Las Vegas or Henderson Criminal Defense

The best criminal defense requires an understanding of many issues related to to the criminal case, including the following ten:

1.     A thorough understanding of all of the facts in the case

2.     A thorough understanding of the substance of the crime charged, both as to the letter of the law as well as the spirit behind the law

3.     A thorough understanding of the procedural defenses

4.     A thorough understanding of the substantive and affirmative defenses available in Las Vegas or Henderson

5.     A cooperative and communicative client who has not incriminated himself or herself through statements to others

6.     Insight into the Las Vegas or Henderson judge's views on the type of crime

7.     Insight into the Las Vegas or Henderson judge's potential sentences upon conviction

8.     Insight into the abilities of the particular Las Vegas or Henderson prosecutor prosecuting the criminal charge

9.     Criminal procedural at every stage, from prearrest collection of evidence, post arrest treatment of suspects, to legal maneuvering in court and sentencing guidelines

10. Enough money to mount the case required to improve the chances of a dismissal or acquittal.

REQUIRED DISCLAIMER

The information about Las Vegas or Henderson criminal charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas or Henderson 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.

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. 

When you say, I need a criminal defense lawyer in Las Vegas or Henderson, call us.

Driving while talking on a cell phone in Henderson

New Nevada Traffic Law About Cell Phones and Driving

Here are some important new traffic laws passed by the 2011 Nevada Legislature which police officers in Las Vegas and Henderson are cracking down on. A short description of each is followed by its effective date, legislative bill number and applicable Nevada Revised Statute or NRS Chapter.

No Texting and Hands-Free

Texting, accessing the internet and hand-held cell phone use while driving are now illegal in Nevada.

You can talk using a hands-free headset and, while making voice calls, touch the phone to “activate, deactivate or initiate a feature or function on the device.”

The fines are $50 for the first offense in seven years, $100 for the second and $250 for the third and subsequent offenses. Fines are subject to doubling if the offense occurs in a work zone. The first offense is not treated as a moving violation for DMV and insurance purposes.

Exceptions include:

• Any person reporting a medical emergency, a safety hazard or criminal activity.

• Drivers using a voice-operated navigation system affixed to the vehicle or those riding in autonomous vehicles.

• Drivers using citizen band or other two-way radios that require a license and have a separate, hand-held microphone.

• Law enforcement officers, firefighters or emergency medical personnel acting within the scope of their employment.

• Utility workers responding to an outage or emer- gency and using devices provided by the company.

• Amateur radio operators providing communications services during an emergency or disaster.

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. 

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.

Overcharged for a crime you are accused of? Call Las Vegas defense attorney.

Just because the Las Vegas government accuses a person of a crime does not mean that the person is a criminal. Sometimes the prosecutors are wrong. Sometimes Las Vegas prosecutors trust and then rely on false reports by police officers. Attorney David Jacks became committed to defending those accused of crime after he had his own issues with local law enforcement over the years for minor accusations.

Las Vegas police and Las Vegas prosecutors jump to conclusions and tarnish reputations with horrible and false accusations. If you have committed a Las Vegas crime, you may be "overcharged" meaning that you are accused of a much more serious crime than you ought to be. For example, a shoplifting crime could be charges as a misdemeanor or a felony burglary.

The Jacks Law Group will review your charges, the evidence against you, whether the evidence was appropriately gathered and whether it is sufficient for the crime with which you are accused, and will attempt to negotiate with the prosecutor in charge to reach a settlement that you can live with.  Hiring Attorney David Jacks will result in not only having his experience and legal opinion, but those of two other experienced criminal defense attorneys with whom he closely associates.

If a negotiation cannot be reached, then we shall prepare to go to trial so that a judge or jury will determine your guilt or innocence.

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. 

Call David Jacks.