iStock_000016224740SmallDUI Consequences in Las Vegas, NV

Driving the streets of Las Vegas, the average driver doesn’t think twice about the consequences of driving under the influence of drugs or alcohol because they would never dream of getting into a vehicle while intoxicated. In the state of Nevada, 9746 drivers were arrested for DUIs last year and the numbers continue to rise. During the same year, 121 fatal accidents were attributed to DUIs.

Las Vegas is liberal in the sale of alcohol, but they also adheres to the strict penalties of a DUI arrest. Here are the penalties for DUIs.

1. First offense: misdemeanor
Up to 6 months in jail, Nevada DUI school, fines up to $1,000 plus court costs, drug abuse treatment program, 90 days suspended driver’s license, and if the BAC was .18 or more, a Interlock Device must be added to the vehicle for 12 months to 36 months.

2. Second offense: misdemeanor
Mandatory 10 days to 6 months in jail, fines up to $1,100, alcohol/drug dependency evaluation and program, DUI court, one year suspended driver’s license, Interlock device added to the vehicle for 12 months to 36 months.

3. Third Offense: category B felony
Held in Nevada prison for one to six years, fines from $2,000 to $5,000, Victim Impact Panel, Interlock device added to the vehicle for 12 months to 36 months, three years driver’s license suspension and an alcohol and drug evaluation and program.

If a car accident occurred during this DUI that caused injury or death, the defendant will face more serious consequences, so if you has recently been charged with a DUI, our DUI lawyers can help. Experienced counsel can help to avoid the severe consequences.

drug_crimesPrescription Abuse in Nevada is Rising

The abuse of prescription pills has been on the rise for several years in Las Vegas. The Las Vegas Sun reports that along with the skyrocketing use of painkillers, there is an increase of fatal overdoses.

Prescriptions Drugs Related to Rise in Suicide

The number of suicides attributed to prescription drugs is similar to the number of fatal deaths with firearms or car accidents with over 300 per year. The Sun studied the prescription drugs data from the Drug Administration, and they discovered that Nevada presently ranks fourth in the nation in the use of methadone, morphine and oxycodone.

Young people now use hydrocodone, which is the main ingredient in oxycontin more than any other painkiller. The Nevada statute 453.128 legally defines a prescription as an order given specifically to the individual for whom it is prescribed from a licensed physician, dentist, optometrist, veterinarian, advanced registered nurse or their assistants.

DUI and Prescription Drugs, NRS 484

The reason a statute has to be so detailed is because law enforcement needs the definition in order to charge someone they have arrested. Other statutes for possession or the intent to distribute are also defined precisely. Here is an example: most people know that driving while under the influence of alcohol or illegal drugs leads to being arrested for DUI, then convicted, if the driver is under certain medications prescribed from the doctor, the patient can be convicted of a DUI with Prescription Drugs.

Of course, adding alcohol magnifies the effect, and the charge would then be a DUI misdemeanor or felony under NRS 484. The most common prescription drugs abused are Loritab, Vicodin, Lorcet, Hydrocodone, Codeine, Oxcontin, Demerol, Ambien, Percocet and Lunesta.

This is a serious charge, and an experienced criminal defense lawyer is needed for a solid defense.

OverviewDomestic Violence Differs From Stranger Crimes 

Have you been charged with domestic violence? This crime includes several different types of violent crime within the home and family, such as spousal abuse and child abuse. Potter Criminal Defense Lawyers handle all domestic violence charges in the state of Nevada with dedication and experience, and in defense of the one arrested, they often find they have been wrongly accused by jealous spouses, girlfriends or boyfriends.Anger can also be misdirected when the police are called, but with when the case is investigated, the parties are able to put up a defense.Depending on the type of domestic violence, there is a variety of penalties the judge may impose on the defendant. They include the following.

• Probation
• Fines
• Restraining orders that come between you and your children.
• Incarceration
• The negative impact on the legal record of the one convicted, and this is very significant punishment because the record remains for life. When convicted, it might be difficult to find employment or housing, and anyone can use the Internet to obtain a simple background check, which shows all arrests on state background checks.

Domestic Charges Destroy the Home 

Violent abuse inside the home is different from a random burglary where the participants don’t know each other. Domestic violence is about the control that one person has over the other and they are interconnected both emotionally and physically.

The US Department of Justice reports that women make up 85 percent of domestic violence victims, and the statistics show that this crime in rising in Las Vegas. . No one wants to see a family torn apart, and our lawyers will investigate the charges and give the best possible advice for a solution.

If you have been charged with domestic violence, you need professional legal help.  Give us a call to ensure your rights are protected.

embezzlementNevada Views Shoplifting as Serious Larceny 

Shoplifting may sound like a trivial crime involving someone stealing items in a retail store, and is often referred to as a “five finger discount.” The legal definition of shoplifting in Las Vegas describes a person who intentionally steals store property, and it is taken seriously in Nevada. Larceny is the legal name, and there are two statutes used in the Nevada legal system.

• NRS 205.220 is the statute for “grand larceny,” which means that the thief was arrested with $650 worth or more of property.
• NRS 205.240 is used if the value is under $650 and is called “petty larceny.”

If someone has been charged with a shoplifting offense, in a Nevada store, it is not a light offense. Las Vegas Police prosecute according to the value of the stolen merchandise.

If you or someone you know has been arrested for shoplifting, you need to obtain an experienced criminal defense lawyer like Potter Criminal Defense Lawyers to handle your case. A lawyer who has the knowledge and experience of handling larceny cases has numerous defenses to use in your defense.

Here are several defenses that can be used.

1. The property was not stolen, it was already yours. The most significant argument is that the items in question were already paid for.
2. Mistaken identity. If the lawyer can prove that the storeowner was mistaken on the identification of the shoplifter.
3. The shoplifting conviction in Nevada is reliant on the intention of the individual to permanently steal the items from the establishment. If the attorney can prove beyond a reasonable doubt that the defendant was going to return them, then the case can be dropped.

If you have been charged with shoplifiting in Las Vegas, give the Potter Criminal Defense lawyers a call today!

AThere is a Difference Between Assault and Battery

Most people do not know the difference between assault and battery. A battery charge is when the aggressor is actually striking a person, and there are different types according to the intensity of the act. (NRS200.481) Assault is threatening to hurt or kill another person.

Battery is also defined as having the intent to harm with violence, and the different types of battery include misdemeanor, domestic violence, using a deadly weapon and causing substantial harm. When battery is directed towards certain professions, such as police officers, taxi drivers, judges, firefighters, school employees or healthcare workers the penalty can be increased.
Defenses an Experienced Lawyer Could Use to Reduce Charges
There are certain defenses that an experienced criminal defense attorney can use to reduce the penalties and sentencing for their client. Experience with assault and battery cases allows lawyers to have several options in defending their clients. Here are four possible defenses.• The actions were in self defense
• The assault was carried out with the consent of the victim
• The injury caused was not intended
• The defendant did not believe the actions would cause injuries.Actual Battery Incident in Las Vegas

Flavor Flay, the rap artist, was arrested and charged for assault with a deadly weapon and battery. William Drayton or Flavor Flay was in an argument with his fiancé, and he threw her to the ground several times. Then he chased his stepson and daughter through the house with two knives. He made threats to his fiancé’s son, and he faces 30 years because of prior violence charges. Flavor Flay was put in jail and had a $20,000 bond for assault and a $3,000 bond for battery. If you need to discuss assault or battery charges you may be facing, contact the Potter Law Firm.

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