One Possible Crime on a Reservation

One Possible Crime on a Reservation

What you Need to Know about Drug Crime Laws in Nevada

Drug crimes in Nevada can include possession, intent to distribute, manufacturing, or trafficking illegal substances. Nevada recognizes different categories of drugs based upon their properties, and some examples are:Category I: PCP, Ecstasy, heroin and hydrocodone
Category II: Cocaine, Ritalin (used without a prescription) and methamphetamine
Category III: Anabolic Steroids
Category IV: Valium, Xanax, Rohpnol, and Ambien, when used without a prescription

A first-time drug offender is usually charged with a Category E felony, which is punishable by up to four years in prison. Subsequent offenses are subject to being Category D felonies, which can also carry a four year sentence, but may also include a fine of up to $20,000.

Nevada felons may face other sanctions as a result of a drug conviction. For example, they could be prohibited from working in certain occupations or possessing a firearm. It can also be difficult to find employment, and certain volunteer opportunities may be closed to them as well.

If you are accused of a drug crime, help is available from the Potter Law Firm. We’ll carefully examine each piece of evidence to ensure your rights are not violated, helping you maintain your innocence. Contact us today for a free consultation of your case.

An Expungement can Give Nevada Residents New Hope 

There are times when relatively minor acts are the result of poor decision making or immaturity. In these cases, it seems unfair to punish people for their actions indefinitely, especially if they have learned from their mistake. An expungement is available for Nevada offenders who meet certain criteria so that an arrest won’t have to haunt them forever.Expungement refers to the clearing up of one’s record to make it seem as though an offense never happened. There are certain factors that must be taken into account such as:

• The type of offense that was committed
• Whether a sentence was successfully completed
• Amount of time that has elapsed since the offense
• Age of the perpetrator when the act took place

In order to get a record expunged, the individual must first petition the court for relief. He or she must also show the arrest meets all the requirements for expungement, to include any waiting periods spelled out in Section 179.245 of the Nevada Revised Statute.

After an expungement, individuals can legally answer “no” when asked whether they have been previously arrested. There is only one shot at wiping the slate clean, which is why an attorney should be consulted for assistance.

embezzlementFraud Charges in Nevada are Multi-Faceted and Complex 

Chapter 205 of the Nevada Revised Statute deals with crimes against property, to include fraud. Fraud can involve everything from providing false statements to more elaborate schemes that are designed to defraud victims out of large sums of money. The punishment for fraud in Nevada will depend on the nature of the crime, number of victims, and amount of property or money in question.

Defendants face significant jail time and monetary fines for a fraud conviction. Offenses involving relatively small sums of money can be treated as misdemeanors, provided they are first offenses. Second and subsequent offenses tend to be treated more harshly, and may subject the accused to felony charges.

In order to prove fraud, the state of Nevada will have to show that the actor intended to deprive another of property or money. As such, attorneys are sometimes able to defend fraud charges by showing the client did not intend to commit fraud, or was unable to form the requisite intent due to mental illness or involuntary intoxication.

Those accused of fraud should err on the side of caution and speak with an attorney about their charges. Help is available in Las Vegas from the Potter Law Firm.

Order in the courtroomNevada Murder Charges are a Matter of Life and Death 

When someone unlawfully takes the life of another person, murder charges can result. Murder is a heinous crime that is made even more so whenever it is premeditated. As such, Chapter 200 of the Nevada Revised Statute recognizes varying degrees of murder, with different punishments being associated with each one.

First-degree murder is the most serious category, and occurs whenever another lies in wait or otherwise plans a killing. Second-degree murder happens whenever an individual acts suddenly, usually out of anger, and takes the life of another. To be considered second-degree murder, the death should be one that likely would not have happened if circumstances had been different.

The minimum prison term for murder is 25 years; however, individuals are more likely to receive a life sentence. Life with parole is sometimes given as a punishment for second-degree murder, while life without parole is typically handed down for first-degree offenses. The death penalty is also an option whenever a murder involves extenuating circumstances.

Murder charges really are a matter of life and death, which is why every avenue must be explored when it comes to maintaining one’s innocence. Help is available from attorney Cal Potter at the Potter Law Firm.

Man-JailCharged with Homicide? Maintain your Innocence by Seeking Legal Counsel Now 

Homicide in Nevada is described as “the unlawful killing of a human being with malice aforethought.” It does not have to involve the physical act of killing someone, as providing them with a controlled substance in violation of Chapter 453 of the Nevada Revised Statute also qualifies.Malice is a “deliberate intention” to unlawfully take the life of another. The courts prove malice by showing there were circumstances present that indicate the accused had criminal intentions. If malice cannot be shown, the offense can be charged as manslaughter instead.

Regardless of the circumstances, homicide is a serious offense that carries very stiff penalties. Those found guilty of homicide can face life in prison without parole or even the death penalty if certain aggravating factors were present. Some aggravators under Nevada law are a previous murder conviction, more than one murder resulting from the same act, or a killing performed in the act of committing another felony such as an armed robbery.

Homicide charges are brought against innocent people due to eyewitness misidentification, faulty DNA evidence, or police corruption. Since so much is at stake, defendants need a strong attorney such as Cal Potter who will carefully examine every piece of evidence in order to poke holes in the state’s case.

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