Law abiding Las Vegas or Henderson citizens accused by police of Crimes.

United States crimes are classified in the general categories of misdemeanors, gross misdemeanors, and felonies. Misdemeanors generally are crimes that are not very serious such as speeding. Gross misdemeanors are crimes that we consider more dangerous or more serious, and felonies are the crimes that generally involve evil intent and victims.

The Supreme Court of the United States has held that police officers may arrest any person if there is probable cause of a crime. It is within the cops' discretion to arrest you if you were speeding in your car, throwing a cigarette on the ground, loitering, and riding your bicycle without using proper hand signals. The probable cause comes from the officer witnessing you committing the crime.  Even for minor crimes like this, you would want a Las Vegas criminal defense attorney on your side.

Some Las Vegas or Henderson police officers will arrest you and justify the arrest in the police report by claiming you were belligerent and they did not believe you would sign the citation in which you would promise that you will show up in court. This could be untrue, but without video footage of the arrest, it is your word against the Las Vegas police officer’s word.

Law-abiding Las Vegas or Henderson citizens who are arrested by the police on minor offenses because they are shocked by the attitude they receive by police who stop them. Surprised at being stopped and at the condescension of the officer, the misdemeanant will say something to the effect of "I know my rights."  When you have been arrested, you will want to keep your mouth shut and contact a Las Vegas criminal defense lawyer immediately.

If you argue with the Las Vegas or Henderson police officer or offer an excuse for you behavior, you could be doing yourself a grave disservice. A common scenario of “gotcha” gimmicks that police employ are like this: a Las Vegas or Henderson police officer stopped this fellow for speeding. The fellow said that he had not seen the speed limit sign, hoping the cop would understand and let him go with a warning. Instead, the Las Vegas or Henderson police officer wrote him the citation for speeding and added another citation for inattentive driving.

Las Vegas or Henderson police officers do not like to hear any lip and can arrest you. Las Vegas or Henderson or police officers do not care that you already feel humiliated that you are being charged with a crime when you believed you were adhering to the law. They do not care that you are a law-abiding taxpayer and you pay for their salary.

Some of the slickest criminals are ex-felons. They understand the police officer psychology and act with the utmost respect toward the officer, saying "Yes sir" and "No sir" and "thank you for informing sir". Even though these ex-felons probably do not pay much by way of taxes and are not responsible for contributing to police salaries, police treat them much nicer sometimes.

If you act like the a sycophant with a Las Vegas or Henderson cop, the Las Vegas or Henderson cop may think you are a convicted criminal, however generally the Las Vegas or Henderson cop will treat you better than if you act like a law-abiding citizen who knows his rights.  After dealing with the police, consult with a criminal defense attorney who practices in Henderson and Las Vegas.

Be calm, courteous, and quiet with Las Vegas or Henderson police officers when stopped. If they harass you, keep your cool or you will fuel their adrenaline and make them more apt to treat you worse.  Then call The Jacks Law Group for legal assistance with your criminal matter.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

CRIMINAL: Were you lying then or are you lying now?

Whether you committed a crime or not, you have the right to remain silent when being questioned by an authority figure. The right against self-incrimination is a constitutionally protected fundamental right. This article will point out a few of the reasons you should keep your mouth shut.

Reason 1.

The police are not there to help you. They are there to gather evidence against you. Officers will play the good cop by acting like they want to understand you and will be on your side. Then, if you are less than forthcoming, the same cop or another one will become angry and attempt to threaten you into confessing. Do not fall into these traps.

The officers might act like they are just conversing with you. The fact is that they want to gather sufficient evidence so that they have probable cause to arrest you, at which point they will read you your rights-but it could be too late already if you confessed. The officers will say that you confessed voluntarily, even if they manipulated you long before they arrested you. Who are you to then stand up in court and call our fine peacekeepers liars?

Reason 2.

Officers can purposefully or negligently miss-write on their reports what you told them. Police reports are considered to be pretty good evidence in court. When you take the stand and recount under oath the events leading up to your arrest and what you say does not match up with the police report, the District Attorney can then ask you the damning rhetorical question of, "Were you lying then or are you lying now?"

Reason 3.

If you told the police anything, whether you are innocent or not, you have just made it much more difficult for your attorney later on to present a theory of the case that could show you are not guilty. By speaking to the officers, you are reducing your possible defenses.

Conclusion

A wise man once said something to the effect of "a person is not condemned by what is put in the mouth but by what comes out of." Therefore, when approached by an officer, be polite, courteous, and quiet.

By Anthony M. Wright, Esq.

Toy Gun Considered Deadly Weapon In Nevada

If you rob a bank with an unloaded toy gun, you will be charged and likely convicted of burglary while in possession of a deadly weapon and robbery with use of a deadly weapon. The Nevada Supreme Court recently decided this very issue in the case of Berry v. State. He could also have been charged with kidnapping, battery with intent to commit a crime, extortion, theft, and assault and battery.

This defendant allegedly stuck a toy gun to a bank employee’s head while she walked to her car during closing time. He allegedly made her unlock the safe, which took ten minutes. During the wait, the defendant felt her up and made lewd comments about her body being sexy, causing her to feel like he might rape her. Along with being charged with burglary with a deadly weapon and robbery with use of a deadly weapon, the defendant was also charged with one count of open and gross lewdness.

The Defendant allegedly ran from the police who waited for him to exit the bank, and they finally caught him in an apartment complex hiding behind a washing machine. The police found the stolen loot and toy gun.

He was convicted of the three crimes and decided to appeal while in prison. The Supreme Court reviewed his argument, and disagreed with him. Berry thought that he was being clever by using a toy gun. He may have thought that he would not get hard time if he used a toy instead of a real weapon.

The unloaded toy was still considered a deadly weapon, partly because it could potentially be adapted for such since it had a spring mechanism, trigger, and the potential to shoot a pellet or perhaps .22 bullet. Also, he intended for his victim to believe it was a deadly weapon in order to effectuate his crime.

The victim, if she had been allowed to have a handgun on her while working at the bank, could have shot him in “apparent” self-defense because she would have reasonably believed her life was in danger.

If you, or a loved one, are charged with a weapons crime, burglary, assault, or open and gross lewdness, you should consider hiring The Jacks Law Group to defend you or your loved one for criminal defense.

Immigrant in Trouble, will you be Deported?

If you are an immigrant to the United States and in trouble with the law in Las Vegas or Henderson, you need to contact a Las Vegas criminal defense attorney immediately.  DO NOT TRUST A PUBLIC DEFENDER when you have been charged with a crime to inform you of your rights regarding how the United States will treat you after you have been charged for a municipal or State crime.

Your right to remain in the United States can be greatly affected when you are charged with a misdemeanor, gross misdemeanor, or felony.  You should have a criminal defense attorney in Las Vegas review your charges to determine whether they could result in your deportation. 

Your criminal defense attorney has a duty to tell you whether your crime could result in deportation.  According to the United States Supreme Court, when the law is unambiguous, attorneys must advise their criminal clients that deportation "will" result from a conviction. Furthermore, when the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation "may" result. Finally, attorneys must give their clients some advice about deportation—counsel cannot remain silent about immigration. Padilla v. Kentucky, 130 S. Ct. 1473 (2010).

So, whether you are visiting the United States, here on a visa or Green Card, or are a permanent resident, you should always consult with a private criminal defense attorney when you are arrested or charged with a crime in Las Vegas or Henderson.

REQUIRED DISCLOSURE

The information about Las Vegas criminal charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas defense lawyer should always evaluate your criminal law matter as soon as possible.  You should treat your criminal charge with the seriousness it requires.  Moreover, the information contained in this blog is not intended to guarantee any result.  Each case is unique and will require special attention by a criminal defense attorney.