Reno Criminal Attorney Blog

A domestic violence charge in Reno is a serious criminal charge that can result in jail time, job loss and the inability to own firearms or hold certain jobs, particularly for members of law enforcement or those in the military. Such charges are frequently lodged in the midst of a contentious divorce or child-custody case and can influence your ability to see your children or even return home.

Contacting a Reno domestic violence defense lawyer is critical to protecting your rights and your reputation if you have been charged with domestic battery or domestic violence in Reno or the surrounding area.

The Nevada Attorney General's Office recognizes domestic violence as violence involving intimate partners or family members. This may include a spouse or girlfriend, a child, a parent, a former mate, a sibling or an extended relative, such as a grandparent, aunt, uncle or cousin. Domestic violence is taken particularly seriously by law enforcement because of the often dependent nature of the victims. Domestic violence in Nevada may take many forms, including:

-Spousal Abuse

-Rape/Sexual Assault

-Child Abuse

-Elderly Abuse

-Stalking/Cyber Stalking

Too often, the mere allegation of domestic violence is enough to harm a defendant's reputation at work and his relationship with family and friends. Additionally, a Temporary Protective Order (TPO) may be issued without evidence and without the opportunity to defend yourself. Such an order can prevent you from returning home and may even keep you away from your children. At this stage, a vigorous defense will need to be mounted to prevent the issuance of an Extended Protection Order (EPO).

Penalties for a domestic violence conviction in Nevada:

-Two days to six months in jail
- 6 months of counseling
- Fines and Court Costs
- Probation and Community Service
- Protective Order

A second conviction will result in at least 10 days in jail. Under Nevada law, a third conviction for domestic battery or domestic violence is a felony and carries a mandatory one-year prison sentence.

Having a felony conviction on your record can lead to all sorts of consequences, including the inability to hold certain jobs or even rent an apartment or travel out of the country. For instance, Canada does not permit those with a felony record to visit that country.

A domestic violence charge in California may also be either a misdemeanor or felony. In that state, the decision is left up to the prosecutor. Misdemeanor domestic violence in California will result in a sentence of up to 6 months in jail, a year of counseling and 40 hours of community service. A felony conviction will result in 90 days to three years in prison, a year of counseling and 40 hours of community service. Either conviction will result in hefty fines, court costs and a no contact order with the victim.

Continue reading "Reno, Nevada domestic violence charges carry possibility of felony conviction" »

A Nevada man has been charged with DUI in Reno and child endangerment for allegedly driving while high on prescription drugs with his 1-year-old child in the car, the Reno Gazette-Journal reported.

He was booked into the Washoe County Jail on Friday on suspicion of child endangerment and driving under the influence of drugs. Reno police say they received a call about 10 a.m. about a driver traveling the wrong way down the street near the Moana Lane ramp from U.S. 395.

Witnesses said the driver struck several curbs and police officers arriving on the scene reported seeing the defendant strike several parked cars. Police say they determined the driver was under the influence of prescription drugs and he was taken into custody. The boy's mother took custody of the infant, who was not injured.

A Reno DUI defense lawyer should be consulted whenever a defendant is facing a drunk driving charge. In cases where prescription drug use is alleged, we will investigate whether a blood test was conducted or what other evidence police are citing in making such accusations. It will be up to the state to prove this case; failure to do so will result in a reduction or dismissal of the charges. Drunk driving charges are often defensible. That can be particularly true of charges that allege drugs were responsible for impairment; such cases can be very difficult to prove.

Additionally, it will be important for an attorney to aggressively fight the child endangerment charge and to make sure the client's rights are protected when dealing with the child welfare agencies. Failure to aggressively fight these charges, or to comply with necessary terms of the bureaucracy, can seriously impact your parental rights and may result in long-term involvement of child welfare authorities in your affairs.

Continue reading "DUI charges involving drugs always require an aggressive Reno defense attorney" »

Kidnapping and sexual assault charges in Reno are pending against a man who allegedly assaulted two pedestrians on Saturday morning, the Reno Gazette-Journal reported.

Just days after being released from jail, authorities say the suspect accosted two women on South Virginia Street on Saturday morning. One woman reported being sexually assaulted, while the other woman managed to escape after being dragged several feet. The defendant was captured at home on Brinkby Avenue about six hours after the attack. Police relied upon the man's description -- and a description of a gray Kia with a California license plate -- to track him down and make the arrest.

After a victim identified him in a photo line-up, investigators used search warrants to search his home and vehicle. He was in Washoe County Jail this week in lieu of $100,000 cash bond on suspicion of two counts of attempted sexual assault, two counts of first degree kidnapping and sexual assault. Police say he had just been released from jail after serving 113 days for drunken driving and failure to appear in court.

The media reports the defendant has been arrested several times a year for more than a decade. In 2008, he was twice arrested for sex offenses. Neither case was charged in district court.

A Reno defense lawyer will work to prevent his prior record from being used against him and will likely challenge the allegation that either woman was kidnapped. It may also be beneficial for the defendant to undergo a mental health evaluation; despite what we see on television, sexual assaults by strangers in the manner alleged in this case are a rare occurrence.

Continue reading "Kidnapping & sexual assault charges in Reno alleged after pair of women report attempted abductions" »

A Reno man is in jail on $1 million cash bail after allegations that he sexually assaulted his girlfriend's daughter, the Reno Gazette-Journal reported.

In this case, the alleged victim was under the age of 14. The 44-year-old defendant, who authorities say is a convicted sex offender, is charged with sexual assault of a child under 14, assault with a deadly weapon and domestic violence.

Sex crimes are among the most emotionally charged cases a Reno criminal defense lawyer handles. Too often, even family members and friends may be prone to believing a defendant is guilty simply by virtue of being charged. And, as this case illustrates, being labeled as a sex offender can have long-lasting implications and can even increase the penalties of a subsequent violation.

Under Nevada Law, sexual assault of a child under 14 is punishable by a sentence of life in prison. Life without parole is possible in cases where the defendant has a conviction for a prior similar offense.

The penalty for sex crimes involving children ages 14 and 15 depends upon what is alleged by the charges. For example, statutory sexual seduction (statutory rape), is punishable by up to 5 years in prison if the defendant is over the age of 21 and up to 1 year in jail if under the age of 21.

The legal age of consent in Nevada is 16.

In this case, Reno police allege the abuse occurred during the first three weeks of June. Authorities report that the defendant is a Tier-2 sex offender, which means he was assessed by authorities as having a moderate risk of committing sex offenses. Records indicate he was convicted in 2001 of attempted sexual assault with a deadly weapon.

The fact that the defendant was convicted of "attempted" assault a decade ago, means he could face life without parole if convicted of sexual assault of a victim younger than 14.

Continue reading "Man charged with sex crime involving victim under 14 in Reno; could face life in prison" »

The Reno Gazette-Journal reports lawmakers intend to push for harsher drunk driving laws and stiffer penalties during the 2011 legislative session.

The penalties for drunk driving in Nevada continue to get harsher with each year and the tolerance of law enforcement is essentially non-existent. The result is many marginal cases where a motorist is arrested and charged under questionable circumstances. Hiring a Reno drunk driving defense attorney is a vital step in protecting your rights regardless of the circumstances of your Nevada drunk driving arrest.

Lawmakers and safety advocates are now pushing for mandatory ignition interlock devices for all convictions -- a system that requires a convicted drunk driver to blow into a machine before his or her car will start. The Gazette-Journal claimed during a series of articles that not enough judges were requiring the devices for all offenders. Ignition interlocks are just one of the many ways a DUI conviction will impact a defendant's life. Job loss, jail time, thousands of dollars in court costs and fines, probation, treatment, loss of drivers' license and a criminal record are other frequent consequences of a DUI conviction in Nevada.

Another debated requirement would lower the threshold for mandatory psychological evaluations from 1.8 to 1.5 blood-alcohol level. And higher fines are being considered and are a virtual certainty in these tough economic times with state and local governments looking for every dime. Currently, first-time offenders face fines of up to $1,000.

Hiring and experienced drunk driving defense lawyer in Reno can often result in a reduction or dismissal of drunk driving charges. Probable cause for the car stop and the results of field sobriety tests and breathalyzer examinations will all be taken into consideration by a DUI defense lawyer, who can then speak with you about the best course of action in your case.

Frequently, motorists think that field sobriety tests are used by an officer to determine whether or not they are intoxicated and that passing the exam will permit them to go on their way. This is rarely the case. Typically, an officer has already decided to charge you with drunk driving and is simply attempting to collect evidence of your guilt. The results of field sobriety tests are nothing more than an officer's opinion of whether or not you were intoxicated as he seeks evidence of the fact that ... you were driving intoxicated!

Keeping a DUI off your driving record is more important than ever before. And the best defense against a Reno DUI charge is an aggressive offense.

Continue reading "Reno drunk driving charges require an aggressive defense in the face of increasing penalties" »

Two men changed their pleas this week to criminal charges in Reno that accused them of shooting five wild mustangs, the Associated Press reported. The case sparked outrage and prosecutors reported receiving thousands of e-mails from around the world.

While outside factors such as publicity are not supposed to influence a case -- juries are specifically told to ignore it and are questioned about what they may have heard before being selected -- the reality is that such factors frequently do influence every aspect of a case. Prosecutors can be less likely to make a deal. And judges can be more likely to issue harsher sentences. Hiring an experienced Reno defense lawyer can help ensure a defendant's rights are protected.

The defendants, ages 36 and 45, admitted in court to drinking and using "poor judgment" when they shot the horses with an AR-15 semiautomatic assault rifle near the Nevada-California line in November. Prosecutors offered no plea-bargain and intend to seek the maximum penalty of one year in jail and a $100,000 fine. The men are scheduled to be sentenced on Sept. 14.

"The intentional and malicious harassment, abuse and killing of federally-protected wild horses should not and will not be tolerated," said Dan Bogden, U.S. attorney for Nevada.

The two men admitted to a U.S. magistrate that they shot the horses about 150 miles northwest of Reno, a violation of the Wild Free-Roaming Horses and Burros Act of 1971. One of the defendants said they were looking to do some trapping when they came across the horses in the rugged desert rangeland on the edge of the Sierra Nevada. An Assistant U.S. Attorney said the men shot into a herd of 8 to 10 horses, killing at least four.

Prosecutors reported receiving about 24,000 letters and e-mails of outrage from people all over the world.

The men were charged in January with "maliciously causing the death of a wild horse" after the U.S. Bureau of Land Management offered a $10,000 reward and the Humane Society of the United States added $2,500.

Some advocates criticized the government for only charging the men with killing one horse. Prosecutors said the single charge was because of problems proving which man shot which horse.

Continue reading "Mustang slaughter leads to criminal convictions in Reno" »

A 45-year-old man is facing burglary charges in Reno and a host of other violations after authorities accused him of preying on elderly residents by posing as a handyman, according to the Reno Gazette-Journal.

In this case, a Reno criminal defense attorney will likely argue that the defendant broke no laws that require he operate as a licensed contractor because he hired out to complete tasks for less than $1,000, which the law permits be handled by handymen without a contractor's license. The news report did not indicate whether police have any evidence that he was involved in stealing items reported missing from several homes.

The man approached elderly residents on his bicycle and offered to do odd jobs and maintenance work for a good price. But police allege that the tree trimming and roof work he started was never completed and that check books and personal items often disappeared from the homes of his customers. He is accused of fraudulently obtaining thousands of dollars from residents. Investigators say he worked Northwest Reno neighborhoods and was paid up front by cash or check. He did not have a contractor's license and allegedly used forged documents regarding special equipment he had rented to complete the work.

The man was booked into the Washoe County Jail on several counts of obtaining money under false pretenses, burglary, possessing and receiving forged documents, engaging in business without a license and elderly exploitation. He remained in jail on a $31,000 bond and is accused of defrauding three people.

The "Prowling Hanyman" was featured as one of Northern Nevada's Top 10 most wanted by the state contractors board for working as an unlicensed contractor. Most of his 15 arrests since 2005 were for warrants charging him with failure to pay restitution. However, law enforcement in this case reports that the defendant charged less than $1,000 to complete jobs -- the threshold under which handymen are legally allowed to operate.

Continue reading "Handyman facing Reno burglary charges in connection with alleged scam of elderly" »

In Reno and elsewhere in Nevada, a person accused of driving under the influence of alcohol or other controlled substances ("DUI") may face either misdemeanor or felony charges. Both of those involve consequences such as jail or prison time, fines, and suspension of the driver's license.

Arrests for DUI often occur after drivers have either been stopped by police for traffic violations or been involved in a traffic accident. If the police suspect DUI, they will give the driver one of several kinds of tests intended to measure blood-alcohol level; the initial test is likely to involve a breathalyzer.

A driver may be charged even if his or her blood alcohol level was lower than 0.08 (the legal limit in Nevada), if the police can show that the person could not drive safely or maintain control because of the alcohol or drugs consumed.

Any conviction for DUI will lead to the suspension of the driver's license--from 90 days for a first conviction, up to 3 years for felony DUI convictions. Drivers may ask for a DMV hearing to contest their suspension, or, in some circumstances, ask for a suspension that would still allow them to drive to and from work.

A second DUI conviction would be followed by harsher punishment than the first one; a third DUI conviction, if it occurs within 7 years from the first one, would be charged as a felony, which would involve up to 6 years incarceration in state prison and thousands of dollars in fines. However, a third-time DUI driver may ask the court for permission to undergo treatment (for a minimum of three years). If permission was granted and the treatment was completed, the driver would return to court to be sentenced for the initial violation, but the charge would be reduced from a felony to a misdemeanor.

Continue reading "Reno, Nevada DUI Penalties Enforcement Now Stepped Up, Especially for Felonies" »

The possession of small but usable amounts of any illegal drug is likely to lead to a charge of "simple" possession--the least serious of the drug-related charges. However, if a person is found with a more substantial amount of drugs, or with a small amount packaged in such a way as to appear to be prepared for further distribution (for example in separate baggies), or with a combination of drugs and objects often used in the sale of drugs (such as a gram scale), that person will likely be charged with "possession with intent to sell" or "possession with intent to distribute"--i.e. drug trafficking. Both of those charges are felonies, and a person convicted of either would face years of incarceration and substantial fines.

Moreover, the drugs need not be found directly on the person: if they are found in an area over which the person could exercise control, for example in the person's car or luggage, the law would still consider that person to have been in "constructive" possession of the drugs.

If there is any evidence that the drugs have been transported across state lines, and in particular if the amount of drugs found is substantial, the federal authorities are likely to file federal charges. Federal drug-sentencing laws are severe, and a person convicted under federal laws would face incarceration in a federal prison.

A conviction for a drug-related crime, whether under state or federal laws, would also have extremely serious immigration-related consequences. People convicted of drug-related crimes (with the possible exception of some of the least serious possession charges) are considered "inadmissible" into the U.S. and face deportation from the U.S. as soon as they have completed their jail or prison time.

Therefore, if you are facing any drug-related charges, you should consult immediately with an experienced criminal defense attorney. No two cases are identical; an experienced criminal defense attorney can evaluate the facts of your case and determine whether there are weaknesses in the prosecution's arguments or evidence that could be used in your defense. If you are facing drug-possession charges in Reno, Nevada, hiring an experienced Reno criminal defense attorney would be the most effective and efficient way to fight the charges and reach the best possible outcome for your individual circumstances.

It is starting to happen more and more as both non-citizens and illegal immigrants in the Reno, Sparks and greater Washoe County, Lyon County, Eldorado County and Carson Valley are getting arrested for attempting to use the documentation of another person to establish a false identity. Immigration and Customs Enforcement (ICE) officials are starting to report a rise on the number of individuals who are using illegal means in an attempt obtain "legal" documentation. This crime is deportable, which means you will have to leave the country.

One of the reasons that illegal immigrants or non-citizen residents are getting busted is due to an increase in available technology. The Nevada Department of Motor Vehicles Facial Recognition system is able to distinguish or identify the difference in facial features between the person then applying for the identification card and the picture on file with the DMV. If you are trying to work in this country and you are planning to use someone's information to get a state identification card or driver's license, you should be aware of the technology now being deployed and also aware of the repercussions that you will face if you are caught and arrested. If you are an illegal immigrant, or someone with a work visa that is expired or set to expire and you get caught or arrested for falsifying documents or identity fraud, you can be deported and subject to U.S. Citizenship and Immigration Services, also known as Immigration and Nationalization Services (INS) and Immigration and Customs Enforcement (ICE) holds being placed on you while your case moves forward and then deported once it has been completed or resolved. This means you can remain in jail, not able to be free on bail while your case is decided. Even more important is that upon conclusion of your case, you can be deported and not allowed back into the United States.

The more common crimes that are being committed in the Reno, Sparks and Washoe County surrounding areas are when someone takes the information or documentation of a friend or family member in the local Nevada DMV in an attempt to fraudulently apply for a driver's license. Both the Department of Homeland Security and the Immigration and Customs Enforcement agencies have seen a rise in the number of family members using each other's identity in an attempt to use it for work or because they are not a legal resident and do not have a social security number.

In recent weeks many marijuana cases have been thrown out of court in northern California. Because of a California Supreme Court ruling that was handed down on Jan 21, 2010, the waters have been left very muddied and murky. The confusion is based around what has become a very gray legal area concerning the maximum amount of cannabis or marijuana a medical marijuana patient can possess.

Dismissals and acquittals have been stacking up since the Supreme Court on Jan. 21 tossed out Patrick Kelly's marijuana possession conviction via a habeas corpus motion. In their ruling, a 7-year-old state law was struck down by the California Supreme Court. This particular law imposed an 8-ounce possession limit on the amount of marijuana that medicinal cannabis users could possess. The California Supreme Court decided that when cannabis is needed to treat ailments, that it should be a "reasonable" amount.

The California Medical Marijuana Program extended benefits that legalized medical marijuana in 1996, and there has been tension between State and Federal officials ever since because the Federal Government considers all possession of marijuana to be illegal. "I wish there was a bright line," said Bruce Margolin, "It's the only protection against arrest." Margolin is one of the nation's most renowned marijuana defense attorneys.

That tension is expected to become even more pronounced if the state's voters approve a November ballot measure legalizing possession of small amounts of marijuana.

In Sacramento a carefully observed case did little to clarify what should be viewed as a reasonable amount and in fact made things even more confusing In this closely watched case, Matthew Zugsberger was acquitted by a jury of a felony possession charge, yet found that taking three pounds of marijuana from the Sacramento airport to New Orleans was illegal and he was convicted on a felony charge of marijuana transportation. After deliberating for three days, Zugsberger was also convicted of a misdemeanor possession charge, and ended with nothing really being solved. Grant Pegg, Zugsberger's attorney said, "the jury was absolutely confused".

Regardless of the complete confusion, no political push to develop guidelines appears in sight and the California Supreme Court has held that this is something that must be orchestrated by the voters.

Continue reading "Felony pot cases involving medical marijuana cultivation in California get tossed out of Court" »

A recent study by the Reno Gazette Journal has found that people in the Reno area who drive drunk or while intoxicated from alcohol or drugs are receiving lighter prison sentences than those found guilty of the same crimes in Las Vegas. More specifically, DUI offenders in Clark County were sentenced to terms well above the two year mark that the same offenders received in Washoe County. It seems that the study found twenty percent more people receive a lower sentence in Washoe County than those DUI offenders who also killed someone while driving impaired in Clark County. The study also found that many of the sentences ordered were lower than the punishments recommended by the Nevada Division of Parole and Probation.

After the reports of this study went public, it seems clear that those who drive while impaired or while high on drugs or alcohol in Reno and kill or severely injure a person will be sentenced to a higher prison term more consistent with what is being handed out in Clark County. The bottom line is, if you have been drinking or using prescription drugs, including marijuana for medical and/or medicinal purposes, you should not drive for any reason because the end result could be a lengthy prison sentence.

It might have seemed like a harsh penalty, that is to go back and take the licenses to drive away from a number of Reno residents who had been "punished already" right?! wrong!! If you, or someone you loved was severely injured because of someone driving while impaired or driving under the influence of drugs or alcohol, then you probably believe that the Nevada DMV's seizure of three people's license to drive and the extension of revocation added to five more was absolutely fair.

Even more, if someone you know of in the Reno or Lake Tahoe area was killed by someone driving under the influence of drugs or alcohol, DUI death, then this is possibly a bit less then they should receive. Some believe these people deserve prison time and should be locked up for life if they killed someone. Here's an important thing to note for all you "pot" smokers and weed tokers out there.

If you are high on pot or just got done smoking your marijuana, whether it is for medicinal use or not, and you severely injure or kill someone, (felony DUI) you could end up in jail and in extreme cases, depending on what else is involved (possession of drugs, alcohol, sales, intent to sell, intent to distribute or trafficking, domestic violence, battery, etc) you could end up in prison. Something to think about when you are intoxicated and/or impaired and decide to drive.

Please do not take the above tone of this post to suggest that this organization takes issue with anyone who uses marijuana for recreation or medicinal use because we do not, but my goal here is to be VERY clear that you can get in just as much trouble for being high or having a large amount of THC in your system as you can for having a high blood alcohol content/level (BAC). Be aware and be responsible, please. If you have been arrested in Reno, Lake Tahoe or the Washoe County areas, you may find this helpful Reno, Nevada DUI Law Information