Potter Criminal Defense Attorneys 2014-12-19T03:54:29Z http://pottercriminaldefense.com/feed/atom/WordPress aa110potter <![CDATA[Marijuana in Las Vegas]]> http://pottercriminaldefense.com/?p=3848 2014-12-13T03:55:35Z 2014-12-19T03:54:29Z 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
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.

aa110potter <![CDATA[Gun Laws and Rights in Las Vegas]]> http://pottercriminaldefense.com/?p=3846 2014-12-13T03:52:52Z 2014-12-17T03:50:51Z 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.

aa110potter <![CDATA[When Sexual Misconduct Hits the Church]]> http://pottercriminaldefense.com/?p=3843 2014-12-11T02:00:35Z 2014-12-16T01:56:02Z 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.

aa110potter <![CDATA[Leaving Las Vegas Without Paying Your Marker? Think Again…]]> http://pottercriminaldefense.com/?p=3831 2014-11-13T15:33:19Z 2014-12-15T15:28:50Z 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.

aa110potter <![CDATA[Criminal Conspiracy Charges in Las Vegas – More of an Issue than you may Think]]> http://pottercriminaldefense.com/?p=3841 2014-12-10T18:54:45Z 2014-12-14T18:52:52Z 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.

aa110potter <![CDATA[Your First DUI Charge in Las Vegas?]]> http://pottercriminaldefense.com/?p=3839 2014-12-10T18:52:04Z 2014-12-12T18:50:04Z iStock_000016224740SmallFirst DUI – NRS 484 
When a driver is charged with their first DUI in Nevada, if there are no serious injuries or death the charge is typically a misdemeanor, and, if there are no other charges on their record, they will have some bargaining power with the judge.

• If you were given a breath test to determine how much alcohol was in your system when you were arrested, you only have seven days to request a DMV hearing or your license will be revoked or suspended. Obtaining a DUI lawyer first is beneficial because the DUI lawyer will file the request and represent you at this administrative hearing.

The Nevada Department of Motor Vehicles automatically imposes a three month suspension of the defendant’s driver’s license, but after 45 days the DMV will offer a restricted license, and your DUI lawyer will help with this. They will also work to see if they can reduce the sentence to reckless driving. This is beneficial in several ways.

  • A reckless driver conviction is a driving offense, so the stigma of a DUI will not be seen by employers or others who make inquiries into your record.
  • If arrested again for another DUI, it will not show as a second DUI, which has harsher penalties.
  • A reckless driving conviction adds eight points to the driver’s license, but is not suspended.
  • A reckless driving conviction may be expunged after two years; first DUIs must wait seven years.

To discuss the charges of the arrest, contact an experienced defense lawyer at Potter Criminal Law Firm in Las Vegas. Schedule a free consultation at 702-997-1774. 

aa110potter <![CDATA[Dealing With Theft Charges in Las Vegas]]> http://pottercriminaldefense.com/?p=3829 2014-11-13T15:26:58Z 2014-12-10T15:24:29Z embezzlementThere are Different Theft Crimes in Nevada 
In Nevada, theft is a charge that carries many definitions and extensive penalties, so it is imperative if you have been charged that you are working with an experienced, competent attorney. Theft is typically defined as taking another person’s property unlawfully, without their consent and with the intention of depriving this person permanently of that property.

Recognized Theft Crimes in Nevada

Here is a sample of theft crimes in the Nevada code: Petit Larceny, Grand Larceny, Grand Larceny auto, Burglary (NRS 205.060), pick-pocketing, shoplifting, robbery (NRS 200.380), fraud, identity theft, embezzlement and car jacking. Depending on the value of the items stolen, the theft could be a misdemeanor or a felony, and the range of punishments will increase if a weapon was involved or a person was injured during the crime.

Defenses used in Theft Crimes

With so many levels of theft crimes, it is always possible, with the right attorney, to get the charges reduced. Here are some efficient defenses.

• Lack of Intent – shows that the defendant actually did not intent to keep the property.
• The property was given to the defendant.
• The property was really the property of the defendant.
• The property was not taken at all.

Identity Theft

Identity theft is the most recent kind of theft, and it involves “stealing” a person’s identifying information from public records. The person’s personal information is taken and used for their own gain. Identity theft or identity fraud is “stealing” the victim’s information to misuse as they will. (205.4615, 205.4617, 205.4629, 205.463, 205.464, 205.465.)

In Nevada, identity theft is more severely punished for these reasons.

1. The victim is over 60 years of age.
2. The crimes caused financial loss of over $3,000.
3. The victim is disabled in anyway.

Please call the Potter Criminal Defense team if you are dealing with any form of theft charges to defend your legal rights!

aa110potter <![CDATA[Medical Marijuana vs Possession]]> http://pottercriminaldefense.com/?p=3826 2014-11-13T15:22:58Z 2014-12-08T15:18:10Z Bush of a hempMedical Marijuana vs. Possession of Marijuana

Medical marijuana and the possession of marijuana are not related in the eyes of the law. Medical marijuana has had the THC removed, so the user does not get a high from using it. It reduces chronic pain, and must have a prescription from a physician to be purchased.

So, don’t be confused about the use of either kind marijuana. Many believe that because they are in a “party town” they have a free license to use. The truth is that prosecutors in Nevada tend to be lenient concerning those arrested with less than an ounce. They have come to believe there is no reason to send an offender to jail for a small amount of their own personal use.  Just because they may be lenient, does not mean it is legal or there are no consequences.These are the penalties for possession of marijuana under an ounce.

• The penalty for a first or second offense is a fine of $600- $1200 and required to attend a drug treatment program. NRS453.3363, NRS 453.580; a misdemeanor.
• For a third offense the charge would be classified a gross misdemeanor with fines up to $2,000, and up to a year in Clark’s County jail.
• A fourth offense would be a category E felony. At this level, the judge may require up to $5,000 in fines and one-four years in prison. NRS193.130

If you are awaiting conviction on possession of any amount, it is absolutely crucial that you obtain an experienced criminal defense lawyer to aggressively negotiate in court. It is impossible to handle on your own. With arrests of more than an ounce, the penalties are category D felonies, with prison time as high as four years, and up to $20,000 in fines. A professional lawyer may be able to have the punishments lowered considerably.

The Potter Criminal Defense team are experts when it comes to dealing with those charged with possession of marijuana.
aa110potter <![CDATA[Do I Need a Criminal Defense Attorney?]]> http://pottercriminaldefense.com/?p=3816 2014-11-10T20:27:31Z 2014-12-06T20:25:35Z OverviewWhy Do I Need a Criminal Defense Lawyer?
Anyone charged with a serious crime is going to want to have the best criminal defense lawyers on your side. A courtroom can be intimidating especially if you are completely familiar with the system. The legal system is designed for lawyers, so it makes it impossible to defend your own case though you have seen it done on TV.The most effective and efficient criminal defense attorneys are experienced in identifying certain arguments and facts in the case that will lead the defendant away from the potential sentence. This type of strategic representation is what you are looking for.Here is a list of ways a criminal defense attorney will lead the case.

• They work to negotiate beneficial plea bargains.
• Provide the defendant with reality checks and assessments during the trial.
• Lawyers are paid to know all of the details and intricacies of the law. This is extremely helpful because one may help reduce the charge.
• They will navigate the paperwork through the system, and lawyers often receive preferential treatment in court appearances, etc.
• Lawyers often work in teams, so they have investigators, paralegals and secretaries to provide information quickly.
• They can find expert witnesses to represent certain areas of the case.
• A lawyer has represented similar cases.
• They can help with sentencing in the event that the judge’s decision is not innocent. A lawyer is familiar with the judicial and drug treatment system in Las Vegas, so they might be able to have a prison sentence adjusted.

Don’t risk the outcome of your charge. Contact the office of Potter Law Firm, and schedule a free consultation to discuss the details of the case and your rights in this situation.

aa110potter <![CDATA[Las Vegas Drug Possession Charges]]> http://pottercriminaldefense.com/?p=3812 2014-11-10T20:24:08Z 2014-12-03T20:22:59Z iStock_000009178687XSmallNevada has High Penalties for Drug Possession

Drugs and crime feed upon each other; the more drugs, the more crime results to pay for those drugs. The type of drug, from marijuana to meth creates a craving for more, so more crime has to be committed to support the habit.

If you have been charged with a drug offense in Nevada, an experienced criminal defense lawyer like the Potter Defense Firm is needed to lead the defense.

If the drug confiscated is GHB, heroin, LSD, cocaine or ecstasy, it is classified as a Schedule I or II drug and is found in the Nevada statutes NRS 453. Here are the penalties for drug possession.

1. First conviction would be a category D felony, which would include one to four years in prison and fines up to $5,000 depending on the amount and the intent to sell.
2. A second conviction of possession of a controlled substance with the intent to sell can result in a category C felony. This is punishable by one to five years in prison and fines up to $10,000.
3. A third conviction of drug possession for sale results in a category B felony punishable by three to fifteen years in prison and a fine up to $20,000.

If arrested with Schedule III, IV or V drugs, such as codeine, Xanax, Valium or cough suppressant there are equally serious punishments.

• A first or second conviction for possession of a controlled substance with intent to sell can result in a category D felony, which is punishable by 1 to 4 years in prison and/or a fine up to $10,000.
• A third or subsequent conviction for drug possession with intent to distribute can result in a category C felony, which is punishable by 1 to 5 years in prison and/or a fine up to $10,000