifications generally indicate a transition toward criminal justice reform and second chances.

Final thoughts

The most recent modifications to Nevada’s record-sealing laws are a significant development for numerous residents, offering relief and protecting their rights. If you have been contemplating the possibility of preserving your record, please check the system for options regarding misdemeanor and felony crimes, including DUI offenses, property crimes, and crimes involving minors or children. By understanding the disposition of your case, including events like an acquittal or pardon, and consulting a qualified attorney, you can navigate the process effectively.

The district attorney’s office and legal professionals can help ensure confidentiality and clarify the presumption of innocence or other facts relevant to your case. This process is essential for people who wish to protect their rights and avoid having their criminal record impact future employment opportunities or interactions with law enforcement agencies. If you require additional information or wish to commence your journey toward record clearance, please contact a Nevada attorney with experience or local legal aid services.

Frequently Asked Questions

Is there a restriction on how many times I may request record sealing?

No, there is no restriction. Nevertheless, each application must satisfy the legal prerequisites, and it may be necessary to rectify any prior rejections before submitting a new application.

What is the impact of the revised legislation on background checks?

Most background checks do not reveal sealed records, which considerably enhances the availability of housing, employment, and education.

Is it permissible to conceal traffic violations through the new legislation?

Certain traffic violations may be eligible for sealing depending on the severity and outcome of the case. For more information, consult the most recent statutes.

What is the effect of record sealing on immigration status?

Sealing a record may not eliminate its impact on immigration status. Immigration authorities continue to have access to confidential records for specific proceedings. For assistance, consult with an immigration attorney.

What are the consequences of being accused of a new crime after sealing my record?

If you are charged with a new offense, your sealed record may be unsealed for court proceedings. The new offense may also impact your eligibility for future record sealing.

Can I act as my advocate during the record sealing process?

Indeed, it is possible to represent oneself. Nevertheless, the procedure can be intricate, and it is frequently advantageous to engage the services of a lawyer or request support from legal aid organizations.

Is record sealing applicable to federal charges?

Nevada’s record sealing statutes are restricted to state and local offenses. Federal offenses are subject to distinct laws and procedures.

Is there a deadline for applying for record sealing?

No, there is no time limit for applying. Nevertheless, you must satisfy the waiting period for your particular offense before submitting a petition.

What is the function of courts in the record sealing process?

If your case satisfies the legal prerequisites, the courts will evaluate your petition, confirm your eligibility, and issue an order for sealing. Additionally, judges may conduct proceedings to assess petitions.

Can I conceal my record if I have committed additional offenses?

It may be necessary to wait until the resolution of any new offenses and the completion of their respective waiting periods before petitioning for record sealing.

Navigating the Latest Update on Nevada Record Sealing Law

The most recent modifications to Nevada’s record-sealing law have created new opportunities for those seeking a fresh start. These changes include shorter waiting periods, expanded eligibility for offenses such as weapon possession, battery, burglary, and even homicide, and automatic sealing in some cases. However, understanding the revised provisions, eligibility criteria, and application procedure can be complicated. Failure to adhere to the regulations or submit incomplete documentation may lead to delays or rejections. To fully benefit from these changes, it is essential to approach the process carefully, ensuring compliance to restore rights like voting and address concerns with law enforcement agencies.

In Clark County, including North Las Vegas, understanding the limitations of the law and its impact on background checks, particularly for individuals with a history of sexual assault, battery, or crimes involving minors, is crucial. The prosecutor’s role in reviewing evidence and the provisions governing these cases should not be overlooked, as victims’ rights and judgments related to the case may affect the process. At Lipp Law LLC, we recognize the significant impact of sealing a criminal record on your personal and professional life. Our team is here to guide you through the complexities of record sealing, ensuring that you meet all requirements and confidently move toward a brighter future. Contact us today to arrange a consultation and learn how we can help you navigate the benefits of the new law.

Lewdness With a Minor Defense

The Nevada crime of Lewdness with a Minor under 14 is codified in Nevada Revised Statute NRS 201.230. The elements of Lewdness with a Minor under 16 are as follows:

If a person commits a lewd or lascivious act on the body or any body part of a person under the age of 14 for the purposes of:

• Appealing
• Gratifying
• Arousing passions, sexual desires, or lust of
• The defendant adult
• The child

Then a Lewdness with a Minor under 14 charge may be brought for lewdness with a child.

“Lewd or lascivious” acts mean any sexual activity up to but not including penetration (because unlawful penetration is sexual assault).

In this era of “Me Too,” and heightened awareness of sexual violence, especially sexual aggression against parties unable to manifest consent, such as minors under 14 years of age, it is important to know just where the proverbial “line” is. The old adage is there is nothing wrong with a May-December romance, but this may be less true of a so-called “January-December” romance. While less onerous and burdensome than the related crime of Sexual Assault of a Child, which carries a potential term of 35 years to life in Nevada State Prison along with lifetime sex offender registration, the consequences of this kind of conviction are largely as devastating.

The punishment for the crime of Lewdness with a Child under 14 is a term of imprisonment in the Nevada Department of Corrections for a minimum of 10 years, with life imprisonment as a distinct possibility. As with the aforementioned crime of Child Sexual Abuse, lifetime sex offender registration is mandatory via statute for sex-based offenses with child victims. Lewdness with a Minor under 14 qualifies and subjects the convicted party to a lifetime of shame and humiliation, not to mention lost job opportunities, income potential, voting rights, and potential residence options, amongst other seemingly unforeseen “punishments”.

If you or someone you love is facing this serious criminal charge and these draconian penalties, call Lipp Law LLC now! We are aggressive and proactive in defense of our clients, and we always say it is easier to keep them out of jail than to liberate them after they have been taken into custody. Do not sleep on your rights! Contact us now!

Forced Medication

Forced medication or Sell hearings are relatively rare. As such, there is not a lot written about how to approach them. For a criminal defense lawyer, it is not simply a matter opposing the prosecution’s position because your client does not want to take his or her medication. Rather, the forcible administration of medication could have profound impact on trial strategy as well as longer term health consequences.

This chapter by Attorney Daniel Lippmann provides background on the litigation surrounding forced medication as well as provides practical tips for preparing for a hearing on forced medication.

The Beginnings of Forced Medication

It Started with Riggins

The Supreme Court case of Riggins v. Nevada was not just the most famous case I have ever handled but it was also the most interesting. It was the first murder case I ever tried, and a capital case at that. When the trial court ruled that Mr. Riggins could not refuse his prescribed psychotropic medication Mellaril, which is used to suppress psychotic behavior, I was astonished. Mr. Riggins’s only defense was insanity. There was no question that he killed the decedent. Aside from the effects of his medication, I questioned if Mr. Riggins looked “normal” at trial, would a jury believe that he was insane at the time of the murder?

The fact that Mr. Riggins had mental health issues was apparent the first time I met him. He believed that JFK was his father and that Marilyn Monroe was his mother. He had difficulty sleeping. He complained that he heard voices from Satan and from Satan’s assistant. He informed the jail psychiatrist that he had taken Mellaril in the past, and at Mr. Riggins’s request, the psychiatrist prescribed him increasing doses of the drug, up to 800 milligrams a day. However, at one point, Mr. Riggins refused to take his medication. The court then ordered that Mr. Riggins could not stop taking the Mellaril. The psychiatrist I used as an expert at our hearing on the issue of forced medication said that Mr. Riggins prescribed dosage was enough “to tranquilize an elephant.”

Mr. Riggins was convicted and sentenced to death. The conviction was appealed to the Nevada Supreme Court. There, we argued that the forced administration of Mellaril denied Mr. Riggins the ability to assist in his own defense and gave a false impression of his attitude, appearance, and demeanor at trial. Moreover, the State had not demonstrated that it had explored less restrictive alternatives to the 800 milligrams of Mellaril each day. The argument was lively and the decision was delayed. As time passed, I was beginning to have hope; but then the court affirmed the conviction and sentence. At that point. I wasn’t ready to give up. A petition of certiorari to the United States Supreme Court was filed and the court granted the petition.

The Supreme Court Decision in Riggins

The Supreme Court reversed and remanded, holding that forced administration of antipsychotic medication during Mr. Riggins’s trial violated his rights guaranteed under the Sixth and Fourteenth Amendments. A seven member majority held that the state did not show that antipsychotic medication was medically appropriate and further, the state did not show that it considered less intrusive means in obtaining its goal of trying Riggins.

After the decision, Mr. Riggins’s case was remanded to the Nevada District Court to be retried on the original murder case. He was appointed new counsel who resolved the case by having Mr. Riggins plead guilty to both the murder and the robbery charge with use of a deadly weapon. The state agreed to withdraw its request for the Death Penalty.

To be clear, the Supreme Court did not hold that the state could not forcibly medicate Mr. Riggins. Rather, it held that the state did not show that there were not any alternatives.

Medication and Restoring Competence

Following Riggins, courts have continued to clarify, or attempt to clarify, the standards for forcibly medicating defendants. The defendant’s attorney, the government, or the court may move for an assessment of the defendant’s competency. A defendant is incompetent to stand trial unless:

He has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him.

Due process requires that a defendant be competent at the time of trial. The right to be tried only if competent is fundamental to an adversary system of justice.

Competence to stand trial is rudimentary, for upon it depends the main part of those rights deemed essential to a fair trial, including the right to effective assistance of counsel, the rights to summon, to confront, and to cross examine witnesses, and the right to testify on one’s own behalf or to remain silent without penalty for doing so.

“Requiring that a criminal defendant be competent has a modest aim: It seeks to ensure that he has the capacity to understand the proceedings and to assist counsel.”

The prohibition against trying incompetent defendants is based on the rule against trial in absentia. Incompetent defendants

Are not really present at trial; they may not be able properly to play the role of an accused person, to recall relevant events, to produce evidence and witnesses, to testify effectively on their own behalf, to help confront hostile witnesses, and to project to the trier of facts a sense of their innocence.

In order to assess competency, an examiner will evaluate the defendant and make a determination of whether the defendant is able to factually and rationally assist in the defense. As courts have noted:

The inquiry involves an assessment of whether the accused can assist “in such ways as providing accounts of the facts, names of witnesses, etc.” United States v. Mercado, 469 F.2d 1148, 1152 (2d Cir. 1972). But it is not sufficient merely that the defendant can make a recitation of the charges or the names of witnesses, for proper assistance in the defense requires an understanding that is “rational as well as factual.” Dusky, 362 U.S. at 402.

If a defendant is deemed incompetent, court proceedings are usually stayed. Once the case is stayed, the court has many options on how to proceed, including committing the defendant for treatment until he or she can stand trial. While a few jurisdictions are developing outpatient programs, most of the restoration process occurs in a hospital. In general, most defendants will be prescribed medication to assist in alleviating the symptoms of the individual’s mental illness. If the defendant agrees with the prescribed treatment, no further input from the court is needed until the stay terminates. If the defendant refuses medication, most jurisdictions follow a substantially similar procedure.

The prosecution must decide if a defendant should be medicated for safety or health reasons. If the answer is yes, then a hearing must proceed on that issue, following a different standard than being medicated for the sole purpose of becoming competent under the case law. This is often called a Harper hearing after the U.S. Supreme Court case of Washington v. Harper.

If a defendant does not need to be medicated regarding safety or health, then the court will have what is called a Sell hearing to determine whether psychotropic drugs may be involuntarily administered to a mentally ill criminal defendant to render that defendant competent. Restraints, both physical and mental, are viewed with disfavor because they may abridge important constitutional rights protected by the Sixth Amendment, including the privilege of testifying in one’s own behalf, the right to confront witnesses, the right to consult with counsel during trial, and the right to appear and defend in person, which includes the right to appear with the unfettered use of one’s mental faculties.

Sell Hearings

Sell is the landmark decision in which the U.S. Supreme Court imposed stringent limits on the right of a trial court to order the forcible administration of antipsychotic medication for the sole purpose of making a defendant competent to stand trial. The court held that trial courts could do so only under limited circumstances in which specified criteria had been met. In the matter of Mr. Sell, because the trial court had failed to determine that all the appropriate criteria for court ordered forcible treatment had been met, the order to forcibly medicate the defendant was reversed.

Using the framework set forth in Riggins, the court emphasized that an individual has a constitutionally protected “interest in avoiding involuntary administration of antipsychotic drugs” and this interest is one that only an “essential” or “overriding” state interest might overcome. Sell established four factors that must be evaluated when determining if a defendant should be medicated against his or her will.

The Sell Factors

1. The first Sell factor is an exclusively legal consideration, which requires that important governmental interests be at stake to warrant even consideration of the distribution of involuntary medication.
2. The second Sell factor directs “the court must conclude that involuntary medication will significantly further concomitant state interests” and be “substantially likely” to restore competency and “substantially unlikely” to cause side effects that would prevent the defendant from assisting counsel.
3. The third Sell factor requires the court to find that involuntary medications are necessary to further the state’s interest.
4. The fourth factor requires that proposed treatment be in the defendant’s best medical interest.

Sell requires a hearing with consideration of those four factors that must outweigh the defendant’s interest in protecting the sanctity of his or most precious privacy interest; their own body. Despite the court’s agreeing with precedent that the evidentiary standard in all factors of Sell hearings is clear and convincing evidence, what is left unclear is the meaning of “substantially likely” or “substantially unlikely” contained in Factor 2. The Sell Court acknowledged that setting a number or percentage level of confidence to “substantial” risks invites experts to tailor their testimony to the desired result. Courts have uniformly held that involuntarily medicating a defendant to achieve competency for carrying out the execution of the defendant/inmate is in violation of the Eighth Amendment.

Insanity and Forced Medication

Assuming that the prosecution can involuntarily medicate a defendant so that he or she is competent to stand trial, can the defendant still mount an insanity defense? This is unsettled, because the U.S. Supreme Court has yet to answer this and many other questions, including the role of doctors and the various effects of treatment.

It seems that a defendant could still be heavily medicated, and plead insanity, as the insanity defense deals with the defendant’s state of mind at the time that the crime was allegedly committed, not the defendant’s state of mind during trial. Nevertheless, as contemplated by some of the justices in Riggins, it may be confusing for a jury to understand the two different time periods. After all, if someone was “insane” at the time that he or she allegedly committed the crime, but currently sitting before the jury calmly and quietly, would the jury be likely to find an insanity defense credible? Probably not.

One issue to consider is that many state’s civil commitment statutes allow the respondent to decline medication for twenty four hours prior to the adjudicative process. Arguing that an offender should be able to attend trial without medication slowing his or her thinking might be considered. Paralleling civil commitment hearings and criminal trials and the law in your state (or to other states that are favorable about not taking medications prior to the hearing) might allow your client to be medication free during trial.

Practice Tips for a Forced Medication (aka Sell) Hearing and Questions to Explore

When you are representing a client at a Sell hearing, you must read the decision and become familiar with the factors. After that, be creative. Use the internet to research the medications which the facility wants to use. See what the side effects are, if any. The Physician’s Desk Reference is an authoritative resource that can be utilized. Ask your client and his or her family if the client has taken that medication before and what was the result. Past medical records may provide further insight in to the effectiveness (or lack thereof) of the requested medication. Talk to the doctor at the facility and find out why the staff wants to medicate the client and why with that drug in that dosage. If, for example, the staff claims that the client is uncommunicative, review phone recordings and/or transcripts to see if in fact the client is truly uncommunicative, or just uncommunicative to the jail staff.

Ask about the procedure that will be used to administer the medication if the defendant is unwilling to take it. Forced medication orders are generally limited to antipsychotics, so make sure to review the applicable law in your state. Have a psychiatrist review the report and recommendation, which the prosecution supports, to ensure that the diagnosis and proposed medication at that dosage are correct and that the treatment will be effective in restoring competency. Make sure you receive all the information to which you are entitled, that is the exact dosage of the proposed medication as well as the proposed duration. The Ninth Circuit made clear in United States v. Hernandez Velasquez that the court is not to grant unfettered discretion to the prescribing and administering of medications, even in a Sell setting.

Accordingly, we hold that a Sell order must provide at least some limitations on the medications that may be administered and the maximum dosages and duration of treatment. At a minimum, to pass muster under Sell, the district court’s order must identify: (1) the specific medication or range of medications that the treating physicians are permitted to use in their treatment of the defendant, (2) the maximum dosages that may be administered, and (3) the duration of time that involuntary treatment of the defendant may continue before the treating physicians are required to report back to the court on the defendant’s mental condition and progress. We stress that while the court may not simply delegate unrestricted authority to physicians, the restrictions it does impose should be broad enough to give physicians a reasonable degree of flexibility in responding to changes in the defendant’s condition. Moreover, the Government or the defendant may move to alter the court’s order as the circumstances change and more becomes known about the defendant’s response to the medication.

Find out where the medication will be administered, and if the client is returned or transferred to another facility, determine if that medication will be available at that facility. What truly is the prosecution’s interest in medicating the client? Arguably, the interest is greater if there is a violent component to the alleged conduct. If your client were admitted to an Emergency Room, would consent be required to medicate him or her? Keep in mind the effects that the medications can have. In the underlying opinion to Supreme Court decision in Harper v. State, the Washington Supreme Court recognized the severe, and often fatal, side effects of antipsychotic drugs. In the underlying opinion, the court noted:

Antipsychotic drug therapy is a highly intrusive form of medical treatment. See Guardianship of Roe, 383 Mass. 415, 436 37, 421 N.E.2d 40 (1981). Antipsychotic drugs are by intention mind altering; they are meant to act upon the thought processes. The benefits of antipsychotic drug treatment to acutely ill patients are well documented. See The Pharmacological Basis of Therapeutics 152, 172-74 (A. Gilman, L. Goodman, A. Gilman 6th ed. 1980) (Goodman & Gilman’s). Also documented, however, are the adverse side effects of antipsychotic drug treatment. Less serious, reversible side effects include dystonia, a severe involuntary spasm of the upper body, throat, tongue or eyes; akathisia, the inability to remain still, restlessness and agitation; and pseudo Parkinsonism, manifested by a mask like face, drooling, muscle rigidity, stiffness, tremors and a shuffling gait. Although common, these effects can be controlled by administration of other drugs, adjustment of the dosage, or termination of the therapy. Severe and potentially permanent is tardive dyskinesia, an irreversible neurological disorder characterized by involuntary, uncontrollable movements of the tongue, mouth or jaw. Fingers, arms and legs may also be affected. Tardive dyskinesia can be masked by the drug causing the condition, and can manifest itself years after treatment has occurred. Therefore, we recognize a fundamental liberty interest in refusing antipsychotic drug treatment

Supreme Court Justice Stevens dissent in Harper, stated:

When the purpose or effect of forced drugging is to alter the will and the mind of the subject, it constitutes a deprivation of liberty in the most literal and fundamental sense.

“The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone the most comprehensive of rights and the right most valued by civilized men.” Olmstead v. United States, 277 U.S. 438, 478, 48 S.Ct. 564 (1928) (Brandeis, J., dissenting).

The liberty of citizens to resist the administration of mind altering drugs arises from our Nation’s most basic values. There are other issues to explore. As mentioned above, a comparison to states that allow a respondent in a civil mental health commitment to forego medication prior to hearings might be useful in allowing your client to attend trial without medication side effects. An additional issue involves the role of doctors: are courts stepping into their shoes by determining whether the medicine selected by the government is the least intrusive and most effective means to achieving the government’s interest?

Questions arise that cannot be easily answered in these hearings. One question is that even if the court defers to doctors, again, can doctors make a call given the Hippocratic Oath? Another area of inquiry is does the Sell decision put undue pressure on doctors to determine whether a person’s incompetence can be resolved with medication? What about people with intellectual/developmental disabilities who cannot be cured by medication? These issues could overlap with mental illness, making it difficult for doctors to create an explanation that will satisfy the court, let alone a jury.

Medicine has different effects on different people. Who is to say that a medicine affecting one defendant will affect another in the same way? Is it a good idea to create binding case law that essentially states one medicine meets the Sell requirements and another medicine does not?

Additionally, people may be mentally ill due to external factors, like sexual abuse or problems from their childhood, a chemical imbalance, or drug addiction. Mental illness is certainly not one size fits all, and treating it as such furthers social stigma that such problems can be easily resolved.

Conclusion:

Given all this, is it really possible for the courts to enforce the bright line test created by the Supreme Court in the Sell decision? What about the ethical quandary of the stated wishes of a client who seems incompetent and cannot have a rational conversation with his or her lawyer?

Involuntary medication hearings are ripe for creative thinking and for challenging the presumption that there is one right answer. Who is best suited to make this determination? Judges? Doctors? Prosecutors? Defense lawyers? Above all else, what about the client’s wishes?

Case law regarding forced medication is very confusing, and much remains unanswered. Indeed, as medicine continues to advance, the forced medication of defendants will likely become a more complex issue.

About Attorney Daniell Lippmann

Daniel Lippman has been practicing law for years, handling criminal and personal injury cases. He has tried virtually every type of serious criminal and personal injury matter in both state and federal courts. He is certified as a Criminal Law Specialist by the Nevada State Bar and the National Board of Trial Advocacy. He is also a life member of the National Association of Criminal Defense Lawyers. He is AV rated by Martindale Hubbell.

For more information on Mental Health Issues & Medicine, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 745-4700 today.