Over 38,000,000 people visit Las Vegas on a yearly basis for vacation, business, or personal reasons. A survey conducted by the Las Vegas Visitor Profile revealed that over 50% of all visitors say that vacation or pleasure is their primary purpose for visiting, and 16% of visitors in 2011 were first-time visitors to the city. The phrase “what happens in Vegas, stays in Vegas” has become a national phenomenon that gives many visitors the impression that they can do anything they want to do. However, the Las Vegas Metropolitan Police Department (LVMPD) views this phrase quite differently. If you were recently arrested in Las Vegas on criminal charges while on vacation, you should immediately involve a Las Vegas criminal defense attorney who is familiar with state laws and local authorities. You need a knowledgeable legal advocate who understands the devastating effects that a conviction will have on your life, and you need someone who will fight for you.
While in Vegas, almost 50% of visitors use their own vehicle to travel around, and this creates a potential for criminal charges. One of the most common offenses for visitors is DUI, and this offense can also include additional charges for drug offenses and hit and run. When a person is faced with driving under the influence of alcohol or drugs, they are liable to penalties from the state of Nevada and possibly in their home state as well.
Furthermore, a DUI will open an administrative hearing with the Nevada DMV that could possibly lead to the suspension of your driver’s license. Even though you are not required to have an attorney, it is extremely helpful to hire a criminal defense attorney who can represent you at your court hearings. If you fail to show up for your court date, a bench warrant will be issued for your arrest.
It is important to learn about your rights and the options you have to defend yourself from serious consequences in you were arrested in Las Vegas. Regardless of whether you have been charged with assault and battery, drug crimes, disorderly conduct, theft, sex crimes, or any other offense, the defense lawyers from De Castroverde Law Group can help you.
Our firm is comprised of a team of criminal attorneys who truly understand all aspects of criminal law and know the steps to take if you have been arrested in Las Vegas. As a father-son team, we understand the importance of keeping your criminal record clear of serious charges for the sake of your family and your future. We understand that a criminal conviction will affect you back home, and may even cause you to lose your job and your driver’s license, and possibly cause tension between family and friends. As such, we are dedicated to doing everything in our power to protect you from facing these consequences.
One of the primary reasons why visitors come to Las Vegas is to gamble at one of the 122 casinos throughout the area. Nevada has created many laws to regulate gambling, and those who are not familiar with these laws may end up facing criminal charges. Our firm is highly experienced in representing clients who have been accused of failing to pay back casino markers, which is viewed as a similar charge as writing a bad check. Our law firm also defends clients who have been charged with the possession of marijuana, robbery, kidnapping, or using a fake I.D.
No matter what type of criminal misdemeanor or felony charge you may be facing, you can start building an aggressive defense strategy when you call us at De Castroverde Law Group. If you were arrested in Las Vegas, contact our firm today at (702) 383-0606!
De Castroverde Law Group has helped countless clients defend against serious charges, including:
De Castroverde Law Group is dedicated to helping someone like you. Someone who has been criminally charged, who has been arrested or someone who knows that they are under criminal investigation. These are frightening scenarios and are usually accompanied by high levels of stress. If you find that you are in a situation similar to this, we highly encourage you to look around our site. Your Las Vegas criminal attorney can do the following:
Understanding the criminal trial procedures and overall process is crucial when you have been charged in Las Vegas. A trial may seem tidy on television shows, but it is usually a long and technical process which can take months or even years to resolve. There are many aspects to a trial, the first of which is deciding whether the defense wants the trial to be done by judge or jury. If it is to be done by jury, the selection process, known as “voir dire,” consists of the prosecution and defense asking questions to potential jurors.
In a trial, surprises are not allowed. Witnesses must be submitted beforehand, and both parties given the opportunity to question them. Any relevant evidence must also be submitted beforehand and agreed upon by the judge and opponent. Witnesses and evidence can be deliberated, as one party is allowed to argue against something being allowed in trial.
Cross-examination of witnesses happens next, and your lawyer can question the validity of their claims. If they feel that the prosecution has not produced enough evidence to convince a jury of guilt, they can move to have the trial dismissed. If that is not granted, then the defense will have the opportunity to show inaccuracies in the prosecution’s case. After all of this, each side presents closing arguments, and the jury is given instructions before the deliberate everything they have heard. The final step is verdict and, if necessary, sentencing.
Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not guilty plea, in which your attorney will procure evidence and witnesses to build your case.
This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to just think that you did it; the evidence has to be almost overwhelming. If it’s applicable, you and your lawyer will use the alibi defense. If the crime occurred at a certain time or place, and you can provide evidence that you weren’t there. For example, if the crime happened between 9:00 and 11:00 pm, but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.
Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be released from prison after an arrest, and is determined by the judge of magistrate. This release is temporary, and is usually also made under the condition that you will appear in court.
Bail is set based on the nature and severity of the offense for which you are accused. Another thing that the judge considers is the likelihood that you will attempt to leave town or break the law again should you not be in prison. A “bail algorithm” is used which considers several other factors, such as age, health, criminal history and record of failing to appear in court, if one exists. This is done to avoid any accusation of bias against or towards the defendant.
The magistrate has the authority to set a bail amount as they see fit. A person arrested for drunk driving will have their bail determined by how far over the legal limit they were, whether they caused an accident and whether there are any injuries. For all other crimes – from petty theft to murder and everything in between – the bail will be set by a judge. The amount of bail for domestic violence or battery is predetermined by Nevada state law, and depends on whether you saw a judge or magistrate and how long after the crime you were admitted:
$3,000 – If the person has no prior arrests and there’s no reason to believe that the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours, violating a restraining order, stalking or harassment would also receive this bail amount.
$5,000 – If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one previous conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking or harassment.
$15,000 – If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking or violating a restraining order.
Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.
No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all of the rights you as an inmate would have:
Freedom of speech and religion – You still have the right to communicate with family and the outside world, as well as send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk are not allowed to be confiscated.
Medical and mental health care – All of your needs in this regard have to be met. Whether it’s something simple such as asthma and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.
Cruel, inhuman and degrading conditions – This pertains to many things: overcrowding, violence or abuse and mistreatment based on race, gender or religion are against the law.
If you have been incarcerated and you feel your rights in any regard have been violated, seek counsel from an experience attorney. Constitutional rights are extended to all citizens no matter what, so if these protections aren’t afforded to you by the prison officers, you have a right to a lawsuit.