Bush of a hempMarijuana has been Grown for 5,000 years. How is Nevada Affected?

Marijuana is a controversial topic right now, both with the legalization of medical marijuana and the legalization of pot. Thirty-two states and Washington, D.C. have passed medical marijuana laws, but the progress for legalization is terribly tangled up because of existing local, state and federal statutes.

Potter Criminal Defense is familiar with the marijuana statutes for the state of Nevada. NRS 453 refers to the illegal use of marijuana, which refers to use of any part of the Cannabis plant including seeds or resin. Pot or marijuana still has variable levels of THC in it, which medical marijuana does not have, so the user cannot get a “high” from it.

Pot is the most widely used drug in the U.S., and statistics show that over 40 percent of U.S. citizens admit to trying marijuana at least once. Many users grow cannabis in their own homes, and though marijuana has always been known as the drug that leads to “hard drugs”, it can’t be proven.

Nevada is no stranger to making marijuana arrests, and has the 19th highest arrest rate. In Clark County, there were over 6,000 marijuana arrests made. Nevada Law still remains strict when it comes to marijuana possession; the charges used are below.

Simple Possession
Felony Possession
Medical Marijuana
Possession to Sell
Trafficking
Cultivation & Grow Houses

If you or someone you know has been arrested on a marijuana charge and are confused about the statutes, contact a drug attorney at Potter Law Firm by calling 702-997-1774, so they can answer your questions and explain your rights.

Tough cowboy aiming two guns on white backgroundThe second Amendment states very clearly in the Constitution of the United States that a citizen has the right to own a firearm for protection. There is much controversy in the news because of recent cases where officers have shot teens, and the issue of the possession of firearms becomes significant. In spite of this disagreement between U.S. citizens and established laws, in Nevada and across the country, it is lawful for a private individual to own a firearm.

The misuse of firearms is a serious offense in Nevada and Las Vegas. A permit is not required to purchase, possess or own a firearm in Nevada, but the individual must have a special permit in order to carry a concealed weapon.

NRS 202.280 states that is against the law to fire a gun in any public place including theatres, hotels, stores or on streets, and there have been recent cases where this has occurred with extremely deadly results. Prison time is with no injuries of deaths is typically 1-6 years involving cases of firing at a building or vehicle or firing from a building or vehicle. If a gun is fired on a public street and no one was injured or killed, firing a gun in a public place could be reduced to a misdemeanor. This is why it is important to speak with a criminal defense lawyer as soon as possible.

If you have been charged with any firearm crime in Nevada, Potter Criminal Defense in Las Vegas will discuss the charges and develop a strategy with your best interests in mind. For a free consultation, call 702-997-1774.


Archbishop Nienstedt Charged with 10 Counts of Sexual Misconduct 

Crimes that involve illicit sex, any sex act that is not consensual, is illegal and listed in statute NRS 179. It includes rape, indecent exposure, prostitution, solicitation or sex acts involving children. Sexual abuse has no boundaries; people from every nationality, age and economic level participate in sex crimes, and in July, another man in ministry was arrested for 10 counts of sexual misconduct.  This was not a local Las Vegas minister, but we certainly have had our share of such cases in our past.In July, an ongoing investigation began with the Pope of St Paul and Minneapolis concerning sexual allegations against Archbishop John Nienstedt. The arch diocese has hired a second criminal attorney, Peter Wold, to investigate further. Results have not been made available. It is apparent that much of this crime has been covered up.

As of November 26, 10 men have come forward accusing Nienstedt of sexual misconduct while they were either in the seminary or serving as priests. This matches statistics, which report that 75 percent of rape victims were sexually abused by people they know. In this case, victims held onto their “secret” until the allegations were out. Statistics show that only 30 percent of sexual assault cases are reported to authorities.

Since sexual abuse is, by nature, a hidden crime providing facts on sexual assault and other forms of sexual abuse is an effective way of raising awareness in the community. Awareness of the facts is a preventative measure that will assist you in making safer decisions. If you have been arrested for sexual assault or any other sex crime in Las Vegas, contact a law firm with experience.

Potter Criminal Defense is available 24 hours a day at 702-997-1774.


casino-marker1Don’t Leave Vegas Without Paying Your Marker 

Millions of tourists come to Las Vegas every year to play the casinos. Nevada is the only state where casino markers are treated both as a civil and criminal crime. State laws have made it difficult for tourist or locals, and the trouble arises when the person tries to leave Las Vegas without paying in their markers. The people who try to get away with not paying their debts will have penalties matching those in check fraud.The reason that fraudulent checks and marker debt cause problems is that typically casinos do not perform detailed credit checks before issuing casino markers. Because of this, customers can go way beyond their marker limit before they are called in, but if you know that there is not enough money in your account, this is considered intended fraud under Nevada law.

Penalties for Casino Marker and Check Fraud

• NRS 616D.300 is defined as “making false statements to obtain benefits,” This is a misdemeanor, but has higher penalties if charged as a felony.
• NRS 205.090 is defined as forgery using counterfeit records with the intent to defraud. Penalties include one-four years in prison and fines up to $5,000. This is a category D felony, and often has Identity theft and misrepresentation of asset charges with the forgery charge.
• NRS 205.380 explains obtaining money by false pretenses. Trickery is used to obtain money from people. This is a misdemeanor with a $250 fine.
• NRS 205.130 defines writing a bad check because a casino marker is similar to a bad check and can refer to casino markers.

Having an experienced criminal lawyer from Las Vegas is beneficial to managing the case. There are options available to deal the charges.


A Concealed Motive Defines Criminal Conspiracy 

Criminal Conspiracy is more involved in crimes in Las Vegas than you think, but it is often ignored when concealed by other charges. The definition of this charge is found In NRS 199.480, which states that a conspiracy is an agreement between two individuals to commit any of the following crimes: murder, robbery, arson, kidnapping, racketeering or sexual assault.

This statute also states that it is considered criminal conspiracy whether the act is legal or illegal. If there is a criminal purpose or motive behind the act that is being committed, it is punishable by law and can lead to severe punishment.

If you have been charged with criminal conspiracy, you could be tried and found guilty of a category B felony, which requires incarceration for one to six years in prison. If the alleged offense was a conspiracy to commit murder, the one charged could be found guilty of a category B felony, and the penalty would include a prison sentence of two to ten years and/or a $5,000 fine.

Criminal conspiracy is a serious charge. In order to have a fair trial, the defendant needs a knowledgeable and experienced criminal defense lawyer to represent him/her in court. Potter Criminal Defense in Las Vegas is experienced in all types of criminal defense cases, and their fully staffed law firm is committed to the best interests of their clients.

For a free consultation, simply call Potter Law Firm at 702-997-1774, and schedule an appointment to meet with a criminal defense attorney to discuss the details of the arrest. The lawyer will explain your rights and develop a plan of action that would best benefit you.

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