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How This Las Vegas DUI Lawyer Helps People Get A Second Chance At Life?

Mace Yampolsky grew up on the wrong side of the tracks just north of Boston in Revere, Massachusetts. As a young child, Mace watched many of his neighbors run into trouble with the law. We’ve all made mistakes before: running a red light, failing to come to a complete stop at a stop sign, forgetting to pay parking tickets. Some of us have even had a couple of beers and foolishly driven home. Many of us are lucky enough to pay a fee or take a driver’s education course and move on. But for Mace’s neighbors, small mistakes led to even bigger legal problems.

“Many of the people I grew up with weren’t able to help themselves,” says Mace. “People accused of a crime often don’t know what to do and say things that end up hurting themselves. I wanted to help.”

Worse, Mace says he watched how insurance companies took advantage of people injured through no fault of their own. The insurance companies would push people to settle cases for far less than they were owed. Lacking legal guidance, people settled– even though they were still injured, in pain, and unable to live a full, active life. Mace decided to do something about it.

Mace’s passion for helping others drove him to study law. Today, he’s one of Las Vegas’ top defense attorneys and his firm Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas has successfully defended hundreds of clients. Over the years, Mace has earned a reputation as one of Las Vegas’ most outspoken, memorable and effective criminal defense attorneys.

Recently, I sat down with Mace to learn more about his journey to becoming an attorney. As a digital marketer, naturally I had to ask a few questions about how digital marketing is transforming the legal profession, giving individuals in legal trouble immediate access to legal assistance. From his flamboyant personality to his passionate commitment to help each and every client, Mace is nothing like what you’d expect from a defense attorney. Here are his fascinating insights:

What Drives Your Passion For Legal Profession?

I’ve represented lots of people for all kinds of legal issues. From my own experience, I noticed that many people were being charged with DUI, these people are not “REAL” criminals. They are just people that for the most part made a mistake and had a couple of drinks. It seemed to me like many people would “just plead Guilty” to get it over with unfortunately they didn’t realize that there were serious consequences that they just didn’t consider: loss of license, increase in insurance, adverse presumptions in custody cases and potential deportation. As I learned growing up, people accused of crime often don’t know what to do and end up hurting themselves and getting trapped in the system. I became a lawyer to help people navigate this system to a better life.

Between Smartphones And Google, People Have Immediate Access To Legal Knowledge. This Is A Totally Different Structure Than Existed Even A Decade Ago. How Have You Adapted To Digital Trends?

You’re absolutely right; it’s easy to Google your way to just about any legal answer these days! But like WebMD, there’s often a lack of experience or necessary background knowledge to really make sense of online legal advice. That’s one reason why our website started offering a 24/7 messaging service. We also have live operators that answer the phone 24/7 I am always available for emergencies. Sometimes when clients were about to be arrested, I’ve been able to convince the police to let me appear in court with the client instead of arresting my client.

Once I was called right after a client suffered a really serious accident. I was able to contact his family and make sure that he received proper treatment from the beginning and met them at the hospital. This really reduced their stress level. I’ve often met clients at the hospital. This makes them less nervous and allows me to make sure they are treated properly in the ER. We live in a 24/7 world, and whether it’s through my firm’s website or phone, I believe in always being available to help.

You’ve Received Some Fantastic Online Reviews On Multiple Platforms. How Important Are Do You Feel These Online Reviews Are When People Select A Lawyer? How Have These Positive Reviews Impacted Your Business?

I think these reviews are incredibly important. What I say about myself is one thing. What others say is infinitely more important. If potential clients see that I’ve handled cases like theirs, it makes them feel more comfortable. When potential clients see the terrific online reviews it greatly reduces their anxiety and stress level. It makes them more likely to hire us.

What’s The Biggest Piece Of Advice You Would Give A New Law Firm That’s Building Its First Website?

There’s an old joke that “half of my marketing is working, but I just don’t know which half.” In today’s highly competitive marketplace, there’s no room for guessing games.

Figure out exactly what kind of cases you want and what your ideal client looks like. Then write content for your website on a regular basis that attracts these ideal clients. Don’t forget to promote your content! Getting your content seen by the right people is more than half the battle. Make sure you can track where your leads come from.

Looking Back, What Is The One Thing You Wish You Knew Before You Got Started With Your Practice?

I wish I knew that I would be able to have a thriving practice and do only the types of cases I like: DUI, criminal and personal injury. Lawyers that specialize are able to help clients much more effectively. I handled divorce cases for about 15 years and I hated them! Now, I’m much happier with my current focus.

You Are Well Known For Being Such A “Character” Around Las Vegas; How Has This Positively Impacted Your Business?

I have an ebullient and flamboyant personality. I’m not like every other lawyer. I make people laugh. I play the piano and harmonica. I’ve performed with many bands around town. The same qualities that make me entertaining also make me a great trial lawyer. My juries never fall asleep and they never forget me!

Bottom Line:

From our interview, it was clear that Mace Yampolsky is a different kind of lawyer. He’s truly passionate about helping people navigate the legal system and protecting their rights. He’s also digitally savvy: he understands that digital marketing success is predicated on more than just a website that ranks in Google search results. From online reviews to 24/7 access, Mace is redefining what it means to be a modern criminal defense attorney. It doesn’t hurt that he’s an excellent piano and harmonica player, either!

For more information on Helping People Get A Second Chance, 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 most aggravating factor of a DUI charge is if there was an injury or death caused due to intoxicated driving. These cases are treated very seriously, as there are other human lives on the line. Another factor that has the potential to intensify a DUI charge is if the defendant’s blood alcohol content is in excess of 0.18%. Nevada state law provides elements for enhancing DUI charges when the BAC of the defendant is more than twice the amount of the legal limit because of the likelihood of accidents occurring at this level of intoxication. We delve into what factors contribute to a more serious DUI charge in Nevada

In addition to these elements, significant property damage caused by a drunk driver will increase a DUI charge significantly. What’s more, previous DUI convictions or charges have the capacity to represent the individual’s ongoing danger to the public.

If there are other illicit substances in addition to an excess of .08% BAC, this case may be treated more seriously, and even coupled with both DUI alcohol and DUI drugs. This would enable the prosecutor to seek a more severe consequence for the DUI charge due to the aggravating factors present. In this blog, you will discover what factors contribute to a more serious DUI charge in Nevada.

What Penalties Accompany A First, Second, Third, Etc. DUI In Nevada?

Penalties for a first offense DUI in Nevada are two days to six months in jail, completion of a DUI class, 185-day license suspension, and a Victim Impact Panel (an in-person meeting). The most common organization that performs these panels is called Mothers Against Drunk Driving, and the meetings generally last 60 to 90 minutes, consisting of speakers discussing the effect drunk driving has had on their lives. This is required of every individual who is charged with a DUI in Nevada, even if they are not ultimately convicted of it, or if the charges get reduced.

On top of these penalties, there is also a fine that must be paid, ranging from $400-$1,000, as well as court fees. In a first-time DUI case, the defendant may be ordered to perform community service in lieu of paying this fine.

Penalties are increased with subsequent DUI offenses. For a second offense DUI, the penalty will be up to six months in jail, with a minimum of ten days. In addition to this, there is a more involved DUI class and a Victim Impact Panel. The defendant will also be evaluated for alcohol or drug dependency, and a drug & alcohol counselor will recommend a plan of action regarding their alcohol abstinence that must be adhered to. This extends the penalty for a second time DUI from a six-month process to a full year so that the defendant can continue addressing their sobriety with their drug and alcohol counselor.

The court will order an additional suspended sentence in the event of non-compliance while the case is pending. In addition to DUI classes and jail time, the defendant will also be required to pay a fine of $750 to $1,000.

If an individual is charged with a DUI for a third time within a seven-year period, the state of Nevada treats this as a felony case. After a felony DUI conviction, each subsequent DUI will be charged as an additional felony. The state of Nevada offers what is called the Serious Offender Program. This allows someone that was charged with a third DUI the chance to avoid a felony provided they endure a DUI program that lasts from one-and-a-half to three years in a specialty court. Here, they are required to complete an abstinence-based approach to alcohol. This can range from Alcoholics Anonymous meetings, weekly appearances in court, and/or random urinalysis tests for alcohol.  Along with this, defendants will be placed under house arrest for six months (at least) of the program and equipped with a breathalyzer for one year.

If the defendant fails to comply with the Serious Offender Program stipulations, whey will face a felony conviction that carries a sentence of one to six years in prison. A third DUI offense carries serious penalties, and almost always means an intensive period of abstinence from alcohol for at least a year or at least one year in prison.

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

Frequently Asked Questions

Here are some DUI FAQs, especially about what factors contribute to a more serious DUI charge in Nevada:

Q. What blood alcohol concentration (BAC) levels result in a more serious DUI charge in Nevada?

In Nevada, the severity of a DUI charge is determined by blood alcohol concentration (BAC) levels. A BAC of 0.08% or higher is the legal limit for adults 21 and over. However, if a driver’s BAC is 0.18% or more, they may face more severe consequences, including enhanced penalties such as increased fines, mandatory alcohol education programs, and longer license suspensions. This higher BAC threshold reflects a greater level of impairment, leading to more severe legal consequences for individuals caught driving under the influence in Nevada.

Q. Does having prior DUI convictions affect the severity of a DUI charge in Nevada?

Yes, prior DUI convictions can impact the severity of a new DUI charge. The state has progressive penalties for multiple DUI offenses within seven years. Subsequent convictions lead to increased fines, longer license suspensions, and potential jail time. The severity of punishment generally escalates with each additional offense, emphasizing the importance of responsible and sober driving. Ignition interlock devices, probation, field tests, and other factors may come into play, making it crucial to seek advice from a DUI lawyer who understands the difference in circumstances, especially if there’s an accident involved or if there are children in the vehicle. A DUI lawyer can help protect your rights and provide a strong defense against misdemeanor charges, ensuring the best possible outcome given the circumstances.

Q. How does driving with a suspended license affect a DUI charge in Nevada?

Driving with a suspended license in Nevada while DUI can exacerbate legal repercussions. Apart from penalties like fines, extended license suspension, and potential jail time for the DUI, there are additional consequences for driving with a suspended license. This may lead to increased fines, prolonged license suspension, and more severe legal penalties. It is essential to address both charges separately, consulting a lawyer to navigate the complexities of the situation. 

Q. Does refusing a breathalyzer test impact the severity of a DUI charge in Nevada?

In Nevada, refusing a breathalyzer test can lead to increased penalties for a DUI (driving under the influence) charge. The state has implied consent laws, meaning drivers are presumed to consent to chemical tests when suspected of DUI. Refusal can result in a driver’s license suspension, fines, and other consequences. It’s generally advisable to comply with breathalyzer tests as non-compliance can escalate legal consequences.

Q. Is driving with minors in the vehicle considered an aggravating factor for a DUI charge in Nevada?

Yes, in Nevada, driving under the influence (DUI) with minors in the vehicle is considered an aggravating factor and can lead to enhanced penalties. The presence of minors can result in more severe consequences, including increased fines, longer license suspension, and potential additional charges related to child endangerment.

Q. What role does excessive speeding play in determining the seriousness of a DUI charge in Nevada?

Excessive speeding can significantly impact the seriousness of a DUI charge in Nevada. If a driver is caught exceeding the speed limit while driving under the influence, it can exacerbate the legal consequences. Nevada law considers excessive speeding as an aggravating factor, leading to more severe penalties such as increased fines, longer license suspension, and potentially harsher legal consequences. The combination of DUI and excessive speeding underscores the gravity of the offense, making it crucial for individuals to adhere to speed limits and avoid impaired driving to mitigate the severity of legal repercussions.

What Sets Law Offices of Mace J. Yampolsky Criminal Defense Apart From Other Law Firms That Represent DUI Cases?

The fundamental thing that sets Law Offices of Mace J. Yampolsky Criminal Defense apart is our experience and aggressive defense strategy. Attorney Mace Yampolsky has been defending DUI cases in the state of Nevada for more than 35 years, giving him extensive knowledge in this aspect of law that is virtually unmatched. As a graduate of the National DUI Defense College, Mr. Yampolsky has taught his own DUI defense strategies to other lawyers, utilizing his depth of skill on a daily basis with individuals that seek his counsel and expertise. 

Given the large volume of DUI cases that our firm represents, we are able to constantly refine our practice in a way that gives our clients the best legal protection possible. When it comes to DUI defense, we are among the top firms in the state of Nevada that offers this level of success and legal understanding.

For more information about what factors contribute to a more serious DUI charge in Nevada, our firm and our superior provides DUI defense services, please contact our office today for an initial consultation.

How To Challenge The Results Of A Field Sobriety Test (FST) After A DUI Arrest In Nevada

In the state of Nevada, it is illegal to operate a vehicle while under the influence of drugs or alcohol. The majority of arrests for Driving Under the Influence (DUI) occur after a field sobriety tests (or more commonly called ,roadside tests) When a police officer pulls a driver over and suspects that they are intoxicated, they will ask them to perform a series of actions on the side of the road. These actions are designed to test their physical and mental capabilities to see if they are impaired. To pass the test, all of the actions must be completed correctly. This post takes a closer look at Nevada’s field sobriety tests, including how you can challenge the results in court after a DUI arrest.

An Introduction To Nevada Field Sobriety Tests (or Roadside tests because they are performed on the side of the road)

The field sobriety tests that are used  in the state of Nevada are provided by the National Highway Traffic Safety Administration (NHTSA). These tests allow police officers to determine how intoxicated a driver is. But, just because you do not  perform these roadside tests well does not automatically mean that you are intoxicated. Sometimes people have medical conditions  that affect their performance of these roadside tests. The three types of tests are outlined below.

1. The Horizontal Gaze Nystagmus Test (HGN)

Officers conducting this test use a pen or their finger  to track the gaze of a driver who is suspected of being intoxicated. The driver’s eyes should be able to follow his pen or his finger from one side to the other.. If the driver’s pupils noticeably jerk during the test, it is a strong indication that they are intoxicated. This test can also be conducted with other objects besides pens and fingers,  if the officer so chooses.

2. The Walk-And-Turn Test (W&T)

During this test, the driver is asked to walk in a line, putting one foot directly in front of the other. They are required to take nine steps in one direction. They must turnaround  quickly using little steps  and go back the same way, taking another nine steps. During the test, the driver is required to leave their arms down at their side. They are also instructed  to count out each step as they walk. If the driver can’t walk in a straight line, has to stop, or stumbles because of balance issues, it could be a sign that they are under the influence of alcohol or drugs. However many people can not perform this test ,stone cold sober.

3. The One-Leg Stand Test (OLS)

The one-leg stand is arguably the most difficult portion of a typical Nevada field sobriety test. During this test, the driver is asked to stand on one leg, holding their other foot 6 inches above the ground. They are told to  stand in that position long enough for them to count to 30.Some-times the officer will say count one, one thousand, two, two thousand, etc If the driver loses their balance or is unable to keep their foot off the ground, it could be a sign that they are intoxicated. However many people also can not perform this test ,stone cold sober.

Anyone who is suspected of driving under the influence will usually be asked to perform these tests. As a driver, you have the right to refuse a field sobriety test. Many people think  that refusing to take the test could reflect negatively on you, making it harder to get a good outcome in your case. I disagree. I don’t think taking the FSTs helps you at all. Remember it is the officer’s subjective observations that are entered in his report. If he suspects that you are under the influence that will affect his evaluation of your performance.

Along with the field sobriety test, the police officer may use a breathalyzer to evaluate your blood alcohol content. Depending on the circumstances or the practices of the officer, they may also request chemical testing to establish more evidence that you are intoxicated. Do NOT take a portable breath test at the scene. They are inherently unreliable and in Nevada the actual reading is inadmissible. However if arrested you should take a breath or a blood test at the police station if you don’t you will lose your license for at least one year.

Can Certain Factors Influence The Outcome Of A Nevada( Roadside)  Field Sobriety Test?

Even though tests like these are standardized, their accuracy levels are far from perfect. Information published by the National Highway Traffic Safety Administration, for instance, shows that the accuracy of the walk-and-turn test is just 68%. Inaccuracies can occur for many reasons with this test. In some cases, people simply aren’t coordinated enough or lack the dexterity to perform the test correctly .Or they may be suffering from a medical condition such as vertigo or  tinnitus ( ringing in the ears) Or they may have an ear infection that affects their balance. In other cases, the officer may fail to administer the test the right way, so the results are not trustworthy.

Drivers with obesity issues or medical problems may also struggle to pass  standard field sobriety tests. The location of the test can also affect the outcome. For instance, if the roadway has a lot of bumps or dips, walking in a straight line without stumbling is much more difficult. In  addition, sometimes the tests are conducted on the side of a busy freeway with cars zipping by at a high rate of speed or when it is really cold and people may shiver. This will adversely affect their performance

Can You Challenge A Field Sobriety Test In Court? YES!

If your DUI case goes to trial  in the state of Nevada, you have a right to challenge the results of your field sobriety tests. Since the accuracy of these tests is relatively poor, you can use that as part of your defense. Some of the ways that you could argue against the validity of the results of the test include:

1. Calling the accuracy of the field sobriety test into question. The accuracy of field sobriety tests is far from perfect. If the police officer administered the tests incorrectly or if they asked you to perform tests that they shouldn’t have, you can also use those points as part of your defense.

2. The police did something unlawful after the stop. For instance, if the police officer forcibly removes you from your vehicle, that is against the law. You could use that to get the DUI charges thrown out. Any other conditions that could have affected the results of the test should also be mentioned.

3. You weren’t driving under the influence. If you weren’t intoxicated while you were driving, you weren’t breaking the law. In that case, the field sobriety test should never have been administered.

4. You had a bad collision, your airbag went off and you have a concussion. This will affect your ability to follow instructions and do the tests properly.

5. You were really fatigued. Legendary Green Bay Packers football coach, Vince Lombardi said “Fatigue makes cowards of us all. It could also affect your ability to do Field Sobriety tests.

Any errors in the testing process could cause you to get arrested or convicted of driving under the influence. If you have been wrongly charged as a result of a field sobriety test, reach out to a DUI lawyer in Las Vegas to make sure that you have the most effective legal defense in Nevada to challenge your arrest in court.

Are you facing an investigation for Paycheck Protection Program (PPP) loan fraud? Here are the charges that could be on the table.

Federal authorities are aggressively targeting individuals and companies for Paycheck Protection Program (PPP) loan fraud. Launched in March 2020 in response to the economic uncertainty triggered by the novel coronavirus (COVID-19) pandemic, the PPP made hundreds of millions of dollars in federal funding available to struggling businesses. Loans issued under the PPP carry a 1% interest rate, but the loans are entirely forgivable if certain conditions are met.

The low-cost (and potentially free) funds offered under the PPP have proven to be attractive not only to struggling businesses, but to larger companies and scam artists as well. This has led to concern of widespread fraud (and a few highly-publicized cases of fraudulent PPP loan applications), and it has forced various federal agencies to turn their attention to combatting PPP loan fraud.

At present, the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), and U.S. Small Business Administration Office of Inspector General (SBA-OIG) are all actively conducting investigations under the PPP. These investigations are leading to a multitude of federal charges, and company owners, corporate executives, and other individuals accused of PPP loan fraud are facing enormous fines and the potential for decades of federal imprisonment

Watch Out: Employees Are Turning In Their Employers For PPP Loan Fraud

For company owners and executives who are concerned about the accuracy of their PPP loan applications, one thing they cannot do is simply ignore the issue. The U.S. Small Business Administration (SBA) is encouraging employees to come forward with information about PPP loan application fraud, and many whistleblower claims have already been filed. By filing whistleblower claims, employees can receive up to 30 percent of the amount the government recovers, and this provides a significant incentive for individuals to report instances of suspected fraud.

What constitutes PPP loan application fraud? Employees can file whistleblower claims based on a broad range of allegations. Some examples of false and fraudulent statements that can lead to federal prosecution for companies (and their owners and executives) include:

• Misrepresentation of number of employees
• Misrepresentation of qualification as a “small business concern”
• Misrepresentation of needed loan amount
• Misrepresentation of corporate affiliations
• Falsely stating that no prior PPP loans have been received
• Falsely certifying that the need for a loan results from the economic conditions caused by the COVID-19 crisis

ou’ve just been involved in an accident and the other driver’s at fault.

You want to know which option to take in order to maximize recovery for your damaged vehicle.

The first thing you’ll need to figure out is whose auto insurance provider to file a claim with.

Check your auto insurance policy for collision coverage. If you are paying the premium on collision coverage, you can make a claim on your own auto insurance policy after an accident.

After paying the deductible, your insurer will provided you with a selection of shops and locations in order to get the estimate for the damages and pay for your car repairs.

Your insurance company will then subrogate (ask for reimbursement) from the other driver’s insurer. Once the other company determines that their policyholder was at fault, they send payment to your insurance company and in return, refunds your deductible.

The process of determining liability, getting vehicle estimates, and repairs can take anywhere from several weeks or even months.

Here are the pros and cons of both scenarios:

Filing the claim with your auto insurance:

Pros – You trust the service your insurer provides more than the service provided by the other driver’s company. The claims process may be faster because your company doesn’t have to determine fault before estimates and repairs. If you have rental reimbursement you can get a rental car right away.

Cons – You’ll be out your deductible money, with no guarantee that you’ll get it back. If the at-fault party’s insurer determines that you overpaid for the repairs, the work may not be fully covered. If the at-fault party’s insurer puts up an argument on liability, then you may wait a long time before reimbursement – if at all.

Filing the claim with at-fault auto insurance

Pros – You don’t have to pay your deductible and wait for reimbursement. You don’t have collision coverage and using the other driver’s insurer is your only option for damage coverage

Cons – The insurance company is looking out for their best interest which may result in a low ball settlement offer. The insurance company will need to investigate to determine fault before vehicle inspection and repairs. The at-fault driver does not have liability or has limits that don’t cover your damages and you may end up having to file a claim with your own insurer anyway.

Whether you choose to seek help with repairs from your own insurance or the other driver’s insurer, you will only be covered up to the limits of the driver’s liability coverage.

If you were involved in an accident, let your insurance company know right away, regardless of which route you decide to take.

Please be aware that it is against Nevada Law for an insurance company to raise your rates after a claim related to an accident that wasn’t your fault NRS 687B.385. When your vehicle has been deemed a Total Loss it means that Vehicle damage exceeds 65% of the fair market value. N.R.S. § 487.790(1)(b).

Nevada State Drug Laws At A Glance

Drugs have always been considered illegal in the justice system. Although drugs have always been illegal in some form, the penalties change as time goes on. The elements that contribute to the severity of the consequences have much to do with the difference in whether the defendant is in possession of the drug for personal use or with an intent to distribute it.

The least consequential level of possession depends on if there was an amount that indicated personal use, such as under one ounce of marijuana or less than three and a half grams of cocaine. Contrarily, if for example, an individual has more than three and a half grams of cocaine, even if they were intending that quantity for personal use, Nevada state law recognizes this quantity as possession of a controlled substance with intent to sell. This could be charged several different ways, such as the sale of a controlled substance, or trafficking of a controlled substance. Trafficking is taken much more seriously, as it carries much more severe penalties with it.

Trafficking

Trafficking for a controlled substance for Schedule I or II narcotics with four to fourteen grams is considered a Category B felony, which carries one to six years in prison with the ability to go on probation. Trafficking a controlled substance with 14 to 28 grams carries two to ten years in prison with no option for probation, and a maximum fine of $20,000. The highest trafficking charge is when an individual is found in the possession of over 28 grams of Schedule I or II narcotics results in three to fifteen years in prison with no probation. Because of the severity that comes with a drug trafficking charge in Nevada, a competent attorney will do everything they can to reduce the charges of their client in order for them to receive the least extreme charges possible.

Very important factors in trafficking cases are criminal history and the quantity of the drug. If one has been convicted of a past drug charge, then this will be considered in the overall prosecution of the case. There is a wide range of sentencing for drug trafficking crimes, so the specifics of each case play key roles in what the outcome will ultimately be.

Federal Drug Trafficking Charges

Being convicted of a federal drug crime is generally much more substantial and handled differently than at the state level. There is a minimum sentencing of five years and no more than forty years for the first offense, followed by a fine of up to five million dollars for an individual, and up to twenty-five million dollars for a non-individual. For a second offense federal drug trafficking charge, the penalties are no less than ten years and no more than life in prison, and a fine of up to eight million dollars for an individual, and up to fifty million dollars for a non-individual. The penalties increase with the quantity of controlled substances found, as well as the number of additional crimes committed.

Possession With Intent To Distribute

Possession of a controlled substance with an intent to distribute occurs when there is more of that drug to be warranted as personal use, but less than a trafficking charge. Schedule I and II drugs are held in a more serious bracket than III, IV, and V drugs, and the consequences will reflect this.

For Schedules I and II substances such as cocaine, heroin, ecstasy, LSD, or GHB:

• First conviction: A category D felony, punishable by one to four years in prison and/or up to a $5,000 fine.
• Second conviction: A category C felony, carrying one to five years in prison and/or up to a $10,000 fine.
• Third or subsequent conviction: A category B felony, resulting in three to fifteen years in prison and/or up to a $20,000 fine.

For Schedule III, IV, and V drugs such as Valium, codeine, Xanex, or cough suppressant:

• First and second convictions: A category D felony, punishable by one to four years in prison and/or a fine not exceeding $10,000.
• Third and subsequent convictions: A category C felony, resulting in one to five years in prison and/or a fine not exceeding $10,000.

It is important to know that possession with intent to distribute still depends on other factors such as the defendant’s criminal history and what schedule drugs they are. Retaining legal counsel to assess the particular circumstances is a crucial first step in resolving a possession with intent to distribute a charge. Every situation is different, and therefore, an experienced attorney will have the skills and expertise to effectively resolve the case and highlight mitigating factors that are applicable to the smooth resolution of the case.

Counterfeit Drug Sales

Another level of drug sale that is charged against by the state of Nevada is the sale of a controlled counterfeit substance. If an individual is selling something that resembles Schedule I or II drugs, claiming it is a specific narcotic, or in possession of an imitation drug, this is typically prosecuted as a misdemeanor in the state of Nevada. This carries up to six months in jail and/or up to $1,000 in fines.

If an individual is over the age of 18 and sells counterfeit drugs to someone under 18, this is prosecuted as a category C felony. In this case, the defendant would face one to five years in prison, up to $5,000 in fines, and potentially compensation for the child’s drug rehabilitation.

It is important to know that when it comes to imitation drug sales in Nevada, the defendant’s state of mind is a key element in the validity of the case. If the defendant is telling an individual that they are buying a specific controlled substance, then the state of Nevada considers this a counterfeit drug sale transaction.

Get information regarding The Laws Relating to Drug Possession and Intent to Sell by calling the law office of Law Offices of Mace J. Yampolsky Criminal Defence for a FREE Initial Consultation at (702) 385-9777.

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted in or around March 2020 and designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through a program referred to as the Paycheck Protection21 Program (“PPP”).

In order to obtain a PPP loan, a qualifying business submitted a PPP loan application, which was signed by an authorized representative of the business. The PPP loan application required the business (through its authorized representative) to acknowledge the program rules and make certain affirmative certifications in order to be eligible to obtain the PPP loan.

In the PPP loan application, the small business administration (through its authorized representative) stated, among other things, its: (a) average monthly payroll expenses; and (b) number of employees. These figures are used to calculate the amount of money the small business is eligible to receive under the PPP .1 In addition, businesses applying for a PPP loan were required to provide documentation showing their payroll expenses.

A PPP loan application was processed by a participating lender, such as a financial institution. If a PPP loan application was approved, the participating lender funded the PPP loan using its own monies. While the lender issued the PPP loan, the Small Business Administration (“SBA”) provided a guarantee to the lender for the PPP loan. Data from the application, including information about the borrower, the total amount of the loan, and the listed number of employees, was transmitted by the lender to the SBA in the course of processing the loan.

PPP loan proceeds were required to be used by the business on certain permissible expenses-payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the interest and principal on the PPP loan to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time and uses a certain percentage of the PPP loan proceeds on payroll expenses.

The

People committing fraud use a different EIN number for each of the applications, despite the fact that they all purport to be on behalf of the same entity. All of the EINs are associated with different entities, and four of the five EINs used were created on or around the time that the loan application was signed. As of August 28, 2020, the IRS had received no filed tax returns for the any of the EIN /TIN numbers associated with the business.

NRS 205.060 states a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of burglary.

A conviction for burglary requires that the suspect merely having the criminal intent at the time of entry is sufficient under Nevada Burglary Law. The prosecutor must also show that the person identified made an unlawful entry into a structure and that the entry was made with the intent to commit any crime inside (not just theft/larceny). Intent to commit a crime can be difficult to prove. The prosecutor has to be able to prove that the suspect intended to commit a crime.No physical breaking is required to commit the crime of burglary. It is enough that the suspect trespassed. Any entry onto someone’s land or property without permission is trespass. Burglary may be committed by entering through an open door.

Burglary is a lesser offense than robbery. For a person to be convicted of robbery, there has to be the use of force or fear to obtain another person’s property. Burglary can happen even when there is no person present.

What are the punishments/penalties of a conviction?

A person convicted of burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of sentence.

On January 24, 2018, the Henderson police received a late-night call about some suspicious activity at a gun store at 2980 St. Rose Parkway. When they arrived on the scene, the first thing they saw was a broken glass door. No one was in the store, and whoever had broken the glass door was nowhere to be seen. Several rifles appeared to have been taken.

The police were aware of a similar incident in the 6500 block of North Decatur Boulevard in North Las Vegas at about 5:10 a.m. on Dec. 15, 2017. A cash register and some cash were missing from the business. The business was equipped with a surveillance camera, and it showed a young man and woman in the store earlier that night after the store was closed. The police suspected that the two incidents were related.

Assuming that arrests were subsequently made, what things would the prosecutor have to prove and what difficulties might she have proving them?

The gun store theft presents an identification problem. The suspect’s attorney would surely question how the arrested person had been identified. The broken glass door pointed to unlawful entry, but what evidence was there that established that the person who had been arrested was the same person who broke the door window? What evidence was there that the suspect meant to take the rifles, or that the guns were taken at the time the door was broken?

The surveillance camera may have taken pictures of the cash, and cash register being taken, but did it? The young man and woman shown may have entered with the intent to take the money and cash register, but where’s the proof of that? If all the camera shows is a young man and woman standing in the store after the store was closed, is that enough for a conviction?

A good criminal defense attorney will want to know the answers to these questions and more.

Many people each year suffer from spinal injuries in different accidents that cause the different types of physical curbs affecting them for a lifetime. Generally, people know that the spinal cord can cause paralysis and disability but not many individuals know that it can come up with other issues as well.

If someone you know or you yourself have suffered whiplash or damages to the spinal cords. So you need to contact an experienced spinal cord attorney and a doctor for the spinal cord or whiplash pain relief. An attorney can answer all your legal issues and assist you in getting your maximum possible compensation.

Types of spinal cord Injuries:

Spinal cord injuries can be of two kinds, complete and incomplete injuries.

The incomplete injury of the spinal cord includes sensation and movement in the body even after the injury. If the spinal cord is partially injured, the patient can recover some of the spinal functions. In this case, the paralysis is temporary but if the injuries are severe the mobility and functions can be affected in the limbs.

The complete injury in the spinal cord is entirely damaged, that discontinues all the mobility under the neckline. The affected areas cannot feel any sensation or mobility. In this case, the paralysis is permanent and can affect one or all of the four limbs. But in some cases, the patient may regain some of the functions through proper medication and physical therapy.

Problems caused by Spinal Cord Injury

The injury of the spinal cord can result in many other problems that can be:

• Losing physical functions
• Mental Shock
• Emotional shock
• Repeated neuropathic ache
• Repeated muscle contractions
• Basic lifestyle variations
• Sexual dysfunction
• Damage to numerous nervous system functions
• Anxiety and depression

Major Complications:

Following are the major complications faced by spinal cord patients:

Bowel Function

Once the spinal cord is damaged the bowels function of the body is also ceased therefore the patient has to start a routine bowel performance. This requires the assistance of another individual with immobility of the lower organs.

Depression

The spinal cord injury sufferers may go through depression. The condition of paralysis can cause mood swings, change thoughts and reduce the standard of life.  While absorbing the change caused by injury a patient can stuck in depression. The working person can suffer more depression when he is not able to work or go back to work.

For assistance contact an attorney

In case of spinal cord injury contact the experienced lawyer, he can determine whether your claim is valid or not. FREE Colorado Springs personal injury consultation can lead you to a better understanding of your case and compensation of the wages lost, medical expenses and other property damages.

The penalties for DUI in Nevada are serious and progressive—with each subsequent offense the consequences are more severe. If you have just been charged with DUI in Nevada, it is time to take the following steps:

1. Hire a DUI attorney in Nevada.

Ideally, it is best to hire an attorney before you have been arraigned. However, even if you have already entered your plea, a DUI attorney in Nevada can still help you get a better outcome. You should provide your attorney with a copy of the police report from the incident and give them as much detailed information about the night as possible.

2. Do not comment about the matter on social media.

In a time when many people share all details of their lives on social media, it is important not to speak about the matter online. Whether your online statements could be used against you in court subject to the rules regarding hearsay; regardless of the admissibility of the statements in court, dealing with a DUI charge is a difficult and emotional time and it is best to keep the subject off of social media, as you might regret your comments later on.

3. Join treatment program.

If you receive a DUI charge, there are many reasons why joining a treatment program should be a non-negotiable step in handling the aftermath of your situation. Joining a treatment program demonstrate a willingness and active initiative to rehabilitate, which may be considered favorably by a judge.

4. Be prepared to lose your license.

If convicted of DUI, a good attorney will be able to advocate a better sentence, fine, and overall outcome for you, but you should be prepared to lose your license. The length of time you will lose your license and the permanency of the revocation will depend on your past history and the facts of your current case.

A DUI charge can create stress, fear, a threat to employment and finances, and a host of other negative consequences. If you find yourself in this situation, hire an experienced DUI attorney in Nevada and begin a treatment program right away. This will no doubt be a challenging time in your life, but taking the proper steps now will help to ease the difficulty and facilitate a better outcome.

The majority of DUI charges arise from minor traffic violations. More often than not, people are pulled over for infractions such as speeding, etc. when the investigating officer observes intoxicated behavior or other evidence which leads them to pursue a DUI investigation.

The observations that lead to a DUI investigation can be things as simple as the faint smell of alcohol on the breath, to a person fumbling as they attempt to open their glovebox. A DUI investigation can quickly turn from a routine traffic stop to an arrest if you fail to take proper precautions.

What Happens In A Roadside DUI Investigation?

You may be asked point-blank questions about your activities that evening (whether you’ve had anything to drink, etc.), or the officer may be more discreet in their line of questioning. In any case, it is imperative that you remain calm and non-specific in your answers.

Next, the officer may ask you to take a preliminary breathalyzer test. Nevada state law states that if you do not submit to a breathalyzer test, you have the potential to have your driver’s license revoked for up to one year. This is a significant penalty considering that being convicted of a misdemeanor DUI first offense carries only  90-day license revocation with it.

If the result of the preliminary breath test is at or in excess of the legal limit, it is almost certain that the officer will ask you to perform field sobriety tests. Before doing so, they will ask if you have any health conditions that could prevent you from capably doing these tests, and if there are none, the officer will proceed with the tests. There are a minimum of three field sobriety tests known as:

• Horizontal Gaze Nystagmus (HGN): Perhaps the most indicative of intoxication, this test utilizes involuntary eye movements to test your responsiveness.
• One Leg Stand (OLS): The officer will ask you to stand on one leg to test your balance.
• Walk and Turn: Also a balance test, you will be asked to walk down a straight line and turn around.

It is worth knowing that performing field sobriety tests are not required, and they are often failed no matter what level of sobriety you may be at. If you do choose to participate in field sobriety tests and fail them, the officer will then Mirandize (read you your rights) you and place you under arrest on suspicion of driving under the influence. You will then be transported to the police station.

Once you are at the police station, you will have the choice between a breath and blood test. If more than two hours have passed since you were stopped, these test results are generally disregarded by the court and are not taken into consideration for your case. You will then be brought to the jail, where you are booked into custody and held for a period of 12 to 36 hours. The amount of time you are held is largely determined by your level of sobriety and criminal history. More often than not, most DUI defendants do not have a criminal history, which enables them to be released from custody less than 18 hours from their arrest.

By Nevada statute, DUIs are punishable with two days in jail. Many times, individuals are given credit for time served, despite the fact that they have only done from six to eighteen hours in custody. Once you are released from custody, you are given a return court date. You will then be arraigned on a DUI charge and asked to either plea guilty or not guilty, and the process will proceed from there. In the case of a misdemeanor DUI charge, once you make your plea, the matter will be set for trial within 60 to 90 days. In the event of a felony DUI charge, you are entitled to a preliminary hearing within 15 days if you are in custody.

For more information on Aftermath Of DUI Stop 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 consequences of a DUI are dependent upon the specific circumstances of the arrest. For example, if you submit to the preliminary breath test and your results are in excess of the legal limit, then your license will be suspended on the spot. If this occurs, the officer will give you a pink carbon copy of your notice of revocation. The driver’s license revocation period can start almost immediately, but can change if you insist on a blood test to accurately determine your BAC at the time of driving.

Due to the fact that a phlebotomist is required to perform blood tests, and that the sample takes an extended period of time to process, there can often be a six to ten-week delay on blood results from DUI arrests. In this situation, your license will not be taken until your results confirm that your BAC was in excess of the legal limit. If this is the case, your license will be revoked for a period of 90 days.

Upon accepting a Nevada driver’s license, you are agreeing to submit yourself to a breath and blood test upon suspicion of impairment by law enforcement. Because of this, you have limited rights as it pertains to the revocation process. You do, however, have access to a Restricted Driver’s License, which is available to you when you have served half of the revocation period. This means that in the event of a first-time DUI with a 90-day revocation period, at the 45-day mark, you have the ability to apply for a restricted driver’s license. The application for a restricted license is specific to the individual and requires particular information as it pertains to the case at hand. A restricted license allows you to drive to and from work, school, doctor appointments, the grocery store, and other necessary daily activities.

Nevada legislature passed a law that requires an individual to obtain an ignition interlocking device installed on their vehicle in order to drive during the revocation period. It is worth knowing that DUI fines imposed by the court are somewhat minimal in comparison to the increased license and insurance costs necessary to drive following a DUI conviction.

What Happens If You Refuse A Breath Or Blood Test Following A DUI Arrest

Until recently, it was within your rights to refuse a breath or blood test until law enforcement obtained a warrant. This made it so the “two-hour rule” in the state of Nevada would force prosecutors to resort to impairment theory in order to prove an individual’s guilt for a DUI. Contrarily, a blood test that provides evidence of an excess of BAC makes the case incredibly easy to secure a conviction for.

The law has now changed, giving an administrative driver’s license penalty to individuals who refused to consent to a breath or blood test. Nevada, like every other state, has an implied consent statute that acts as an agreement between yourself and the state to not drive intoxicated, and if law enforcement believes you are doing so, you impliedly consent to a test. If you do refuse a breath or blood test, there is an additional one-year revocation imposed by the Nevada Department of Motor Vehicles, which has been litigated at the administrative level through the Department of Motor Vehicle’s Administrative Hearings process.

For more information on Driver’s License Consequences Following A DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 385-9777 today.

White collar crime is a general term that refers to a large class of non-violent crimes, which are primarily financially motivated. Many of these crimes are carried out by sophisticated means, by people who are educated professionals, or even by corporations operating in a professional capacity.

What Might Be Some Specific Examples Of White Collar Crimes That You Might Be Familiar With?

Broad embezzlement is probably the most common white collar crime we see, followed by tax evasion, forgery, and identity theft. Usually, white-collar crime refers to crime involving financial instruments or misappropriation of funds.

Do Most White Collar Crime Convictions Land People In Prison?

Many white collar crimes involve large loss amounts and one of the ways in which federal sentencing guidelines determine the length of custodial sentences is by the amount of loss that is caused. Also, since white collar crimes are more likely than other crimes to cross state lines, they are more likely to be prosecuted at the federal level. Federal sentencing guidelines generally punish the same behavior more harshly than state sentencing guidelines would. However, people accused of committing white collar crimes tend to have lesser prior criminal records than most of your garden-variety criminals. This lack of criminal history sometimes enables white collar criminals to avoid custody and instead complete long periods of probation with conditions. Generally speaking, you are more likely than not facing prison time if you commit a white collar crime, especially if that crime involves the crossing of state lines.

Who Generally Is The Prosecutor In White Collar Crime Cases At Either Federal Or State Level?

Predominantly, the federal level prosecutes white collar offenses. It used to be that the FBI was largely tasked with prosecuting white collar crimes, but there are several different organizations that could be involved now. You could have the FBI, the attorney general, the secret service, postal inspectors, and internal revenue service all investigating the case. Recently, it has become a trend that the United States attorney is involved from the outset. In previous decades, the AUSA would only get involved further down the line.

What Is The Grand Jury In A White Collar Case?

A grand jury is 16 to 23 citizens who are assembled by a prosecuting entity to determine whether or not an indictment should be filed, charging an individual with white collar crimes. Grand juries are more common in white collar criminal prosecutions than they are in others, usually because of the sophisticated means and resources available to the accused. The indictment procedure tends to be used when you have a high profile case, a high profile defendant, or a number of defendants and it becomes unwieldy to proceed through the complaint in a preliminary hearing avenue.

The difference between a grand jury indictment and prosecution through a complaint is that the prosecutor is enabled to present their case to a room full of grand jurors, without defendants or defense counsel present. They have a captive audience and they do not have to worry about pushback from the other side, which enables them to secure the filing of charges more easily.

For more information on White Collar Crimes In Nevada, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling experienced criminal defense attorneys at (702) 385-9777 today.

For many, many years, the short answer to this question was “no.” However, here in Nevada, times have changed to the degree that this is not necessarily the case anymore. A recent change in the law allows those facing a driver’s license revocation for a pending DUI conviction to install what is known as Breath Ignition Interlock Device into their vehicle. In so doing, the defendant driver will be permitted to drive during the period wherein their license would formally be revoked.

This is a relatively new development and one that, for the most part, our clients seem to want to avail themselves of, assuming finances permit. The installation and maintenance of the Breath Ignition Interlock Device will cost anywhere from $75-$150 for installation, and there will be similar monthly maintenance costs associated with the use of the device.

The process for criminal law in Las Vegas may differ slightly from what you are used to in other states, so if you are moving to Las Vegas it is a good idea to familiarize yourself with the differences between criminal law in Nevada and elsewhere. One area that is worth understanding about Criminal Law in Las Vegas is that there is a statute of limitations for misdemeanor charges in Nevada, and that limit is one year and one day. The statute of limitations is different for felony cases, Most are for 4 years, but murder does not have a statute of limitations. A simple misdemeanor in Las Vegas municipal court will be handled by the Las Vegas Justice Court. Or Municipal Simple cases include shoplifting, traffic tickets, possession of marijuana, DUI, and domestic violence Felonies and other more serious state cases will be tried at 8th Judicial District Court. This court is also responsible for hearing appeals from the Las Vegas Justice Court.

The Legal Process

When someone is arrested, the police will try and interview the arrestee. ( I always advise my clients not to make a statement before contacting an attorney) and any witnesses, and put together a report. As a part of the arrest, the police officer must go through the Miranda Rights process, telling that person that they have the right to remain silent, and the right to have an attorney present during their questioning. If the arrested person cannot afford to have their own. The courts will appoint a lawyer to help a person with their defense. The lawyers that defend people who are unable to pay for their own defense are called public defenders. To qualify to have a public defender work with you, you must have an income below a given threshold. If you have a charge pending, or you are worried that you are going to be charged with an offense in Las Vegas, then you should call an attorney as soon as possible.

When dealing with Criminal Law in Las Vegas, a police report does not automatically mean that you are being charged with something. If there is not enough evidence to support a charge, then you will not be charged. If the district attorney believes that there is enough evidence to warrant a charge, then they will fill out a criminal complaint form. This starts the legal process. The district attorney is claiming that the accused has committed a crime, and now they must prove it.

The Hearing

Criminal Law in Las Vegas starts with an arraignment hearing, which is the first appearance that the defendant will have in court. The defendant is asked to make a plea about their accusation. That plea is usually going to be ‘not guilty’, although they may also plead guilty, or ‘no contest’. The latter is an unusual plea which means that they do not contest the charges, but that they also do not admit guilt. However, the court will find you guilty. The attorney may appear on behalf of the client instead of the client appearing.

The next step is for the defendant’s attorney to ask for a copy of the police reports, witness statements, and other evidence. In some cases the defendant’s attorney will try to negotiate a plea bargain. With criminal law in Las Vegas, and in other parts of the United States too, around 90 percent of cases be resolved by a plea bargain rather than a trial. This may seem like a high percentage, but you should understand that for a case to go to trial the district attorney must believe that there is enough evidence to make it worthwhile. The burden of proof required in a criminal case ( beyond a reasonable doubt) is set up to protect the accused. With Criminal Law in Las Vegas, the accused are presumed innocent until they are proven guilty. This means that there is the opportunity to be released on bail. There are some cases where someone can be released without bail. The judge may release the Defendant on his or her own recognizance and not require bail. The amount of Bail is set at the discretion of the court, and is assessed on a case by case basis. The bond will be set on the day of the arraignment, and there is the option for the judge to set conditions to ensure that the defendant will come back to court. The defendant must pay collateral to be released. The amount of collateral depends on their circumstances and the type of crime. There are bail bond companies that can help people who cannot afford to pay the entire amount in cash and bond themselves. In Criminal Law in Las Vegas, the Defendants must pay 15% If the defendant does not meet the conditions of their bail, then the court keeps the money, and a warrant will be issued.

The Trial

In Criminal Law in Las Vegas, Felony cases are tried in front of a jury. Misdemeanors do not involve a jury, but rather are ‘bench trials’. These trials are heard by a judge who will determine whether the defendant is guilty or not, and who will impose the sentence unless the charge is domestic violence. If so, a defendant is entitled to a jury trial. The judges are highly trained and are bound by an oath to be as fair and balanced as possible. It is still important to have good representation though, to ensure that the case is seen fairly from both sides.
Often, a good attorney can help with ensuring fair treatment and can highlight areas wherein law enforcement may have acted inappropriately. Search and Seizure, for example, is one area in which law enforcement may overreach. Under the fourth amendment, law enforcement must get a warrant to conduct a search if they suspect that someone is doing something illegal. The exception to this is that no warrant is necessary if something is in plain view. This doctrine is used by the TSA when they are performing screenings. There are several conditions that must be met for the ‘plain view’ doctrine to apply, though. The doctrine does not allow them to open closed containers, or invade people’s privacy and then use the evidence collected in trial if it was improperly obtained without a warrant.

In dealing with Criminal Law in Las Vegas, criminal lawyers are there to protect the people that they are working with, and that includes making sure that any interviews are conducted fairly, that pleas are reasonable, and that evidence was collected properly. If the accused did commit the offense in question then they will work to make sure that the punishment is fair and that it takes into account any mitigating circumstances (First offense, the person was ‘under duress’ from an associate, or was not thinking clearly at the time, was under the influence of alcohol). The justice system is set up to be as fair as possible, and to ensure that justice is done for victims and that criminals are punished, but people on both sides of the system (the accused and the accuser) have the right to fair treatment and for proper due process to be followed.

Note that Criminal Law in Las Vegas is slightly different for those under the juvenile system than it is 18 for adults. If a young person is accused of a crime then their crimes will be looked at in a different light, and the juvenile justice system is intended to rehabilitate young offenders before punishing the minor, taking into account the fact that the accused was a child when the crime was committed. The stance is that young people cannot make decisions as well as adults and that if a young person’s crime goes on their permanent record then it could leave them unable to pursue productive work as an adult. Lawmakers believe that young people deserve a second chance, and to enter adulthood with a clean slate so that there are as few barriers as possible to them becoming productive members of society. In Criminal Law in Las Vegas, young people should still have the support of a qualified attorney if they are accused of a crime, to ensure that they get appropriate treatment and that their case is heard in the right court (especially if they are close to coming of age). It is not unheard of for a juvenile case to be transferred to the adult criminal courts in the case of a serious offense, and the accused was close to adult age when the crime was committed.

Most cases for those under 18 will be tried in juvenile court. It is called a contested hearing. Under the law of Nevada, the courts do have the option to certify someone as an adult if the accused is over the age of 13 and has been accused of a high-level felony-level offense i.e. murder or armed robbery. Those under the age of 13 will almost always be tried in a juvenile court. The only time that a child must be tried as an adult is if the child was 16 or 17 at the time of the alleged crime, and the charge either involved sexual assault (rape), murder, or robbery or possibly when a firearm was involved. Even in those instances, there are some exceptions, such as for children that have emotional or behavioral problems, or if the child is clearly not developmentally or mentally competent enough to understand the situation. Children and adults see the world differently, and a good attorney will be able to make sure that the child is tried in a way that is appropriate.

So if you are in need of compassionate legal support for criminal legal issues in Las Vegas, give us a call to see how we can help you! We have been helping people in the Las Vegas Valley for over thirty (30) years. Click here to learn more about how we can assist you with your criminal law issue. To learn more about Attorney Mace Yampolsky refer to this link to read his attorney profile.