angry businessmanObscene Phone Calls Can Land People in Hot Water

Telephones, and cell phones in particular, are wonderful inventions. They enable us to stay in touch and to call for help when it matters most. However, telephones may also provide a means of reaching out to someone who would rather not be contacted.NRS 201.255 deals with obscene, threatening or annoying phone calls. Under Nevada law, this type of contact is a form of harassment. Fines and jail time may be the result if someone is convicted of making obscene calls.

While the First Amendment promises Americans the freedom to express themselves, there are limits on that freedom. For instance, speech that threatens or harasses another person is not protected by the First Amendment and thus may be prosecuted by the state of Nevada. NRS 201.255 speaks specifically to the misuse of the telephone. It prohibits the use of obscene, threatening or annoying speech.

NRS 201.255 becomes complicated because it isn’t always easy to determine exactly what constitutes obscene speech. Certain conditions have been set, such as the communication lacking literary or scientific value and the fact that an average person in the community might find such speech objectionable, but these standards are open to wide interpretation.

This means that a Nevada criminal defense attorney has many potentially successful defenses that can be argued in obscene phone call cases. Contact the Potter Law Offices in Las Vegas to learn more.


Young mother breastfeeding a baby in naturePublic Breastfeeding Is Legal in Nevada

The ongoing discourse on public breastfeeding is filled with vitriol, but Nevada law is clear. According to NRS 201.232, Nevada mothers are permitted to breastfeed in public, but they must take care to avoid allegations of indecent exposure.

If someone sees a mother breastfeeding her child and takes offense, they may feel obliged to alert authorities. However, the complaint is likely to get little attention unless it can be proved that the mother exposed her breast for an unnecessarily long time. Frequently, indecent exposure charges related to a woman breastfeeding her child are merely the result of a misunderstanding. Nonetheless, it can prove valuable to retain a criminal defense attorney to help explain the situation and resolve it quickly.

The Nevada legislature took a stance on public breastfeeding in 1995 when it passed Senate Bill 317. This bill acknowledged the mother’s right to breastfeed her child wherever she had a right to be. Despite the clarity of this law, misunderstandings still happen. A woman who is charged with indecent exposure may be sentenced to spend almost a year in jail and have to pay fines of up to $2,000. The consequences are even more serious for a subsequent offense.

Breastfeeding mothers shouldn’t have to face indecent exposure charges on their own. The criminal defense attorneys at the Potter Law Offices stand ready to uphold the rights of Nevada mothers.


Finger a present to the red lipsConspiracy Charges in Nevada

Most people don’t realize that conspiring to commit a crime is a punishable offense, even if the crime never happens. Conspiracy, as defined by NRS 199.480, involves “an agreement between two or more persons for an unlawful purpose.” Because these agreements frequently are only oral, it can be hard for the state to prove a conspiracy existed, particularly if no crime ever followed the agreement.

Because there is often little or no evidence of a conspiracy in Nevada, the prosecution generally relies on the conduct of the parties. However, behavior can be attributed to a number of different motivations, many of which have nothing to do with a criminal conspiracy. A Las Vegas criminal defense attorney has many defenses at his disposal. The most commonly used of these is the argument that there was no agreement. Essentially, it’s not considered conspiracy to have knowledge of an agreement to commit a crime or to merely discuss making an agreement to commit a crime. Unless the prosecution can prove that there actually was an agreement, they likely won’t win their case.

Nevada criminal defense attorneys can also argue that there is insufficient evidence to convict or that the evidence that exists is not admissible. A defense attorney may be able to have evidence suppressed in this situation. Call the Potter Law Offices to learn more about defenses to conspiracy charges in Nevada.

Policeman in uniform with sunglasses on gray backgroundDefenses to Charges of Impersonating an Officer

It’s something that’s frequently seen in the movies and on television. A character impersonates a police officer or other public official in order to gather information or to fulfill some nefarious purpose. Sometimes it’s played for laughs.

However, someone who impersonates a police officer in Nevada may find themselves charged under NRS 199.430. Under this state law, any person who presents themselves as an armed forces member, a police officer or judge but does not hold one of these positions may be charged with a crime. It isn’t necessary for the person to be dressed like one of these officials. If they present themselves in one of these capacities with the intent to injure or defraud, they may be booked on charges under NRS 199.430.

Impersonating a police officer in Las Vegas can carry penalties of fines and jail time. Fortunately, several defenses are available. A qualified Nevada criminal defense attorney like the practitioners at Potter Law Offices can point out the flaws in the prosecution’s case. For instance, maybe the courts just don’t have enough evidence to pursue a conviction. An experienced Las Vegas criminal defense attorney can convince a jury that reasonable doubt exists, thereby undermining the state’s case. Perhaps you were even falsely accused. A vindictive acquaintance may have made the accusation as a means of revenge. With the right criminal defense attorney those charges won’t stick.

spiking a drink with a drug (Ruffee, Rohypnol)A Date Rape Conviction Means Registering as a Sex Offender

Anyone who’s ever been single knows how tough the dating world is. It seems like the rules of etiquette are constantly shifting. Is it still ok to pick up your date at her house or are you supposed to meet somewhere public? Once you do get out the door, who’s paying? Most of these questions can be answered quickly, easily and with only a minimum of awkwardness. However, what happens when someone claims that they were raped on a date?

NRS 200.366 is Nevada’s date rape law. Typically, the term “date rape” refers to circumstances in which two people are interacting socially when one forces the other into performing sexual acts. Most often date rape is alleged when the female tells her partner no, but he continues with the act. Other times the girl is drugged using a substance like Rohypnol. The male commits the unwanted sexual act while the female is unconscious.

Nevada law takes date rape very seriously. In fact, it’s possible to end up serving a life sentence depending upon the circumstances. Moreover, the person who is convicted of date rape will probably have to register as a sex offender for the rest of their life.

Several defenses are available to people accused of date rape in Las Vegas. Call the Nevada criminal defense team at Potter Law Offices for astute, well-reasoned defense against date rape charges.

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