If you wonder why you need a private criminal defense attorney...

Here is why you should have a private criminal defense attorney for every single crime, no matter how small -- they add up and you could end up going away for life.

Don't believe me?

Just read some of these articles:


http://www.nytimes.com/2012/12/12/science/mandatory-prison-sentences-face-growing-skepticism.html?ref=us&_r=0

http://en.wikipedia.org/wiki/Lockyer_v._Andrade

http://en.wikipedia.org/wiki/Ewing_v._California

Even the judge may not want to eventually put you away for a long time, but if you have a string of crimes on your record, you can only point to yourself for: 1.  doing the crime in the first place, or 2. not hiring a private criminal defense attorney to protect your rights and possibly reduced the charge or get it dismissed.

(702) 834-6300 Driving Under the Influence in Las Vegas

Driving under the influence of alcohol or drugs in Las Vegas is taken very seriously because it causes deaths every year.  The problem is, of course, you may have thought you were perfectly fine to drive when you were pulled over by the police officer and then arrested.

There are reasons this may be the case.  Perhaps you were not drunk.  Perhaps the breathalyzer was wrong.  In any case, because driving under the influence is a crime, the government prosecutor is going to have to prove, beyond a reasonable doubt, that your blood alcohol content was above the legal limit. You therefore need a criminal defense attorney that handles DUIs to check the evidence and look for reasonable doubt.

Self help for Family Law is Available in Las Vegas but an Attorney is Advisable

Self help for family law in Las Vegas or Henderson is available for people who cannot afford an attorney.  People who are in Las Vegas or Henderson and are forced to resort to self help, meaning they file their own paperwork and represent themselves in family court during divorce of child custody proceedings, are still advised to consult with family attorneys to learn what their legal rights are.

Attorneys can provide privileged, confidential counseling to prospective clients and it is entirely possible that you will have to hire an attorney at some point during your family law case, for instance for a trial or an evidentiary hearing.  The Jacks Law Group charges $100 to review your matter and tell you your rights, whether you ultimately have to represent yourself or can afford a Las Vegas family lawyer.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

Divorcing someone who has more money in Las Vegas.

My husband makes good money and I cannot be married anymore.  Divorce is inevitable.  I don't think I can afford a divorce attorney.  What can I do?

The best advice is to consult with a Las Vegas family law attorney to determine how you will survive when there is an unequal financial power between you and your spouse.  There are several remedies available under the Nevada Revised Statutes and Nevada Supreme Court Decisions.  It is important to consult with a lawyer well before you actually file for divorce so that you can plan.  

You should consider how you will live separately and independently from your spouse and how you will be able to have equal access to community resources so that you can afford a family lawyer.  You must know that this planning is critical because you cannot count on the court helping you with temporary support or alimony.  A divorce lawyer helping you before the court battle can protect your rights.  

Call for a cheap consultation on how to proceed when you ask yourself, Do I need a Las Vegas divorce lawyer?  Family law is complicated.  There are hundreds of Nevada Supreme Court decisions that may come into play and thousands of decisions around the United States.  There are also numerous Nevada Revised Statutes and Rules of Procedure that must be adhered to.  The best advice is to get a divorce attorney in Las Vegas as soon as possible.

You should never use a computer and phone that your spouse has access to while researching legal information regarding divorce online.  Your spouse cannot legally spy on you, but it happens and you may not know it.

DISCLAIMER

The information contained in this blog is for general information only and is not intended to be legal advice for any specific person or scenario.  The best advice is to always consult an attorney in order to have confidentiality and privilege.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

DUI charges and The Jacks Law Group's dedication to education

Attended "Watkins Way" on October 5, 2012 which was a seminar about Driving Under the Influence in the State of Nevada.  The half-day education covered:

fundamentals; 

actual physical control; 

4th, 5th, and 6th amendments of the constitution; 

ex post facto; roadside exercises (field sobriety tests); 

implied consent; 

breath testing; 

retrograde extrapolation; 

ethics; 

double jeopardy; 

proximate cause; 

priors; appeals; and 

DMV.

The Jacks Law Group takes legal education seriously in order  to  have the most up to date information, criminal laws, criminal legal theories, and arguments relevant to defending against DUI charges in Clark County, Las Vegas, North Las Vegas, Boulder City, and Henderson in justice court, municipal court, and district courts.  If you have been charged and arrested with a DUI in Clark County, contact us.  Talk to no one but your defense attorney following your arrest.  Exercise your right to remain silent.

New Las Vegas family court rules coming in 2013.

David Jacks Attended the October 4, 2012 Family Law Bench Bar Meeting:  

Moderators:  Judge Pomrenze and Corinne Price.  

Honored Guest Justice Mark Gibbons. 

Discussion Topic:  Amendment to NRCP 16.2 -Overview of Significant Changes | ADKT No. 476 and NRCP 16.205 | Revised Financial Disclosure Form, Opt-in form and Marital Balance Sheet.

The Jacks Law Group strives to be on top of the changes in family law to ensure clients get competent representation.  If you want to know how current your attorney is on family law, ask if they know about the pending rule changes to NRCP 16.2 which will take effect January 2013.

Dedicated to Continuing Legal Education

Each year Attorney David Jacks spends his time and money to keep current in multiple disciplines of law in order to bring the cutting edge legal principles to his law practice.  So far, in 2012, Mr. Jacks has attended the following continuing legal education seminars in the field of domestic relations, otherwise known as family law:


Nuts and Bolts of Family Law Practice;
Supreme Court Panel: NRCP 16.2 and Advice on Improving your Approach;
The Complexities of Custody: Jurisdiction and Enforcement Prolems under Nevada Law;
Ethics and Very Hard Choices in Evidence;
Drug, Alcohol Abuse and Domestic Violence;
Case and Legislative Update;
Custody and Conflict;
Spy Stuff: Can we use it in Court?

Family Mediation Center and the services they provide.  Joyce Gallina to discuss issues directly regarding recording child interviews, protocols used, qualifications for mediators/interviewers, communications between FMC and the court/attorneys, and pressures/motivators used by mediators to settle cases

Beware of businesses that say they can help you with a traffic ticket

BEWARE! There are people claiming to be lawyers in Las Vegas promising to fix traffic tickets. If you meet someone who makes this claim but are not sure whether they are really an attorney, you should contact the State Bar of Nevada and ask.

If you hire a fake lawyer, not only do you lose the money you gave them, but you could end up with a warrant for your arrest, larger fines, jail time, and points on your driving record because the false attorney did not do a thing for you through the courts. Do not fall victim. If someone is scamming you, get their information and call the Nevada Bar and the police immediately

Give the State Bar the name of the attorney and ask them if he or she is licensed in Nevada. Only then should you feel comfortable hiring the person. You may also call The Jacks Law Group, PLLC and we will check to see whether someone is really an attorney for you.

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. 

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. 

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.