Arrested for Domestic Violence? You are not Alone.

On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. In one year, this equates to more than 10 million women and men. ¹

In 2015, the National Domestic Violence Hotline documented 1,791 contacts from Nevada. The state ranks 23 in terms of Hotline contact volume. The Hotline provides Crisis Intervention, Safety Planning, Referrals and, DV Education for these contacts.

Unfortunately, false accusations of domestic violence do occur.  There are a number of reasons someone might want to file a false accusation of domestic violence.

If you have been accused or arrested for domestic violence you need an experienced domestic violence attorney to help you through this process and vindicate your rights.  

 

For a FREE initial consultation, call (702) 660-1234

 

Protect Your Rights - Hire The Right Legal Defense

A domestic violence conviction can have profound effects on your life.  A conviction of a domestic violence offense will remain on your record, and be a searchable public record, for your lifetime, the record of the offense can only be sealed after seven years (Nevada does not provide for expungement of criminal offenses).  Thus, your ability to find work, obtain a professional license, or maintain joint legal custody of your minor children can be significantly impaired if you have a conviction of domestic violence offense.  There are other collateral consequences which might result from a conviction for domestic violence.

Another consequence of a domestic violence conviction is a loss of gun rights.  If you are convicted of a misdemeanor domestic violence charge NRS 200.485 or subject to an extended order of protection for domestic violence in Nevada or subject to a similar order in another state you can lose your right to own or possess a gun pursuant to NRS 202.360(1)(a).

In 2017, the Nevada Legislature altered the regulations regarding domestic violence gun prohibition.  A prohibited person in possession of a firearm because of a misdemeanor domestic violence conviction was previously prosecuted as a misdemeanor offense, it is now a felony which mirrors Federal Law.  

If you have been convicted of a misdemeanor domestic violence offense and are subsequently arrested or indicted for the unlawful possession of a firearm the penalties for such a violation are significant.  The punishment for violating NRS 202.360(1)(a) is a category B felony with a sentencing range of 1-6 years and a $5,000 fine (up to the discretion of the court.  Your misdemeanor domestic violence conviction now subjects you to a serious felony charge which accompanies the potential for significant jail time with a monetary penalty.  The best way to avoid losing your gun rights is to aggressively defend any criminal charges that may result in the loss of your Second Amendment rights.  This is why it is imperative to seek the advice of experienced legal counsel to address your misdemeanor domestic violence charge from the outset of the criminal process.  At the Spartacus Law Firm, we specialize in aggressively defending your rights at every stage of a criminal proceeding.  

It should also be noted that the State can drop the prosecution of a prohibited person in possession of a firearm but the United States Attorney’s Office can prosecute the charge pursuant U.S.C. 922(g).  This law is more commonly known as the Lautenberg Amendment, named after the U.S. Senator who sponsored the bill in Congress.  Under 18 U.S.C. 922(g)(9), you are prohibited from owning, shipping, transporting, or possessing firearms or ammunition if you have been convicted in any court of a "misdemeanor crime of domestic violence."  A violation of 922(g) can result in up to ten years in federal prison.  This law demonstrates the severity of the collateral consequence of a misdemeanor domestic violence charge.  Check out the Bureau of Alcohol, Tobacco, and Firearm’s and Explosives website for a full list of prohibited persons.) (18 U.S.C. § 922(g) (2020).) Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms, and Explosives (atf.gov) 

 

For a FREE initial consultation, call (702) 660-1234

 

All Hope Is Not Lost - Contact a Las Vegas Domestic Violence Lawyer

If you have been falsely accused of domestic violence you are not only the Defendant but the actual victim in the case.  All hope is not lost, in every domestic violence case the prosecutor is required to prove each and every element of the offense beyond a reasonable doubt, and because of collateral consequences of a domestic violence conviction, you now have the right to a jury trial.  The prosecutor must prove that the act occurred and that you had the requisite intent to commit the prohibited act before a jury beyond a reasonable doubt.  Beyond a reasonable doubt is the highest standard of proof within American jurisprudence. 

Most notably, in the case of Amezcua v. Eighth Judicial District Court, 130 Nev. 45, 319 P.3d 602 (2014), the Nevada Supreme Court ruled that a conviction for battery domestic violence was not a serious offense such that the right to a jury trial is triggered.  However, in 2015, the Nevada Legislature passed a law which prohibited firearm ownership for those convicted of domestic violence crimes.  Consequently, the Nevada Supreme Court revisited this issue in the case of Andersen v. Eighth Judicial Dist. Court, 448 P.3d 1120, 2019 Nev. LEXIS 53, 135 Nev. Adv. Rep. 42, 2019 WL 4384133.  In Andersen, the Nevada Supreme Court ruled that the Legislature amended the penalties associated with a conviction under NRS 200.485(1)(a). Specifically, NRS 202.360—a statute that prohibits the possession or control of firearms by certain persons—was amended to criminalize possession or control of a firearm in Nevada by a person who "[h]as been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33)." 2015 Nev. Stat., ch. 328, § 3(1)(a), at 1782. It is this amendment that distinguishes the instant matter from the ruling in Amezcua and commands the conclusion that misdemeanor domestic battery is a serious offense.

This decision is significant as it gives a defendant accused of a misdemeanor domestic violence offense a right to a trial by jury.  Instead of convincing a judge that a domestic violence offense occurred prosecutors must now convince a jury which is a more arduous task.  If you have been accused of a domestic violence offense you need a skilled trial lawyer who can aggressively litigate the issues on your behalf, call us at the Spartacus Law Firm today to protect your rights.

In addition to having to try the case before a jury, at times, the prosecutor is unable to proceed because they lack the necessary evidence to proceed to trial or the State cannot secure the percipient witnesses (though the State can pursue charges without the consent of the victim).   At Spartacus Law firm, we specialize in bringing the necessary pretrial motions such as motions to suppress or exclude evidence which might prevent the prosecution from bringing its case in chief.  

In every domestic violence case, the police must also follow standards of evidence and protocols.  In some cases where your rights have been violated, the prosecutor may not be able to go forward with the charges because of a breach of criminal procedure which means the case will be dismissed.  Do not lose your rights and reputation because of a false allegation of domestic abuse contact Spartacus Law Firm to protect your rights and your future.

If you need legal advice or representation against false allegations of domestic violence.  Contact the Spartacus Law Firm today at 702-660-1234 for a free consultation to protect your rights.

domestic_violence-2020080709350855.pdf (speakcdn.com)

What Happens When You Get Arrested? 5 Things To Do If You’re Arrested in Las Vegas

man arrested in las vegas

It’s possible that things may go awry on your Las Vegas vacation. Many people who find themselves facing charges in Las Vegas were simply visiting to have a good time and ended up in a situation where things got out of control. If you find yourself in this situation, it’s important to understand what happens when you get arrested in Las Vegas. 

Some of the most common types of arrests that occur in Las Vegas include Driving Under the Influence (DUI), domestic violence, public intoxication, drug possession, and sex crimes such as solicitation and sexual assault. Much of the time, these charges will be considered a misdemeanor, but more serious charges such as a felony may be faced depending on the circumstances of the case. 

Let’s take a look at what happens when you get arrested in Las Vegas and how a Las Vegas lawyer can help.

Getting Arrested in Las Vegas  

If you’ve never been arrested before, then you’ll probably be scared and unprepared for what’s to come. The Nevada Revised Statute (NRS) 171.104 defines arrest as “the taking of a person into custody” as authorized by law. In Nevada, the police may arrest someone when there is probable cause to believe the suspect committed a crime. 

In some cases, a person may be detained first to determine whether or not they should be taken into police custody. If a person is being detained, they must give their name to identify themselves but are not required to answer any other questions. The detainee may be searched on the scene and any possible threats such as a weapon may be seized at this time to ensure the safety of the public. 

Detentions must be swift and must occur in the location where the police encountered the suspect. If the detainee has been cleared and is not being arrested, they are free to go, but if the detainee is determined to be arrested, they will be handcuffed and taken into police custody as soon as possible.  

The Arrest Process

During the arrest process, the arresting officer will verbally inform the suspect(s) that they are under arrest. The officer will place handcuffs on the suspect(s) which are used to transfer them to the police station where they will be kept in custody. During this time, the arresting officer will also read the suspect(s) their Miranda rights which state that the arrestee has the right to remain silent and has the right to an attorney. Upon arrival at the police station, the arrestee will be booked and processed which includes the taking of their mugshot and fingerprints. Suspects will then remain in police custody until their case has been heard by a judge. 

Most arrestees will be eligible to be released on bail or own recognizance in Nevada. This allows an arrested person to await their hearing outside of police custody under some restrictions. Regardless if bail is granted or not, a court date will be scheduled and the suspect must be present for their arraignment which is a formal reading of their charges. Failure to show up to this court date may result in increased charges, fines, and consequences. 

5 Things To Do If You’re Arrested in Las Vegas

#1 Take Advantage of Your Miranda Rights

Miranda rights, also called Miranda warnings, are a notification that is given by an arresting officer to an arrestee. These warnings are to inform suspects of their Fifth and Sixth Amendment rights which state that you have the right to remain silent, meaning you are not required to answer any interrogating questions, and you have the right to an attorney. Miranda warnings are as follows: 

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

#2 Ask To Speak With a Las Vegas Lawyer

Before speaking with the police, it’s in your best interest to consult with a Las Vegas lawyer to see how you should proceed following your arrest. Your attorney will help you better understand your charges and will be able to assist you throughout your questioning. You have the right to have your lawyer present during the custodial interrogation which can help you avoid making incriminating statements and prevents further legal trouble. 

#3 Seek Bail

The first thing on anyone’s mind who gets arrested is “how am I going to get out of here?”.  Being in police custody is never fun and the goal is to get you out as soon as possible. To do this, you need to be able to post bail. Typically, an arrestee will be eligible for bail and if you are able to meet the requirements of your bail, your Las Vegas lawyer can help you get out of police custody. In order to post bail, one must do one of the following:

#4 Show Up For Court 

After you’ve been arrested, whether you were released on bail or remain in police custody, you are required to show up to the court for your arraignment. This date will be given to you after your arrest and failure to present yourself to this appointment may result in the court issuing an arrest warrant to bring you back into police custody. If this occurs, you will likely face more serious charges and consequences, so it is in your best interest to appear in court on the day they tell you to. 

#5 Seal Your Record 

While Nevada doesn’t expunge criminal records, you can have your records sealed. This will make your record invisible to potential employers, which can greatly improve your employment opportunities. To seal your record, be sure to reach out to your Las Vegas lawyer. They’ll guide you through the steps to seal your record and ensure it gets done properly. 

Contact Las Vegas Lawyers at Spartacus Law Firm 

If you’re a medical professional facing domestic violence, DUI, or other legal charges, connect with the experts at Spartacus Law Firm. Spartacus Law Firm will fight to make sure that your rights are protected and will work aggressively to represent you to avoid penalties, fines, and damage to your career. Contact us today for a free in-person or virtual consultation. We are available 24/7 to assist.

For a FREE initial consultation, call (702) 660-1234.