Criminal Law Info Blog

State residents and visitors should understand the driving under the influence (DUI) laws in Nevada and their consequences. The penalties can be expensive and harsh, especially when they affect one’s ability to legally operate a vehicle in the future. Learn the laws and fines associated with a conviction to better help with the search for a DUI lawyer for one’s case.

What Does “Under the Influence” Mean?

If a driver’s blood alcohol concentration (BAC) is .08% or more within two hours of getting behind the wheel, he or she is considered driving under the influence in the state of Nevada. Nevada’s DUI laws prohibit any motorist from operating a motor vehicle—including motorcycles, bicycles, and boats—while under the influence of drugs or alcohol. For commercial drivers, the legal BAC limit is .04%, whereas the limit is .02% for drivers under the age of 21.

Nevada DUI laws dictate that the first offense of operating a motor vehicle while under the influence is a misdemeanor with standardized penalties. However, the punishment is harsher in the case of a prior DUI, a vehicular accident causing substantial bodily injury or death, or if the driver’s BAC reads 0.18% or higher.

Nevada DUI Penalties

Under NRS 484C.400, the standard first punishment for a DUI includes:

Two days to six months in jail or 24 to 96 hours of community service

Required attendance at Nevada DUI School or DUI Court

Temporary license suspension and a penalty fee

Fines of up to $1,000 and additional court fees

Required attendance at a Nevada Victim Impact Panel

Installment of a breath interlock device in the driver’s vehicle

After the third DUI offense in Nevada, the driver will be charged with a felony.

For a felony DUI conviction, the penalties increase in severity; they can include years of imprisonment and fines ranging from $2,000 to $5,000.

Contact a DUI Attorney for Legal Assistance

Understanding Nevada DUI laws isn’t easy; you should call an experienced criminal defense lawyer immediately after a DUI arrest. Karen A. Connolly is a renowned DUI lawyer in Las Vegas and can help with your case. She has the qualifications to work on high-profile federal cases and boasts stellar feedback from previous clients. If you or a loved one faces DUI charges in Nevada, contact the Law Offices of Karen A. Connolly, Ltd. for a free legal consultation.

It doesn’t take much for a person to get a mark on their criminal record. A single mistake can lead to a conviction that might be seen by future employers, landlords, creditors, and others. Fortunately, many people in Nevada are eligible to have their criminal records sealed.

What Does It Mean to Have Records Sealed?

When a record is sealed, it means it is physically removed from the record system maintained by the state.

For the most part, once a record is sealed, it cannot be seen by third parties.

The exception is that certain government agencies, such as the FBI, CIA, and the Nevada Gaming Control Board, can still view sealed records.

For most people, the motivation to seal records is for employment.

Employers cannot view sealed records, and individuals who have had their records sealed can mark “no” on applications asking if they’ve ever been convicted of a crime.

Who Can Seal Criminal Records?

Sealing a criminal record in Nevada depends on a number of factors. State statutes prescribe the amount of time that must have passed between the case’s closing (including completion of parole or probation) and the records being sealed. For example, the record of most misdemeanor offenses can be sealed two years after the case is closed, but misdemeanor DUI convictions cannot be sealed until seven years from the case’s closing.

Also, the procedure for sealing records varies based on the county where the conviction was recorded. To find out if their record can be sealed, individuals should discuss the specifics of their case with an attorney.

If mistakes from your past are holding you back from building your future, consider having your record sealed. The Law Offices of Karen A. Connolly, Ltd. can help you through this process so that you can get on with your life.

Read our client reviews to see how we’ve helped our previous clients, then call us at (702) 678-6700 for a consultation today.

When an individual is accused of breaking the law, the alleged crime plays a significant part in the charges and possible judgment. One of the main ways that the legal process can vary is whether the crime is considered a state or a federal offense. The agencies that investigate the crimes, the courts, and the sentences will often depend on the charge. Here are some of the main differences between state and federal crimes.

State vs. Federal Prosecution

The federal and state courts have varying processes with separate courthouses and judges. Federal judges decide lawsuits between citizens from different states, cases involving particular federal laws, and cases against the United States government. On the other hand, state courts deal with cases involving state laws and citizens. Assistant U.S. attorneys prosecute federal cases while state district attorneys and local attorneys prosecute state crimes. Additionally, the court proceedings vary in both courts. A defendant should be careful to select a reputable attorney who has experience with these types of proceedings and the related laws.

Sentencing for State and Federal Crimes

Another key difference between state and federal crimes is the guidelines on sentencing. Federal judges have to follow federal sentencing guidelines, where the mandatory minimum sentence is often higher than that of state crimes. It is not uncommon for two individuals who have committed similar crimes to get different sentences simply because one was charged with a federal crime and the other a state crime.

Legal Representation

Regardless of the type of crime that the defendant has been charged with, it is vital to seek experienced and knowledgeable legal representation. Karen A. Connolly, J.D. is a seasoned divorce and criminal defense attorney. She has extensive experience in litigating both state and federal crimes, and she has attained many notable verdicts in her career, including the reversal of multiple murder convictions.

If you need reputable legal representation for a state or federal crime in Nevada, contact the Law Offices of Karen A. Connolly, Ltd. for a consultation.

Understanding the Three Forms of Field Sobriety Tests

When a police officer suspects a driver is driving impaired, the driver will be pulled over and may be asked to perform a number of field sobriety tests (FST). FST’s are used by officers to assist with assessing a driver’s level of impairment, specifically physical dexterity and mental acuity. Depending upon the driver’s performance, an officer may establish probable cause to arrest the driver for Driving Under the Influence. While drivers may refuse to take any or all FST’s in Nevada, the National Highway Traffic Safety Administration has established three standardized tests.

One Leg Stand

The One Leg Stand (OLS) is a divided attention test that requires a driver to do two tasks simultaneously. The driver will be directed to count while standing on one leg, with the other leg raised approximately six inches off of the ground. An officer will look for swaying, hopping, using arms for balance, or putting one foot down. These are considered signs of impairment.

Horizontal Gaze Nystagmus

The Horizontal Gaze Nystagmus test evaluates a driver’s nystagmus—involuntary jerking of the eye. An officer will hold a flashlight or pen in front of the driver, moving it horizontally. The officer will watch the driver’s eyes as the object is moved, looking for signs of exaggerated eye movement, such as twitching or jerking, which may be caused by alcohol consumption.

Walk and Turn

Another divided attention test, the Walk and Turn (WAT) requires a driver to walk along a straight line, heel-to-toe, for nine steps before turning around and walking to the starting point in the same manner. Signs of impairment include stopping, stepping out of the line, using arms for balance, and taking more or fewer than nine steps.

How Accurate Are Field Sobriety Tests?

A field sobriety test may establish probable cause for an arrest before using breathalyzers and blood tests. However, FST’s are controversial because other factors may impact the ability of the driver to perform the test successfully such as pre-existing medical conditions, the weather, and even an officer’s ability to administer the test effectively and impartially. This uncertainty prevents FST’s from accurately establishing impairment without supporting evidence.

Field sobriety tests in and of themselves cannot serve as definitive proof of a DUI offense without additional evidence such a blood, breath, or urine tests. If you have been arrested for Driving Under the Influence, it is important to know your rights. Karen A. Connolly is a DUI lawyer with decades of experience assisting drivers who have been arrested for DUIs in Nevada.

For assistance call the Law Offices of Karen A. Connolly, Ltd. today at (702) 678-6700 for a free consultation or complete our online intake form.

Sealing a Criminal Record in Nevada

A criminal record can hurt your chances at finding work or being approved for a loan. Even a conviction for a minor criminal offense, such as petty theft, that occurred years ago can prevent you from being considered for certain types of jobs, credit and loans, and public benefits.

In today’s economic climate, it’s more important than ever to take the steps to seal your criminal record so that you will not be at a disadvantage when you look for employment or seek financial aid.

This article will discuss the process for sealing a criminal record in Nevada. Having your record sealed can be difficult and time-consuming. This post is not a substitute for legal advice.

What does it mean to have a criminal record sealed in Las Vegas?

A criminal record is a public record that is accessible by the public through government databases.

When you comply with the procedure for sealing a criminal record in Nevada, your criminal record will be removed from these databases. If a court issues an order that your criminal record be sealed, the general public will no longer have a way to find out about your past convictions.

When a court in Clark County, Nevada orders that your criminal record be sealed, the order will apply to the Las Vegas court as well as all other courts and agencies that may have your record on file. This includes federal agencies like the FBI.

It’s important to understand that this does not happen automatically. It’s your responsibility to make sure that other courts and agencies are informed of the court’s order to seal your criminal record.

What are the benefits of sealing criminal records in Nevada?

There are many benefits to sealing a criminal record. If you have a conviction on your record, you may have trouble leasing an apartment or finding a job. You may also be denied if you apply for credit or a loan.

Once you have your criminal record sealed, landlords, employers, and lenders will no longer be able to discriminate against you.

Sealing a criminal record has other benefits. Once your record is sealed, your right to vote may be restored, as well as your rights to hold office and serve on a jury. You will not have to tell anyone that you have a criminal record, even under oath.

Can a criminal record be reopened after it is sealed?

After a criminal record has been sealed, it can be reopened and investigated under very limited circumstances, including:

A court can allow you to inspect your own criminal record if you petition the court to do so.

If you were charged with an offense but the charges were dismissed, a prosecutor may reopen your criminal record if you are subsequently arrested for the same or similar offense.

If you were convicted of a criminal offense, a prosecutor or other criminal defendant may apply to reopen your criminal record in order to discover information about other people who were involved in the crime.

Certain agencies have the authority to inspect your criminal record for a specific purpose. For example, the Gaming Control Board may view your criminal record if you apply for a gaming license.

Does Nevada allow people to have their criminal records expunged?

Sealing a criminal record in Nevada makes it invisible to the public. Expunging a criminal record is like having it erased completely. For obvious reasons, having an expunged criminal record is preferable to having a sealed criminal record.

Unfortunately, Nevada has no laws that allow for the expunging of criminal records.

In Las Vegas (or Clark County), Nevada the best you can hope for is to have your criminal record sealed.

Who is eligible to have their criminal record sealed in Nevada?

Whether you are eligible to have your criminal record sealed in Nevada depends on a number of factors.

The category of the offense you committed, as well as when you were released from custody and/or completed probation, play a significant role in whether your criminal record is eligible for sealing.

Specific examples of cases where you would not be eligible to have your record sealed include:

If you were charged with an offense that is still pending, your criminal record cannot be sealed.

If you committed or attempted to commit a crime against a child or children under the age of 18 that involved kidnapping, false imprisonment, pandering, prostitution, your criminal record cannot be sealed.

Typically, felony sexual offenses against a child or children under the age of 18 cannot be sealed in Nevada.

By meeting the following criteria, you may be eligible to have your criminal record sealed in Nevada:

If your case was dismissed or you were acquitted of all charges, you may be eligible to have your criminal record sealed as long as you don’t have other criminal actions pending against you.If you were convicted of a criminal offense in Nevada, you may be eligible to get your record sealed if the required amount of time has elapsed. See the chart below for more information.

How long must you wait before you can have your Nevada criminal record sealed?

If you were convicted of a crime in Nevada, you must fulfill the terms of your sentence before you can request to have your criminal record sealed.

Once your sentence is complete and the case against you is closed, the clock begins to run on what is known as the statutory waiting period. You must wait the entire period before your criminal record can be sealed.

During the waiting period, you cannot commit other crimes or be indicted for additional offenses.

This chart represents that statutory waiting period associated with various categories of offenses. After the waiting period has elapsed, you may petition a court in Clark County Nevada to have your record sealed.

Must the court seal a criminal record that is eligible for sealing?

Unfortunately, courts can decline to seal a criminal record that is eligible for sealing. If the court denies your request, you must wait two (2) years before filing another petition to seal your criminal record.

What is the process for sealing a criminal record in Clark County, Nevada?

The procedure for sealing a criminal record in Clark County is a multi-step process that requires careful attention to detail.

Because your petition may be denied, requiring you to wait another two years before applying to have your criminal record sealed, you may want to hire a criminal defense attorney with experience sealing criminal records.

First, you must obtain a current, verified copy of your criminal history for the purpose of sealing your record.

Contact the Las Vegas Metropolitan Police Department at (702) 828-3475 for instructions and fee information.

If you were convicted, you must also obtain what is known as a “judgment of conviction and discharge.”

You can obtain discharge papers from the District Court Clerk:

200 Lewis Avenue Las Vegas, Nevada 89155

Next, you must write a stipulation, petition, affidavit, and order. Sample forms are available on the Clark County District Attorney’s website.

Both the petition and the order must include the following information:

All arrests you wish to be sealed,

Which police agency or agencies arrested you,The date(s) of your arrest(s),The criminal charge(s) that were brought against you, and

The final disposition of each arrest (whether you were convicted, acquitted or if the case was dismissed).

The petition and order must also list all the agencies that have copies of your criminal record.

Next, you must sign and date the stipulation, petition, affidavit, and order. You must make three (3) copies of the signed stipulation, three copies of the signed petition and signed affidavit, and three copies of the signed order.

You must then mail or drop off all your paperwork to the Clark County District Attorney’s office:

200 Lewis Avenue, Room 3303, P.O. Box 552212 Las Vegas, NV 89155

The Clark County District Attorney’s office will review your paperwork and determine whether or not they believe your criminal record should be sealed. If the District Attorney’s office signs your paperwork, it is almost certain that a judge will issue an order to seal your criminal record.

If the District Attorney’s office does not sign your paperwork, they will tell you why. At this point, you may bypass the District Attorney’s office and petition the court to have your criminal record sealed. You must inform the District Attorney’s office if you do so.

If the District Attorney’s office signed your paperwork, you must then go to the clerk’s office of the correct court. The Clark County District Attorney’s office can help you determine the proper court to which you should submit your paperwork.

The court clerk will tell how much you must pay in filing fees and how to get your documents certified. The court clerk will then submit your papers to a judge for final review.

Once the judge certifies an order that your criminal record is sealed and returns the forms to you, you will then be responsible for distributing a certified signed copy of the order to all agencies that may have a copy of your criminal record.

Can juvenile criminal records be sealed in Nevada?

Under certain circumstances, juvenile criminal records are sealed automatically when the person turns 21. This applies to juveniles who have not been convicted of a crime that would have been a felony had an adult committed the crime.

If a juvenile criminal record is not sealed automatically at age 21, a person may petition a court to seal his or her juvenile criminal record upon reaching age 30.

If you have questions about sealing your Nevada criminal record, contact the Law Office of Karen A. Connolly at (702) 678-6700 today.

Nevada Ecstasy Laws and Penalties

Though Las Vegas is known as “Sin City,” residents and visitors to Clark County, Nevada are subject to strict drug laws. A conviction for possession of MDMA, or “ecstasy,” in Nevada carries a potential prison term and the possibility of costly fines.

If you have been charged with an ecstasy-related offense in Clark County, Nevada, you should contact an experienced drug crimes defense attorney right away. A lawyer with experience defending clients against charges for possession or sale of ecstasy can advise you of your rights and fight for your innocence.

It’s important to understand that having a drug offense on your Nevada criminal record can prevent you from finding a job. Because most MDMA-related charges are felonies under Nevada law, you can also lose your right to carry a firearm. Other rights, such as the right to vote and the right to hold public office, can also be affected by a felony conviction.

This page contains information about ecstasy laws and penalties in Nevada. It is not a substitute for consulting with an attorney. Only a Las Vegas ecstasy defense lawyer can give you legal advice on your situation.

Penalties for Possession of Ecstasy in Nevada

The penalties for possession of ecstasy in Nevada vary based on how many times you have been convicted of possession of a controlled substance in the past.

FIRST OR SECOND OFFENSE: A first or second conviction of possession of MDMA is a category E felony in Nevada, carrying one to four years in a Nevada State Prison. You may be able to avoid prison and a conviction if you are willing to enter a drug education or rehabilitation program.

THIRD OR SUBSEQUENT OFFENSE: A third or subsequent conviction of possession of MDMA is a category D felony in Nevada, which carries one to four years in a Nevada State Prison, and a potential fine of up to $20,000.

Because of the serious consequences of having a felony on your criminal record, you must retain an aggressive criminal defense lawyer who will fight to have your charges reduced or dropped. A felony drug conviction can impact your ability to find housing and work in the state of Nevada.

Definition of Ecstasy in Nevada

It is illegal to possess, sell, manufacture, transport, and traffic MDMA, ecstasy, or Molly in the state of Nevada. Under federal law, MDMA is a schedule I narcotic. If you are found in possession of MDMA in Clark County, Nevada, you could face both state and federal criminal charges.

Methylenedioxy-N-methylamphetamine, or MDMA, is an illegal drug of the phenethylamine and amphetamine classes of drugs. MDMA is widely known as “ecstasy,” which is often shortened to “E,” “X,” or “XTC.” The term “Molly” colloquially refers to MDMA that is relatively free of adulterants.

MDMA is sold in pill or powdered form. Ecstasy pills are often bright in color and stamped with images such as smiley faces, Playboy bunny logos, peace signs, hearts, and flowers. It is usually swallowed or snorted.

The use of MDMA is growing rapidly amongst teens and young adults. It is considered a drug of choice within rave culture and is frequently used at clubs, music festivals, and parties.

Pure MDMA is rarely found on the streets. Ecstasy is often cut with adulterants such as caffeine, procaine, methamphetamine, diphenhydramine (the active ingredient in Benadryl), pseudoephedrine, and DXM.

Possession of MDMA in Nevada – NRS 453.336

Nevada Revised Statutes § 453.336 makes it a crime to possess MDMA, ecstasy, or Molly in any amount in the state of Nevada. The classification of the criminal offense and the penalties you will face as a result of a conviction depend on the amount of MDMA you are found to possess, and whether you have been convicted of possession of a controlled substance in the past.

Many people mistakenly believe that in order to be found guilty of possession of MDMA in Nevada that the ecstasy must have been on their person at the time of arrest. This is not the case. “Possession” is broadly defined under Nevada law, and you can be subject to criminal prosecution if ecstasy is found in any location over which you exercise control.

Nevada law prohibits three types of possession of MDMA: actual possession, constructive possession, and joint possession.

ACTUAL POSSESSION OF ECSTASY: Actual possession of MDMA occurs when someone physically keeps ecstasy on their person. Examples of actual possession of ecstasy include hiding a baggie of MDMA in your underwear at a music festival or holding ecstasy in your hand.

CONSTRUCTIVE POSSESSION OF ECSTASY: Constructive possession of ecstasy occurs when someone stores MDMA in a location over which he or she has control. Examples of constructive possession of ecstasy include hiding a package of 100 pills in your freezer or keeping several grams of Molly under the passenger seat of your car.

JOINT POSSESSION OF ECSTASY: Joint possession of MDMA occurs when two or more people share control or ownership over the same ecstasy. An example of joint possession of ecstasy is a woman who has knowledge that her roommate stores ecstasy in their apartment and allows this to take place. The woman can also be prosecuted for possession of ecstasy even if she did not use the roommate’s ecstasy herself.

If you have been charged with possession of MDMA in Clark County, Nevada, contact an experienced Las Vegas drug crimes lawyer right away.

Possession of MDMA for Purpose of Sale in Nevada – NRS 453.338

Nevada Revised Statutes § 453.338 makes it a crime to possess MDMA for purpose of sale in Nevada. Many people are improperly charged with this offense because of the circumstances surrounding their arrest.

Possession of MDMA for purpose of sale in Nevada is also referred to as:

Possession of a controlled substance with intent to sell

Possession of narcotics for purpose of sale

Possession for sale of drugs

Under Nevada law, you may be punished for possession of MDMA for purpose of sale even if you have not sold any MDMA or had no real plans to do so. Clark County prosecutors will attempt to introduce any evidence suggestive of drug dealing at your trial. The penalties for this offense, which are discussed in greater detail below, are very harsh.

In order to convict someone of possession of MDMA for purpose of sale in Las Vegas, Clark County prosecutors must prove two elements beyond a reasonable doubt:

You were in possession of MDMA in any form, andYou had the intent to sell the MDMA to others.

To prove the first element, the prosecution will argue that you had actual, constructive, or joint possession of MDMA in any form as discussed above.

To prove the second element, the prosecution will argue that the circumstances surrounding your arrest or other evidence suggests that you had intent to sell MDMA. Prosecutors are typically very aggressive in their attempts to introduce this type of evidence. This is one of the many reasons why it is important to hire a reputable criminal defense attorney.

Examples of evidence suggestive of intent to sell MDMA include:

Measured quantities of ecstasy pills or powdered MDMA stored separately in small bags or containers;

Possession of a firearm or other weapon;

Possession of a large quantity of cash, especially small bills;Arrest in a high-crime area known for drug transactions;

Arrest in a location known for ecstasy use such as a music festival or club; and

Being arrested with a large quantity of MDMA while not high or intoxicated.

A conviction for possession of ecstasy for purpose of sale can alter the course of your life forever. You should not rely on a public defender to handle such a complicated and sensitive case.

Penalties for Possession of MDMA for Purpose of Sale in Nevada

The penalties for possession of MDMA for purpose of sale in Nevada depend on how many times you have been convicted of possession of a controlled substance for purpose of sale before.

FIRST OFFENSE: The first conviction of possession of a controlled substance for purpose of sale is a category D felony in Nevada. The court has discretion to impose probation. Otherwise, the judge may sentence you to one to four years in a Nevada State Prison and a possible fine of up to $5,000.

SECOND OFFENSE: The second conviction of possession of a controlled substance for purpose of sale is a category C felony in Nevada. You can be sentenced to one to five years in a Nevada State Prison and a possible fine of up to $10,000.

THIRD OR SUBSEQUENT OFFENSE: The third or a subsequent conviction of possession of a controlled substance for purpose of sale is a category C felony in Nevada. You can be sentenced to three to 15 years in a Nevada State Prison and a possible fine of up to $20,000.

It is important to understand that if you are charged in federal court with drug possession with intent to sell or distribute, you could face a harsher criminal sentence. If you have been charged with federal drug crimes related to the purchase, sale, manufacture, or trafficking of ecstasy, contact a Las Vegas federal criminal defense attorney right away.

Defenses to Possession of MDMA in Nevada

If you have been charged with possession of MDMA in Clark County, Nevada or another ecstasy-related offense, you should hire an experienced Las Vegas drug crimes defense lawyer. A lawyer can help argue against a charge of possession of MDMA and will work diligently to have your sentence reduced.

Depending on the facts of your case, the following defenses to possession of MDMA may be available to you:

LACK OF KNOWLEDGE: In order to secure a conviction for possession of MDMA in Nevada, the prosecutor must prove beyond a reasonable doubt that you had knowledge that the ecstasy was in your possession. If you did not know that there was ecstasy in the glove compartment of your car, for example, you cannot be convicted of possession of MDMA in Nevada.

LACK OF INTENT: If you have been charged with possession of MDMA for purpose of sale in Nevada, prosecutors must prove beyond a reasonable doubt that you intended to sell the MDMA to others. An experienced criminal defense attorney can argue that the circumstances surrounding your arrest do not show an intent to sell or distribute MDMA.

CONSTITUTIONAL VIOLATIONS: In some cases, it is possible to exclude key evidence from your MDMA possession trial because it was gathered in violation of your constitutional rights. A drug crimes lawyer can tell you whether your Fourth Amendment, Fifth Amendment, or Sixth Amendment rights were violated and how this might impact your ecstasy possession case.

EVIDENTIARY PROBLEMS: Sometimes, it is possible to exclude critical evidence from your ecstasy possession trial on the basis that it has been tampered with or mishandled. An experienced ecstasy defense lawyer will review the investigation conducted by police to see if this type of defense might apply in your case.

Other Ecstasy Offenses in Nevada

There are several other ecstasy-related offenses under Nevada law. Depending on the amount of MDMA found in your possession at the time of your arrest, you may be charged with violating Nevada’s harsh drug trafficking laws.

If you have been charged with any of the following offenses, contact a Las Vegas drug crimes defense lawyer right away:

Possession of drug paraphernalia

Sale of MDMA

Manufacture of MDMA

Trafficking of MDMA

Driving under the influence of drugs (DUI-D)

Transporting MDMA

Nevada self-defense laws protect a person from being punished when that person uses justifiable force against another person in a circumstances where force is necessary to protect themselves, a loved one, another person needing assistance, or their property.

Karen A. Connolly is an aggressive criminal defense lawyer with over 20 years of experience and track record of not-guilty verdicts.

Self-defense may be necessary to protect yourself or another against a variety of crimes in Nevada, which include, but are not limited to

Battery Domestic Violence

Sexual Assault

Robbery

Attempted Murder

Common Nevada self-defense scenarios:

Self-defense against battery (non-deadly force)

Self-defense against attempted murder or great bodily harm (deadly force)

Self-defense to protect property or against home invasion

Self-defense Against Battery (Non-deadly Force)

The use of non-deadly force against another to protect yourself or another against bodily injury is sometimes necessary and legal. If you have been charged with a battery after using force to protect yourself or another from being injured by another person you may have the defense of self-defense if:

You reasonably believed that you or another person was facing immediate bodily harm; and You used no more physical force than necessary to protect yourself or another person.

A person may also use non-deadly force against another in self-defense without fear of a battery or assault conviction if the circumstances would be justified under the laws allowing for the use of deadly force as outlined below.

Self-defense Against Attempted Murder or Great Bodily Harm (Deadly Force)

The “Stand Your Ground” laws gained a lot of attention after the shooting and killing of Trayvon Martin.

Nevada has its own stand your ground law, but unlike some states, in Nevada the person claiming a defense under the stand your ground law cannot be the original aggressor.

In Nevada, the use of deadly force is justifiable in certain circumstances to prevent that person from taking your life. According to NRS 200.200 a person can kill another in self-defense if it appears that:

The danger was so urgent and pressing that, in order to save the person’s own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and

The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

A person may have a defense of justifiable homicide if the killing of another person was necessary self-defense and according to NRS 200.120 has no duty to retreat before using deadly force if:

The person is not the original aggressor;

Has a right to be present at the location where deadly force is used; and

Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

According to NRS 200.160, homicide in Nevada is also justifiable if committed when used:

In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.

The person using deadly force in self-defense, however, must have more than a bare fear. The circumstances that ignited the fear must be sufficient to excite the fears of a reasonable person and the party acting in self-defense must truly act under those fears and not in revenge.

If a person is charged with a homicide and it is determined that it was a justifiable homicide then the person will be acquitted of all charges and be discharged.

Self-defense to Protect Property or Against Home Invasion

A person may use self-defense to protect their property or during a home invasion. Even the use of deadly force may be necessary and appropriate depending on the situation.

According to NRS 200.120, a person may commit justifiable homicide while protecting their home or property against a person who intends, by violence or surprise, to commit a felony or against a person who intends, in a violent, riotous, tumultuous, or surreptitious manner, to enter the home of another for the purpose of assaulting or offering personal violence to any person in the dwelling.

Again, the person using deadly force in self-defense has no duty to retreat if:

The person is not the original aggressor;

Has a right to be present at the location where deadly force is used; and

Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

Also, again the person using the deadly force in self-defense must have a fear in the circumstances that a reasonable person would have in the same circumstances and be truly acting on those fears and not in revenge.

In Nevada, if a person has knowledge of another person committing a home invasion or burglary of their residence and has reasonable fear of death or bodily injury, that person may use deadly force and does not have to fear civil repercussions from personal injury or wrongful death suits.

In Nevada, a residence is defined as a house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

For many, the use of force, whether deadly or not, is not an everyday occurrence and is not a welcomed activity, but nonetheless sometimes is necessary to protect yourself, another, or your property.

Conclusion

Nevada has implemented several laws to protect a person from criminal and civil repercussions when the need arises to use force against another to protect yourself. Self-defense can be a valid defense to many cases of battery or homicide when reasonable force is used.

Understanding Nevada Law for Prescription Drugs

In Nevada, unlawful possession or sale of prescription drugs is punished just as harshly as possession or sale of street drugs like cocaine, heroin, and ecstasy. Police officers in Clark County, Nevada have significantly increased prescription drug law enforcement efforts in recent years in response to a rise in abuse of prescription medications.

Penalties for Possession of Prescription Drugs in Nevada

The penalties for unlawful possession of prescription drugs in Nevada vary based on how many times you have been convicted of possession of a controlled substance in the past.

FIRST OR SECOND OFFENSE: A first or second conviction of unlawful possession of prescription drugs is a category E felony in Nevada, carrying one to four years in a Nevada State Prison. You may be able to avoid prison and a conviction if you are willing to enter a drug education or rehabilitation program.

THIRD OR SUBSEQUENT OFFENSE: A third or subsequent conviction of unlawful possession of prescription drugs is a category D felony in Nevada, which carries one to four years in a Nevada State Prison, and a potential fine of up to $20,000.

Prescription drugs can be powerful and highly addictive. These are some of the many reasons why unlawful possession of prescription drugs is considered a felony in Nevada.

The following drugs are commonly abused in Las Vegas, Nevada and the surrounding areas. If you are found in possession of any of the following prescription medications without a valid prescription, you could be convicted of a felony and sentenced to time in a Nevada State Prison.

Oxycontin Vicodin Adderall Xanax Ambien Lunesta Ativan

Valium Fentanyl Methadone Codeine Amytal Roxanal Percodan

Percocet Sublimaze Oxycodone Lortab Lorcet Dilaudid Demerol

Dexedrine Concerta Ritalin Opana Dolophine Duramorph Librium

This list is not exclusive. If you are found in possession of a prescription drug and you do not have a current, valid prescription for it, you can be charged with a crime. The penalties are more severe when there are circumstances suggesting that you intended to sell the prescription drugs. You can be charged with unlawful sale of prescription drugs even if you have a valid prescription for the drugs.

If you have been charged with possession of a controlled substance or possession of a controlled substance for purpose of sale in Nevada, hire an experienced prescription drug crimes lawyer right away.

NRS – Prescription Drugs

Nevada Revised Statutes § 453.336 makes it a crime to possess a controlled substance in the state of Nevada. This includes prescription drugs unless you have a current, valid doctor’s prescription. Penalties for possession of prescription drugs vary based on the amount found in your possession and whether or not you have been convicted of possession of a controlled substance before.

Taking Another’s Prescription is Against the Law in Nevada

Many people mistakenly believe that they can share prescription drugs with friends and family members. This is not the case. You are not allowed to give away your prescription drugs to anyone else under any circumstances. It is also a crime to “borrow” prescription drugs from someone else. Unless you have a current, valid prescription from a licensed physician, do not keep prescription drugs on your person, in your home, or in any other location over which you have control.

Another common misconception is that you must have the prescription drugs on your person in order to be charged with possession of a controlled substance. Under Nevada law, “possession” is broadly defined. It extends to any location over which you exercise control, including your car, home, office, or storage shed.

Nevada law prohibits three types of unlawful possession of prescription drugs: actual possession, constructive possession, and joint possession.

ACTUAL POSSESSION OF PRESCRIPTION DRUGS: Actual possession of prescription drugs occurs when someone physically keeps prescription drugs for which they do not have a valid prescription on their person. Examples of actual possession of prescription drugs include hiding a bottle of oxycontin for which you do not have a prescription in your back pocket or holding three xanax in your hand that were given to you by a friend

CONSTRUCTIVE POSSESSION OF PRESCRIPTION DRUGS: Constructive possession of prescription drugs occurs when someone stores prescription drugs for which they do not have a valid prescription in a location over which he or she has control. Examples of constructive possession of prescription drugs include hiding a bottle of codeine cough syrup under the passenger seat in your vehicle or storing several bottles of methadone in your garage.

JOINT POSSESSION OF PRESCRIPTION DRUGS: Joint possession of prescription drugs occurs when two or more people share control or ownership over the same prescription drugs. An example of joint possession of prescription drugs is two college roommates who store several bottles of ritalin and adderall for which they do not have prescriptions in their dorm room. Both roommates can be prosecuted for unlawful possession of prescription drugs.

Unlawful Possession of Prescription Drugs for Purpose of Sale

Nevada Revised Statutes § 453.338 makes it a crime to possess prescription drugs for purpose of sale in Nevada. Only doctors and pharmacists are authorized in the state of Nevada to sell and distribute prescription medications. They are subject to a complex set of state and federal rules and regulations, including licensure procedures.

Ordinary people cannot sell prescription medication to others under any circumstances.

Many people think that they have a right to sell their extra prescription medication to family and friends if they are not using it. This is not the case. Doing so is a crime. If you have leftover prescription medication, safely dispose of it.

The offense of unlawful possession of prescription drugs for purpose of sale in Nevada is also referred to as:

Possession of a controlled substance with intent to sell

Possession of narcotics for purpose of sale

Possession for sale of prescription drugs

Under Nevada law, you may be punished for possession of a controlled substance for purpose of sale even if you have not sold any prescription drugs. People are commonly accused of possession of a controlled substance for purpose of sale based on circumstantial evidence suggestive of drug dealing, including the amount of prescription medication in their possession at the time of arrest.

In order to convict someone of unlawful possession of prescription drugs for purpose of sale in Las Vegas, Clark County prosecutors must prove two elements beyond a reasonable doubt:

You were in possession of prescription drugs, and you had the intent to sell the prescription drugs.

To prove the first element, the prosecution will argue that you had actual, constructive, or joint possession of prescription drugs as discussed above. It is important to understand that you can be prosecuted for this offense even if you do have a valid prescription for the drugs. So long as there is evidence to suggest you intended to sell them, you can be charged with unlawful possession of prescription drugs for purpose of sale.

To prove the second element, the prosecution will argue that the circumstances surrounding your arrest or other evidence suggests that you had intent to sell the prescription drugs. Examples of this type of evidence include:

Quantities of prescription drugs stored separately in small bags, bottles, or containers;

Possession of a firearm or other weapon;

Possession of a large quantity of cash, especially small bills;

Arrest in a high-crime area known for drug transactions; and

Being arrested with a large quantity of prescription drugs while not high or intoxicated.

Penalties for Unlawful Possession of Prescription Drugs for Purpose of Sale in Nevada

The penalties for unlawful possession of a controlled substance for purpose of sale in Nevada depend on how many times you have been convicted of the offense before.

FIRST OFFENSE: The first conviction of drug possession for sale is a category D felony in Nevada. The court has discretion to impose probation. Otherwise, the judge may sentence you to one to four years in a Nevada State Prison and a possible fine of up to $5,000.

SECOND OFFENSE: The second conviction of drug possession for sale is a category C felony in Nevada. You can be sentenced to one to five years in a Nevada State Prison and a possible fine of up to $10,000

THIRD OR SUBSEQUENT OFFENSE: The third or a subsequent conviction of drug possession for sale is a category C felony in Nevada. You can be sentenced to three to 15 years in a Nevada State Prison and a possible fine of up to $20,000.

It is important to understand that if you are charged in federal court with drug possession with intent to sell or distribute, you could face a harsher criminal sentence. If you have been charged with federal drug crimes, contact a Las Vegas federal criminal defense attorney right away.

Defenses to Possession of Prescription Drugs in Nevada

If you have been charged with unlawful possession of prescription drugs in Clark County, Nevada or another prescription drug-related offense, you should hire an experienced Las Vegas criminal defense lawyer. A lawyer can help argue against a charge of unlawful possession of prescription medication.

Depending on the facts of your case, the following defenses to unlawful possession of prescription drugs may be available to you:

LACK OF KNOWLEDGE: A critical element of a conviction for possession of any controlled substance in Nevada is knowledge. The prosecutor must prove beyond a reasonable doubt that you had knowledge that the prescription drugs were in your possession. If you did not know that there was a bottle of Ambien for which you did not have a valid prescription in the glove compartment of your car, for example, you cannot be convicted of unlawful possession of a controlled substance in Nevada.

LACK OF INTENT: If you have been charged with unlawful possession of prescription drugs for purpose of sale in Nevada, prosecutors must prove beyond a reasonable doubt that you intended to sell the prescription drugs. A criminal defense attorney can argue that the circumstances surrounding your arrest do not show an intent to sell or distribute prescription drugs.

CONSTITUTIONAL VIOLATIONS: In some cases, it is possible to exclude critical evidence from your unlawful prescription drug possession trial because it was gathered in violation of your constitutional rights. A criminal defense lawyer can tell you whether your Fourth Amendment, Fifth Amendment, or Sixth Amendment rights were violated and how this might impact your cocaine possession case.

EVIDENTIARY PROBLEMS: Sometimes, it is possible to exclude key evidence from your prescription drug possession trial on the basis that it has been tampered with or mishandled. An experienced prescription drug crimes defense lawyer will review the investigation conducted by police to see if this type of defense might apply in your case.

Other Prescription Drug Offenses in Nevada

There are several other prescription drug-related offenses under Nevada law. Depending on the amount of prescription drugs found in your possession at the time of your arrest, you may be charged with violating Nevada’s harsh drug trafficking laws.

If you have been charged with any of the following offenses, contact a Las Vegas drug crimes defense lawyer right away:

Possession of drug paraphernalia

Sale of prescription drugs

Trafficking of prescription drugs

Driving under the influence of drugs (DUI-D)

Transporting prescription drugs

Penalties for Possession of Cocaine in Nevada

The strict penalties for people convicted of possessing cocaine in Clark County stand in stark contrast to Las Vegas’s reputation as “Sin City.”

A conviction for possession of cocaine in Nevada carries a potential prison term and the possibility of high fines.

If you have been charged with a cocaine-related offense in Clark County, Nevada, you should contact an experienced Las Vegas criminal defense attorney right away.

It is important to understand that having a drug offense on your criminal record can prevent you from finding a job. Because most cocaine-related charges are felonies under Nevada law, you can also lose your right to carry a firearm. Other rights, such as the right to vote and the right to hold public office, can also be affected by a felony conviction.

This page contains information about cocaine laws and penalties in Nevada. It is not a substitute for consulting with an attorney. Only a Las Vegas cocaine defense lawyer can give you legal advice on your situation.

Cocaine Possession Penalties in Nevada

The penalties for possession of cocaine in Nevada vary based on how many times you have been convicted of possession of a controlled substance in the past.

FIRST OR SECOND OFFENSE: A first or second conviction of possession of cocaine is a category E felony in Nevada, carrying one to four years in a Nevada State Prison. You may be able to avoid prison and a conviction if you are willing to enter a drug education or rehabilitation program.

THIRD OR SUBSEQUENT OFFENSE: A third or subsequent conviction of possession of cocaine is a category D felony in Nevada, which carries one to four years in a Nevada State Prison, and a potential fine of up to $20,000.

Definition of Cocaine Laws in Nevada

Cocaine is an illegal substance in all Nevada counties. It is defined as a schedule II drug under federal law.

Cocaine is typically sold as powder and snorted, though it can be injected. Cocaine may come in other forms such as crack cocaine, which is smoked. Crack cocaine is a “rock” or “freebase” form of cocaine. Common street names for cocaine include coke, blow, white, snow, flake, crack, and rock.

Cocaine is an alkaloid that is obtained from the leaves of the coca plant. It is a stimulant, and because of its interaction with the brain’s reward pathways, it can be highly addictive. Pure cocaine is rarely found on the streets. Cocaine is often cut with other chemicals, including benzocaine, lidocaine, levamisole, procaine, pectin, lactose, aspirin, ketamine, amphetamine, and atropine.

Possession of Cocaine in Nevada – NRS 453.336

Nevada Revised Statutes § 453.336 makes it a crime to possess cocaine in any amount in the state of Nevada. The classification of the criminal offense and the penalties you will face as a result of a conviction depend on the amount of cocaine you are found to possess.

Many people mistakenly believe that in order to be convicted of possession of cocaine in Nevada that you must have the drugs on your person at the time of your arrest. This is not the case. Under Nevada law, “possession” is broadly defined. It may extend to any location over which you exercise control, such as your home or car.

Nevada law prohibits three types of possession of cocaine: actual possession, constructive possession, and joint possession.

ACTUAL POSSESSION OF COCAINE: Actual possession of cocaine occurs when someone physically keeps cocaine on their person. Examples of actual possession of cocaine include holding a vial of crack in your hand or hiding a baggie of cocaine in your back pocket.

CONSTRUCTIVE POSSESSION OF COCAINE: Constructive possession of cocaine occurs when someone stores cocaine in a location over which he or she has control. Examples of constructive possession of cocaine include hiding an ounce of cocaine in your freezer or keeping several grams of cocaine under the passenger seat of your car.

JOINT POSSESSION OF COCAINE: Joint possession of cocaine occurs when two or more people share control or ownership over the same cocaine. An example of joint possession of cocaine is a wife who has knowledge that her husband stores cocaine in the shed and permits this to take place. She can also be prosecuted for possession of cocaine even if she did not use the cocaine herself.

Possession of Cocaine for Purpose of Sale in Nevada – NRS 453.338

Nevada Revised Statutes § 453.338 makes it a crime to possess cocaine for purpose of sale in Nevada.

This offense is also referred to as:

Possession of a controlled substance with intent to sell

Possession of narcotics for purpose of sale

Possession for sale of drugs

Under Nevada law, you may be punished for possession of cocaine for purpose of sale even if you have not sold any cocaine. People are commonly accused of possession of cocaine for purpose of sale based on circumstantial evidence suggestive of drug dealing, including the amount of cocaine in their possession at the time of arrest.

In order to convict someone of possession of cocaine for purpose of sale in Las Vegas, Clark County prosecutors must prove two elements beyond a reasonable doubt:

You were in possession of cocaine, and You had the intent to sell the cocaine.

To prove the first element, the prosecution will argue that you had actual, constructive, or joint possession of cocaine as discussed above. To prove the second element, the prosecution will argue that the circumstances surrounding your arrest or other evidence suggests that you had intent to sell cocaine.

Examples of this type of evidence include:

Quantities of cocaine stored separately in small bags or containers;

Possession of a firearm or other weapon;

Possession of a large quantity of cash;  Arrest in a high-crime area known for drug transactions;  and

Being arrested with a large quantity of drugs while not high or intoxicated.

Penalties for Possession of Cocaine for Purpose of Sale in Nevada

The penalties for possession of cocaine for purpose of sale in Nevada depend on how many times you have been convicted of the offense before.

FIRST OFFENSE: The first conviction of drug possession for sale is a category D felony in Nevada. The court has discretion to impose probation. Otherwise, the judge may sentence you to one to four years in a Nevada State Prison and a possible fine of up to $5,000.

SECOND OFFENSE: The second conviction of drug possession for sale is a category C felony in Nevada. You can be sentenced to one to five years in a Nevada State Prison and a possible fine of up to $10,000.THIRD OR SUBSEQUENT OFFENSE: The third or a subsequent conviction of drug possession for sale is a category C felony in Nevada. You can be sentenced to three to 15 years in a Nevada State Prison and a possible fine of up to $20,000.

It is important to understand that if you are charged in federal court with drug possession with intent to sell or distribute, you could face a harsher criminal sentence. If you have been charged with federal drug crimes, contact a Las Vegas federal criminal defense attorney right away.

Defenses to Possession of Cocaine in Nevada

If you have been charged with possession of cocaine in Clark County, Nevada or another cocaine-related offense, you should hire an experienced Las Vegas criminal defense lawyer. A lawyer can help argue against a charge of possession of cocaine.

Depending on the facts of your case, the following defenses to possession of cocaine may be available to you:

LACK OF KNOWLEDGE: A critical element of a conviction for possession of any controlled substance in Nevada is knowledge. The prosecutor must prove beyond a reasonable doubt that you had knowledge that the cocaine was in your possession. If you did not know that there was cocaine under the driver seat of your car, for example, you cannot be convicted of possession of cocaine in Nevada.

LACK OF INTENT: If you have been charged with possession of cocaine for purpose of sale in Nevada, prosecutors must prove beyond a reasonable doubt that you intended to sell the cocaine. A criminal defense attorney can argue that the circumstances surrounding your arrest do not show an intent to sell or distribute cocaine.

CONSTITUTIONAL VIOLATIONS: In some cases, it is possible to exclude critical evidence from your cocaine possession trial because it was gathered in violation of your constitutional rights. A criminal defense lawyer can tell you whether your Fourth Amendment, Fifth Amendment, or Sixth Amendment rights were violated and how this might impact your cocaine possession case.

EVIDENTIARY PROBLEMS: Sometimes, it is possible to exclude key evidence from your cocaine possession trial on the basis that it has been tampered with or mishandled. An experienced cocaine defense lawyer will review the investigation conducted by police to see if this type of defense might apply in your case.

Other Cocaine Offenses in Nevada

There are several other cocaine-related offenses under Nevada law. Depending on the amount of cocaine found in your possession at the time of your arrest, you may be charged with violating Nevada’s harsh drug trafficking laws.

If you have been charged with any of the following offenses, contact a Las Vegas drug crimes defense lawyer right away:

Possession of drug paraphernalia, Sale of cocaine, Trafficking of cocaine, Driving under the influence of drugs (DUI-D), Transporting cocaine.