Criminal Defense
It is never too early to consult with a criminal defense attorney – the faster you have a criminal defense lawyer by your side, the better protected your rights become. This is true for any type of criminal allegation, from the simplest traffic ticket to the most serious felony charge. Criminal defense lawyers have the experience and knowledge to protect your interests at every step of the criminal process.
What are felonies and misdemeanors?
A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor is not considered as serious as a felony, and is usually punishable by a fine or a year or less of incarceration. Both Nevada law and federal law define actions they consider to be crimes, and then divide those crimes into felonies and misdemeanors. It is possible that one event can violate both state and federal law.
When do you need a criminal lawyer?
You don’t need to be arrested to need a criminal defense lawyer. Nevada law (and federal law) protects your rights long before you are charged with any crime. Anyone stopped by the police, or briefly questioned by an officer, has specific legal rights which they may or may not know.
If you are facing a legal problem here in Las Vegas involving criminal issues, please feel free to contact Las Vegas law firm Bush & Levy for help. Free initial consultations are available by phone or in person with a licensed Nevada attorney. Just call 702-868-4411 to schedule your free initial consultation.
What are my legal rights when I come into contact with the police?
The police have no duty to explain all your legal rights to you. Having a criminal defense attorney on your side can insure that your legal rights are protected. For example:
Stop or Traffic Stop by the Police – What Are Your Rights?
You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you aren't moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer. A criminal defense lawyer can fight vigorously on your behalf if you were denied your right to refuse to answer the officer’s questions.
Search of Your Property or Person and Search Warrants – What Are Your Rights?
When do they have to have a warrant to search your place?
A search warrant is a document issued by a judge that authorizes police officers to conduct a search of a specific place, like your home. In order for a warrant to be issued by a judge, "probable cause" is necessary. Criminal defense lawyers often challenge search warrants as lacking probable cause, making anything taken during the search inadmissible as evidence against you.
What is probable cause? It means that the judge has been given sufficient facts to show that it is more likely than not that the specific items to be searched for (they have to be listed in the warrant) are connected with criminal activities – and that those very items likely will be found in the place to be searched (the warrant also has to list the specific location of the search).
Criminal defense attorneys meticulously go over search warrants, because these warrants have to be detailed and exact and based upon proper facts. An overly broad search warrant is invalid. So is a search warrant issued without proper facts – and a criminal defense lawyer knows how to prove that the warrants (and the evidence connected to them) cannot be used against you.
Can the police ever search without a search warrant?
Yes. Sometimes, the police can search without a warrant. These are called “warrantless searches” and they are only legal in certain situations:
1. Searches incident to arrest. Police officers are permitted to search your body and/or clothing for weapons or other contraband when they are making a valid arrest. Criminal defense lawyers know the legalities here – if the officers attempt to search before a valid arrest procedure has begun, then any evidence they take must be excluded from the case.
2. Automobile searches. If you're arrested in a car or other motor vehicle, the police may search the interior without a warrant. However, before they can search in the trunk, in a locked glove compartment, or other blocked areas, “probable cause” is necessary. Here, criminal defense attorneys can advance legal arguments in court that there was not probable cause to search these parts of the car, so any evidence found during the warrantless search legally cannot be used by the prosecutor.
3. Exigent circumstances. Searches may be conducted if there are "exigent circumstances" These are circumstances which demand immediate action, such as avoiding the destruction of evidence. Criminal defense lawyers carefully check these types of searches because the situation must truly be immediate and unique to qualify as “exigent.” If there was no emergency, then the search was illegal and nothing found during the search can be used as evidence.
4. Plain view Police can search when they see an object that is in plain view, and the officer has the right to be in the position to have that view. For example, if a police officer pulls someone over for a traffic ticket and sees drugs or contraband setting on the front seat, he does not need a warrant to search the car. Criminal defense attorneys consider two factors here: first, whether or not something is truly in ‘plain view’ and second, whether the officer had a legal right to be in the position to see the object. Both can turn into complex legal arguments for a criminal defense lawyer to pursue in court, arguing that the evidence is inadmissible against your case.
5. Consent If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren't required to consent to any police searches. Criminal defense attorneys are especially important here, to advise their clients not to voluntarily consent to a search just because a police officer politely asks for permission.
Have questions about a recent stop or search in which you’ve been involved? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
What is an arrest -- What Are Your Rights?
When you are arrested, you are taken into custody by a police officer and are no longer free to do as you please. You may or may not be handcuffed.
Arrests take your freedom, and there are lots of laws that apply to the arrest process. First, there must be "probable cause." This means that the police officer must have a reasonable belief that a crime was committed and that you committed the crime. An arrest warrant is not necessary. A criminal defense attorney will investigate whether or not the arrest was valid, with “probable cause,” under both Nevada and federal law.
After you're placed under arrest, you have specific constitutional rights to protect you which a criminal defense lawyer will insure have been honored. These include two critical rights: the right to remain silent and the right to have an attorney.
You do not have to say anything to police or investigators until you have your criminal defense lawyer by your side. And, you must be given the opportunity to contact an attorney. These are rights guaranteed to you under the U.S. Constitution.
What is booking?
Booking is the procedure where those arrested are taken to the police station, fingerprinted, and asked a series of questions, such as full name, address, and date of birth. You'll be searched and photographed and your personal property, such as your jewelry and wallet, will be catalogued and stored. Your criminal defense attorney probably will not have time to reach you before booking, but if you’ve called your lawyer, then they should be on their way to help you.
Have you just been arrested? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
What is arraignment --What Are Your Rights?
Arraignment is your first court appearance before a judge. After criminal charges are filed as formal written documents, you'll be brought to appear before a judge at an "arraignment." If you're in jail and incarcerated, this will usually occur within 72 hours of your arrest.
During your arraignment, you'll be asked to enter a "plea" to the crime for which you have been charged. Your criminal defense lawyer will appear with you at this hearing, and will have discussed possible pleas with you beforehand. Together, you will decide the best plea for you to offer the judge at the arraignment. Your attorney will also ask that you be released pending trial, by bail or on your own personal recognizance.
What are pleas?
Pleas are how you answer the charges made against you. You have three choices. If you plead "guilty" or "no contest," there will not be a trial. After your plea, you'll be sentenced. It is extremely important to work with a criminal defense lawyer before you decide which plea you will choose – and you must choose one of the three options:
- Guilty plea Plead "guilty," and you're admitting in open court to the facts of the crime (a crime occurred) and that you were the one who committed that crime. No one should ever assert a guilty plea without discussing its consequences with a criminal defense lawyer.
- Not guilty plea Plead "not guilty" and you’re telling the judge that you did not commit the crime with which you were accused. You are claiming in open court that you are innocent, and you are forcing the prosecutor to find evidence to prove otherwise beyond a reasonable doubt. After your plea, the judge will schedule a preliminary hearing, pre-trial or trial date. From the time that you plead “not guilty,” your criminal defense attorney will be building your defense while the prosecutor will work on establishing a solid case against you.
- No contest plea Plead "no contest" plea and you are telling the judge that while you do not want to dispute the charge you are not admitting guilt, either. Criminal defense lawyers often advise that “no contest” pleas be pled because guilty pleas can be used against you in later civil lawsuits but “no contest” pleas cannot.
What about bail -- What Are Your Rights?
There is no legal right to bail. Since jails are crowded, and you are presumed innocent until proven guilty, criminal defense attorneys will fight for you to be free until you are found guilty of the charges against you. To insure that criminal defendants don’t escape or disappear before their trial, the bail process has evolved.
During the arraignment, which is your first time in court, your criminal lawyer will ask the judge to let you go free, with or without bail. The judge can do three things:
Set bail in a certain amount, allowing you to be free once that amount is paid;
Refuse to set bail and send you back to jail; or
Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations.
"Bail" is money or property turned over as financial security to make sure you'll show up for further criminal proceedings and trial. Anyone can pay your bail. Bail can be paid:
- In cash
- Through a pledge of property, such as a home (if permitted in that court)
- A bail bond.
A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. If you are in need of a bail bondsman, your criminal defense lawyer can assist you in contacting one – and you may have already made tentative arrangements with your bail bondsman before going to your arraignment.
Have questions about arraignment or making bail? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
How Fast Will You Get to Trial?
You have an absolute right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that trials be held within a certain time frame after a person has been charged with a crime.
However, this right can be waived by asking for additional time to prepare your defense. Whether or not to waive your right to a speedy trial is a big decision that you and your criminal defense attorney will consider in detail. Strategy is important here: if you don’t waive your right, then the prosecutor doesn’t have much time to get the case against you ready, but you won’t have much time to prepare your defense, either.
If you don’t waive your right, how fast can you get to trial? In Nevada, you have a right to a trial within 60 days after you have been charged with a crime, unless you postponed the trial by filing an application with the court.
What about Plea Agreements?
Plea agreements are settlements, and you do not go to trial. You have no legal right to a plea agreement. Many prosecutors routinely consider "plea agreements," even though it's not legally required. Plea agreements are the result of your criminal defense attorney negotiating a deal with the prosecutor on your case, usually where a guilty plea will be entered if the prosecution drops or lessens charges and recommends a lesser sentence or fine.
Have questions about going to trial or taking a plea agreement? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
If You Lose at Trial, What Can You Do? When Can You Appeal Your Case?
After conviction and sentencing, you may be able to file an appeal of your sentence. If you were convicted after a trial, you have an absolute right to appeal. If you were convicted after you entered a guilty plea, you may need to ask for "leave" or permission to appeal your conviction.
An appeal is not a second trial of the case. An appeal is a double-check of all the proceedings, as they are recorded in the public record, to make sure that everything was fair and none of your legal rights were violated. Special courts exist that undertake this review process, including state and federal courts of appeals as well as the United States Supreme Court.
There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." While many convicted defendants do file their own appeals, having an experienced criminal defense attorney helping in your criminal appeal can be very advantageous. Criminal lawyers can point out legal errors such as:
- Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
- Lack of sufficient evidence to support a verdict of guilty
- Mistakes in the judge's instructions to the jury regarding your case
- Discovered misconduct on behalf of the jurors
- Newly discovered evidence that shows you are innocent (“exonerates”).
If you are facing a legal problem here in Las Vegas involving criminal issues, please feel free to contact Las Vegas law firm Bush & Levy for help.
Free initial consultations are available by phone or in person with a licensed Nevada attorney. Just call 702-868-4411 to schedule your free initial consultation.