Filed under Criminal Defense

ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 5 – THE PRELIMINARY HEARING

ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 5 – THE PRELIMINARY HEARING ***We have to begin by assuming that we are actually going to HAVE a preliminary hearing. This would be if we could not convince the prosecutor to drop the case, and we could not negotiate a plea acceptable to you. We must also assume that after receiving advice from your lawyers we jointly decided

ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 4 – ARRAIGNMENT After the prosecutors have (ideally) reviewed your case and decided which charge(s) to file, your case is placed on the court’s calendar for arraignment. Q – What is an arraignment? A – An announcement of the charge and your entry of a plea. Most people plea NOT GUILTY and if you hire us – we will

PART 3 – The Intake procedure After the police finish their report(s), they are forwarded to the District or City Attorney’s Office(s).  An individual prosecutor will review the report and decide which charge(s) to file, if any. Q – What standard of review do prosecutors use to determine whether or not to file a Battery charge against me? A – They must have a Good-Faith

ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART 2: Arrest, First appearance, Bond levels, conditions of pre-trial release, temporary and extended restraining orders, consequences of any violations. I have listed a series of frequently asked questions (Q) with the applicable answers (A) below; and we will begin with some of the remedial information that overlaps from Part 1 – i.e. The Arrest stage ARREST Q  – Do

I – ANATOMY OF DOMESTIC VIOLENCE DEFENSE, PART ONE: THE ISSUES THAT ARISE DURING THE INVESTIGATION/ARREST The process begins simply, with a 911 call. Who made the call? Was it you? What was said, from where? What noises were in the background? Was it an “anonymous” call?  Was it from someone who has an axe to grind with you?  Was an argument audible, was someone

Will I Go To Jail for a DUI? We understand you are scared – anyone would be. After you read this you may feel better, and we encourage you to call our firm. This information is only a portion of what we know. This is a question we get asked all the time. I can offer answers to this question based upon the following qualifications: I have

It is not uncommon in Las Vegas for people to be arrested for a crime of Domestic Violence while on vacation at a casino.  Chances are if the police were called to your room for a disturbance, someone is getting arrested.  If your were arrested, you were probably taken to the Clark County Detention Facility and your case is in Las Vegas Justice Court.  However,

The Supreme Court of Nevada just ruled that someone charge with a misdemeanor DV charge is now entitled to a jury of his or her peers.  This is a big change because before you were only given a bench trial.  That meant the Judge was the jury.  Now instead of “one” person paid by the government determining your guilt, you get a real jury as

Withdrawing your Guilty Plea pursuant to your Guilty Plea Agreement Were you given a plea deal that if you successfully completed probation with a honorable discharge you could withdraw your plea and plea guilty to a lesser charge or even a dismissal? Many people don’t realize this doesn’t not happen automatically, someone has to bring it attention to the Judge. Some people still are walking

If you have a criminal record and you qualify for a record sealing under Nevada law, a judge does not “have to” agree and sign your order to seal.  The statute is discretionary.  The judge “may” seal your record, the statute does not say the judge “shall” seal your record. However, if you meet the requirements, our firm’s experience is that in most cases, the