Three Common Types of Federal Properties for Robbery Cases

There are many ways that a robbery offense automatically equates to a federal robbery charge in Las Vegas. The requirements can vary, from the severity of the crime to the type of objects stolen. In general, however, a robbery becomes a federal crime if it is committed on federally-owned locations.

Federal properties cover a wide variety of locations and types. The three most common types of federal properties involved in robbery cases are listed below.

Federal Buildings

The most visible type of federal property to most people would be Federal buildings. These locations are situated in state- and city-level population centers. A multitude of federal agencies occupy these structures,providing a variety of services at the national level, from judiciary procedures to healthcare and public security.

Historically, federal buildings housed courthouses and post offices at the same time. As cities grew and government services expanded, newer properties focused on multi-functionality and additional shared spaces for other bureaus. These days, federal buildings include historical courthouses and mixed-use properties that are sometimes attached to halls of justice.

Federally-Controlled Lands

Federal lands are open land areas under the control of the United States government. They can serve a variety of functions for present or future use, such as a preserved land for new government facilities or different types of research purposes. The type of federal land more familiar to the general public would be national parks, which are administered by the National Parks Service.

Federal lands may not have as much foot traffic as federal buildings, but there are still a variety of ways that a robbery can happen there. A perpetrator can attempt to forcibly acquire valuables from national park guests or staff. They can also attempt to steal important hardware from personnel manning reserved federal land.

Federal Bodies of Water

Much like federal lands, federal bodies of water are locations under the direct control of the United States government, reserved for a variety of uses. These bodies of water act as shipping routes for interstate and international commerce, and thus are of extreme importance to the national government. This usually includes coastal and territorial waters, as well as the rivers and tributaries directly leading to them.

Besides these bodies of water, many isolated locations also fall under federal control. These are usually lakes that are of major commercial importance (the Great Lakes) or those acting as nature reserves.

Location plays a key part in determining whether or not a robbery can automatically escalate to a federal charge or not. Nonetheless, there are still many other factors to look out for if you end up in such a legal predicament. Consult your defense lawyer to get a better understanding of how to handle your case.

What Are The Rights Covered in a Miranda Warning?

Criminal procedurals on TV and in films always invoke the Miranda Warning in their scenes, whether or not it actually applies to the situation. There is also a wide variation in the way it is portrayed, with some inaccuracies here and there. Nonetheless, the format remains mostly the same.

It is easy to forget that invoking the Miranda warning follows certain rules and procedures to be legally binding. While every state has a variation in the format, they all cover the same general rights for the defendant. Let’s look at what rights are covered in a Miranda warning in Las Vegas.

Remaining Silent

This is the most popular part of the Miranda warning that people can recognize from pop culture. Simply put, the defendant can choose not to speak to the authorities while being interrogated. The right to silence protects defendants against answering questions that would potentially ruin their future defense attempts in court.

Incriminating Words

Any words uttered by a defendant can and will be used against them in court. As such, the Miranda warning informs the defendant that they can choose to stay silent as a right to avoid self-incrimination. If the defendant chooses to waive this right, the authorities can record nearly everything they say during the entire process and it can be entered in court as evidence against them during hearings.

Legal Support

The law ensures that a defendant can have equal representation in court. As such, a defendant can ask for a lawyer as soon as their Miranda rights are read to them. This also means that they can choose to not speak unless in the presence of a competent attorney. This particular right also ensures access to a public attorney if a defendant does not have the means to pay for their own lawyer. The defendant can choose to waive this right and represent themselves in the hearing, however.

The Miranda rights are an important aspect of the criminal justice system that must be remembered by all. Keeping its covered rights in mind will give you a better chance to defend yourself in court in the event that you get charged with a crime.

How to Qualify for an Early Release to Life Supervision in Las Vegas

Getting an early release for your life supervision in Las Vegas can go a long way to getting back on track with your life after a sex crime conviction. While it doesn’t automatically mean a removal from the sex offenders’ registry, it still offers you a slight sense of normalcy. The process to attain it is also easy.

What qualifications do you need for an early release from life supervision, then? Let’s look at the important pointers below.

Meeting Your Dues

Life supervision is in place because the state needs to make sure the sex offender does not re-offend in the future. As long as they follow the provisions of their sentence properly for a prescribed period, however, they can get a chance to have it removed. Such dues may involve any of the following:

• regular check-ins with the probation and/or supervision officer
• regular checkups with a psychosexual specialist
• completing reparations
• other dues mandated by the sentence

Completing some of the other requirements early might also help, but it all depends on the circumstances of the charge.

Non-Threat

State authorities want to make sure a sex offender does not pose a threat to other people when they are in the outside world. This includes both possible sexual situations and bouts of violence on the part of the offender. This gets higher priority if the offender has a history of violent crime, like assault and severe battery.

To confirm that a person is a non-threat to society at large, they must receive a certification from a recognized psychosexual professional. They will undergo several tests with a checklist that must be met. In some situations, the offender must attend several sessions with the clinic before they can be cleared as a non-threat.

Clean Shade

In general, lifetime supervision has a minimum period of ten years before any legal action to revoke it can be done. During this time, the offender must not receive a conviction for crimes that can harm people to qualify for an early release. Failure to do so means that the offender will have to wait another ten years to get a chance to apply.

Crimes that can harm people may include any of the following:

• child abuse
• sex crimes
• physical assault
• domestic violence
• threat of force
• forceful entry into property
• property damage

Consult with the authorities to check what other crimes are considered crimes against safety and well-being in Las Vegas.

Qualifying for early release from life supervision may be easy, but its requirements are stringent and can easily block any request attempts if not handled properly. Ask your defense attorney about how to handle the work more fluidly.

Why Defendants Withdraw Their Guilty Pleas in Las Vegas

Every defendant has a right to withdraw their guilty or no-contest plea in Las Vegas. With this right, they can continue to present their case and possibly get a better verdict than what they would receive with a plea deal. Of course, this could only work if they have a solid case to back them up, and if the judge in charge actually approves the withdrawal.

There can be many reasons for a defendant to withdraw their original guilty plea. However, only a few have a chance of being considered by the courts, and even fewer can be considered valid. Let’s look at the more common reasons why defendants withdraw their guilty pleas in Las Vegas.

Incompetence from the Defense

There are instances when the defense lawyer is actually a detriment to the defendant and their case. The lawyer could be performing below expected parameters, such as offering weak arguments or failing to present evidence properly and promptly. In such cases, the defendant can personally appeal to have their plea withdrawing because their counsel is acting incompetently. A related instance would be if the counsel is acting as if they are consciously disrupting their own case.

Psychological Fitness

A defendant must be of sound mind to stand trial. That also counts for entering a plea prior to the criminal hearing itself. The defendant can withdraw their plea if they provide evidence that their plea was entered while they were not psychologically fit to do so. This may be due to situations like the defendant was inebriated, acting out due to strong emotions, or affected by fear or extreme stress.

Coerced Plea

A plea must be entered with the defendant fully understanding the consequences of such an action. That won’t work if the plea was entered while the defendant was under duress at the time. If the defendant can prove that the guilty plea was made without their full consent, they can have it withdrawn. This also covers situations when the plea was made without telling the defendant the full detail of the plea.

Constitutional Issues

There are rare instances where a defendant can request to withdraw their plea because of certain constitutional issues affecting their case. For example, the defendant can imply that the right to counsel was violated because of the previously noted issue of attorney incompetence. Another typical case for this would be the judge being charged for impropriety because they get too involved with the plea deals.

Withdrawing your previous guilty plea is an important right that you can have as a defendant. Talk to your defense lawyer to better understand how the process works.

Common Criminal Charges Heard in Nevada Appellate Courts

The Nevada Appellate Courts cover a variety of cases as part of its mandate. This is the last court a person can go to when they want their charges reversed or dismissed; if the appeal fails here, then the judgment becomes irreversible. Because of this, they can cover a wide variety of legal hearings.

You might be confused about whether or not your case result can be submitted to the court of appeals for reevaluation. For that matter, it can help you to know what criminal case results are heard in a Nevada Appellate Court. Let’s look at the most common ones below.

Plea Deal Results

The Appellate Courts have jurisdiction over criminal verdicts that ended with pleas. The appeal may be in relation to terms that are unacceptable to the defendant, or may be due to new developments in the case that the defendant wishes to utilize. Plea-related appeals include:

• Regular plea deals for most criminal cases

• Insanity pleas, mostly for violent crimes or crimes involving physically assaulting another person

• Alford pleas

Felony Convictions Up to a Certain Level

The appeals court can also cover convictions for felony charges. However, these convictions must be for felonies up to category C only. Individuals convicted for category B and category A felonies are barred from appealing their conviction because these crimes are too severe to appeal.

On a related note, convicted individuals can opt to challenge the conviction decision itself, rather than the circumstances of the conviction. That is, the appellant can complain about the process for the conviction, rather than the conviction they were charged with. Unlike the previous circumstance, challenging the conviction process is valid up to category B felonies, barring certain circumstances.

Correcting and Modifying Sentences

The defendant can go to the appeals court to challenge terms regarding the correction of their sentences. That is, the appellant can ask the court to fix discrepancies between the actual sentence and the sentence as recorded in court documents. It can be something as simple as a typographical error or as serious as an extra line of penalties that were not present in the original conviction.

Other times, a defendant can go to the appeals court in order to modify the sentence they received. In general, ‘modifying a sentence’ usually means asking for a reduced sentence. The appellate courts are the last place that can hear a request to modify a conviction; if they deny the request, the defendant will have to serve the full sentence and hope that good conduct will grant an avenue to re-apply for reduction down the line.

Appellate courts can be the thin line between an overturned conviction and the full brunt of a criminal sentence. Consult your defense attorney to determine how to properly state your case and get a better chance of having your appeal  upheld.

Three Instances When You Can Request for a DMV Hearing in Nevada

DMV administrative hearings allow a driver to avoid getting a license suspension or revocation in Las Vegas. It allows them to present their side of the case, explaining the circumstances of their violation in detail. While it has no bearing on their criminal case (if one did arise in connection to their violation), it can help them avoid losing their license if they win the DMV hearing.

An entity only has seven days from receiving a notice of license suspension or revocation before it comes into effect. The notice arrives after any one of three instances happen in your case. Let’s look at these instances for requesting a DMV hearing in Nevada in greater detail.

Immediate Instance

In cases like a DUI arrest, the notice for license revocation isn’t always required for the defendant to request a DMV hearing. They can simply ask the authorities if they can contact the DMV to schedule the hearing, then proceed with the request process like normal. they can request this even if they are already in jail pending a criminal hearing.

In other situations, the request for administrative hearing can be submitted after the defendant has completed their breathalyzer test. It can still count even if the defendant refuses to take the test in the field.

Delayed Notice

If you submit to a blood alcohol test after a DUI stop, you can only receive the notice of revocation after the results have come in. This means that you can potentially receive the notice a week or so after the incident. There is no need to worry about missing your deadline, however, as the submission window only opens up after you’ve received the result of your blood alcohol test.

Demerits

There are instances when you can receive a notice of license suspension or revocation even without getting arrested. The most common instance would be when you’ve reached a certain amount of demerit points on your license. This can happen due to accumulating minor infractions on your driving record, or because of one major violation that immediately reached the points threshold.

Apart from incidents like DUI, you can get demerit points for violations like

• driving through a red light
• driving without a license plate
• driving with an unauthorized license plate
• speeding

Submitting to a DMV administrative hearing is an easier process than applying to reinstate your license. Take the chance to request a DMV hearing as soon as you can. Consult with your defense attorney to plan how you can effectively win such a hearing and avoid long-term consequences.

Five Common Probation Violations in Las Vegas

Nevada’s courts take their probation provisions seriously. Every offender who has received a probation for their charges are put under strict monitoring to ensure that they do not commit any violations or reoffend while away from prison. As such, offenders endeavor to adhere to the conditions given to them to avoid going back to prison or receiving harsher penalties.

Unfortunately, breaking probation rules can be easy even if the offender does not intend to do so. Courts are very adamant about enforcing these rules because they’re easy to break. Let’s look at five common probation violations that Las Vegas law enforcement has to deal with.

Breaking House Arrest

A common provision for offenders who negotiated a probation would be to spend a part majority of their sentence while confined at home. That means that they don’t have to stay behind bars and can still enjoy their personal amenities while serving their term. This however can get boring pretty fast, especially for the active types of offenders. As such, they may accidentally leave the property out of habit, leading to a house arrest violation. Others may instead use the house arrest to attempt a breakout and skip town.

Skipping on Community Service

Some minor charges may have community service as a provision for probation. This may include tasks like cleaning public property or assisting in community wellness programs. In some cases, offenders opt to avoid rendering their required hours and do something else. Others may forget that they have to do such service as part of their terms. Despite being a relatively minor violation, skipping on community service can lead to increased scrutiny from the probation officer if it happens frequently.

Alcohol-Related Violations

When an offender secures a probation for alcohol-related charges (like DUI or domestic violence instigated by excess alcohol consumption), they are mandated to check in regularly for BAC tests. They may also be required to wear a SCRAM bracelet for the duration of their term to show that they are committed to staying sober. Habitual drinkers have a hard time following this provision because of the difficulty of going turkey, unless they get serious support. Missing blood tests appointments can be worse, as these are scheduled in advance. Skipping on these tests can raise the probation officer’s suspicions and may lead to an arrest warrant and a revocation hearing if it becomes too frequent during the term.

Avoiding Restitution Payments

Charges that directly involve a victim or victims will require the offender to pay restitution, whether or not they request for probation. In some cases, the offender can negotiate increased restitution payments in exchange for not spending time in prison. The offender must be sure that they can meet these final obligations if they wish to maintain their probation privileges. Otherwise, they will receive more serious non-financial penalties to compensate.

Failure to Report In

An offender on probation is assigned a probation officer who acts as their monitor and supervisor for the duration of their term. They make regular reports to the court regarding the offender’s current progress with their term, from hours of community time served to their current whereabouts. They also require offenders to check in with them at a pre-approved schedule, at which time the offender will be interviewed regarding their sentence. Failure to comply will result in increased scrutiny from the probation officer; if there is sufficient grounds to suspect a violation, the probation officer can easily alert the courts who will authorize an arrest.

Probations provide some measure of freedom for the offender to do things that they would otherwise not be able to because of a prison term. However, even the slightest misstep can lead to the revocation of those freedoms. Talk to your Las Vegas defense attorney about steps to avoid violating your probation.

What Makes You Eligible for Felony Probation in Las Vegas?

So you’ve been convicted of a felony in Las Vegas. You’re not too keen on spending time in prison, but it’s one of your sentence penalties. Thankfully, your defense attorney believes that your case is eligible for a felony probation, if you can request one from the court.

Nevada law grants people convicted of felonies to avail of probation for their cases. However, the state is very strict about the requirements before it can approve any applications. Three of the most important factors are listed below.

Not a Violent Crime

Violent crimes are automatically marked as higher-category felonies. A crime counts as a violent crime if a victim was severely wounded or killed during the act. Any defendant convicted for a violent crime becomes ineligible to apply for felony probation.

There are many felonies that are not violent, but not all of them are fully eligible for probation. In addition, some non-violent felonies may also be prohibited from application if they go beyond a maximum limit, or if the charge goes to federal court. Examples of non-violent felonies include:

• Property crimes like larceny and embezzlement
• White collar crimes like tax fraud
• Drug crimes

Ask your lawyer about whether or not your non-violent crime can be eligible for probation.

Clean Sheet

Applying for a felony probation is harder for defendants who have a criminal record prior to their current conviction. A prior record means that the defendant may reoffend while outside prison. As such, courts tend to automatically deny probation requests from such individuals.

The court expects a defendant to be trustworthy enough to be given a bit more freedom while serving their sentence; having convictions from earlier charges can complicate things. If it is your first conviction, chances are the judge will be a bit more lenient about your request to serve out the rest of your term under probation.

No Lethal Weapons

As stated earlier, you’re going to have a hard time applying for a felony probation if you committed a violent crime. What makes the process more difficult is if the crime also involved a deadly weapon. This further escalates the crime into a higher level of felony. Murder and aggravated assault are common examples where deadly weapons are involved.

Applying for a felony probation can make your time serving a conviction easier, and with good behavior can even lead to a shorter sentence. Of course, that still depends on the severity of your crime. Ask your Las Vegas defense attorney about what circumstances apply to your case.

What to Keep in Mind When Dealing with Nevada DMV Demerit Points

Nevada’s Department of Motor Vehicles implements a demerit system for drivers who commit driving violations in the state’s roads. It is designed to be a deterrent against reckless drivers on the road. Once the driver has reached the minimum 12 points on their licenses, it is automatically suspended and will remain as such for a set period.

If you’re dealing with demerit points and a possible license suspension for the first time, your first instinct may be to seek any legal methods to avoid them. However, it’s not as simple as filing a restraining order like other charges. Here’s a few things to keep in mind when dealing with DMV demerits in Nevada.

Can I Remove Points?

Yes, the court allows you to remove some of the points on your license by attending a DMV-mandated traffic safety course. There are multiple driving schools across Nevada that are duly licensed to provide these courses to eligible drivers. Once the driver completes the program, they can have three points removed from their current record automatically. Remember, however, that the points removal can only be done once per 12-month period. You cannot game the system by trying to sign up for different traffic courses during the time; only the first completed course counts.

Do Plea Bargains Count?

No. the court-ordered traffic course prerequisite only counts if it is related to a sentencing. A plea bargain means you are negotiating with the court to reduce your penalties but still accepting the points that you received. Plea bargains also do not offer options to have points removed through direct negotiations with the court.

Quick Returns

Completing your road safety course and getting your three points removed is not an excuse to return to old reckless habits. In fact, there is a chance that you might get even more demerit points on your license afterwards if you get sloppy, instantly leading to a suspension. This is worse if you are a repeat offender with a previous demerit-related suspension. Keep in mind that the length of time your license is suspended extends for repeat offenses.

Don’t underestimate demerit points just because they don’t always land you in prison. They can be a serious legal headache down the line. Always follow traffic rules and safety requirements to avoid any judicial woes later on.

Three Common Defenses Against Child Abuse Charges

Many instances of child abuse are tied to excessive use of corporal punishment. That is, the parent goes beyond disciplining a child for bad behavior and veers straight into outright inflicting pain. Repeated instances of spanking or hitting are common, as well as cases where the child is kept in their room and barred from doing things outside for a set period, like eating dinner with the family.

In the face of these allegations, many defendants have come up with ways to prove their innocence. These arguments can range from claims of simple misunderstanding, to outright justifications about why they did it. Below are just three common claims against child abuse charges.

Cultural Defense

Corporal punishment has been around for most of human history, maybe even longer. It’s been around so long, in fact, that different cultures have their own take on how to implement it and how important it is for maintaining family relationships. It is a reason why many people facing child abuse charges related to disciplining their children will claim that it is part of their culture. That is, the parents grew up in an environment where parents are obligated to correct their children through physical means. This defense is slowly being undermined as governments across the world are slowly adapting the principle that corporal punishment is an abuse of children’s rights.

Proportionality

Some defendants justify their actions by claiming that they only acted within their limits. For example, a parent may claim that they only intended to spank their child as a warning; they did not intend to cause long-term physical pain. Defendants may think that they enacted a punishment proportional to what the child deserves. However, there are instances where the defendant clearly acted beyond what is proportional to a child’s misbehavior, i.e., striking the child for whining about not getting a toy instead of just reprimanding them.

Accidents

This particular argument contends that the corporal punishment itself did not cause harm to the child; instead it was inflicted due to an accident that happened during or after the fact. For example, the defendant may claim that the child hit their head while trying to run away from a spanking, causing severe injury. While this can explain away light bruises or bumps, it will have a hard time standing in court if more severe harm is present (like visible wounds and cuts, or outright life-threatening injuries).

Defending against a child abuse charge can be difficult, but it does not mean one has to resort to common defenses to get a dismissal. Speak to a veteran domestic violence attorney and find a more effective way to prove innocence.