The Accused

DRUG POSSESSION AND SALES

Since 1971, America’s War on Drugs has resulted in the arrest, conviction, and incarceration of countless individuals throughout the United States. The exceedingly large budgets and political impetus for this program have prompted law enforcement to focus heavily on drug-related crimes. There is tremendous pressure on law enforcement officials to conduct drug investigations and make arrests. Unfortunately, this results in critical mistakes. There are often hurried and flawed investigations that result in bad arrests. Maningo Law will hold law enforcement accountable and protect your rights.

If you are concerned about impending drug charges, whether it is simple misdemeanor possession or the trafficking of large amounts- seek the advice of an experienced Las Vegas drug crime attorney who can evaluate your situation. Contact Maningo Law.

Drug crimes are serious offenses that can result in extremely harsh punishments. When an individual is charged with a drug offense, both law enforcement, and prosecutors will take into consideration several factors when determining how to proceed with the individual’s case.

These factors include, but are not limited to, the following:

• Type of drug found;
• Purpose for its possession;
• Quantity of the drug found; and
• Prior criminal history of the accused.

A wide variety of criminal offenses that are considered drug crimes, include:

• Drug Possession
• Distribution of Drugs
• Driving Under the Influence of Drugs
• Drug Possession with Intent to Sell
• Drug Manufacturing
• Drug Trafficking
• Prescription Drug Violations
• Violation of the Uniform Controlled Substances Act

If you have been charged with any of the above offenses—or a similar offense—it is in your best interest to seek the help of a seasoned attorney. Contact Maningo Law.

Nevada has some of the toughest laws in the Nation for drug offenses. It is a Felony offense to possess any amount of Cocaine or Methamphetamine in Nevada. In many jurisdictions, a nominal amount of an illegal substance (such as Cocaine or Methamphetamine) can be charged as a misdemeanor. In Nevada, when someone possesses as little as 4 grams of a Schedule 1 drug, it is considered a ‘trafficking’ offense and the punishment is mandatory prison.

To navigate the difficult area of law related to drug crimes in Las Vegas, you need an experienced, knowledgeable and aggressive attorney on your side to ensure your case is handled correctly. A conviction for a drug related crime can have damning consequences to an individual, including time in jail and/or prison, hefty fines, mandatory drug counseling, failed background checks, difficulty finding employment, and denial of public benefits.

Being charged with a drug crime can be devastating, but it doesn’t have to be. Contact Maningo Law.

WHITE COLLAR CRIME

A white collar crime is generally more complex than a typical criminal case. Many white collar crimes are charged at the federal level. These crimes include racketeering (RICO), embezzlement, money laundering, mail fraud, Ponzi scheme, mortgage/bank/securities fraud, and other money crime. The federal government’s resources make it difficult for any white collar criminal defendant. If you have been arrested or are facing the possibility of arrest for a white collar crime, you should contact an attorney who has experience in these matters immediately. Contact Maningo Law.

With white-collar crime, like most federal crime, the FBI will investigate, surveil, wiretap phones and secure confidential informants to build a case. The FBI or US Attorneys may even advise you that you are a ‘person of interest’ or a ‘target.’ The moment you suspect you may be implicated in white-collar crime- contact an experienced federal white collar criminal defense lawyer. Lance Maningo has more than 20 years of legal experience; handling white collar criminal matters for clients in Nevada. Contact Maningo Law.

FEDERAL AND JUVENILE CRIME

Federal and Juvenile crimes are jurisdictionally unique and require somewhat specialized legal knowledge. Maningo Law has been handling these cases for more than 20 years.

Juvenile Crime

Juvenile crime and the juvenile system is similar to the adult system, but the nomenclature and vernacular is different. Instead of a criminal complaint, in the juvenile system, there is a petition for delinquency. Instead of a trial, in the juvenile system there is an evidentiary hearing. Instead of a plea, in the juvenile system there is an admission or denial. Instead of a sentencing, there is a disposition.

More importantly, unlike the punitive adult criminal system, the juvenile system tries to rehabilitate kids and avoid recidivism. It is important to have a lawyer that knows the juvenile system and how it works. Contact Maningo Law.

Criminal behavior can begin at a very early age, but because a person is not considered mentally and physically developed until age 18, Nevada has a separate criminal justice system dedicated to the punishment and rehabilitation of juvenile offenders.

There are three types juvenile cases that a minor may be involved in. These include:

• Status offenses;
• Delinquency offenses; and
• Juvenile being tried as an adult

Juvenile Status Offenses-

Status offenses are acts that would be otherwise legal if committed by an adult. These can be minor offenses like truancy from school or violation of curfew, or can be more serious offenses that are specifically illegal by virtue of the person’s status as a minor.

For example, a juvenile is generally prohibited from possessing alcoholic beverages or from driving a vehicle with a 0.01% blood alcohol level until he or she reaches the age of 21.

Juvenile Delinquency Offenses-

In the Nevada juvenile court system, a delinquency offense is any act that would be a crime regardless of the age of the person who committed it. For example, if a juvenile commits an act of vandalism, the crime can be charged with a delinquency offense.

A delinquency or status offense case will proceed through three primary stages:

1. the detention hearing;
2. the evidentiary hearing; and
3. the disposition hearing.

The detention hearing takes place if the juvenile defendant is being held in juvenile hall. Similar to an arraignment in an adult criminal case, a defendant in juvenile court may admit or deny the charges in the petition during this hearing. The judge may decide to keep him or her in custody or release the juvenile to the custody of the parents or legal guardian if the judge determines the minor is not a serious risk to the community.

The evidentiary hearing is essentially a trial, but it differs from a typical criminal case in that a minor facing a criminal charge in juvenile court does not have a constitutional right to a jury trial. Instead, the case is tried and decided by a juvenile court judge in a bench trial. During this hearing, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt. The defendant has an opportunity to defend himself or herself during this phase and is entitled to have a defense attorney.

If the juvenile defendant is found guilty, the judge is said to have “sustained the petition,” and the case will proceed to a disposition hearing for determination of a sentence. Typical sentences in juvenile cases involve serving time in juvenile hall, as well as fines. In some cases, the court will hold the parents liable to pay the fines for their child’s conduct.

Trial As an Adult-

Nevada law permits a juvenile over the age of 16 to be tried as an adult for any crime under the court’s discretion. Between the ages of 14-16, the juvenile can only be tried as an adult for serious violent or sex-related crimes, such as

• Murder with special circumstances (if the minor personally killed the victim);
• Rape with force, violence, or threat of great bodily harm;
• Spousal rape with force, violence, or threat of great bodily harm;
• Forcible sex in concert with another;
• Lewd and lascivious acts on a child under 14 with force, violence, or threat of great bodily injury;
• Forcible sexual penetration; and
• Sodomy or oral copulation by force, violence, or threat of great bodily injury.

Before a juvenile can be tried as an adult, the court must make a determination of his or her fitness to stand trial as an adult. The decision will turn on whether the treatment, training, and care programs of the juvenile system would be effective in rehabilitating the minor, and whether the court believes these programs would be able to reasonably deter the minor from future criminal behavior. This involves reviewing multiple factors concerning the case and the defendant’s circumstances, including:

• The gravity of the offense and the circumstances of the case;
• The minor’s degree of criminal sophistication;
• Whether rehabilitation could be achieved prior to the expiration of the juvenile court’s jurisdiction;
• History of delinquency; and
• Whether past attempts at rehabilitating the minor by the juvenile court have been effective.

If the court determines that the juvenile must be tried as an adult, the case will be moved into the adult court system, and, if found guilty, the defendant can be punished in the same manner that an adult would be punished for the crime he or she committed.

Assuming the minor is tried in the juvenile system, there are a variety of available punishments for status and delinquency offenses. Unlike with adult offenders, the punishment of these crimes is generally intended to correct the behavior of the offender and teach them to be productive members of society before they reach adulthood. These punishments can include:

• Probation;
• Restitution to the victim;
• Fines;
• Community service;
• Time in a correctional facility or Juvenile Hall;
• Placement in a foster home;
• Training programs; and
• Secured detention.

Juvenile records can be sealed, which means that the record of a person’s crimes before the age of 18 may be hidden from public records. This prevents the record from being discovered by a background check for employment and allows an applicant with a juvenile record to deny its existence without penalty. The records of any arrest without a charge or conviction can also be sealed.

The process of sealing a juvenile record is not automatic, and certain types of offenses are ineligible to be sealed, such as murder, arson, robbery, carjacking, many sex offenses, and any other violent felonies. To seal a record, the juvenile must file a petition with the juvenile court in the county he or she was convicted, and meet the following criteria:

• Be 18 years of age or older;
• Have no misdemeanor or felony convictions as an adult involving a crime of moral turpitude (dishonest or immoral behavior);
• Convince a court that he or she is rehabilitated; and
• Have no pending civil litigation as a result of the juvenile criminal acts.

Federal Crime

With federal crimes, the FBI will typically investigate, surveil, wiretap phones and secure confidential informants to build a case. The FBI or US Attorneys may even advise you that you are a ‘person of interest’ or a ‘target.’ The moment you suspect you may be implicated in a federal crime- contact an experienced federal criminal defense lawyer. Lance Maningo has more than 20 years of legal experience; handling federal criminal matters for clients in the District of Nevada and the Ninth Circuit Court of Appeals. Contact Maningo Law.

With federal crimes, you will be facing powerful government agencies and relentless federal prosecutors who are determined to convict you. Some federal crimes are also subject to federal sentencing guidelines and mandatory minimum sentences, many of which are excessively harsh.

The odds may seem against you, which is why it is critical that you seek the help of an experienced federal criminal defense lawyer. Maningo Law has gone up against federal prosecutors and law enforcement agencies in the past and won. Put Maningo Law’s proven, trial-tested defense on your side today.

THEFT/BURGLARY/ROBBERY/LARCENY

If you have been charged with burglary, robbery, theft, larceny or any property-related crime, you need experienced legal representation. Your liberty may be at risk. The Las Vegas theft crime lawyers at Maningo Law represent clients who have been charged with a wide range of crimes related to property.

A property crime is one that involves material possessions rather than people. Many property crimes result in multiple charges for the same action.

Theft of property under $650 is a misdemeanor- called petty larceny (NRS 205.240), with a possible jail sentence of 180 days. Theft of property valuing $650 or more is a class C felony- called grand larceny (NRS 205.220), with a possible prison sentence ranging from one to five years. Grand larceny of property valuing $3,500 or more is a class B felony, with prison sentences ranging from one to 10 years.

Robbery is the taking of another’s property with the use or threat of force. When force or the threat of force is used to take something that belongs to another, a robbery has occurred. (NRS 200.380). The penalty for Robbery is two to 15 years in prison.

Anytime a gun or other weapon is used in the commission of a crime, there are enhanced/increased penalties.

Burglary is defined as ‘entering a property with the intent to commit a crime.’ (NRS 205.060) Burglary can be charged whether you went into a convenience store and shoplifted a pack of gum or if you entered a casino and tried to cash a forged check. It is a crime based on the intent at the time of entering a dwelling.

Maningo Law has successfully represented hundreds of persons charged with property/theft crimes. In addition to those crimes detailed above, Maningo Law has defended individuals charged with possession of stolen property (NRS 200.275), shoplifting, larceny from a person (NRS 205.270), embezzlement (NRS 205.300), possession of stolen vehicle (NRS 200.273), and grand larceny of a motor vehicle (NRS 200.228). Contact Maningo Law.

SEXUAL ASSAULT

Of all the possible crimes in Nevada, no group of crimes is more devastating to your life than sex crimes. If you are accused of a sex-related crime, the punishment you face could include years in prison and expensive fines. However, these consequences may not be as severe as the lifelong requirement to register as a sex offender. Under Nevada Code, sex offender registration is required if you are convicted of certain sex crimes. This could have a major impact on your life. Your name and conviction information could be made available to the public, you may not be able to visit schools or parks, and you could find it difficult to obtain and maintain gainful employment. That is why you should speak to our experienced sex crime attorneys right away if you are accused of any sex crime.

With your freedom and your future at stake, you should put your trust in the hands of a skilled and knowledgeable sex crimes defense attorney. Contact Maningo Law. If you do not wish to live with the negative stigma that comes with being a convicted sex offender for the rest of your life, the best thing you could possibly do is hire a sex crime lawyer who has experience dealing with the specific crime you are accused of in the court where your case is pending. When you are accused of a sex offense, the most important thing you could do is hire a sex crimes defense attorney. This area of law is very complex and requires the knowledge of someone who has handled these types of cases before.

So, why should you hire a lawyer who is specifically a sex crime lawyer? Why hire Maningo Law? Well, you wouldn’t go to a dermatologist and ask them to treat you for a brain tumor, would you? The same could be said about the law. It is extremely important that you know that sex crimes are different than other areas of law. Not only do they carry harsher consequences, but they also involve a number of complex things that factor into your case. Only a sex crime attorney will be suited to handle your defense in a way that will help you obtain the best possible outcome.

The sex crime lawyers at Maningo Law will give you the best possible chance at obtaining a favorable result in your case. But why? This is because a sex crime attorney has experience handling cases involving sex crimes. That experience is meaningful because it means your sex crimes defense attorney will understand how to prepare a winning defense strategy tailored to your case.

For instance, one of the things many sex crime lawyers do not do to help build your defense is work with experts. At Maningo Law, our sex crimes defense attorneys have established excellent relationships with experts who can testify on your behalf.

Another way our sex crime lawyers are able to stand out from other criminal lawyers is by attacking the credibility of the alleged victim while raising your credibility. Most sex crime cases are “he said/she said” cases, meaning they involve the defendant’s word against the accuser’s. By attacking the credibility of your accuser, our sex crime lawyers may be able to convince the jury or prosecution that he or she cannot be trusted. Meanwhile, by building up your credibility, our sex crime attorneys will show that you are a reliable person and your word can be taken as the truth.

If you are searching for a sex crimes defense attorney, you should contact Maningo Law. Our sex crime lawyers have been successfully defending clients accused of sex crimes in Nevada for more than 20 years. We’ve helped thousands of clients facing severe consequences obtain positive results in their cases, and we can defend you against sex crime charges now.

The consistent success of our sex crimes attorneys has earned our law firm a reputation for being one of the best, most experienced sex crime defense firms in Las Vegas. This has led us to earn achievements such as a 5 out of 5 AV rating with Martindale-Hubbell and a 10 out of 10 on AVVO. In addition, we pride ourselves on providing the best customer service possible. Our clients continue to write excellent reviews of our service and refer their friends and family to us because of the way we treat them. When you hire Maningo Law, you are not just a client- we will treat you and your case with the utmost respect and care. Contact Maningo Law.

BATTERY DOMESTIC VIOLENCE

Nevada’s domestic violence laws protect persons from violent crimes committed by persons with whom the victims share certain domestic relationships. Nevada also provides protection to domestic violence victims by providing a system where victims can obtain court-issued protective orders.

Nevada domestic violence laws apply to current and former spouses, persons related by blood or marriage, persons who currently or formerly resided together, persons who are or were in a dating relationship, people who have a child in common, the minor child of any of these people, or a person appointed legal guardian for the minor child of any of these persons. Domestic violence occurs when one of the following offenses is committed between any of these persons:

• battery
• assault
• compelling the victim through force or threat to perform an act that the victim has a right to refuse to perform, or compelling the victim through force or threat to refrain from performing an act that the victim has a right to perform
• sexual assault
• engaging in knowing, purposeful, or reckless conduct designed to harass the victim, including but not limited to stalking, arson, trespass, larceny, destruction of private property, carrying a concealed weapon without a permit, or injuring or killing an animal
• false imprisonment, and
• unlawful entry into victim’s residence or forcible entry into the victim’s residence against the victim’s will, if there is a foreseeable risk of harm to the victim from the forcible entry.

(Nev. Rev. Stat. § 33.018)

A defendant convicted of a battery domestic violence is guilty of a misdemeanor if the defendant has no other domestic violence battery convictions within the previous seven years. Such conviction carries a minimum of two days in jail, 48 hours of community service, a $200 fine, and must attend classes once per week for 6 months. A defendant may receive up to six months in jail.

A conviction for a second domestic violence battery within a seven-year period is also considered a misdemeanor, but it carries a minimum sentence of ten days in jail, 100 community service hours, a $500 fine, and must attend classes once per week for one year. Again, a defendant may receive up to six months in jail.

A defendant convicted of a third or subsequent conviction for domestic violence battery in a seven-year period is guilty of a Class C felony. Class C felonies carry a sentence range of one to five years in prison and up to a $10,000 fine. A domestic violence battery is also punished as a Class C felony if it involves strangulation. Under such circumstances, the domestic violence battery carries up to five years in prison and a $15,000 fine. Probation is not an option.

Limited dismissal rights-

Nevada law includes a very unusual requirement when it comes to how the prosecutor may handle a charged case. It prohibits the prosecutor from dismissing a domestic violence battery charge in exchange for a plea of guilty, guilty but mentally ill, or nolo contendere to a lesser charge or for any other reason- save and except insufficient evidence. This means that plea bargains (to lesser offenses) are allowed only if the prosecutor can represent to the court that he/she does not have enough evidence to convince a trier of fact beyond a reasonable doubt. He/She cannot offer the plea because other, more pressing cases deserve his attention, or because he thinks a lesser charge will send the defendant the right message.

(Nev. Rev. Stat. § § 193.130, 200.485)

Required arrests-

A police officer is required to make an arrest of a person suspected of committing a domestic violence battery within the preceding 24 hours, regardless of whether the officer has a warrant. If two (or more) people accuse each other committing domestic violence battery, the officer is required to arrest only the person determined to be the primary aggressor.

(Nev. Rev. Stat. § 171.137)

If you or a loved one needs an experienced battery domestic violence lawyer- contact Maningo Law.

DUI AND DMV ADMINISTRATIVE HEARINGS

Driving Under the Influence-

The offense of “driving under the influence” is described differently depending on the State you live in. In Nevada, it is described as “DUI” which stands for “driving under the influence.” Other States refer to the offense as OUI (“operating under the influence”), DWI (“driving while intoxicated”), DUII (“driving under the influence of an intoxicant”), OMVI (“operating a motor vehicle while intoxicated”) and the list goes on and on. It is important to note that DUI in Nevada is generally used to describe all forms of driving under the influence, including “drunken driving” as well as “drugged driving.” Nevada’s DUI laws or “statutes” are codified in Chapter 484C of Nevada’s Revised Statutes (“NRS”).

Nevada DUI-

In Nevada, you are “driving under the influence” when you drive, or are in “actual physical control” of a vehicle on a highway or on “premises to which the public has access” while under the influence of an intoxicating liquor, a prohibited substance, a controlled substance or any other chemical, poison or insolvent which renders you incapable of safely driving. Like nearly every other state, Nevada has “per se” DUI laws which mean that the law will consider you legally impaired regardless of whether you are actually impaired.

Nevada’s “Per Se” DUI Law-

Nearly every state has adopted a “per se” DUI Law. In Nevada, you are “per se” driving under the influence if you have a blood-alcohol content (“BAC”) of 0.08 or higher or if a specific amount of a prohibited substance is found in your blood or urine. “Per se under the influence” means that you are automatically considered to be in violation of Nevada’s DUI laws regardless of whether you are actually drunk, drugged or otherwise impaired to a degree rendering you incapable of safely operating a motor vehicle. In addition to the per se law, you can also be convicted of a Nevada DUI for “driving under the influence” of an intoxicating liquor or controlled substance. The “under the influence” law allows the State to charge you even where your BAC or prohibited substance level is not equal to or greater than the prescribed per se levels. Thus, you could conceivably have a BAC of 0.06 and still be charged with and convicted of a Nevada DUI.

If you have been arrested for a DUI, knowing what is going to happen next and dealing with those issues the right way could make all the difference in your case. If you have not contacted a lawyer yet- drop everything and contact Maningo Law.  There are many time-sensitive issues which need to be handled to avoid automatic penalties like losing your license.  In fact, if you tested above the legal limit, this will trigger an automatic suspension of your driving license if you do not request a hearing. There are hard deadlines and procedures which need to be fulfilled in order for you to have any chance of keeping your license.

You need to act now. If you delay, you could lose evidence which may be in your favor. It is routine procedure for the police to destroy the dash camera recordings after a period of time. If the video evidence was in your favor, then you would lose this critical piece of evidence. Witness testimony is another area where time is important. If there are people who can testify that you were not impaired, they need to be interviewed before they forget important details. Other pieces of evidence including restaurant receipts and surveillance videos can also be lost if you wait too long.

Being arrested for DUI/DWI is a serious matter. In addition to jail time, heavy fines, loss of driving privileges, increased insurance premiums and the social stigma that attaches, DUI arrests are extremely disruptive to your life. Time-consuming trips to the court house, aggressive prosecutors, and lengthy DUI classes/alcohol programs are just a taste of what a DUI defendant will face. Practical inconveniences aside, DUI cases are one of the most complex offenses to defend. DUI cases implicate constitutional issues and involve investigations and fact patterns spanning from roadside field sobriety tests to scientific chemical analysis. Given the severe and prolonged consequences of a Nevada DUI conviction, it is important that you retain a Las Vegas DUI lawyer whom you trust to provide you with focused, aggressive and effective representation.

The DUI attorneys at Maningo Law will meet with you for free to discuss the specifics of your case. We understand that not every DUI arrest or DUI charge is the same. Thus, not every DUI defense will be the same. At Maningo Law, an experienced DUI attorney will discuss your case and strategize not only a DUI defense that is tailored to your facts, but a DUI defense that meets your goals and budget as well. The DUI lawyers at Maningo Law have been trained and educated on the same DUI screening and arrest protocols as the officers and troopers that arrested you.

Revocation of your Nevada Driver’s License-

Driving in Nevada is not a right; it is a privilege.  Thus, the principle of innocent until proven guilty is not applicable with administrative driver’s license revocations in Las Vegas.  If an officer has arrested you and thereafter subjected you to an evidentiary test of your blood or breath, and the test results are alleged to be at or above the “legal limit,” your driving privileges will be automatically revoked.  There are no hearings or trials to first determine whether your traffic stop was constitutional, whether your arrest was constitutional or whether your blood or breath test was performed properly.  If you “fail” the test, your Nevada driving privileges will be immediately revoked.

Hire Maningo Law to Attend your “DMV Hearing”-

There is something you can do to challenge your revocation.  It is imperative that you hire an experienced Las Vegas DUI lawyer before time deadlines have lapsed.  Once your driver’s license is revoked, you have 7 days to contact the DMV and request an administrative hearing. Now you may have heard that requesting an administrative hearing is a waste of time because “you have no chance of winning” and/or that “it is a waste of money.”  Not true.  Requesting a DMV hearing will force the arresting officer to show up and establish several factors to affirm the legitimacy of your arrest and chemical testing.

The DMV Hearing may be Crucial to your DUI Defense-

You will have very limited opportunities to perform discovery in a Las Vegas DUI case. The administrative hearing will present your Las Vegas DUI lawyer with an invaluable opportunity to cross examine the officer that arrested you. Often times, your Las Vegas DUI lawyer can utilize the sworn testimony of the officer to assist with your criminal defense.

If you or a friend/family member is arrested for DUI- contact Maningo Law.

PAROLE/PROBATION VIOLATIONS

It is easy to violate probation or parole because the conditions are often very strict. The consequences for even the slightest violation can carry harsh penalties. In many instances, a violator will be sentenced to serve out their original sentence or return to prison to expire a sentence. This makes it critical for accused individuals to immediately learn about their defense options and fight back.

Las Vegas Violation of Probation Attorney-

Maningo Law has experience helping clients in Las Vegas, Nevada avoid severe punishments for their probation violations. We will fight to make sure you get the justice you deserve. Contact Maningo Law to get help with your specific case before it is too late.

Maningo Law will work with you to do everything possible to keep you or your loved one out of jail or prison. When a probationer or parolee is accused of violating probation/parole- he/she will be brought before a District Court Judge (probation) or the Nevada Parole Board (parole) for a violation hearing.

Violators are entitled to legal representation at the probation/parole violation hearing. If you contact Maningo Law, it may be possible to avoid returning to Nevada State Prison or it may be possible for Maningo Law to get you a shorter stay in prison. Results depend on your particular situation. Contact Maningo Law.

Difference between Parole and Probation-

• Parole – A person who has been sentenced to prison, started serving his prison time, and then was paroled (early release) for the remainder of his prison sentence. During that release, the parolee is required to complete tasks and abide by the rules of his parole officer. If he violates his conditions of release, his parole officer can arrest him, place him in prison, and take him before the Nevada Parole Board for a violation hearing.
• Probation – A person who has been sentenced to a term of prison, but that prison sentence is suspended for a period of time. If the person completes probation during that period of time, typically a 3 or 5 year period, without a violation then his case will be closed without serving time in prison. However, if the person is found to have violated his probation then the Judge may impose the original prison sentence and send him to the Nevada State Prison.

Conditions of Probation-

There are many conditions of probation depending on the type of offense committed and the negotiations reached. However, it is the Judge at the time of sentencing that dictates what the conditions of probation will be. Below is a list of the more common restrictions and conditions of Nevada parole or probation:

• Report to a probation officer regularly.
• Get permission from your probation officer before changing your place of residence.
• Ban on drugs and alcohol in some cases.
• Regular drug testing for illegal drugs, dangerous drugs or narcotics.
• Ban on possessing any type of weapon.
• Ban on associating with known felons or gang members.
• Full cooperation with the probation officer and the terms of your probation is expected.
• Mandatory for you to comply with all laws and basically conduct yourself as a good citizen.
• Ban on out of state travel.
• Mandatory for probationer to look for and maintain employment approved by the probation officer.
• Probation officer has the right to conduct a search of parolee’s vehicle, person, or place of residence.
• Payment of a monthly supervision fee is sometimes necessary.
• Additional special conditions may apply.

Your probation officer and attorney can explain the conditions of probation and the consequences for violating the probation.

Typical Violations of Probation-

The Nevada court can set different parameters for a person’s probation. However, the most common probation violations are as follows:

• Failing to maintain employment
• Failure to follow curfew
• Failure to stay in the jurisdiction
• Possession of firearms
• Consuming alcohol or other drugs
• Absconding
• Commission of new crime

Depending on the offense, there can be other violations of probation. For example, in a violent crime case, an additional condition of probation might be to not contact the victim.

Probation officers can be very difficult for a convicted person to deal with. Many times these officers are overworked and have too many cases to deal with. You have to assume that all probation officers will not keep good records of what you have done or what they have told you. It is important for you to keep your own set of records. Every class you complete you should have your own receipt, every payment, everything you do for your probation you should keep proof that you did it. Without your own proof, the probation officer can say that you never did it and you will not be able to fight that accusation.

Consequences of Probation Violations-

NRS 176A.635 covers the consequences for violating probation.

• The probationer forfeits all or part of the credits for good behavior earned during probation
• Forfeiture may be made only by the court after proof of the violation and notice to the probationer
• Probation may be revoked and prison time reinstated

There could be several other consequences for violating probation. Keep in contact with your probation officer and a knowledgeable criminal defense lawyer to make sure you stay in compliance with your probation. Put Maningo Law on your side.

Juvenile Probation-

A lawyer can assist juveniles who are accused of violating the terms of their probation. It is especially important for those who are young to get the best representation possible. The future of the juvenile depends on keeping out of additional trouble. Maningo Law will work with the judicial system to do everything to keep you or your loved one out of jail/prison. Contact Maningo Law.

CASINO MARKERS AND BAD CHECKS

Las Vegas casinos are the primary tourist attraction for the state of Nevada. People are attracted to the nightlife, the shows, and the gambling. In order to accommodate the people that gamble, it is relatively easy to get a casino marker in the Las Vegas casinos. However, when you leave Las Vegas, it’s imperative that you make sure your debts are paid. If you don’t- criminal charges could follow you home.

Below is a list of related topics that involve casino markers and casino debt:

• Unpaid Markers
• Bad Checks
• Fraud

Due to the large gaming industry in the state of Nevada, casino markers are treated very differently in Nevada compared to other states with casinos. Nevada is the only gaming state that imposes both criminal and civil penalties for people that do not pay their casino debts. The Nevada state legislature has enacted several laws that make failure to repay casino markers and other forms of casino debt a fraud punishable as a felony offense. Defaulting on a casino marker is tantamount to writing a bad check according to state laws in Nevada. And the District Attorney’s Office serves as the collection agency- with the power to take your liberty if you don’t pay up.

Casino Markers Unpaid?

It is a very serious offense in Nevada not to pay casino debt. You need to have an experienced Las Vegas attorney to handle your case if you are being accused of a casino debt. Casinos (with the help of the Clark County District Attorney’s office) aggressively prosecute people who do not pay casino markers. If you are a tourist and fail to pay the casino markers, there will be warrants issued for your arrest. You cannot just ignore the casino if they send notices about casino marker repayment. Contact Maningo Law to help you settle the case.

Maningo Law is a committed Nevada criminal defense law firm that takes a collaborative approach when helping clients. We will go to court as many times as possible without you to try to settle the case so your life is disrupted as little as possible. Especially if you do not live in the Las Vegas area, Maningo Law will try to resolve your case without you having to come back to Las Vegas. We will also educate you about the legal process and allow you to make informed decisions on how to resolve your case.

General Information about Casino Markers and Fraud-

Historically, casino markers were not legally enforceable as collectible debt. That viewpoint shifted when Nevada law allowed a casino marker to function essentially the same way as a check. Treating a casino marker like a check allows the casino to draw the money from an individual’s bank account if they do not pay the funds.

Generally, casinos do not do detailed credit checks nor do they verify your funds before issuing you a casino marker. If you know that you do not have enough money in your bank account to cover the marker, you are perpetrating a fraud on the casino under Nevada law. However, many people are charged with the crime of fraud or casino marker even if they have money in the bank at the time of the gambling but no longer have it when the casino cashes in on the marker. Nevada law presumes that you intended to defraud the casino when you do not pay the debt back.

Typical Fraud Charges associated with Casino Markers-

Under NRS 616D.300 you can be charged with making false statements to obtain benefits. This means that you lied about your ability to pay back the marker because you knew that you did not have enough cash, credit or collateral to cover the marker. This crime is punishable by a fine of $250 if it is a misdemeanor and more significant penalties apply if it is a felony offense.

Forgery under NRS 205.090 is defined as a person using counterfeit records with the intent to defraud. It is a category D felony carrying prison time of 1-4 years in prison and a fine of up to $5,000. Identity theft and misrepresentation of asset charges can also accompany the forgery charge.

The crime of obtaining money by false pretenses is laid out in NRS 205.380. Basically, to commit the crime of obtaining money by false pretenses, the individual has to use trickery in order to convince someone to hand over the money. The people can use many means such as forgery or making false statements in order to get the money. This crime is a misdemeanor and is punishable by a $250 fine.

Because a casino marker is similar to a bad check under Nevada law, passing a bad check also can refer to casino markers. Under NRS 205.130 the crime of passing a bad check is defined as a person willfully passes a check knowing there are insufficient funds in the account to cover the amount of the check.

If you’re facing charges for bad check or casino markers and have the Clark County District Attorney’s office coming after you- contact Maningo Law.

TRAFFIC VIOLATIONS AND WARRANTS

Hundreds of thousands of traffic tickets are written every day. Most people feel that traffic tickets received in Las Vegas are not a major concern. However, there are several consequences if you do not handle these small traffic matters. The rates on your insurance can go up, your license may be revoked or even a warrant could be put out for your arrest if you leave traffic tickets unresolved.

Las Vegas Traffic Ticket Defense-

Maningo Law is an experienced traffic violation defense law firm that will tirelessly work to ensure that your traffic violation matter is resolved. Call Maningo Law to speak with a member of our staff to find out how we can help take care of your traffic tickets.

Your Traffic Ticket-

When you receive a traffic ticket, you are essentially receiving a summons to appear in court. By signing the traffic ticket it does not mean you are admitting guilt, instead, it means that you are aware that you need to either appear in court or find another way to deal with the ticket. However, if you decide to just pay the ticket, you are admitting guilt and accepting the consequences of the traffic violation. If you want to dispute or fight your ticket, you must appear in court- or have Maningo Law appear for you!

By hiring Maningo Law, we can go to court for you and either get the ticket dismissed, negotiate a reduced traffic violation, or set your case for trial and fight the charges. Many times, depending on each individual case, Maningo Law is able to get your moving violation reduced to a non-moving violation such as an illegal parking ticket.

What are the different types of traffic violations?

In Nevada, the majority of traffic violations are considered misdemeanors with fines ranging from $25-$1000. More serious offenses carry even greater fines or the threat of imprisonment. It is important to note that if you do not pay these minor traffic fines, a warrant will be issued for your arrest.

If you’ve ignored a traffic violation and believe it might be in warrant- Maningo Law can quash the warrant and handle the ticket for you.

Traffic violations are considered strict liability offenses. A strict liability offense means that liability can be attached to the person without proving intent. A good example is an overdue parking meter offense. It does not matter the circumstances surrounding why the meter does not register payment. As long as your vehicle is by a meter that says lack of payment you will get a ticket. Typically, the violations are broken down into two categories: moving and non-moving categories.

A moving violation is given when the vehicle is actually in operation and physically moving. A non-moving violation is given when the vehicle is parked or stationary. Most moving violations will add points to your driving record; whereas, most non-moving violations will not add points to your driving record. There are some violations that carry special punishments that will affect your license. For example, if you receive a ticket for no insurance, the fine could be upwards of $1000 and in addition to the fine, your license could be revoked until you are able to show proper proof of insurance.

What are my options when I get a traffic ticket?

You have two main options:

1. Pay the ticket (which we don’t recommend until you have consulted with Maningo Law)

If you pay for the ticket online or via the mail, in most cases you do not need to make a court appearance. On the ticket should be information on where to mail a check or money order to pay for the ticket. By paying for the ticket you are admitting guilt and the violation will be added to your driving record with the appropriate points added to your driving record. We do not recommend this option as you may not be aware of the consequences pleading guilty will have on your license and your livelihood.

2. Fight or negotiate ticket in traffic court (we recommend using an experienced traffic attorney to represent you- Maningo Law)

Even if you may be at fault for the offense, you should still fight the ticket in traffic court. Maningo Law can typically negotiate a reduction in the traffic ticket which can minimize the impact on your driver’s license and insurance rates.

In order to fight the ticket, you will have to go to court and enter a “not guilty” plea. It is best to get a Las Vegas criminal defense lawyer if you are going to fight the ticket. A lawyer will be able to use the rules of evidence and other legal procedure to properly represent your best interests in court. Contact Maningo Law.

Consequences associated with pleading guilty to a traffic offense-

When you pay the ticket you are essentially pleading guilty to the offense. Even if you plead guilty to the offense as part as a plea deal before trial or are found guilty of the offense by the judge or jury there are significant consequences.

Here are examples of a few of the consequences that come from pleading guilty to traffic offenses:

• The majority of traffic offenses are reported to the Nevada DMV and the DMV shares the information with other states so traffic violations in Nevada might affect your license and driving privileges in other states.
• The Nevada DMV employs a point system associated with your convicted traffic offenses. The points are added to your driving record and if you get enough points your license can be suspended or revoked completely.
• If you get too many points on your driving record, your insurance rates and premiums can significantly increase.
• If you were involved in a car accident, received a citation, and a civil suit is brought against you, the traffic offense conviction may be used in the civil lawsuit to prove you were negligent.
• If you have a commercial license, you could lose your license and the ability to earn a living by driving commercial vehicles.
• You will have to take time off work to deal with the ticket.

Contact Maningo Law for representation relative to any traffic offenses or warrants.

PROSTITUTION/SOLICITATION

Las Vegas has a reputation as a place where you can relax, enjoy life, and party until the sun comes up. Unfortunately, there are also a lot of false impressions about the city—including the false idea that prostitution is legal in Las Vegas. This confusion leads to quite a few arrests on prostitution and pandering charges, some legitimate but some mistaken. Whatever the circumstances that led to it, if you’re in trouble related to prostitution, you need the assistance of the experienced criminal defense attorneys at Maningo Law.

Prostitution-

Most people can define prostitution (NRS 201.295) fairly well: it’s the idea of trading sex for money or other rewards. In Nevada, the definition extends to trying or offering to do that, even if sexual activity never takes place. Because of this broad definition, people can get arrested as a result of a conversation, suspicious action, or joke that a police officer observes.

Solicitation-

Solicitation is the act of asking for prostitution; again, no sexual activity needs to be proven in order for a prosecutor to win a conviction.

Rather than trust yourself to explain away the situation to a judge, put your case in the hands of Maningo Law. We won’t let an officer’s imagination put a conviction for prostitution or solicitation on your criminal record.

Pandering-

Pandering (NRS 201.300), or “pimping,” is a charge that most people never expect to face. Again, though, the atmosphere in Las Vegas leads police officers to make assumptions about what they see that sometimes do not match reality. A pandering accusation is nothing to take lightly; the penalties are severe and the long-term effect of such a record is devastating. With years of experience in Nevada courts, we have learned how to oppose faulty evidence and testimony, keeping your rights and your freedom intact even when it looks like a conviction is inevitable.

Entrapment-

One of the main methods police use to fight prostitution is the sting operation. By pretending to be prostitutes or potential customers, officers wait for a person to say or do something to incriminate them self, then make an arrest. If this has happened to you, don’t lose hope yet. A defense lawyer can often show that the officer involved did or said something to entice you to do something wrong. This is a violation of your rights, known as “entrapment,” and requires the dismissal of your case.

If you have been charged with prostitution, pandering, solicitation, or any other related offense, it is vital that you hire a prostitution defense lawyer immediately. Maningo Law is a qualified defense law firm in Las Vegas that will fight to protect your reputation and freedom after you have been arrested. Contact Maningo Law.

TEMPORARY RESTRAINING ORDERS/TEMPORARY PROTECTIVE ORDERS

In Nevada, an Order from the Court to stay away from a person or a place is referred to as a “Protective Order.” In many other areas of the Country, these are referred to as “Restraining Orders.”

There are two distinct types of Protective Orders in Las Vegas. One is a Protective Order against Domestic Violence, issued through the Family Court. The second is a Protective Order against Harassment and Stalking, issued through the Justice Court. While there are certainly exceptions, for the most part, when the Protective/Restraining Order is issued between people involved in a domestic relationship, such as a husband and wife, the Order is sought in the Family Court. When an Order is sought to prevent a neighbor or business associate from harassing another party, the Order is issued in Justice Court.

To obtain an Order of protection, the correct forms must be filed with the appropriate Court. A Judge reviews the application for the Protective Order and does one of three (3) things. The Judge 1) Signs the Order granting protection; 2) Denies the Order and does NOT grant protection; or 3) Orders a hearing to determine whether the Order should be granted.

Once a Judge signs an Order of protection, a copy of the Order must then be served on the Adverse Party. Even though the Order has been signed, it does not go into effect until it is served on the other side.

In addition to the two different types of orders, there are also two forms of Protective Orders:

• Temporary Order of Protection: Generally speaking, Protection Orders are initiated through the issuance of Temporary Order of Protection. A Temporary Order only lasts thirty (30) days from the date of service on the adverse party. If the Order is never served within the first 30 days of the Judge signing the Order, it expires, and a new Order must be applied for.
• Extended Order of Protection: To obtain an Extended Order of Protection it must be applied for within the 30 day period a Temporary Order is in place. If an Extended Order is granted it can last as long as set into place by the Judge, but no longer than one (1) year from the date the Extended Order is signed by a Judge. If the Temporary Order has already expired, an Extended Order cannot be granted.

A Protective Order can be fashioned to keep an individual away from a certain place, such as a residence, place of work or a commonly visited location. It can also be fashioned to keep an individual, such as the person asking for the protection or their minor children.

It is important to note that anyone who violates a Temporary Order of Protection is committing a criminal offense. The penalty is up to one (1) year in jail and a fine of $2,000.

Anyone who is in violation of an Extended Protection Order is committing a felony criminal offense and is facing one (1) year to five (5) years in prison and a fine of $10,000.

If you have an Order of Protection in place against you, you should not violate it. You should call an attorney right away to discuss your rights and how to respond to the Order. Contact Maningo Law.

I have a protective order against me, what should I do?

The first thing you should do is hire a lawyer. Ask your attorney about fighting the Order and attempting to dissolve the Order. An experienced and knowledgeable Protective Order Attorney can assist you with how best to approach your situation. It is imperative that you know your rights and the consequences you face if you have a Protective Order filed or granted against you. Again, contact Maningo Law.

I want to get a protective order against someone else.  Can Maningo Law help?

Yes. Maningo Law can assist with this issue. Many times, after the breakup or dissolution of a relationship, whether it be romantic or business, one side feels threatened by the other. This is precisely the scenario a Protective Order is designed to prevent. Our firm is often called in to ensure the safety or security of an individual by moving the Court to issue a Protective Order against a harassing or violent party. We have been very successful in helping our clients obtain the peace of mind they seek by obtaining Orders of Protection against violent, harassing or stalking individuals.

If you have had a Protective Order issued against you, or need a Protective Order issued against someone else, call Maningo Law today.

RECORD SEALING/EXPUNGEMENT

A misdemeanor, gross misdemeanor or felony conviction gives you a permanent criminal record which can negatively impact your future. Through expungement or record sealing, the documented record of your conviction is sealed so that it can never be accessed by the public. Expunge means to strike out, obliterate, or delete and that is what record-sealing accomplishes. Once your conviction record has been sealed, you no longer have to expose it on a job application or any other written form. With the experienced legal assistance of Las Vegas’ Maningo Law, your future will be secure and you will be spared the embarrassment and disadvantage that a misdemeanor, gross misdemeanor or felony conviction can bring.

How a Criminal Record Adversely Affects Your Future-

If you have a previous criminal conviction and are pulled over or stopped by the police, your conviction will immediately become known to them, which can affect how you will be treated. A previous conviction may also result in the forfeiture of certain rights, such as the right to vote, hold office, serve on a jury, or possess a gun. Old convictions, even those for minor offenses you may have made many years previously, will show up on any routine background check. These checks are typically run when you apply for a job, housing, or credit and can cause you to be passed over by a potential employer, landlord or leasing agency, or financial institution. In a job interview, you may be asked embarrassing questions and be legally required to disclose information about such a conviction. All of these difficulties can be avoided through record-sealing.

Benefits of Record-Sealing in Nevada-

After an expungement, it’s as if your arrest and conviction never happened and you are within your rights to never mention it on an application or in any other circumstance. The only exception to this is if you apply for a government job—a job which requires a government-issued license, certificate, permit, or security clearance. Under those circumstances, your conviction will be made known.

Petitioning for Record-Sealing in Las Vegas-

An expungement is sought through a petition to the court in the county in which your arrest and/or conviction occurred. In Clark County, you may petition the court to have your records sealed after a case dismissal, acquittal, or after a conviction. The waiting period for when you may apply will depend on the type of offense involved. For example, in cases of category A or B felonies, the waiting period is 15 years from the date you were discharged from probation or parole or released from custody. For misdemeanors, the waiting period is generally two years from the date you were released from custody or your suspended sentence ended. Other factors are also pertinent which will either make you eligible or ineligible for an expungement. Certain offenses cannot be expunged, such as those involving crimes against children or sexual crimes.

The rules regarding record-sealing can be complicated and your petition must be properly prepared and submitted. You can talk to an experienced criminal defense lawyer at Maningo Law about whether you are eligible and how to move forward with your expungement. Contact Maningo Law.

HOMICIDE/MURDER/KIDNAPPING

Homicide/Murder-

Nothing is scarier than being accused or having a loved one be accused of murder.  But an arrest is not a conviction, and there is still hope the entire case can be dropped or resolved favorably. Maningo Law can help. Our Las Vegas criminal defense firm has defended many clients in murder trials over the past two decades.  Maningo Law has successfully defended many murder cases.   Maningo Law can help you and/or your family.

Definition-

The legal definition of murder in Las Vegas, Nevada is “the unlawful killing of a human being with malice aforethought.”  In other words, murder is any premeditated or extremely reckless killing. There are two types of murder: First degree and second degree . . .

First-degree murder-

First-degree murder in Las Vegas, Nevada, comprises any deliberate act of killing.  Examples are purposely shooting, stabbing or poisoning someone. First-degree murder is also charged in cases where the defendant may not have intended to kill but ends up doing so in the perpetration of either rape, burglary, arson, kidnapping, robbery, child abuse, elder abuse, or sexual abuse of a child.  This is called “felony murder” in Nevada.

Second-degree murder-

Second-degree murder in Las Vegas, Nevada, comprises unintentional homicides where the defendant behaved so recklessly that the death was a foreseeable result.  An example is killing someone by playing Russian Roulette.

Murder vs. Manslaughter in Las Vegas-

Murder and manslaughter are both types of homicide, but manslaughter is a less serious crime.  This is because manslaughter, unlike murder, is killing without malice and premeditation.  There are two kinds of manslaughter in Nevada:  Voluntary and Involuntary.

Voluntary manslaughter in Las Vegas is killing in the heat of passion.  An example is a husband unexpectedly finding his wife in bed with another man and immediately killing them.  The maximum prison term is ten years.

Involuntary manslaughter in Las Vegas is an unintentional killing done while breaking the law (such as speeding slightly and hitting a pedestrian) or by being negligent (such as adjusting your shoelaces while driving and hitting a pedestrian).  The maximum prison term is four years.

Penalties-

When determining the harshness of the final sentence, the judge or jury takes into account all of the aggravating and mitigating factors.

Aggravating factors are circumstances which make the murder more egregious.  An example is if the defendant tortured the victim before killing him.  Mitigating factors make the defendant more deserving of a lighter punishment.  An example is if the defendant came from an abusive home.

Penalties for 1st Degree Murder-

First-degree murder is a category A felony in Las Vegas.  The sentence may be either:

• Death, or
• Life in Nevada state prison without the possibility of parole, or
• Life in prison with the possibility of parole after 20 years, or
• 50 years in prison with the possibility of parole after 20 years

The death penalty may be imposed only if the aggravating circumstances if any, outweigh any mitigating circumstances.  People under eighteen at the time of the crime or who are mentally retarded may not be sentenced to death.

Penalties for 2nd Degree Murder-

Second-degree murder is a category A felony in Las Vegas.  Since second-degree murder is unintentional, the possible sentences are lighter:

• Life in prison with the possibility of parole after 10 years, or
• 25 years in prison with the possibility of parole after 10 years

Enhanced penalty for deadly weapons-

If the defendant used a deadly weapon such as a gun to commit the murder, the judge will impose an additional penalty of 1 to 20 years.

Attempted murder-

Attempted murder is prosecuted as a category B felony in Las Vegas.  The sentence is 2 to 20 years in prison.

Kidnapping-

Being accused of kidnapping is a serious situation that requires an aggressive and experienced defense. Under Nevada law, NRS 200.310 defines kidnapping as the act of taking an individual from one location to another without their consent or against their will. In addition, a person can also be charged with kidnapping without actually having to take a person from one place to another. Instead, confining a person to a controlled space can also qualify as an abduction.

The consequences for this criminal act are serious. If convicted, a person may be sentenced to prison for life. It is important that anybody charged with an abduction crime have a lawyer who will do what is required to get the best possible outcome for the client. Contact Maningo Law.

Maningo Law practices criminal defense in the Las Vegas area. If you have been accused of abducting an individual or a related kidnapping charge in Las Vegas, you know the gravity of the situation. Maningo Law will be able to advise you of your legal rights and if needed, create a strong defense strategy to obtain the best possible outcome for you.

First Degree Kidnapping-

Under NRS 200.310 first-degree kidnapping occurs when someone “willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person” with the intent to:

• Kill them or inflict bodily harm
• Commit sexual assault
• Commit robbery
• Extort money out of family and relatives for the return of the person

Under Nevada law, you will not be convicted of both robbery and first-degree kidnapping if moving the victim was incidental to the robbery or if the victim’s risk of harm was not increased.

Penalties for a Category A felony (such as First-Degree Kidnapping) are:

• 5 years to life imprisonment with eligibility for parole after 5 years.

The penalties for a Category A felony are quite severe so it is vital that you contact a licensed Nevada attorney to go over all of your options.

Second Degree Kidnapping-

Under Nevada law, first and second-degree kidnapping have the same base elements. The difference is that second-degree kidnapping is a Category B felony whereas first-degree kidnapping is a Category A felony.

The penalties for Category A and Category B felonies differ so it is important to talk to a Las Vegas criminal defense attorney who is knowledgeable about Nevada law as it pertains to kidnapping. For a Category B the punishment is:

• 2-15 years in prison
• A possible fine of up to $15,000

A lawyer can tell you more about the range of punishment in your particular case based on the aggravating and mitigating factors in your situation.

Child Custody Kidnapping-

Child Custody Kidnapping is laid out in NRS 200.359 and is considered a category D felony in Nevada. Basically, child custody kidnapping occurs when a parent or someone with custodial rights allegedly kidnaps their own child.

It is possible for relatives to be accused of kidnapping a child, not just the child’s biological parents. Even if the child went willingly with the parent or relative, it could still be considered kidnapping. The penalty for the Category D felony is:

• 1-4 years in prison
• A possible fine of up to $5,000

A conviction for child custody kidnapping can have long-term consequences in family law court. If you are fighting for child custody and get a criminal conviction for kidnapping your child, the family court may severely limit visitation and your future custody rights to your child.

It is important to get this charge taken care of by a competent Las Vegas attorney so that it cannot be used against your character in the family law context. It may be possible for Maningo Law to get your charges reduced or dropped.

Kidnapping with the use of a Deadly Weapon-

If you are charged with kidnapping, the penalties for first or second-degree kidnapping apply. However, if you used a weapon while you were committing the kidnapping, it increases the penalty. In Clark County, a judge may impose an additional 1-20 years in prison when a firearm is used in the commission of a kidnapping.

The additional time should not go over the underlying sentence. If you are convicted of kidnapping with a deadly weapon, odds are probation will not be considered and you will have to serve the full sentence. It is vital that you retain legal counsel right away if you have a kidnapping charge, especially if it involved a weapon so that you can build an effective defense against these charges. Contact Maningo Law.

Defenses to Kidnapping Charges-

Some of the more common defenses to kidnapping include:

• No intent – If the prosecution cannot show that you actually intended to kidnap the alleged victim then there cannot be a case.
• Consent – If the person is over 18 years of age and agreed to go along with you without you using threat or force then legally you are not guilty of kidnapping.
• Insufficient evidence – It is possible that the prosecution does not have enough evidence to convince a jury beyond a reasonable doubt that you kidnapped the person.
• No movement – If you can show the court that the person was not actually moved then the charge could be reduced to false imprisonment.

False Imprisonment-

False imprisonment is when the victim has the perception that they are confined to an area and cannot leave. NRS 200.460 defines false imprisonment as an “unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.”

If you gave the alleged kidnapping victim the impression they could not leave, the victim could have felt threatened and stayed put because they thought they could not leave. Consult a Las Vegas attorney for more information on the defenses to accusations of kidnapping and false imprisonment.

Legal Consequences of Kidnapping-

The legal consequences if convicted of kidnapping include:

• Prison
• Fines
• Probation
• Parole
• Counseling
• Life in prison

The state of Nevada does not take kidnapping charges lightly. Contact Maningo Law right away so that you can mitigate the damages these charges could cause to your criminal record and your life.

ASSAULT/BATTERY

If you are accused of a violent crime, you need to be careful in all interactions with the police, as law enforcement will be looking for evidence to use against you. An experienced Las Vegas violent crimes attorney can help you when answering police questions to ensure you do not incriminate yourself. Contact Maningo Law.

When you are arrested, you will be arraigned and asked whether you plead guilty or not guilty. Bail will be set and you could be released until trial or you could be forced to remain incarcerated until your trial ends. If a prosecutor has insufficient evidence or there are problems with the evidence, then your attorney may be able to get the charges against you dropped.

If your case does go forward, you will either need to negotiate a plea bargain with a prosecutor or take a chance and hope the jury believes there is reasonable doubt as to your guilt. A Las Vegas criminal defense lawyer can explore all potential defenses and arguments against conviction, and can negotiate with a prosecutor on your behalf to try to reduce the charges and potential penalties you face.

A Las Vegas violent crimes attorney at Maningo Law will help you make smart and informed decisions in all interactions with police and the criminal justice system. From protecting your constitutional rights to exploring defenses and introducing doubt about your guilt, Maningo Law will provide invaluable services to clients accused of criminal acts.

Although the terms are commonly used interchangeably, assault and battery are defined by Nevada law as being two entirely different offenses. Assault and battery involve many of the same elements; however, battery involves actual violence, while assault is classified as being more of the threat of violence.

Assault and Battery Defined By Nevada Law-

According to NRS 200.471, if an individual attempts or threatens to use physical force or violence against another person and places that person is actual fear of immediate bodily harm, he or she can be charged with assault.

Battery is defined by NRS 200.481 as intentionally hitting, touching, striking, slapping, punching, pushing, or otherwise unlawfully using force or violence against another person. The key difference in assault and battery is that in order to be charged with battery, the violence has to actually be carried out.

Penalties for Threats or Violence in Las Vegas-

If an individual is accused of assault or battery without the use of a deadly weapon, he or she can be charged with a misdemeanor. A conviction for simple charges usually carries a sentence of up to six months in jail, and/or up to a $1,000 fine. If the battery resulted in serious bodily harm, the offender can be charged with a category C felony, and sentenced to one to five years in prison, along with a potential fine of up to $10,000.

Assault with a deadly weapon is considered a category B felony, which is punishable by between one and six years in prison, and/or a maximum fine of $5,000. Battery with a deadly weapon is a category B felony; however, it carries a potential prison sentence of between two and 10 years and a potential $10,000 fine. If it results in serious bodily harm, the potential prison sentence can be increased to between two to 15 years.

Every single element of any charge must be proven beyond reasonable doubt by the prosecution. If your defense attorney is able to show reasonable doubt for anything, it could lead to your charges being reduced or dismissed. Maningo Law can help.

Work with a Qualified Assault and Battery Defense Attorney in Clark County-

Maningo Law provides a quality defense for individuals who are seeking legal assistance after being charged with assault or battery. Contact Maningo Law.