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Technically, the victim does not have to be injured to file a domestic violence charge in Nevada due to the fact that a battery is considered any uncontested touching. Consider a situation where one spouse pushes the other, but nothing else happens. While still considered domestic violence, this type of allegation would likely be resolved with a lesser charge or even dismissed due to the minor nature of the situation. These less severe cases are handled much differently than the battered domestic violence cases that often carry serious damages with them.

It is important to keep in mind that when dealing with domestic violence cases, the relationship between the individuals is key. If a person is assaulted but they are not considered within a domestic relationship, it would be charged plainly as assault. However, if that assault took place between individuals such as former spouses, relatives, housemates, or significant others, it would certainly be categorized as domestic violence by the state of Nevada.

Analyzing Restraining Orders And Orders Of Protection In Nevada

In Nevada, Temporary Restraining Orders (TRO) and Temporary Protective Orders (TPO) are essentially the same things. When someone files for a protective order, they will file it with the court, and explain that it is necessary for their ongoing safety. They will enter the addresses in which they want the protective order to encompass, and the other person must stay away from those places, even if they live there.

Normally, the first protective order lasts for 30 days, and there will be a court hearing in which the individual will state whether or not they wish to extend the period for another 11 months. In most cases, if there were no further domestic violence situations within the first 30 days, there may not be legal ground to extend the protective order. However, judges can choose to extend this period of time depending on the situation at hand. Violation of a protective order may lead to separate charges from the court depending on the case.

Talking To Law Enforcement About Domestic Violence As A Defendant

Speaking to law enforcement as a defendant is always a dangerous choice to make. Anything you say will be used against your case, which is why it is important to do any communication regarding your case through a trustworthy attorney. Proficient legal representation is necessary to protect your rights and ensure that you do not falsely incriminate yourself with seemingly harmless information.

While it may not seem like you are admitting anything, even saying something like “I pushed them, but the rest of the story didn’t happen” may seem inconsequential, but law enforcement sees that as acknowledging at least part of the story is true. This will add evidence to your case that could contribute to a conviction down the road.

For more information on Domestic Violence Charges In Nevada, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 385-9777 today.

The Long-Term Effects Of A Domestic Violence Conviction

Under the Federal Lautenberg Amendments, an individual convicted of misdemeanor domestic violence cannot possess or purchase a firearm. Domestic violence convictions stay on a person’s record for seven years after the case is closed. After the seven years have passed, that person can seal the record assuming that there are no additional domestic violence charges on their record. Sealing the record is a civil procedure in which the defendant must petition to do so upon the reviewing of the District Attorney. Most of the time the DA will seal the record, but if the crime was more serious, they may leave it up to the judge to decide. If the judge does not want to seal the record, there is no reason to appeal this decision unless the judge abuses their discretion in some way.

The Importance Of Hiring An Experienced Attorney If You Are Facing Domestic Violence Charges

If you are being accused of domestic violence, it is crucial to hire an experienced attorney right away. In some cases, your lawyer will have the ability to speak with the DA ahead of time, allowing the charges to be dropped or the case to be dismissed. This is vital to the timeline of your situation, as avoiding the trial process altogether eliminates most of the difficulties that come with domestic violence cases. Additionally, if you are a parent, domestic violence allegations can be used against you in order to relinquish your custodial rights, giving the other party control over your child’s custody. All of these factors play heavily into the ramifications of a domestic violence charge, and a skilled attorney will have the ability to offer you legal protection and build your case in order to obtain the best possible outcome for your situation.

If you are facing a possible domestic violence charge, do not hesitate to contact our office by calling (702) 385-9777 for an initial consultation today.

Considered the largest multi-defendant indictment in Nevada attorney general history.

Twenty-four people were indicted last week facing charges for massive scheme to stage car accidents then filing fraud insurance claims.

In order to avoid being victim of such fraud, Nevadans should be aware of the known types of staged automobile accidents:

Swoop and Squat – A driver causes an intentional and unavoidable rear-end collision by abruptly entering the lane in front of the victim, cutting the victim off, pulling in front of the victim, and forcing the victim to break suddenly. Oftentimes, this staged accident would include two separate automobiles where one driver would pull in front of a co-conspirator’s automobile and brake suddenly for no legitimate reason, giving his co-conspirator cause to also brake suddenly.

Drive Down – While an unsuspecting victim attempts to merge onto a freeway, a driver in the adjacent lane directs the victim forward with a hand motion, then deliberately crashes into their automobile and blames the victim for the collision.

Sideswipe – The victim is in a dual-turn left lane and unintentionally veers the vehicle into the adjacent lane for a few seconds. The driver in the adjacent lane then sideswipes the victim, and subsequently accuses the victim of driving recklessly.

Panic Stop – A driver, typically driving an older vehicle filled with passengers, will position his/her car in front of the victims while a backseat passenger waits until the innocent motorist gets distracted, such as by a cell phone call. At that point, the driver will slam on the brakes, causing the motorist to rear end the criminal’s vehicle.

If you believe you may be a victim of a staged collision, report your suspicion to the National Insurance Crime Bureau.

Find the original article here, written by Tony Garcia of News3lv.

Time’s Up!

That was the theme of the Golden Globe awards. The times up for keeping dirty secrets in the closet. The time is to shed light on all of the racial and gender quality that takes place in Hollywood and everywhere else. We all should rise up against “dirty little secrets” The literati and glitterati of Holly wood all want everyone to “Rise up” and the row of the yoke of oppression. Maybe I’m overstating the case but the theme is “Stand up and Fight”. Tell your story because people will eventually listen.

Personally, I’m tired of the incessant parade of accusers of misfeasance, malfeasance and criminal behavior from Decades past. I’m not condoning it. I think it is wrong. But when is enough, enough? Maybe I’m insensitive or more likely desensitized. I applaud all of those who have had the courage to speak up, but is there a limit?

WWOD? What Would Oprah Do?

I loved the Golden Globes. Oprah was magnificent. Many of the Globe winners were women. That is great but can’t we go back to gender blindness and judge things on their merits? The actress and actor that Won Golden Globes were Francis McDormand for Three Billboards Outside of Ebbing Missouri and Gary Oldman for his stunning portrayal of Winston Churchill in the Darkest Hour. I am a long time Churchill fan. I think he did more than any other man to rally the Allies to defeat the Germans in World War II.

I use one of his famous speeches to inspire people not to give up.

WWWD? What Would Winston DO?

On June 4th 1940 when WWII was looking bleak for the U.K Churchill was concerned that much of Europe had fallen or could fall “into the grip of The Gestapo and all the odious apparatus of the Nazi Rule. He spoke to the House of Commons and said “ …We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender”. I think, I’m still fighting the good fight, but sometimes I wonder.”

Will The Feds Just Stop? Federal judge, Gloria Navarro , ruled Monday 12/8 2017 that the federal government may not retry Cliven Bundy and his sons after rebuking prosecutors for withholding evidence during their felony trial stemming from an armed standoff four years ago. She said the federal prosecutors’ conduct was “outrageous” and “violated due process rights” of the defendants.

U.S. District Court Judge Gloria Navarro declared a mistrial in the case last month, saying federal prosecutors willfully withheld evidence that lawyers for the Bundys and alleged co-conspirator Ryan Payne should have had access to while mounting their defense.

She said the attorneys were in violation of the Brady rule, which requires prosecutors to disclose evidence that could be favorable to a defendant, and told them it wasn’t possible to proceed with the case.

WWJND? What would Judge Navarro DO?

She found that the prosecution had committed “flagrant misconduct” by withholding evidence that could have supported the defendants’ case. Namely, Navarro explained that federal prosecutors had failed to disclose information from cameras recording video from the standoff and the presence of federal snipers around the Bundy Ranch.

On Monday, January 8th ,2018 she dismissed the case “with prejudice,” meaning the government cannot retry the defendants. “The court finds that the universal sense of justice has been violated,” Navarro said.

What Does This Mean?

Monday’s ruling proved the coup de grace, capping the series of legal stumbles and inspiring concerns from officials in the region. Specifically, many current and retired federal land managers worry the failure to prosecute Bundy could jeopardize the safety of federal field workers in the West.

For the Bundys, however, the moment marked a significant victory. They left the courthouse after the ruling bearing smiles and vows to continue fighting what they see as federal overreach.

“I want to say this: We have rights,” Ammon Bundy told reporters, with a Bible tucked in one armpit. “We’re not going to walk away from them and just let them be taken.”

Judge Navarro further explained that, the prosecution’s reliance on the FBI and failure to look beyond the documents the FBI provided represented an “intentional abdication of its responsibility.” Essentially, she said the prosecution decided not to follow up because the evidence would have worked in the Bundys’ favor.

Navarro on Dec. 20 cited six pieces of evidence the Nevada U.S. Attorney’s Office failed to disclose that was favorable to the defense and could have changed the outcome of the trial.

The evidence included:

• Records about surveillance at the Bundy ranch;
• Maps about government surveillance;
• Records about the presence of government snipers;
• FBI logs about activity at the ranch in the days leading up to standoff;
• Law-enforcement assessments dating to 2012 that found the Bundys posed no threat;
• Internal affairs reports about misconduct by Bureau of Land Management agents.

“Failure to turn over such evidence violates due process,” Navarro said last month. “A fair trial at this point is impossible.”

WWWS? What Would Winston Say?

Never Give up! The Defendants kept filing motions although they were ruled against at every turn. If you don’t succeed at first try, try again. The NCAA national championship Football game was played on Monday 1/8/2018 Alabama played from behind all game. They missed a short chip shot field goal at the end of regulation. Their quarterback was sacked on his first play in overtime for a 16-yard loss. What did he do? He calmly threw a touchdown pass to in the game! Never Give up.

I’ll leave you with another favorite Churchill quote! “Never give in, never give in, never, never, never, never—in nothing, great or small, large or petty—never give in except to convictions of honor and good sense.”

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 Mace Yampolsky provides background on the litigation surrounding forced medication as well as provides practical tips for preparing for a hearing on forced medication.

The History Of Las Vegas Nevada

The History of Las Vegas Nevada started before the city was established. It was home to Native Americans for hundreds of years. In the 1820s a Spanish trader led his men through the area that was, at that time, called the Meadows. The area was later explored in 1844 by the US Topographical Corps before Nevada became a state.

Mormons gathered in the area in the 1850s to help the Native Americans grow more plant crops. Along with them was a group of settlers. They stayed in the area a few short years and created a safe station which was meant to help those going from Salt Lake City to Los Angeles. However, despite this they left the area in 1858.

It was not until 1965 that Octavius Gass set up a ranch known as the Las Vegas Ranch. This ranch would later pass hands and the last owner’s widow eventually sold it to a railroad company. The railroad was built in the very early 1900s for the San Pedro, Los Angeles & Salt Lake Railroad. This was the beginning of the real settling around the area. A new town sprouted up near the railroad.

That same year the history of Las Vegas Nevada takes a turn when the city of Las Vegas was created. It was only a parcel of 110 acres situated between Stewart Avenue, Garces Avenue, Main Street, and Fifth Street. Water was available making it a perfect spot for refueling and resting. The historic area of West Las Vegas was laid out by JT McWilliams on the west side of the railroad.

By the 1930s the Hoover Dam began construction. This brought thousands of people to the city for work. Casino gambling became legal. The city was awash in activity and leisure fun. It still had its struggles, as it was still a small place for a bonafide city.

According to lasvegasnevada.gov, it had the special privilege of being home to fast divorces. This made it another attractive spot along with it being a gambling town.

Things perked up more for the city when New York mobster Bugsy Siegel opened up the Flamingo Hotel in 1946. This is when the city really began to take on its identity as Sin City. By the 1960s, many casinos and hotels had sprouted up and were ready for renovations which was bolstered up by Howard Hughes. He put his millions into many hotels which began the trend of ownership by corporations.

In the present day, Las Vegas is one of the fastest growing cities in the United States. It has begun sprawling with communities sprouting up in nearby Henderson. It is one of the most desirable and affordable places to live. It is believed that nearly 8000 people move there every month �” many of them from more expensive states like California. Gaming and tourism are the biggest employers.

The strip is home to many exciting entertainment acts including Celine Dion, Cher, The Rolling Stones and many more. It has more hotel rooms than any city in the world.

To learn more about the history of Las Vegas Nevada click here.  Or check out the best restaurants Las Vegas, Nevada has to offer here.

Domestic violence is a severe concern that affects many individuals and families across the nation, and each state has its own legal parameters to address and combat this issue. In Nevada, understanding how the state defines domestic violence is crucial for both potential victims and those facing accusations. In this blog post, we’ll delve into “How Does the State Of Nevada Define Domestic Violence”, shedding light on the various elements that constitute such offenses.

Nevada Law defines domestic violence as a pattern of abusive behavior that occurs within an intimate relationship, including but not limited to marriage, dating, family, or household relationships. This pattern of behavior encompasses physical violence, emotional abuse, assault, harassment, intimidation, and any coercive actions that may instill fear in the victim.

Types of Domestic Violence

Domestic violence is a complex and multifaceted issue that can manifest in various forms, each with its own set of characteristics and consequences. Understanding the different types of domestic violence is essential for recognizing and addressing the diverse experiences of victims and survivors. While these types may overlap or co-occur within a single abusive relationship, they each represent distinct patterns of behavior and dynamics. Some common types of domestic violence include:

1. Physical Violence

Physical violence refers to any intentional use of force or touching aimed at causing harm within an intimate relationship. This covers hitting, punching, kicking, slapping, choking, or any other form of physical assault. Victims may show visible marks or injuries, and the effects can range from disfigurement to severe pain or even death. This behavior is not limited to spouses or partners; it can occur between individuals in close relationships, including family members, cousins, or guardians. 

Domestic battery allegations can lead to severe consequences, including criminal convictions and loss of rights. It’s crucial to seek assistance from law enforcement or a trusted law firm in situations involving domestic violence accusations.

2. Emotional Abuse

Emotional abuse is a harmful pattern of behavior that seeks to undermine a person’s self-worth, emotional well-being, or independence. This can include verbal attacks, insults, humiliation, manipulation, gaslighting, or threats designed to create fear or exert control over the victim. Unlike physical violence, emotional abuse doesn’t leave visible scars, but its impact can be profound and enduring, affecting the victim’s mental health, self-esteem, and overall life quality. 

If you or someone you know is experiencing emotional abuse, it’s essential to seek assistance from resources like law firms, family members, or support organizations, as emotional abuse is a serious matter that requires attention and understanding.

3. Assault

Assault encompasses deliberate actions that induce fear of imminent bodily harm or physical violence in another individual. This extends to gestures, behaviors, or conduct that reasonably instill a sense of danger in the victim’s perception. 

Although physical contact may not occur in every instance of assault, the psychological impact of the fear and intimidation it evokes remains profoundly damaging, categorizing it as a form of domestic violence. Understanding that domestic violence transcends mere physicality, recognizing the significance of emotional and psychological trauma is paramount. 

Thus, addressing assault within the context of domestic violence requires not only acknowledgment of its diverse manifestations but also comprehensive support and intervention to ensure the safety and well-being of victims.

4. Harassment and Intimidation

Harassment and intimidation in the context of domestic violence encompass a range of persistent and unwelcome behaviors intended to control, coerce, or instill fear in the victim. This can manifest through various means, including stalking, constant surveillance, unwanted communication via phone calls, text messages, or emails, as well as uninvited appearances at the victim’s home or workplace. 

Such actions are strategically employed to exert power and dominance over the victim, fostering an environment of fear and insecurity within the relationship. The cumulative effect of these behaviors can have profound psychological and emotional repercussions on the victim, perpetuating a cycle of abuse and manipulation.

5. Coercive Acts

Coercive acts or intolerable acts encompass a range of behaviors aimed at manipulating or forcing the victim to comply with the perpetrator’s demands. This can include threats of harm or retaliation, financial control, isolation from friends and family, or using children as leverage. Coercive control tactics are often subtle and insidious, making it difficult for the victim to recognize and escape the abusive situation. However, they are nonetheless a form of domestic violence, as they serve to maintain power and control over the victim.

Understanding these acts constituting domestic violence is essential for identifying and addressing abusive behavior within intimate relationships. By recognizing the signs of domestic violence and seeking help and support, victims can take steps to protect themselves and break free from the cycle of abuse. Additionally, holding perpetrators accountable for their actions through legal means is crucial for ensuring justice and preventing further harm to victims.

Protection Measures

In Nevada, combating domestic violence is a top priority, evidenced by the implementation of robust legal measures aimed at protecting victims. Central to this protective framework are restraining orders, also known as protective orders, which play a crucial role in safeguarding individuals from further harm. 

These legal directives effectively create a barrier by prohibiting contact between the accused and the victim, prioritizing the safety and well-being of the victim above all else. The state’s imposition of severe legal consequences for offenders disregarding these restrictions emphasizes the seriousness of violating such orders. 

This strict approach underscores Nevada’s unwavering commitment to promptly intervene and mitigate the potential risks faced by victims of domestic violence, highlighting the critical importance of adhering to protective orders for the safety and security of all parties involved.

Role of Law Enforcement

Law enforcement agencies play a crucial role in handling domestic violence cases. They are trained to assess the situation, gather evidence, and provide immediate protection to victims. Nevada Law mandates the arrest of the primary physical aggressor in domestic violence incidents, emphasizing the state’s commitment to intervening and preventing further harm.

Legal Consequences

Domestic violence charges in Nevada carry significant legal consequences that can profoundly impact individuals involved, whether as victims or accused parties. Depending on the severity of the offense, those convicted may face a range of penalties, including hefty fines, probationary periods, mandatory counseling or rehabilitation programs, and even imprisonment. 

Understanding the full scope of these potential repercussions is crucial for all parties involved. Victims must know their rights and the legal avenues to seek protection and justice. At the same time, accused individuals must comprehend the gravity of the charges against them and the potential consequences of a conviction. 

By having a comprehensive understanding of the legal landscape surrounding domestic violence charges in Nevada, individuals can make informed decisions and take appropriate actions to safeguard their rights and well-being.

How Does Police Determine Who The Aggressor Is In A Domestic Violence Situation? Is Someone Always Arrested? What Are The Penalties For A Domestic Violence Conviction?

In most cases, there will be more than one police officer called to the scene of a domestic violence situation; the people involved will be separated and interviewed by the officers. In some cases, one of the participants will refuse to be interviewed, which can end up being helpful for a criminal lawyer. However, as a practical matter, refusing to be interviewed would likely result in an arrest. The police will also look for marks or injuries on the parties involved in order to determine the identity of the aggressor. They will take photographs of any injuries and include them in the police report.

For the first offense of battery domestic violence, the potential penalties are a mandatory minimum of two days in jail to six months in jail, and a fine of anywhere from $200 to $1,000 (not including court fees). In addition, weekly, in-person counseling sessions of not less than one and a half hour per week shall be required. Ther may be may an additional requirement the defendant to attend alcohol and/or drug treatment.

If someone is charged with domestic violence, they could be charged with misdemeanor battery domestic violence, which is a progressive crime. This means that if the individual commits a subsequent violation within seven years, the penalties will increase to anywhere from 10 days to six months in jail, between 100 and 200 hours of community service, a fine of $500 to $1000 plus fees, and weekly counseling sessions for one year. Once again, the court can order alcohol or drug counseling. A third offense within seven years is a category C felony, which is punishable by a sentence of imprisonment in Nevada State Prison for at least one year and not more than five years, a potential fine of $1000 to $10,000, and it is not probationable.

A serious type of domestic violence is domestic violence with strangulation, which is a felony and carries severe penalties. If severe injuries were sustained by the victim, then the aggressor could face a felony charge of domestic violence. If a child under the age of 18 was the victim, then the court may refer the child to child protective services or the division of family services.

Unless the circumstances are really egregious, bail will usually be granted. The minimum is $2000 and will likely increase for subsequent offenses. If someone committed domestic violence against one of their children, then they may be restricted from seeing any of their children by a no-contact order. If a no-contact order were to be violated, the perpetrator could be held in contempt and put in custody for up to six months. If the parties involved in a domestic violence case are married, the court will sometimes lift the no-contact order between them. Once charges related to domestic violence have been filed, a temporary restraining order (TRO) will automatically be put in place. In most cases, TROs last for the pendency of the case, but they could last for an entire year depending on the circumstances of the case.

Does An Alleged Victim Actually Need To Be Injured For Domestic Violence Charges To Be Brought?

A screaming match wouldn’t be sufficient to bring domestic violence charges, but if someone is hit and there are no marks to prove it, domestic violence could still be charged. This means that an injury is not necessary in order for domestic violence charges to be brought.

If the alleged victim changes their story and says that they do not want to press charges, the case will not necessarily go away. This is because the state of Nevada becomes the complaining party, and if the state of Nevada does not want to drop the battery charges, then it’s not going to happen. In some cases, the victim could speak with the prosecutor and explain that they overreacted out of emotion and that the defendant really didn’t do anything. Under such circumstances, the DA could choose to dismiss the charges.

On occasion, we will do a stayed adjudication, which is when the client pleads guilty with the promise that if they successfully meet all of the requirements, their case will be reduced to a lesser charge or dismissed altogether. In most cases, the charge would be reduced to the straight battery or disorderly conduct, neither of which carries as many requirements.

In some cases, the alleged perpetrator is not at the scene by the time the police arrive. If the police don’t make contact with the alleged perpetrator within 24 hours, they will send them a summons that states that they need to be in court on a certain date. Either the defendant or their defense attorney can go to court, plead not guilty, obtain the police reports, and have the case set for trial. Most of these cases resolve before trial, but some of them don’t. If a case goes to trial, self-defense is one strategy that’s often used. For example, if someone is being hit by another person, they can hit them back to protect themselves. Defense of a third party is also a defense.

Conclusion

Navigating the legal landscape of domestic violence in Nevada requires a nuanced understanding of the state’s definition and associated legal framework. The goal is not only to hold perpetrators accountable but also to ensure the safety and well-being of victims.

If you or someone you know is dealing with domestic violence issues in Nevada, seeking legal counsel promptly is crucial for a swift and effective resolution. Call us today to learn more about “How Does the State Of Nevada Define Domestic Violence”.

FAQs

Here are some frequently asked questions about State Of Nevada Define Domestic Violence:

Q. How does Nevada protect victims of domestic violence?

Nevada protects victims of domestic violence through various legal measures designed to ensure their safety and well-being. One significant way is through the issuance of protective orders, which restrict the accused perpetrator from contacting or being near the victim, their residence, or workplace. Law enforcement agencies are also mandated to intervene swiftly in domestic violence incidents, arresting the primary aggressor and providing immediate protection to the victim. Additionally, Nevada’s legal system imposes severe penalties on offenders, including fines, probation, counseling, and imprisonment, depending on the severity of the offense. These measures collectively aim to provide comprehensive protection to victims of domestic violence and hold perpetrators accountable for their actions.

Q. Are there any specific laws or statutes related to domestic violence in Nevada?

Yes, Nevada has specific laws and statutes dedicated to addressing domestic violence. These laws encompass various aspects of domestic violence, including definitions of what constitutes domestic violence, procedures for obtaining protective orders, penalties for offenders, and provisions for victim assistance and support services. One notable statute is NRS 33.018, which defines domestic violence and lays out the legal framework for protective orders. Additionally, other statutes within the Nevada Revised Statutes (NRS) address related issues such as assault, battery, harassment, stalking, and child abuse within the context of domestic relationships. These laws protect victims, hold offenders accountable, and promote safety and well-being within families and households.

Q. What are the legal rights of individuals involved in domestic violence cases in Nevada?

In Nevada, individuals involved in domestic violence cases have legal rights designed to protect their safety and well-being. Victims can seek protection through restraining orders and other legal measures, protecting them from further harm or harassment. Accused individuals also have rights, including the right to legal representation, the presumption of innocence until proven guilty, and the right to a fair trial. Understanding these rights is crucial for navigating the legal process effectively and ensuring justice is served for all parties involved.

Q. What is the abuse law in Nevada?

The abuse law in Nevada encompasses various statutes and regulations aimed at protecting individuals from different forms of abuse, including domestic violence, elder abuse, child abuse, and sexual assault. These laws outline specific behaviors and actions that constitute abuse, such as physical violence, emotional manipulation, neglect, or exploitation. Additionally, Nevada’s abuse laws provide mechanisms for reporting abuse, obtaining protective orders, and prosecuting offenders. The state takes a strong stance against abuse, with severe legal consequences for perpetrators. Residents need to understand their rights and the available resources for assistance or recourse in cases of abuse.

Q. How does the State of Nevada define domestic violence from other offenses?

The State of Nevada define domestic violence from other offenses by its focus on the relationship between the perpetrator and the victim. In Nevada, domestic violence encompasses abusive behavior occurring within intimate relationships, such as marriages, dating relationships, familial connections, or shared households. This distinction acknowledges the unique power dynamics and vulnerabilities in these relationships, emphasizing the need for specialized legal measures and protections to address such violence effectively.

Contact our Domestic Defense Violence Lawyers today!

Our attorneys at the Law Offices of Mace J. Yampolsky, Las Vegas, Nevada, specialize in domestic violence defense. We clarify the topic “How Does The State Of Nevada Define Domestic Violence,” encompassing physical and emotional abuse, sexual assault, harassment, intimidation, and coercive acts within relationships. Our attorneys adeptly handle cases involving weapons, protecting both victims and those wrongly accused. 

With a focus on evidence and understanding the context of relationships, we vigorously defend our clients against prosecutors’ claims. Whether you need consultation or representation, contact us today to navigate your legal challenges with assurance.

If someone has been charged with domestic violence, they should absolutely talk to an experienced criminal defense lawyer who has handled a lot of domestic violence cases. I’ve handled over 500 domestic violence cases during the course of my career, and I’ve been practicing since 1981.

For more information on Domestic Violence Cases In Nevada and “How Does the State Of Nevada Define Domestic Violence”, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 385-9777 today.

The Clark County District Attorney’s office can initiate a criminal case in one of two (“2”) ways: (1) by filing a criminal complaint (which is the method in the vast majority of cases) or (2) by doing a presentment before a Grand Jury and obtaining an indictment, or “true bill,”  from the grand jurors. Once the case has been filed, the D.A. can notify the charged Defendant in one of two ways.

The first way that the prosecutor may notify a defendant of a charge against him or her is by issuing the party a summons and thereby informing the Defendant when he or she needs to make their first court appearance (commonly called an “arraignment”). Alternatively, the prosecution can ask a judge to swear out an arrest warrant after submitting an affidavit in support of the same. In this second charging scenario, the client is not asked to appear, nor are they given the option to voluntarily show up in court. Instead, the police will arrest the Defendant and he will be jailed into the time set for the initial appearance, at which time he will be brought into court in shackles.

At Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas, we know we need to act fast once we learn that there is an arrest warrant for one of pour clients. First, we immediately prepare a Motion to Quash and an Order Shortening Time (quash means to have the court rescind the warrant so our client does not get arrested), trying to avoid our client enduring the indignity of being arrested, cuffed, and placed into the back of a police cruiser. The procedure requires that we prepare a motion to quash the warrant and seek a reasonable bail setting (i.e., an amount of client and his or her family can afford) or an Own Recognizance Release (hereinafter an “O.R.” whereupon a Defendant awaiting trial is released from custody by virtue of their status in the community and the high unlikelihood of their foregoing failure to appear or additional criminal conduct. Defendant’s own recognizance i. e. they should not be required to post bail.) and file it with the court.

Our firm recently had two cases, in which we represented out of town Defendants and the District Attorney’s office swore out an arrest warrant in each case despite our having made contact prior to the filing of the action.  They were both child sex cases, and while this is not uncommon in serious cases, professional courtesy should still mean something, right? I argued vigorously that the arrest warrant was uncalled for and punitive, pointing out that my firm was retained for all stages for the proceedings, that in either case my client had a nonexistent prior criminal record, had dutifully appeared at the time set for the Motion to Quash, and so forth.

Bail determinations are governed by relevant statutes and existing Caselaw. In Nevada, there are several factors courts must review in making a custodial decision pending trial, including but not limited to an individual’s ties to the community, financial stability or instability, prior criminal record, likeliness to become a flight risk, dangerousness if not detained, employment status, residential status, and dependents they support.

In the one of the two aforementioned cases, my client was over 40 years old ex-military, had a clean prior criminal record, had recently received his college degree and was working for Kaiser Permanente, a large, California-based HMO. His lack of prior criminality, support from his other children who were aware of these child sex charges and thought they were baseless, and his long ties to Southern Nevada previously were all relevant considerations for the judge in determining whether (or not) to order my client detained.

The District Attorney said that since he now lived in San Diego, he was so close to the Mexican Border he was a risk to flee the country. Sensing this was a rather weak attack by the State, I offered to surrender my client’s passport to the Court, alleviating that so-called risk and taking the sting out of the prosecutor’s argument. The State struggled to meaningfully and effectively respond.

The District Attorney made a rather puzzling argument, essentially stating that while you needed a passport to enter the United States of America, you need not possess and present the same in order to leave. The prosecutor proceeded to ask for ONE MILLION DOLLARS BAIL. I was taken aback and argued vociferously that such an exorbitant bail was not necessary and pointed out that my client traveled back from San Diego precisely to answer and refute the pending charges, and had hired me for all stages of the proceedings. The judge directed the client to surrender his passport to me and released him without bail. The District Attorney was pissed. Oh well, not my job to make them happy, it’s my job to zealously represent my clients, which I did. Justice was done.

If you have an active warrant, you need to call us immediately!  We have the knowledge and expertise on How to Quash an Arrest Warrant in the Las Vegas courts, without you going to jail!  Call us today at (702) 385-9777, send us a message on our contact form here, or simply stop by our office to schedule a free consultation to quash your Las Vegas arrest warrant.

Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas

625 S 6th St, Las Vegas, NV 89101

You need an attorney to represent you in almost every white collar case, even more than you do in a street crime situation. Even if you are intending to plead guilty, the terms and circumstances of that plea and which additional restrictions are required to your behavior are all negotiating points. Having an attorney ensures that your rights are respected in the gathering of the evidence and the resolution of the case. Often, white collar criminal defendants tend to be in disbelief that they have done something wrong; they are sometimes the last person to be able to accept that fact. Without an attorney to protect them from themselves, they can be their own worst enemy.

When Should I Hire An Attorney In A White Collar Criminal Case?

As soon as you believe that there is an issue, immediately hire an attorney. Anything that you say will be used against you; it will not be used for your benefit. Even if you have not been contacted but you see something in your workplace that you have a pretty good idea is not okay, you may want to consult with an attorney. If you are in a position of responsibility, you might have professional obligations to report or stop ongoing criminal activity.

What Are The Collateral Consequences Associated With A White Collar Crime Conviction?

The collateral consequences in white collar crime are oftentimes more stark than the custodial time. If you are a hedge fund manager, for example, and you are convicted of financial impropriety, you cannot work anymore. We are talking about people who have been in the given industry for decades. This is why it is so important to hire an attorney immediately in these cases.

For more information on Pleading Guilty To White Collar Crimes, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 385-9777 today.

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.

Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas are experienced criminal defense attorneys in Las Vegas.  We offer free initial consultations to help you!  Give us a call at (702) 385-9777.

Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas 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 Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas. 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 Mace Yampolsky here.

Records related to a conviction for various crimes that were committed in Nevada can be sealed. The number of years that must pass before petitioning the court to seal a criminal record depends on the type of crime that was committed.

Record Seal Effective October 2017

Per NRS 179.245, the following convictions are not eligible for sealing until Statue of Limitation Requirements have been met FROM THE TIME YOUR CASE IS CLOSED INCLUDING PAROLE OR PROBATION (https://www.leg.state.nv.us/NRS)

• Crimes Against Children (NRS 179D.0357), Felony DUIs & Sexual Offenses
• Category A, Crime of Violence (NRS 200.408), Burglary (NRS 205.060)
• Category B, C or D Felony
• Category E Felony
• Enhance able Misdemeanors (Including Non-Felony DUI and Non-Felony battery domestic violence
• Gross Misdemeanor, Misdemeanor Battery, Harassment, Stalking, Violation of TPO (s years)
• All other misdemeanors and traffic violations (1 year)
• Acquitted/Dismissed charges or Honorable Discharge on charge under NRS 453.3363 (No Wait)
• Charges Prosecution declined to prosecute ( After Statute of Limitation has run or 8 years after arrest or if agreed by parties)

Possible reasons your record sealing petition could be denied:

1. Statutory length of time since your case was closed has not been satisfied.
2. You have an active case(s) or warrant(s) within Clark County and/or other jurisdictions.
3. For cases dismissed, declined of prosecution or acquitted: Dismissal – any time after the date the charges are dismissed; Declined for prosecution – any time after the applicable statute of limitations has run; anytime 10 years after the arrest; or pursuant to a stipulation between the parties; Acquittal – any time after the date of acquittal (NRS 179.255).
4. Drug and/or DUI cases recently denied by the District Attorney’s Office within one calendar year from date of arrest.
5. You have a Dishonorable Discharge on your criminal record, therefore you are not eligible to have your records sealed.
6. You have/had a conviction for a crime relating to sexual offense or a crime against a child (NRS 179D.0357).
7. Your prior criminal record of reoffending or the serious nature of offenses.
8. You have not listed ALL arrests and/or conviction on your Petition and Order.
9. You have included arrests and/or charges which were handled in a municipal/city court jurisdiction as they must be submitted to the appropriate city attorney’s office for approval or denial.

Once you are formerly convicted of criminal charges, you may lose certain benefits or privileges. With your Nevada criminal record sealed, you can enjoy the following restored rights and privileges:

• Voting rights
• The right to hold office
• The right to serve on a jury
• The right to deny a criminal record on job applications
• Notifying non-official agents or private companies to have your record removed from their site(s)

Our law firm can evaluate the details of your conviction and assist you with the process of record sealing.​ If you need information about the Differences In Misdemeanors And Felonies And How They Are Handled In State Court And Federal Court, contact us today and get the information and legal answers you’re seeking.

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 Law Offices of Mace J. Yampolsky now! We are aggressive and proactive in defense of our clients and we always say it is easier to keep our clients, out of jail then 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 Mace Yampolsky 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 Mace J. Yampolsky

Mace J. Yampolsky has been practicing law since 1981, 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.

Mr. Yampolsky won the landmark U.S. Supreme Court case of Riggins v Nevada. He tried the case, appealed the death sentence to the Nevada Supreme Court, and argued it before the Supreme Court. It is highly unusual for the trial lawyer to argue the case through all levels of appeal. The issue was forced medication, specifically whether a mentally ill person can be forced to take antipsychotic medication at trial in order for the person to remain competent throughout the proceedings. Mr. Riggins’s conviction and death sentence were reversed, and the case was remanded for a new trial. Mr. Yampolsky’s can be reached at mace@macelaw.com and his website is https://www.macelaw.com.

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) 385-9777 today.

LAS VEGAS – Prosecutors have been given two months to strengthen their case after jurors failed to reach a verdict in the case against some of the people charged in the Bunkerville standoff.

A mistrial was declared by a federal judge in Las Vegas, although one person was convicted on two charges, and another one was convicted of eight charges. However, the jury could not reach a decision on the remaining four men, all of whom were facing 10 charges.

It is unclear how the government failed to get convictions. Many considered the prosecutor’s case weak while others said it was too complicated. The trial was an emotional turmoil for many, which came to an unexpected end.

Criminal defense lawyer Mace Yampolsky said, “If the jurors cannot reach a unanimous verdict on every account, that’s considered a mistrial, essentially it’s a do-over.”

Yampolsky also stated that prosecutors will have to bring a more convincing case next time.

53-year-old Gregory Burleson was found guilty of threatening and assaulting a federal officer. He faced multiple charges and was sentenced to 57 years in prison.

“In the federal system, when you are sentenced to 57 years, you do 57 years, less good time of 54 days per year. There is no parole,” said Yampolsky.

Todd Engel, another defendant, was found guilty of obstruction and traveling across state lines in aid of extortion. He faced multiple charges for which he will have to spend up to 30 years in prison.

Those supporting the six defendants called the mistrial a victory. One of the supporters, Brand Thornton said, “Right at this point in time, I’m looking at it as a victory, you know, we’ll see, we’ll see what happens after it pans out.”

“The government will re-try them. The US attorneys could decide not to retry the Defendants but with all the publicity and the hoopla of course they’re going to retry these defendants, ” said Yampolsky.

The re-trial date has been set for 26th June by the judge.

For details on the case, watch this video at Defense Lawyer Says More Evidence Needed For Bunkerville Retrial.

Effective July 1, 2018, Nevada auto insurance minimums will increase from the current requirements of 15/30/10 ($15,000 per person/$30,000 per accident for bodily injury liability and $10,000 for property damage liability) to 25/50/20. That is because of Senate Bill 308 (SB308), approved by a 16-5 vote.

Nevada is one of the last states that requires such low insurance minimums. The new minimum requirements will bring Nevada in line with other states.

Auto insurance rates have been on the rise for the past several years in due part to the rising costs of medical care and vehicle repair. You may see increases on your insurance premiums to reflect the new minimums but the benefit of the new limits will serve to financially protect you in the case of a motor vehicle accident. For example, an emergency room visit exceeding $15,000 makes way for additional coverage under the new limit increase of $25,000.

There is a possibility that Nevada can see a spike in uninsured drivers due to the increase in premiums. Although Uninsured/Underinsured coverage is not required in Nevada, be sure to talk to an insurance carrier about considering this optional coverage.