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What Are Some Ways By Which People Unintentionally Incriminate Themselves Or Hurt Their Case?

In a DUI case, if the suspect is out of the car when the police arrive, the state must prove driving or actual physical control within two hours of the chemical test. A lot of times, the person is standing by his car and they ask, “Is that your car? Were you driving?” If someone answers yes, because of that, the driver has essentially convicted himself of DUI if his blood alcohol level is over 0.08. There are other defenses. The police didn’t see you drive, or they can’t put you behind the wheel, or they can’t prove driving within 2 hours of the chemical test. If they first made contact with the driver while parked, or the police don’t know how long ago this person parked the car so they can’t prove beyond a reasonable doubt that his blood alcohol level was over 0.08 within two hours of driving. If you drink after you have stopped driving, that is not illegal. If you are over the limit but you did not drink until after you stopped driving, that’s a defense to DUI. But this defense that must be pleaded specifically. If you are going to testify that you did not start drinking until after you stop driving. You need to inform the prosecutor of this fact, or you will be precluded from using it.

Talking To The Police

Many times, the police may ask something like, “Didn’t you and Mary stab this person?” If someone were to answer, “No. Mary and I were there but I didn’t stab this person. Mary did “under the theory of aiding and abetting or under conspiracy theory, you could be convicted. If you didn’t say anything at all, the police would have to develop other information. People tend to talk too much. They think, “If I just say this, they will let me go,” but it usually doesn’t happen that way.

Police are trained to obtain incriminating statements and to intimidate people. Their job is to get a conviction. Once they have a suspect, for the most part, they determine that this is the person that committed the crime and they focus their investigation on that one person.

Sometimes, it may have been someone else but the police were so focused on you as a suspect that they do not consider any other suspects. The police question someone, but if that person didn’t invoke their right to remain silent or ask for a lawyer, they will keep asking questions and doing whatever they can to get a conviction.

Sometimes, people also will make false confessions, “Yes, I did it. Just let me out of here.” This is a huge problem. Or they may think, “I’ll just tell the police what happened but I am not going to tell them that  I did anything wrong.” Sometimes just putting yourself at the scene is enough. That’s how you can incriminate yourself.

In federal court, the first hearing is during the initial appearance. There will be a complaint filed. There’ll usually be an agent from the FBI, DEA or maybe even a customs agency. The agent may say, in the complaint “I am Mr. Smith and I worked for the DEA for 16 years. I’ve handled hundreds of investigations involving controlled substances. In this situation, I saw John Smith meet with other people, have a scale, weigh things, meet with people in cars and talk about certain things on the phone. In my training and experience, I believe he was committing the crime of distribution of controlled substance or conspiracy to distribute controlled substance.”

Before the preliminary hearing, the prosecutor will present the case to the grand jury and the grand jury will hand down what’s called a “True Bill,” which is an indictment. In federal court, I have NEVER seen any case proceed to a preliminary hearing. The Federal Government will always indict, unless a deal is worked out prior to the filing of the indictment, and the client may “proceed by information” (an information is another word for complaint) which means the client waives the right to be indicted and the information sets forth the crimes to which he is pleading.

You Have The Right To Remain Silent

When individuals talk to the police, they have an obligation to tell the truth, however, police do not have the same obligation. One of the things someone being questioned may think is, “Well, you know, if I just talk to the police, they’ll believe me and I won’t be accused of a crime. If I cooperate when they ask me questions, it will be better for me.” That’s not true at all.

When police question a suspect, they are trying to develop information during their investigation that will help convict that person. In cases in which there are co-defendants, the police will often say, “Well, Mr. Smith said that you were the one that stole this television and he is willing to so testify If that happens, you are going to go to prison. It will be easier on you if you just tell us what happened”. Oftentimes, the other person isn’t going to say anything and the police haven’t developed enough evidence to convict the client, but if the client cooperates by being nice, it gives the police incriminating information.

This can very well be explained by an analogy that says, “What’s one of the similarities between a fish and a criminal defendant? If they kept their mouth shut, they wouldn’t have been hooked.”

People like to talk, and in situations like these, they feel they must talk. Everyone knows about Miranda Rights, “You have the right to remain silent. You have the right to an attorney. If you can’t afford one, a lawyer will be appointed to you at no cost to you.. If you say anything that’s incriminating, it can be used against you in the court of law.” The best thing in these cases is not to say anything at all.

Sometimes, it’s difficult to remain silent, and police may try and bully you. For example, many times, in DUI cases, the police will ask questions. But the less you say the better. You must provide your license registration and proof of insurance because you need to identify yourself. However, you don’t need to answer any other questions.

Do Not Lie To The Police

The worst thing you can do is lie. Police will ask if you have had anything to drink and may say you smell of alcohol. The client may answer no. In such a case, the police officer could charge you with giving false information to police, which is a felony, in addition to charging for the DUI. You are advised not to say anything at all in such situations.

Case law says that unless you specifically invoke your right to remain silent, the police can keep asking you questions. In such a case, you can say, “I’d like to invoke my right to remain silent,” or, “I would like to exercise my right to self-incrimination”, or simply, ”I’ll take the Fifth”

Although that’s the best thing to do or say, but if you’ve been drinking, it’s going to be difficult for you to articulate that without slurring your words, which itself is an indication of driving under the influence. So say as little as possible “ I take the Fifth!”

What If The Police Officer Asks Me Questions?

Oftentimes, the police will say, “Well, if you have nothing to hide, why won’t you say anything?” In this case, the person should say, “My lawyer advised me not to talk to law enforcement without him being present”. If the officer persists again, the person can say, “I do not want to say anything”.

We usually give our business card to clients which has certain things written on the back that the client should know. When asked questions, rather than saying anything, the client can present the officer with that business card. On the back of the card it reads, “I want to exercise my right to remain silent and consult with my lawyer without exception. I do not want to talk about giving up my rights until I have consulted my lawyer. I want to call my lawyer. I do not consent to a search of any kind, any test, any lineups, or any other identification procedures. I do not agree to any of these things without my lawyer present. I do not want to waive any of my constitutional rights”. That’s pretty definitive.

If the officer continues to ask questions after the client has unequivocally asked to invoke his right against self-incrimination, and the person answers them, that would be a violation of that person’s rights. Based on that violation, their attorney would be able to get the evidence (The Defendant’s Statements) thrown out. The lawyer would file a Motion to Suppress evidence. This motion can be filed because the evidence was gained unlawfully as the client invoked his right to remain silent and the officer continued to question him. Or the officer may have conducted an illegal search. Once the evidence is suppressed, then the prosecution must go forward without it.

One common misconception is if the police don’t read you your rights, then the case will be dismissed. This is not the law. Any statements that you made that were incriminating while in police custody (meaning you were not free to leave), if you were not read your Miranda Rights, must be suppressed by law. But it doesn’t mean that your case is automatically dismissed. For example, if you shot someone and you’re charged with battery with a deadly weapon, with substantial bodily harm and police take you into custody, if they don’t read you your Miranda Rights, and you say, “I shot Johnny,” (if it’s not suppressed) that would be incriminating. Based on that statement, you could be convicted.

In addition to your statement, if there is someone there who says, “Yes, I saw Mr. X shoot Johnny.” Even if they suppress your statements, you would be convicted. If there is additional evidence such as an eyewitness you can still be convicted, and your case won’t be thrown out.

However, if the only evidence they have is your statement and your statement is illegally obtained, because you weren’t given your Miranda Rights, then the prosecutor would not be able to proceed.

The age of the person charged with statutory rape has a big impact on the criminal charges. Generally speaking, the larger the gap in age, the more serious the case is going to be viewed. It is relatively common for an 18 or 19-year-old to have a dating relationship with a 14 or 15-year-old; this age gap between individuals in a relationship is seen throughout the U.S. and largely throughout life cycles. Consider, for example, how common it is for a 50-year-old person to be in a relationship with a 55-year-old, or a 67-year-old to be in a relationship with a 72-year-old; the older we become, the less that difference in age is seen as a relevant factor.

However, when dealing with child sex crimes—whether statutory rape, lewdness with a minor, or child sexual assault—the age of the perpetrator becomes critically important. When it’s a kid playing doctor with another kid, the conversation to be had might not even be a criminal one; it might be a civil proceeding in a delinquency court run by a family judge, where the ends and objectives are entirely different than those in a criminal court. Generally speaking, the younger the offender and the closer in age that offender is to the party who is abused, the lesser the amount of warranted or justified punishment.

The statute provides a range of penalties, within which there is some wiggle room. In Nevada, the penalty for statutory rape by an individual who is outside of the age range by a large margin and has a prior sex conviction of any kind is a B felony carrying one to 10 years in prison. For example, a 30-year-old who commits statutory rape of a 14 or 15-year-old would probably receive a B felony and a prison sentence of anywhere between four and 10 years. A 20-year-old in the same situation would be more likely to receive a gross misdemeanor, which carries a maximum punishment of 364 days in jail.

Oftentimes, probation in lieu of a prison sentence will be available for an individual who has no prior criminal record and has committed a first-time offense of statutory sexual seduction. Individuals who are 21 and older are going to be treated differently than people who are 21 and under due to the fact that the culpability of individuals over age 21 is seen to be greater; they are perceived to have more life experience, and for better or worse, they are presumed to have a better idea of the wrongfulness of their behavior.

I Was Charged With Statutory Rape But The Sex Was Consensual; Is This Lawful?

The age of consent in Nevada is 16, the age of consent in California is 18. Many people criticize the arbitrariness of certain age requirements under the law, such as those to drive, vote, or drink alcohol. The age of consent often gets grouped in with these criticisms, but it nonetheless stands under the law; even if a minor under the age of consent “consents” to a sexual act, it is not legal consent. This means that even if a minor were to beg and plead an adult to engage in sex with them, it would have no impact whatsoever; the adult’s legal obligation would be to refuse the advances of that person.

Can A Sex Offense Conviction Involving Age Of Consent Be Removed From My Criminal Record?

It is extremely critical for people to understand that sex crime convictions—especially those involving children—are not eligible to be sealed in the state of Nevada. By virtue of Nevada Revised Statute 179D and the sex offender registration scheme, these convictions are prohibited from being expunged or sealed; once a child sex offender, always a child sex offender.

This can place a rather burdensome set of circumstances on an individual. We’ve had clients who streaked when they were in college, and other clients who had freshman girlfriends when they were seniors; since the parents didn’t like it, they reported it and our clients were forced to register as sex offenders. In some cases, we were able to relieve clients of that obligation based on the nature of the offenses.

More often than not, there is no amount of legal maneuvering that will result in the removal of a child sex conviction from the record or prevent an individual from lifetime sex offender registration. Whereas the criminal penalties in terms of exposure to prison time are bad, sex offender registration is like a gift that keeps on giving; it continues to punish the offender long after the prison stay is over.

For more information on Age Of Person Charged With Statutory Rape, a free legal consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 385-9777 today.

The city is full of bright lights, excitement, and great food. There are also many places to stay including hotels, motels, condos or camping grounds. You can spend your time in the casinos or enjoying one of the many water parks. It has something for everyone!

The desert is sparse and dry, but there are still some areas that offer a more lush landscape. Desert Shores in Las Vegas, Nevada is one of the many new developments in the area that offers this. This community has great amenities like pools, tennis courts, and parks to enjoy with your family or friends. It’s also conveniently located near schools, shopping centers, restaurants; anything you need for you new home!

Desert Shores Las Vegas Nevada is a beautiful resort destination with three lakes, six golf courses and so much more. It has been voted the best place to live in America for five years running, and it’s easy to see why. Desert Shores offers something for everyone, from families looking for a safe place to raise their children to retirees who want an active lifestyle full of sunshine. We hope you enjoy our blog post about this amazing community!

Desert Shores is a beautiful gated community located in the northwest corner of Las Vegas, Nevada. One of the largest planned communities ever built in Southern Nevada, Desert Shores offers a myriad of family friendly amenities and services for its residents.

The city of Las Vegas is one that has long been known for its lights, casinos and entertainment. The area was originally inhabited by the Paiute Indians before it became a tourist destination in the late 1800s due to nearby mining operations. Today, there are many attractions in this desert oasis including world famous hotels, sandy beaches and luxurious golf courses. One such attraction in particular is Desert Shores Las Vegas Nevada which features luxury homes with spectacular views of Lake Mead and Hoover Dam – perfect for any retiree looking to enjoy their golden years in style!

Desert Shores Las Vegas Nevada is the perfect location. With its low taxes and short drive time to work, this city has it all! It’s no wonder that Desert Shores Las Vegas Nevada is one of the fastest-growing cities in America.

As many people know, Las Vegas is a great place to visit. It has some of the most exciting attractions in the world and it’s never boring. But there are other parts of Nevada that you may not be aware of! One such location is Desert Shores, which lies about an hour and a half from Las Vegas. This beautiful community features luxurious homes with gorgeous views on its shores.

Queensridge

If you go to trial in state court and you lose, you may file an appeal, which will either go to the Nevada Appellate Court or the Nevada Supreme Court. If it goes to the appellate court, that will be the last hearing. If you lose, that is the end of it. You can request a Supreme Court review but it’s not often given. For your case to go to the Supreme Court, it would have to be one involving life imprisonment such as murder, first degree kidnapping, or a death sentence. There are seven justices on the Nevada Supreme Court and they have what’s called a Northern Panel and a Southern Panel with three justices sitting on each.

Normally, those panels will make the final decision. However, if the conviction is affirmed, the defendant
can request an “En Banc” hearing.’ This means all seven of the justices will hear the case and rule. In most
cases, once the three-judge panel makes the determination, the Supreme Court will not rehear the case.

Nevada is in the 9th circuit, which is a federal appeals court for several states: Nevada, California, Arizona,
Montana, Washington, Hawaii and Oregon. If you have a federal case in any of those states you would try
it in the Federal District Court. If you appeal, then it goes to the 9th circuit court of appeals.

If you lose at the 9th circuit court of appeals, then you can file an appeal to the U.S. Supreme Court on
federal constitutional issues. However, U.S. Supreme Court only handles 1 in 7,000 cases. Another way
you can get to the U.S. Supreme Court is if you are convicted by the highest court of the state, such as by
the Nevada Appellate Court. You may file a ‘Writ of Certiorari’ I won a case in front of the U.S. Supreme
Court.

Know Your Miranda Rights In A DUI Case

Everyone knows what Miranda Rights are. They’ve seen them on T.V, and could probably recite them by heart. One common misconception is that if you are not given your Miranda rights, your case must be dismissed; however, that is not accurate. Usually, in a DUI case, the officers will not inform you of your Miranda Rights. Many clients will say, “They didn’t inform me of my Miranda Rights, so the case has to be dismissed.”

Well, that’s not the case. Miranda Rights protect you against Self-Incrimination. i.e. Statements that you made that would be incriminating in which you were not given your Miranda Rights. For example, if you’re in police custody and they ask, “Did you steal this television?” and you say, “Yes,” without being Mirandized, they would not be able to use that statement against you as evidence in court.

Domestic violence occurs when individuals intentionally commit physical battery against their families, spouses, partners, household members, cohabitants, or someone with whom they have had a child with. Examples of battered domestic violence include hitting, pushing, strangling, burning, poisoning, or any other type of physical force exerted upon another person.

The Severity Of Domestic Violence Allegations In Nevada

Each domestic violence case is different. If there is a situation where someone is accidentally injured due to aggressive behavior unrelated to a direct battery, it will often be treated as a low-level domestic violence case. Contrarily, if for example, an individual hits their spouse with an open fist and causes a serious injury, this is considered a much more consequential situation. This would be a misdemeanor in the state of Nevada, which carries a maximum sentence of two days to six months in jail, $200 – $1,000 in fines, and up to 180 hours of community service. If somebody is convicted of a misdemeanor domestic violence charge, they must also attend weekly domestic violence counseling sessions for a period of six months.

A second offense domestic violence charge is also a misdemeanor. However, it is also a progressive crime, which means if it happens again within seven years, the penalties become more severe. The consequences of a second offense domestic violence charge include twenty days to six months in jail, 100-200 hours of community service, $500-$1,000 in fines, and one year of weekly domestic violence counseling sessions. Moreover, if you spend 12 hours in jail following your arrest, are let out, and then convicted of the charge, you will have to return to jail to serve an additional 36 hours in custody. In some cases, the judge will allow you to serve this time under house arrest, but that is a rare occurrence.

A third-time domestic violence charge within seven years is a felony in the state of Nevada. This includes one to six years in Nevada State prison, a $2,000 – $5,000 fine, and a felony charge on the defendant’s record. It is worth noting that in addition to third-time domestic violence offenses, domestic violence by strangulation is also a felony, no matter the number of times it has occurred in the past. The charges for battery domestic violence by strangulation is one to five years in Nevada State prison and up to a $10,000 fine.

In some cases where the domestic violence offense is not serious, this is called state adjudication. This means that the client will plead to something, such as domestic battery or disorderly conduct, and will be required to participate in a lesser level of counseling sessions and perhaps pay a fine. After this, the case will be dismissed, and your attorney will request to seal the record with the court so that it does not show up on a background check. For most misdemeanors, an attorney can seal the record after the case has been completed for two years. However, for domestic violence cases that are charged, the record cannot be sealed for seven years, which is why it is considered such a serious offense.

Domestic Violence Scenarios Related To Situations Involving Divorce

Domestic violence that occurs when a spousal party is going through a divorce is common, especially if there is a child custody battle involved. These reports can be truthful or unfounded, as there is often a conflict of interest for child custody rights.  In many cases, there may be allegations of domestic violence that are made by one parent in order to provide the court with evidence that the other parent is unfit to take care of their child. This would affect their ability to obtain custody or other parenting privileges following the divorce. Additionally, in situations involving divorce, there can be allegations of sexual assault on a minor, which undoubtedly strip any parent of custodial rights of their child.

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.

If there is an arrest warrant and the attorney discovers it, he files a motion to quash the warrant and bring their client into court. The attorney may present the letter and say “My client knows he might be charged with the crime and he is not going to go anywhere. He is not a flight risk and is not a danger to the community. I have been retained for all stages in the proceeding.” More often than not, the judge will quash the warrant and grant what’s called an O.R release (release on your own recognizance), which means you don’t need to post bail.

However, because there was a warrant, the client has to do what’s called a “walk through.” This means that they will have to appear at the Clark County Detention Center to present themselves in order to be processed and then they will be released. It sounds like a pretty simple process. However, as the jail can be backed up, the process could take up to 12 hours.

In the event there is an arrest warrant and the client is out of state, depending on the circumstances, the attorney may be able to get the warrant quashed without the client’s presence. The client doesn’t need to return unless they proceed to trial. Often a written entry of plea will be accepted by the court in misdemeanor cases so that the client does not need to return at all.

Entering A Plea

In the waiver of appearance and entry of plea, document, there must be a waiver of rights that says, “I recognize I have the right to remain silent and the right to proceed to trial, the right to call witnesses on my own behalf, the right to confront the State’s witnesses and the right to make the State prove their case beyond a reasonable doubt. I am waiving these rights, the attorney can appear for the client and conclude the case.

In some cases, depending on the situation, a suspended sentence may be imposed. (If the client does everything he is supposed to do, there will be no jail time.) For instance if someone pleads guilty to a crime, such as misdemeanor possession of controlled substance, he will usually attend and complete drug counseling, pay a fine, and agree to stay out of trouble. If he doesn’t successfully complete all requirements, he will be convicted of the crime, the suspended sentence will be imposed, and there will be a jail sentence that he must serve.

In this type of situation for an out of town client, the attorney must do a written entry of plea. But, If the case is resolved and there is no suspended sentence, the attorney is able to enter the plea on behalf of the client without a written agreement. For example, the attorney may say, “Your Honor, I have authority to enter this plea. My client will plead no contest to possession of controlled substance, will pay a $500 fine and will complete lower court counseling.”

In other cases, in which the attorney is able to make a deal ahead of time, the matter can be closed during the first court appearance. The attorney would say “Your Honor, here is the completion certificate for the lower court counseling. I have my trust account check for the $500 fine. At this time, I move to have the case dismissed.” The attorney will then present the judge with an order dismissing the case and at that time would be able to seal the record.

In addition to being charged by complaint, you can be charged by an indictment, which means that your case is presented to a grand jury of 18 to 23 people. The prosecutor would present their evidence and the defense lawyer is not allowed to say anything, though the client can testify. However, that is not usually a good idea, and I always advise my clients not to attend.

The penalty for a first-time offense of driving on a revoked/suspended license is a flat time sentence of 30 days in the Clark County Detention Center and/or Las Vegas, Henderson, or North Las Vegas City Jail, depending upon the Court from which your case originates. A second time offense carries a penalty of up to 6 months in jail. The bottom line, especially today in lieu of the recent change in the law, the safest course of action is simply not to risk it.

To the extent that driving is NECESSARY for you—endure the expense and hardship of having an IID device installed. A Breath Ignition Interlock Device is worth its weight and cost in gold provided it keeps you out of jail and behind the wheel of your car—legally.

The number one thing to know if you are accused of a crime or if police want to talk to you is, don’t talk. You can always talk later. Do yourself a favor and discuss your matter with an attorney first. When you discuss the matter with your lawyer alone, there is an attorney-client privilege. Even if you tell the attorney that you have committed the crime, the attorney will still be able to defend you and you can plead not guilty.

In a situation in which the client admits to the attorney that he has committed crime, the attorney has an obligation to the court not to put on perjured testimony, The attorney can’t and won’t put the client on the stand and have him say, “I didn’t do it”. The attorney will instead make sure the State can’t prove its case by using various techniques including cross-examination and discrediting adverse witnesses. If there is physical evidence that doesn’t fit the prosecution’s theory, the attorney can also bring that up. Sometimes, going to trial is not in the best interest of the client. In a plea bargain, it’s the attorney’s job to get the most favorable result possible.

An attorney’s first job is to keep their client out of prison. If they can do that, it’s a win. Their second job is to avoid having their client convicted of a felony. When someone is convicted of a felony, they can’t own a gun, can’t vote, can’t serve on a jury and there are other rights that will be taken away. The final thing is if the attorney can walk out of court with their client and have the case dismissed that is a grand-slam home run.

As I regularly tell my clients, in each and every there is a reasonable range of potential outcomes. In short, the greater and wider that range of outcomes is, the more likely a trained, knowledgeable criminal defense attorney can be of help in mitigating the consequences. I often tell clients that if your BAC is under .012 (i.e., within “shouting distance” of the legal limit) then you need a criminal defense attorney. Similarly, if your BAC is greater than .018, more than likely you will want to consult a criminal defense attorney because your enhanced BAC level subjects you to potentially more severe and advanced penalties by statute, including an Alcohol and Substance Abuse Evaluation.

Where the outcome is most in doubt, a criminal defense attorney can make the difference between a set of requirements you can live with and an onerous set of burdens you’ll be ill-equipped to complete, setting you up for failure. The good news is most DUIs are misdemeanors but the bad news is DUIs are amongst the most serious of all misdemeanor offenses and, unlike most other misdemeanor criminal offenses, DUIs carry enhanced penalties for subsequent convictions within 7 years.

Felonies And Gross Misdemeanor Crimes

The difference between a misdemeanor and a felony is that a misdemeanor will stay in justice court. The
most you could be sentenced to would be six months in the county jail and the highest fine would be
$1,000.

If you’re charged with a gross misdemeanor (GM)or a felony, you’d be entitled to a jury trial. The maximum
penalty is one year in the county jail and up to a $2,000 fine for a GM. If you are convicted of a felony,
you’d be subject to Nevada state prison for at least one year. There are lower level felonies that are one
to five years or one to six years and those are generally eligible for probation.

Some felonies are not eligible for probation, however. Those would include crimes such as sex crimes,
including lewdness with a minor under 14. In cases like that, the attorney will try and resolve it to
something that is probationable such as attempt lewdness or statutory sexual seduction. That would be
a gross misdemeanor or felony depending on the age and the sentence is one to five years in the state
prison but it is eligible for probation.