Monday, December 30, 2013

Stay Safe on New Year’s Eve in Las Vegas

Thousands of people, both locals and visitors, will be in Las Vegas tomorrow night to ring in 2014. There will be countless concerts, shows, and events to enjoy on the Strip on New Year’s Eve.

To keep you stay safe and enable you to have a great time, below is a list of helpful tips for New Year’s Eve: 
  • Have a plan – Before going out, discuss with your group where you will go during the night, where you should meet up if separated, and how you will get home or back to your hotel.
  • Charge your phone – Make sure your phone has full battery life before heading out for the evening.
  • Have emergency cash – Make sure you carry emergency money on your person (such as in your pocket or shoe) in case something happens to your wallet or purse.
  • Don’t go anywhere alone – Whether or not you decide to drink, it is safest to travel in groups or pairs. Likewise, try to keep an eye out for friends to make sure they don’t go anywhere by themselves.
  • Know your limits – If you are planning to drink, know how much alcohol you can consume before you lose control or blackout.
  • Eat throughout the night – Eating high protein foods before you go out and throughout the night will slow your body’s absorption of alcohol.
  • Stay hydrated – Alcohol is a diuretic and you will become more dehydrated with each drink. Make sure you drink lots of water throughout the night.
  • Keep your drinks in sight – Don’t accept drinks from strangers and be careful not to set your drink down and leave it unattended for any length of time.
  • Keep in contact with your friends – If you separate from your group, text them so they know where you are and who you are with.
  • Don’t be afraid to ask for help, if needed – If you feel unsafe for any reason or need help, don’t hesitate to ask security guards, LVMPD officers, concierges, or staff members for assistance.
  • Don’t drive after drinking – If you drink at any point during the night, do not try to drive home. Your ability to safely operate your vehicle could be impaired and there will be DUI checkpoints set up throughout the city.
  • Don’t get in the car with someone who was drinking – If your ride has been drinking, don’t get in the car. If possible, get the driver to take a cab with you and arrange to pick up their vehicle the next day.

Get Home Safely

-Updated for New Year's Eve 2015-

In addition to getting a cab, there are a few different options available to help you get home safely and avoid drunk driving.
  • The Regional Transportation Commission (RTC) is offering free bus rides to the Strip and Downtown for New Year’s, starting at 6 p.m. on December 31 and ending at 9 a.m. on January 1.
  • The RTC is also offering park and ride transit services to Downtown from the Suncoast Casino Park & Ride, the Centennial Hills Transit Center Park, and the Westcliff Transit Center. The buses will run every 20 minutes, starting at 6 p.m. on December 31 and ending at 4 a.m. on January 1.
  • The Las Vegas Monorail is another great option for getting around the Strip quickly on New Year's Eve. 
If you need any type of legal help in Las Vegas, don’t hesitate to contact De Castroverde Law Group. Our experienced lawyers can determine your rights and options and provide you with outstanding representation.

Thursday, December 26, 2013

What is Perjury?

Perjury is a felony offense in the state of Nevada. Commonly referred to as “lying under oath”, perjury is a serious crime that occurs when an individual purposefully lies while under oath. Similarly, a person can be guilty of perjury if, while under oath, they make a statement which they do not know to actually be true.

According to NRS 199.120, perjury occurs when, while under oath in a judicial or other official proceeding that requires an oath to be taken, the individual does any of the following:
  • Willfully makes a statement that is unqualified and that they do not know to be true; or
  • Willfully and falsely affirms or swears in a matter that is crucial to the point or issue in question; or
  • Bribes, induces, or suborns another person to make a statement that is unqualified or to affirm or swear in such a matter; or
  • Executes an affidavit seeking a verification of a pleading which contains a false statement or induces another person to do so; or
  • Executes an affidavit or another instrument which contains a false statement before an individual who is authorized to administer oaths, or induces another person to do so.
It is important to note that a person has not committed perjury if they believed that the statement they made was actually true.

The Penalties for Perjury in Nevada

If convicted of perjury, the defendant’s penalties will reflect the factors involved in their specific case.

Attempting to bribe, induce or suborn another person to commit perjury, even if perjury is never committed, is a gross misdemeanor. The penalties include:
  • Fines up to $2,000
  • Incarceration in county jail for a maximum of 1 year

For committing perjury, the defendant will be charged with a Category D felony, punishable by:
  • Fines up to $5,000
  • Incarceration in state prison for a minimum of 1 year to a maximum of 4 years

If the defendant willfully commits perjury or induces someone else to commit perjury which leads to an innocent person being convicted and executed, the defendant could be charged with murder, which is a Category A felony, punishable by:
  • Life in prison without the possibility of parole; or
  • Life in prison with the possibility of parole after serving 20 years; or
  • Incarceration in prison for 50 years with a possibility of parole after 20 years.
If you are charged with perjury, it is important to have an experienced defense team on your side. Learn about our experienced attorneys by visiting our website or call De Castroverde Law Group to discuss your legal options.

Monday, December 23, 2013

Common Types of Medical Malpractice

Each year, thousands of Americans are harmed by the negligence of medical professionals. Medical malpractice claims can be brought against doctors, nurses, EMTs, pharmacists, dentists, hospitals, and any other medical professionals who fail to provide patients with proper care and treatment.

While countless factors can be involved in these tragic cases, most medical malpractice claims are the result of a few specific types of negligence.

Failure to Diagnose or Misdiagnosis

If a physician fails to diagnose a patient’s illness or injury, or misdiagnoses the problem, the patient can suffer serious harm as a result. A physician could be sued for medical malpractice if they fail to properly diagnose or discover an illness or injury that any other competent medical professional would have diagnosed or discovered.

Improper Treatment

If a physician chooses a treatment that any other competent medical professional would not have chosen or if they fail to treat the patient as any other competent medical professional would have, the physician could be liable for malpractice. Similarly, the physician could also be liable for medical malpractice if they chose the correct form of treatment but administered it to the patient improperly.

Failure to Warn of Known Risks

Medical professionals have a responsibility to warn patients of any known risks of the procedures, medications, or other treatments they recommend. This obligation is referred to as the duty of informed consent, and is important because it enables patients to make informed decisions about their medical care. If a physician violates their duty of informed consent, and had the patient known of all risks beforehand, they would not have elected to carry on with the treatment that caused them harm, the physician could be sued for malpractice.

If you have been harmed by the negligence of a medical professional, it is important to learn about your legal options. Visit our Medical Malpractice page for more information or call De Castroverde Law Group to discuss your case with our experienced lawyers.

Friday, December 20, 2013

When is Drunk Driving a Felony?

Nevada harshly prosecutes all types of DUIs, and in some cases, drunk driving can even be charged as a felony offense. If you are arrested for driving under the influence, you could be charged with a felony if:

  • You were convicted of drunk driving twice in the past 7 years
  • You were previously convicted of felony DUI
  • In the course of driving under the influence you seriously injured a victim or caused a fatality

What are the penalties for felony DUI?

If you are convicted of felony DUI, your penalties will be based upon the factors involved in your offense.  Below is an overview of the typical sentences given for felony drunk driving.

Third DUI Offense – Category B Felony
  • Incarceration in state prison for 1 to 6 years
  • $2,000 to $5,000 in fines
  • Installation of a breath interlock device in your car for 1 to 3 years
  • License suspension for 3 years

DUI Following a Felony DUI Conviction – Category B Felony
  • Incarceration in state prison for 2 to 15 years
  • $2,000 to $5,000 in fines

DUI Causing Injury or Death – Category B Felony
  • Incarceration in state prison for 2 to 15 years
  • Fines of $2,000 to $5,000

If you are charged with DUI causing injury or death and you have already been convicted of drunk driving at least 3 times, your charges will be increased to vehicular homicide, which is a Category A felony. Conviction for vehicular homicide will result in incarceration in state prison for 25 years or life in prison, with the possibility of parole after serving at least 10 years.

If you are charged with felony DUI, it’s important to understand your defense options and to retain an experienced criminal lawyer for your trial. Visit the DUI Defense section on our website for more information.

Wednesday, December 18, 2013

Holiday Safety Tips for the Home

One of the best parts of the holiday season is the decorations. The lights, Christmas trees, and other festive garnishments make the season feel special, but these decorations can also sometimes lead to injuries or damage to property if users aren't cautious.

While decorating for the holidays, there are different precautions you can take to protect your family and home from harm. Read the prevention tips below to learn how you can keep your loved ones safe and avoid dangerous accidents.
  • If you are getting an artificial tree, look for one that is “fire resistant”.
  • When buying a real tree, look for one that is fresh and does not have dry needles that easily fall off.
  • Place your tree at least 3 feet from all heat sources, including radiators, fireplaces, vents, space heaters, and lights.
  • Make sure your tree does not block any doorways.
  • Hang glass and breakable ornaments towards the top of the tree, out of the reach of children.
  • If you have young children, be careful not to use small decorations or ornaments that could become choking hazards.
  • Never light candles near your Christmas tree or other decorations.
  • When hanging lights indoors or outside, be sure to check each strand for broken sockets or bulbs and frayed wires.
  • If you are hanging lights outside of your home, make sure the strands are certified for use outdoors.
  • No more than 3 strands of lights should be plugged into any single extension cord.
  • Make sure you turn off all lights – both indoors and outside – before leaving the house and going to sleep.
  • When opening presents, keep the discarded wrapping paper away from fireplaces or sources of heat and immediately throw away the paper when done.
  • Be sure to throw your tree out once the needles become dry and brittle, as it is more flammable once it has dried out.

We hope these tips will help you keep your family safe while enjoying your holiday decorations!

De Castroverde Law Group represents victims of negligent accidents in personal injury cases throughout Las Vegas and Clark County.

Friday, December 13, 2013

Get the Facts on Hit & Run Charges

In the state of Nevada, drivers involved in collisions have a responsibility to stop and render reasonable aid to any injured victims and to give their information to the other drivers (NRS 484E.010). The failure to do so will result in charges for fleeing the scene, more commonly referred to as hit & run. 

Regardless of whether the accident resulted in property damage, injury, or fatality, any drivers involved are required to exchange the following information at the scene:
  • Name
  • Address
  • Vehicle registration
  • Driver’s license (if someone requests to see it)

If you are involved in an accident and fail to stop and give aid or provide your information to other drivers, you will face either misdemeanor or felony charges.

Misdemeanor Hit & Run – Property Damage

You will be charged with a misdemeanor offense if you flee from an accident that only resulted in property damage. If you hit and damage an unoccupied vehicle or other property with your vehicle, you have a duty to try to find the owner or leave a note with your name and address, and to also inform law enforcement about the accident.

If you are convicted of misdemeanor hit & run, your penalties will include:
  • 6 points to your driver’s license;
  • Fines up to $1,000; and/or
  • Incarceration in county jail for a maximum of 6 months.

Felony Hit & Run – Bodily Injury or Death

Hit & run is charged as Category B felony offense when the accident results in bodily injury or death to a victim. If you are convicted of leaving the scene of an accident that involved injury or fatality, your penalties will include:
  • Fines between $2,000 and $5,000;
  • Incarceration in state prison for 2 to 15 years; and
  • Possible suspension or revocation of your driver’s license.

Charged with leaving the scene of an accident in Clark County? Our defense team at De Castroverde Law Group is experienced in fighting all types of misdemeanor and felony charges. Visit the Hit & Run page on our website for more information.

Wednesday, December 11, 2013

Prevent Carbon Monoxide Poisoning During Winter

In recent weeks Nevada and many states throughout the country have been hit with extremely cold weather. It’s important to be aware of the dangers of carbon monoxide poisoning when heating your home this winter.

Carbon monoxide (CO) is an odorless and colorless gas that is produced whenever a fuel is burned. CO is the most common cause of poisoning deaths in the United States, killing over 500 victims each year. Although CO poisoning can occur during any season, it is most common during the winter when people use gas, kerosene, wood, oil, or charcoal to warm their homes.

Symptoms of Carbon Monoxide Poisoning

Exposure to high levels of CO can cause illness and even death. CO poisoning has symptoms similar to the flu, except that the victim will not have a fever. The most common symptoms of CO poisoning include headache, nausea, dizziness, fatigue, disorientation, shortness of breath, vomiting, and the loss of consciousness.

If you or members of your household are experiencing symptoms of carbon monoxide poisoning, immediately go outside to get fresh air and seek medical attention.

What Causes Carbon Monoxide Poisoning?

Victims can suffer CO poisoning when the gas builds up in enclosed or semi-enclosed areas. CO gasses can accumulate in the home because of a blocked chimney, rusted or malfunctioning heating system or water heater, idling car in the garage, or any unvented, fuel-burning appliance or space heater.

There are a number of steps you can take to prevent CO poisoning in your home and protect your family.
  • Have your heating system, water heater, and all fuel-burning appliances checked by a trained professional at the beginning of every winter.
  • Have your chimney inspected or cleaned every year.
  • Never leave your car idling in the garage, even if the garage door is open.
  • Keep a window cracked in a room that contains a fuel-burning appliance to avoid CO buildup.
  • Never use a barbecue grill, charcoal grill, or gas camp stove indoors.
  • Never use your oven or gas range to heat the room or your home.
  • Never use a generator inside of your home, garage, or basement; when using a generator outside, keep it away from all windows, doors, and vents.
  • Perhaps the most important action to take is to install carbon monoxide detectors in your home, including at least one battery operated CO detector in case the power goes out. Check or replace the batteries in your CO detectors twice a year.

Be mindful of carbon monoxide poisoning this winter and take the necessary steps to prevent harm to your family.

The team at De Castroverde Law Group represents injury victims in the Las Vegas area. Call the firm if you need assistance with a personal injury claim or lawsuit.

Friday, December 6, 2013

Common Causes of Motorcycle Accidents

Unfortunately, it seems like motorcycle accidents make the headlines every week in the Las Vegas area. These collisions often lead to catastrophic injuries, and the tragic truth is that most motorcycle accidents are preventable. The most common causes of motorcycle accidents include:

Cars Making Left Turns
Drivers making left-hand turns cause approximately 42% of all motorcycle accidents. Passenger vehicles making left turns often hit motorcycles when the rider is:

  • Passing the turning vehicle
  • Trying to overtake the turning vehicle
  • Going straight through the intersection when the vehicle turns
The small size of motorcycles means that they can stop more quickly than larger passenger vehicles. If a car is following a motorcycle too closely and the rider has to stop abruptly, a rear-end collision will likely result. The impact caused by a car striking a motorcycle can cause the rider to be thrown from the bike onto the ground or the car in front of them, leading to severe injuries.

Failure to Yield
Much like left-hand turn collisions, failure to yield accidents are often the result of drivers failing to notice motorcycle riders. Failure to yield collisions can occur if a driver does not yield to a motorcycle when:

  • Merging onto a highway
  • Changing lanes
  • Leaving or entering a parking lot or garage
  • Making a right-hand turn
  • Crossing through an intersection that is controlled by a traffic signal or stop sign
Open Doors
Open door accidents often occur in urban areas when drivers parked on the side of the road throw their car doors open into the immediate path of oncoming motorcycles. These collisions are typically caused by drivers failing to check for oncoming traffic before opening the doors of their parked vehicles.

Drivers of passenger vehicles can help prevent injuries to motorcycle riders by operating their cars safely and checking carefully for motorcycles before making any maneuvers on the road. If you were hurt in a motorcycle accident, our lawyers at De Castroverde Law Group can assist you with seeking rightful compensation. Visit the Motorcycle Accidents page on our website to learn more. 

Wednesday, December 4, 2013

Understanding Nevada’s DMV Point System

In order to encourage individuals to drive safely in Nevada, the DMV employs a demerit point system in addition to tickets and fines for driving offenses. If you are cited for violating a traffic law anywhere in the state, demerit points will be assigned to your driving record. The number of points assigned will be based upon the alleged traffic offense.

If you receive 12 or more points within any 12-month period, your license will be suspended for 6 months. Below is a list of some of the most common traffic offenses in Las Vegas and the number of points you will get for committing the offenses.

Points for Speeding
  • Driving 1-10 mph over the posted limit – 1 point
  • Driving 11-20 mph over the posted limit – 2 points
  • Driving 21-30 mph over the posted limit – 3 points
  • Driving 31-40 mph over the posted limit – 4 points
  • Driving 41 mph or more over the posted limit – 5 points

Points for Other Offenses
  • Failure to dim your headlights – 2 points
  • Driving too slow, impeding traffic – 2 points
  • Texting or hand-held phone use (2 or more offenses) – 4 points
  • Failure to yield to right-of-way – 4 points
  • Passing a school bus with flashing signals – 4 points
  • Following another vehicle too closely – 4 points
  • Failure to obey a stop sign or traffic signal – 4 points
  • Failure to provide aid or give your information at the scene of an accident – 6 points
  • Careless Driving – 6 points
  • Reckless Driving – 8 points

Getting a ticket may not seem like a big deal, but the points can add up fast and lead to harsh consequences. If you were wrongfully ticketed, an attorney can help you fight the citation and corresponding penalties. Visit our Traffic Tickets page to learn how De Castroverde Law Group can help.

Thursday, November 28, 2013

DUI Checkpoints in Las Vegas

The LVMPD sets up sobriety checkpoints throughout the valley during the holiday season in an effort to catch drunk drivers. DUI checkpoints are unique because they are the exception to the probable cause rule. Although law enforcement officers normally must have probable cause to stop drivers and test them for intoxication, probable cause is not required at sobriety checkpoints, also known as roadblocks. If a person is arrested for drunk driving after being stopped at a checkpoint, their charges could be ruled invalid if the officers did not follow a set of strict guidelines.

Nevada law requires that:
  • Checkpoints are set up on a highway where they are clearly visible to oncoming traffic from at least 100 yards away.
  • Officers set up a sign with the word “Stop” near the center divider of the highway, and the letters must be big enough and bright enough to be read at least 50 yards away.
  • There is at least one flashing red light set up near the checkpoint, and it must be visible to oncoming traffic from at least 100 yards away.
  • Warning signs are set up on the side of the highway at least a quarter mile from the checkpoint so that oncoming drivers are notified that a roadblock is up ahead. The signs should be big enough and bright enough to be read by drivers and there should be bright or flashing lights around them to attract attention.

In the event that you are driving during the holidays and see warning signs for a roadblock up ahead, you are allowed to take any available legal detours to avoid going through the checkpoint. For example, you can turn onto a side street to avoid the checkpoint, but you cannot make a sudden U-turn into oncoming traffic to avoid it.

If you were arrested for drunk driving at a checkpoint in the Las Vegas area, it’s important that you retain knowledgeable legal counsel right away. Your attorney can determine if law enforcement followed all requirements for the roadblock and may b
e able to get your charges dropped if they did not.

De Castroverde Law Group fights drunk driving charges for clients throughout Clark County, NV. Visit the DUI Defense section on our website to learn more about your rights and options. 

Tuesday, November 26, 2013

Stay Safe While Driving During the Holidays

The holiday season is a busy time for travelers, and increased traffic on the roads, combined with poor weather, typically leads to more accidents. If you and your loved ones plan to travel by car for the holidays, there are a few steps you can take to reduce the risk of accidents.

Before Your Trip
  • Take your vehicle to the shop for routine maintenance and to have your tires inspected.
  • Check your windshield wipers and pack chains if you will be driving through an area that could get snow.
  • Pack chargers for your phone and GPS and put them in an accessible place in the car, so that you won’t have to take your eyes off of the road to search for them.
  • Plan out your route in advance and also have a map marked out, in case your GPS is unreliable.
  • Have a list of emergency numbers on hand, such as AAA, in case of an accident.
  • Pack snacks and drinks for yourself and passengers.
  • Inform your relatives or friends of when you plan to leave, the route you are taking, and when you should arrive.
  • Plan to leave early to avoid the heaviest traffic times.

While on the Road
  • Get plenty of sleep before hitting the road, so that you are well-rested and alert.
  • Give yourself plenty of time to get to your destination and plan for traffic and other delays.
  • Make sure you and your passengers wear seat belts at all times and that children are properly restrained.
  • Stop every few hours so that you can stretch your legs and take a break, or plan to share the driving responsibilities with another person.
  • If you start to feel sleepy, go to a hotel or pull off the road into a safe area to rest.
  • Follow the speed limit and maintain a safe distance from other vehicles at all times.
  • Do not allow yourself to be distracted by your phone, passengers, or anything else while driving.
  • Stay calm and avoid getting frustrated if you get stuck in traffic.
  • Watch for objects in the road or stopped vehicles, so that you have time to respond.
  • Slow down and be extra cautious if it starts to rain or snow.
  • Be sure to use your headlights when needed.
  • Drive courteously and safely; be sure to use your signal, be patient, and don’t cut off other drivers.

If you are involved in a collision, try to move your car onto the side of the road and call 911. Remain inside your vehicle if possible and turn on your hazard lights. If it is safe to do so, get the other driver’s information and take pictures of the scene. Although being involved in an accident is frightening, try to remain calm so that you can think clearly and stay in control of the situation.

De Castroverde Law Group represents clients in all types of injury and insurance claims in Clark County. Visit our Car Accidents page to learn about your options if you are involved in a collision during the holidays.

Friday, November 22, 2013

Street Racing in Las Vegas

Street racing is categorized as a reckless driving offense in the state of Nevada because it involves operating a vehicle in a way that displays willful or wanton disregard for the safety of others. It doesn't matter whether the race occurred on a highway, in a residential area, or when no one else was on the road; if you participated in an illegal drag race, you could face criminal charges.

Street racing can be charged as either a misdemeanor or felony offense, depending upon the factors involved in the incident and the defendant’s criminal record.

Misdemeanor Street Racing Penalties
Street racing is charged as a misdemeanor if the offense did not lead to any deaths or injuries. Sentencing will depend upon whether you were convicted of illegal racing in the past, and can include the following:

First Offense
  • Fines of $250 to $1,000
  • License suspension for 6 months to 2 years
  • Impoundment of the car used in the race for 15 days
  • 50 to 99 hours of community service
  • Incarceration in county jail for a maximum of 6 months
Second Offense
  • Fines of $1,000 to $1,500
  • License suspension for 6 months to 2 years
  • Impoundment of the car used in the race for 30 days
  • 100 to 199 hours of community service
  • Incarceration in county jail for a maximum of 6 months
Third Offense and Subsequent Offenses
  • Fines of $1,500 to $2,000
  • License suspension for 6 months to 2 years
  • Impoundment of the car used in the race for 30 days
  • Incarceration in county jail for a maximum of 6 months

Felony Street Racing Penalties
Street racing is charged as a felony offense if the incident caused a victim to suffer substantial bodily injury or led to fatality. Sentencing for felony street racing generally includes:
  • Fines of $2,000 to $5,000
  • Incarceration in state prison for a minimum of 1 year to a maximum of 6 years
If you were arrested for street racing in Las Vegas or Clark County, don’t hesitate to contact the experienced defense team at De Castroverde Law Group. Visit our website to learn more about the importance of hiring a criminal lawyer for your case.

Wednesday, November 20, 2013

LVMPD Trying to Put an End to Pedestrian Deaths

In the last two weeks at least four fatal pedestrian accidents have occurred in the area. On Monday, Las Vegas Metropolitan police officers met to discuss what can be done to prevent these tragic accidents. The victims include both adults and children, and a fatal accident that occurred Sunday night marked the 94th traffic-related death this year.

Although some pedestrian accidents involve victims jaywalking instead of using crosswalks, many of these incidents are caused by driver negligence. Pedestrian accidents are often caused by drivers who:
  • Drive while intoxicated
  • Drive while distracted
  • Fail to stop at traffic lights and stop signs
  • Drive recklessly
LVMPD officers are dedicated to finding a solution to the problem of pedestrian accidents, but said that they are running out of ways to get both drivers and pedestrians to be more careful.

Pedestrian Safety Tips

There are different steps pedestrians can take to protect themselves while walking or biking in Las Vegas.
  • Always use designated crosswalks.
  • Check both ways before crossing the street, even if it is your turn to walk.
  • Be careful at intersections where drivers make right-hand turns.
  • Be careful when crossing in poorly-lit areas.
  • Walk on the sidewalk whenever possible; if there is no sidewalk, walk facing traffic.
  • Carry a flashlight and wear reflective clothing to increase your visibility when walking at night.
  • Avoid texting or using your phone while walking, so that you can stay aware of your surroundings.
If you were hurt or lost a loved one in a pedestrian accident caused by a careless or reckless driver, you may have grounds to file an injury claim. Learn more about your legal options by visiting the Pedestrian Accidents page on our website.

Friday, November 15, 2013

Understanding Premises Liability

Under premises liability law, property owners have a responsibility to protect their visitors and patrons from harm. “Premises” refer to both private property, such as a person’s home, and commercial property, such as a retail store or hotel. While the owner of a property cannot prepare for every possible accident that could occur, the law requires that they take reasonable care to prevent injury to others.

Reasonable care refers to the owner’s duty to keep their property free of potential hazards and eminent dangers. This means that an owner could be held liable if someone was injured on their property because they failed to take reasonable action to prevent the accident from occurring.

Premises liability cases often include injuries caused by:
  • Spills or leaks that are not cleaned up
  • Failure to post caution signs after a floor is mopped
  • Broken steps and handrails
  • A bite or attack from an unrestrained dog
  • Broken or uneven cement or pavement
  • Exposed tree roots in a walkway
  • Insufficient lighting in a parking garage or walkway
  • Objects left in walkways
  • Negligent or insufficient security
  • Negligent lifeguards at a pool
  • Exposed electrical wiring
  • Lack of fencing and barriers at a pool

If you were injured as a patron or visitor on another’s property, you may be able to seek compensation for your suffering and expenses by filing a premises liability claim. Your claim or lawsuit must be able to prove that:
  • You were lawfully on the premises when injured.
  • The property owner knew or should have known that a potentially dangerous condition existed on their property.
  • The owner’s negligence in addressing the hazardous condition directly contributed to your injury.

If you were injured in the Las Vegas area, our team at De Castroverde Law Group can help you explore your legal options. Visit our Premises Liability page to learn more about filing a claim or lawsuit against a negligent property owner.

Tuesday, November 12, 2013

What are Bad Checks?

In the state of Nevada it is illegal to write a check to pay for a product or service if you are fully aware that you do not have enough money in your account to cover the expense. According to NRS 205.130, writing a bad check involves passing a check in an act of willful fraud, or with the intent to defraud the seller. You could also be charged with this offense if you pass a check or draft to obtain money, delivery of property, the use of property, services, or credit extended by a licensed gaming establishment. Writing bad checks occurs frequently in Las Vegas, so the LVMPD and criminal courts prosecute these offenses harshly.
The penalties for writing a bad check will depend upon the amount the check was written for and whether the defendant has prior convictions for this crime.

Checks written for less than $250:
  • A misdemeanor punishable by up to $1,000 in fines, restitution for the amount of the bad check, and a maximum of 6 months in county jail.
  • If the defendant has 3 prior convictions for bad checks, the offense is charged as a Category D felony, punishable by fines up to $5,000, restitution for the amount of the bad check, and incarceration in state prison for 1 to 4 years.

Checks written for $250 or more:
  • A Category D felony, punishable by fines up to $5,000, restitution for the amount of the bad check, and incarceration in state prison for 1 to 4 years.

Possible Defenses

The key element of writing a bad check is the intent to defraud. Law enforcement and the prosecution must be able to prove that you intended to defraud the recipient of the bad check. If you did not intend to defraud anyone, you can fight your charges. Common defenses used in bad check cases include:
  • Lack of intent to defraud. In some cases, the defendant wrote a bad check unknowingly, assuming that there were sufficient funds in their account. Perhaps the defendant believed their paycheck was going to be issued before writing the check, or they did not know that their spouse or partner had withdrawn a significant amount from their account.
  • The account had sufficient funds. If the defendant’s bank account had sufficient funds when they wrote the check, they are not guilty of a crime. If the defendant can produce bank statements that show that they had the money in their account when they wrote the alleged bad check, the charges may be dropped.
  • The defendant paid within 5 days. In most cases, a person will not be prosecuted for writing a bad check if they pay back the money they owe within 5 days of being notified that their check bounced.

To learn more about this crime, visit the Bad Checks page on De Castroverde Law Group’s website. 

Thursday, November 7, 2013

What is Distracted Driving?

The National Highway Traffic Safety Administration reports that in 2010, approximately 1 out of every 5 car accidents that occurred in the United States was caused by distracted driving. That same year, distracted driving accidents injured approximately 416,000 people and led to 3,000 fatalities.

Although many people consider distracted driving to be synonymous with texting while driving, this dangerous habit can involve much more than cell phone use while behind the wheel. There are three main types of driver distractions: visual, manual, and cognitive.

Visual Distractions

A driver is visually distracted when they take their eyes off of the road, either for a few seconds or a longer period of time. Common forms of visual distraction include:
  • Reading or composing a text message
  • Looking at a cell phone
  • Looking at something on the side of the road or in the distance, such as a collision
  • Reading a map or GPS

Manual Distractions

Manual distraction occurs when a driver takes one or both hands off of the wheel for a few seconds or a number of minutes. This type of distraction commonly occurs because the driver is:
  • Eating or drinking
  • Writing a text message
  • Answering or making a phone call
  • Adjusting the stereo
  • Reaching for something in another part of the vehicle
  • Grooming, such as applying makeup or using an electric razor

Cognitive Distractions

A driver is cognitively distracted when their mind is completely or partially unfocused on driving safely. Although the driver’s hands may be on the wheel and their eyes on the road, they can still be cognitively distracted if they are driving while:
  • Exhausted
  • Emotional
  • Extremely stressed
  • Talking to passengers
  • Conversing over the phone
  • Composing a text message

Many drivers do not realize that they are allowing themselves to be distracted while on the road, or the risk that they are placing themselves and other motorists in. Be mindful of your actions while you drive and make the choice to practice safe driving.

De Castroverde Law Group represents accident victims in the Las Vegas area. If you were injured by a distracted driver in Clark County, visit the Car Accidents section on our website to learn about your options.

Tuesday, November 5, 2013

Teacher Charged with Kidnapping Teen Girl

Clark County School District police have released more information about the November 1 arrest of a Las Vegas kindergarten teacher. The 44-year-old man, M.S., was arrested for allegedly kidnapping a teenage girl, who was found at his home.

M.S. became a person of interest in the case of the missing Henderson girl after CCSD police became aware of the man’s interactions with the girl over social media. When initially questioned about the girl’s whereabouts on October 31, M.S. denied knowing anything about her location. Police then performed surveillance on the man’s home and found the missing teen unharmed.

The man was charged with kidnapping, even though the girl was a willing participant, according to CCSD police. He also faces charges of child abuse, obstruction of justice, and contributing to the delinquency of a minor.

Nevada Kidnapping Laws

Kidnapping is a felony crime in Nevada under NRS 200.310, and in some cases can also be charged as a federal offense. First degree kidnapping occurs when a defendant willfully confines, seizes, entices, abducts, conceals, or carries away a person with the intent to do any of the following:

  • Hold the victim for ransom
  • Exact money or valuable assets from the victim’s relatives, friends, or others for the return or disposition of the victim
  • Commit sexual assault, robbery, or extortion upon the victim
  • Inflict substantial bodily harm upon or kill the victim

According to state law, it also qualifies as kidnapping when a defendant entices, takes, leads, carries away, or detains a minor with the intent to imprison, confine, or keep them from his or her guardians, or if the defendant intends to commit upon the minor any illegal act. 

First degree kidnapping is a Category A Felony in Nevada, and sentencing depends upon whether or not the victim sustained substantial bodily harm during the ordeal. In the case of M.S., the girl did not suffer bodily injury, and so he could face such penalties as:

  • 15 years in state prison, with possibility of parole after a minimum of 5 years; or
  • Life in prison, with the possibility of parole after a minimum of 5 years served.
To learn more about this felony offense, visit the informative Kidnapping page on our website.

Thursday, October 31, 2013

Concealed Handgun Laws in Nevada

In the state of Nevada, adults can purchase and carry firearms without a permit. Although carrying visible weapons is legal without documentation, an adult cannot carry a concealed firearm unless they have a concealed handgun permit.

In order to obtain a concealed handgun permit, you must be at least 21 years old, successfully complete a firearms safety course, and not be disqualified by any of the following:

  • You are currently on parole or probation
  • You are prohibited from possessing a firearm according to state or federal law
  • You were declared incompetent or insane by a doctor or a court
  • You were convicted of certain violent crimes, like domestic violence or any other crime involving injury
  • You were committed to a mental health facility within the past five years, whether voluntarily or involuntarily

Additionally, if you struggled with alcoholism or addiction in the past, or if you were convicted of crimes involving alcohol or controlled substances, your ability to obtain a concealed handgun permit could be impacted.

It is a category C felony to carry a concealed firearm in Nevada without a valid permit. Conviction for a category C felony is punishable by 1 to 5 years in state prison and fines up to $10,000. If you are charged with possession of a concealed handgun without a permit, discuss your defense options with an experienced lawyer before making any decisions about your case.

Learn about other firearm offenses in Nevada by visiting the Weapons Charges page on our website. 

Monday, October 28, 2013

High Wind Warning in Clark County - Protect Yourself on the Road

The National Weather Service issued a high wind warning for all of Clark County this morning, and forecasters say that the winds could gust up to 80 miles per hour in some locations. These extreme winds have already caused power outages throughout the state of Nevada.

Strong winds increase the risk for car accidents, so it is important that Las Vegas drivers operate their vehicles carefully in these weather conditions. Be on the lookout for objects and branches that could be blown onto the roadways, as well as downed power lines. Also remember that powerful winds can kick up dust and sand, causing limited visibility.

According to Las Vegas officials, drivers of high-profile vehicles, such as large trucks and SUVs, should be particularly careful of crosswinds. Strong gusts of wind can sometimes push against the sides of taller vehicles and cause them to tip or rollover, which can lead to serious injuries and property damage. Drivers of high-profile vehicles are advised to take extreme caution when traveling through areas that are experiencing high winds. 

If you need to be on the road in Clark County while the wind advisory is in place, make sure you take precautionary steps to reduce risk to yourself and others. 

  • Maintain a safe distance from other vehicles.
  • Never drive over downed power lines, and be especially cautious if there is water near a downed line.
  • Be aware of a possible sudden calm in the middle of a windstorm, and know that the winds could pick back up suddenly.
  • Do not drive faster than the speed limit and maintain a speed that is appropriate for the conditions.
  • Keep both hands on the steering wheel so that you are prepared if a gust of wind hits your vehicle.
  • Focus on driving and do not allow yourself to be distracted by your phone, GPS, or passengers.

De Castroverde Law Group represents victims of accidents in Las Vegas and throughout Clark County. Visit the Car Accidents section on our website to learn more. 

Thursday, October 24, 2013

What is Harassment?

The term harassment is commonly used, but many people don’t understand what this offense actually involves. Under NRS 200.571, in the state of Nevada a person is guilty of harassment if they knowingly threaten to:

  • Cause injury to a victim in the future
  • Physically damage a victim’s property
  • Restrain or physically confine a victim 
  • Do anything which will substantially harm a victim’s physical or mental health or their safety

Harassment is also committed when a person uses words or actions to put a victim in reasonable fear that the threat will be carried out against them.

Penalties for Harassment in Nevada

Harassment is charged as a misdemeanor unless the offense involved other crimes, such as stalking, or aggravating circumstances. Sentencing for a simple harassment charge will depend upon whether the defendant was previously convicted of this offense.

  • First Offense: A misdemeanor, punishable by fines up to $1,000 and/or incarceration in county jail for a maximum of 6 months.
  • Second or Subsequent Offense: A gross misdemeanor, punishable by fines up to $2,000 and/or incarceration in county jail for a maximum of 1 year.

Additionally, the judge will likely issue a restraining order against the defendant to protect the alleged victim. If the defendant violates the protective order they will be guilty of a gross misdemeanor and will face fines and jail time.

As with any criminal charge, a defendant accused of harassment is not without defense options, and should speak with an experienced lawyer about their case.

If you need legal help in the Las Vegas area, don’t hesitate to call our team at De Castroverde Law Group. Contact us for assistance or read about our firm on our website. 

Tuesday, October 22, 2013

Space Heater Causes Henderson House Fire

Four people and one pet were displaced from their home in Henderson this past weekend after their space heater caught the house on fire. The fire is believed to have started after the space heater was left unattended in the home.The Henderson Fire Department responded to the blaze around 1:00 p.m. at a two-story home near Arroyo Grande Boulevard and Sunset Road. Firefighters saw smoke rising above the roof and quickly tried to squelch the flames. The fire was located in the second-floor bathroom and promptly extinguished. 

No one was home at the time of the fire and there were no injuries; however, the fire caused significant property damage. The fire department estimates that repairs on the home will cost approximately $50,000. Henderson fire investigators have determined that the fire was a complete accident and was solely the result of the unattended space heater.

Space Heaters and Products Liability 

In recent years, space heaters have caused countless fires throughout the country, even leading the products to be banned in most workplaces. If a fire is caused by a space heater and there was no warning on the product, or if the space heather malfunctioned due to a design or manufacturing defect, then the manufacturer could be held liable for any resulting damages.

Victims of defective products are able to seek financial compensation for their injuries and losses under products liability law. There are three main types of defects recognized by products liability law: manufacturing defects, design defects, and the failure to adequately warn or instruct.
  • Manufacturing Defects: the product is defective because some sort of error occurred while it was made, and as a result the product is different than the rest.
  • Design Defects: the product’s design is inherently dangerous, and the defect is not the result of a manufacturing error.
  • Failure to Adequately Warn or Instruct: the manufacturer fails to provide consumers with adequate warnings about the risks presented by the product or fails to provide instructions about the proper use of the product.

If a victim can prove that their injuries were caused by one of the aforementioned defects, they can file a claim against the manufacturer for compensation.

To learn more about defective product claims, visit the Products Liability page on our website. 

Thursday, October 17, 2013

Local Man Arrested for Serial Arson

A 28 year-old Las Vegas man has been arrested and charged with setting close to a dozen fires in a twelve hour period in the area surrounding the University of Nevada, Las Vegas. Some of the fires to which Clark County firefighters responded were a dumpster fire by an apartment complex, a dumpster fire by a mall, and a car fire which resulted in approximately $20,000 worth of damage. 

The man in custody had been charged and convicted of arson in April of this year. He was recently released after serving a sentence of six months in the Clark County Detention Center. The man now faces ten counts of arson and one count of attempted arson.

Nevada Arson Laws and Penalties

In Nevada, arson is defined as willfully and maliciously setting fire to homes, buildings, mobile homes, vehicles, real estate, or the personal property of others. Anyone who aids, counsels, or procures such fires can also be arrested, charged, and convicted of this crime. Under state law, arson is categorized as being in the first, second, third, or fourth degree.

First-degree arson is the most serious category, charged as a Class B felony which is punishable by 2 to 15 years in prison and/or a fine of up to $15,000, and reimbursement of the costs of putting out and investigating the fire. Second-degree arson is a Class B felony punishable by 1 to 10 years in prison and/or a fine of up to $10,000, along with the same reimbursement costs as first-degree arson. Third and fourth degree arson charges are Class D felonies punishable by 1 to 4 years in prison and a fine of up to $5,000, as well as reimbursement costs.

You can learn more about this offense by reading the informative Arson page on our website. Contact De Castroverde Law Group if you need aggressive defense counsel in the Las Vegas area. 

Tuesday, October 15, 2013

Toddler Hit by Car After Climbing Out of Moving Vehicle

The Las Vegas Sun reported that a two-year-old boy was struck by a car on Sunday after he climbed out of a moving vehicle. The toddler, whose name was not released, was taken to the Sunrise Trauma Center with serious injuries. Metro Police said the boy was improperly restrained and got out of the vehicle and ran across the street near Russell Road and Palm Street. The child was hit by a Chrysler minivan that was traveling through the intersection.

The incident is under investigation by Metro Police, and it is possible that the child was not restrained inside of the vehicle at all. If that was the case, the parent or the caretaker who failed to correctly restrain the child could be held liable for the accident.

Under the law children are required to be properly restrained in age-appropriate safety seats or seat belts when traveling in motor vehicles. Because of the child’s young age, he should have been safely restrained in a car seat designed for toddlers. LVMPD is working to determine what led to the tragic incident and if any negligence was involved on the part of the child’s parent or caretaker.  

Our thoughts are with the little boy and we wish him a full and quick recovery. De Castroverde Law Group represents clients in personal injury and criminal cases in Las Vegas, NV. Visit our website for more information. 

Friday, October 11, 2013

Challenging Assault and Battery Charges

The crimes of assault and battery can be charged as either misdemeanor or felony offenses in the state of Nevada, and conviction will result in harsh penalties. Although many people assume assault and battery are essentially the same crime, they are actually two distinct offenses.
  • Assault can be charged if a defendant attempts to use unlawful force against a victim or if the defendant purposefully put a victim in fear of imminent bodily harm.
  • Battery occurs when a defendant uses force or violence against a victim.

Common Defenses

If you are charged with assault, battery, or both of these crimes, there may be defenses available to you, including:
  • Lack of intent to harm. Both offenses involve a willful attempt to harm a victim. If you did not intend to hurt the alleged victim, such as if the harm was accidental, you have not committed assault or battery.
  • Victim’s fear was unreasonable. Assault typically involves the threat of immediate harm, so if you did not actually threaten the supposed victim or if you did not threaten immediate harm, you may be able to challenge the charges.
  • Self-defense or defense of others. If you are facing immediate bodily harm, Nevada law says that you can defend yourself as long as you use reasonable force to fight back. Likewise, you can use reasonable force to defend another person from an attack.
  • Protection of property. If someone attempted to damage or steal your personal property, you can use reasonable force to defend yourself and protect your possessions.

Depending upon the factors involved in your case, there may be various defenses available to you. Speak with an attorney to learn about your options to fight the charges.

To learn more about these offenses, visit the Assault and Battery pages on our website. 

Wednesday, October 9, 2013

A Brief Overview of Nevada’s Illegal Weapons Laws

Under NRS 202.350(1)(a), there are a number of different weapons that are illegal to possess or use in Nevada. According to state law, it is a gross misdemeanor offense to manufacture, import, possess, or attempt to sell any of the following weapons: 
  • Switchblade knife
  • Slungshot
  • Billy
  • Blackjack
  • Sand-club
  • Sandbag
  • Metal knuckles

Additionally, a defendant can be charged with a gross misdemeanor if they possess or use a trefoil or nunchaku with the intent of harming another person. For any subsequent offense, a defendant will be charged with a category D felony.

An individual can also be charged with a gross misdemeanor or a category C felony if they conceal and carry any of the following weapons with the intent to injure another person:
  • An explosive substance
  • A pistol, revolver, firearm, or other type of deadly weapon
  • A dagger, dirk, or machete
  • Knife which is concealed as part of a belt buckle
The law also states that it is illegal to manufacture, import, possess, sell, or use a machine gun or silencer, which is a category C felony. 

What are the penalties?

The penalties for violating any of the aforementioned weapons laws are severe, and vary depending upon whether the defendant is charged with a gross misdemeanor or a category C felony.
  • Conviction for a gross misdemeanor is punishable by incarceration in county jail for a maximum of 1 year, or a fine of up to $2,000, or by both incarceration and a fine.
  • Conviction for a category C felony is punishable by incarceration in state prison for a minimum of 1 year and a maximum of 5 years, as well as a fine of up to $10,000.

If you are charged with any type of weapons offense, it is imperative that you hire an experienced lawyer to ensure that your rights are protected and you receive the best possible defense.

De Castroverde Law Group represents the people of Las Vegas in all types of criminal proceedings. Contact us to learn more about our firm and legal services.  

Friday, October 4, 2013

Carbon Monoxide Poisoning from Houseboats

The proximity of Lake Mead to Las Vegas makes it a favorite spot for many avid boaters. Visitors and boating novices can even rent houseboats on the lake for vacations, but unfortunately this can increase the risk of carbon monoxide poisoning. According to the U.S. Department of Health and Human Services, all carbon monoxide poisonings are preventable, so it's important to understand the risks and how to protect yourself.

Carbon monoxide is a gas that cannot be seen or smelled, and can be fatal if inhaled in large quantities. Carbon monoxide is often present around houseboats, and can put the houseboat’s occupants, swimmers, and other boaters at risk of exposure. Houseboat engines produce carbon monoxide, which can then waft through windows and into the compartments of the houseboat, affecting those inside. If people swim near the boat while the engine is running they are also at risk of carbon monoxide poisoning. The symptoms of small doses of carbon monoxide poisoning include confusion, headaches, seizures, dizziness, and nausea.   

Studies have shown that carbon monoxide poisoning near boats is far too prevalent. One study found more than 800 boating poisonings across 35 states in just the last few years. Over 140 of the poisonings cases reported resulted in the death of a victim.

If you are boating, swimming, or vacationing on Lake Mead, it is important to be aware of the possible dangers presented by carbon monoxide poisoning. Do your research beforehand and take care to avoid situations and areas where high levels of carbon monoxide are likely to be present.

If you or a family member has suffered carbon monoxide poisoning because of another person’s negligent actions, you may be entitled to compensation for your injuries and losses. Contact our team at De Castroverde Law Group to discuss your situation and to learn about your legal options. 

Monday, September 30, 2013

Las Vegas Man Attempts Suicide After Drowning Wife

On Saturday, September 28th Las Vegas Metro Police responded to a home after a man called and said he had attempted suicide at the residence. At the scene, however, officers discovered the body of a woman lying next to the pool in the backyard.

Upon finding the woman’s body in the backyard, Metro Police officers surrounded the home with their weapons drawn. Soon after the husband emerged from the house with a rope around his neck and surrendered to officers. He was treated for minor injuries at UMC before being booked at Clark County Detention Center and charged with one count of murder.

According to reports, an argument between a husband and wife turned physical in the early morning. The altercation went into their backyard and the man and woman fell into their pool, where the struggle continued. Homicide detectives believe the husband drowned his wife during the altercation in the pool, and then attempted to kill himself.

Neighbors were shocked to learn of the incident, and said that they had no reason to suspect that there was trouble inside the home. Detectives will continue investigating to put together a clear picture of what led to this tragic incident.

Nevada law defines murder as “the unlawful killing of a human being with malice aforethought.” The offense is always charged as a felony and carries extreme consequences. Penalties for conviction vary depending upon whether the defendant was charged with first or second degree murder, but can include prison sentences of 25 years to life in prison, or even the death sentence.

At De Castroverde Law Group, our Las Vegas criminal defense lawyers represent clients charged with violent offenses. To learn more about Violent Crimes or Domestic Violence in Nevada, we encourage you to visit our website. 

Wednesday, September 25, 2013

Road Rage Leads to Murder in Las Vegas

According to Fox 5 News, Metro Police are investigating a shooting in the northwest part of Las Vegas that left one man dead. The Las Vegas Metro Police report that the shooting occurred around 1:45 a.m. on Saturday, across from a Santa Fe Station Casino located on Lone Mountain Road. Witnesses saw a man lying on the ground and called the authorities. When the officers arrived at the scene, the 23-year-old man had already died from multiple gunshot wounds.

Homicide detectives have learned that apparent road rage led to the violent dispute while the victim and another driver traveled down Lone Mountain Road. Witness testimony states that the other driver fired multiple times at the victim’s vehicle, fatally striking him, before speeding away. Police are currently searching for the suspect, who was driving a dark-colored vehicle that possibly has damage to the rear taillight.  

While people may joke about road rage and aggressive driving, these offenses are actually punishable by the Nevada DMV, and can even lead to criminal charges. According to the DMV, if a driver speeds, creates an immediate hazard, runs a red light, or tailgates over the course of one mile, then he can be prosecuted for aggressive driving independently of any other offenses. 

Minimum penalties for aggressive driving include a $250 fine, mandatory traffic school, and possible license suspension.  In some cases, such as in this tragic incident, road rage can lead to serious criminal charges, such as assault, battery, or weapons offenses.

If you have been charged with aggressive driving or a related criminal offense, don’t wait to retain the representation of an experienced Las Vegas criminal defense attorney. Our knowledgeable lawyers can protect your rights and advocate on your behalf before the courts. Call De Castroverde Law Group today or read our Traffic Tickets page for more information. 

Monday, September 23, 2013

Three Children Injured When Truck Crashes Into Bus Stop

Early in the morning on September 20th, a father and his three young children were struck by a Ford pickup that smashed into the bus stop where the family was waiting. The accident occurred around 5:30 a.m. on Friday morning, on North Lamb Boulevard, just north of East Bonanza Road. The three children, ages 2, 4, and 5, were intubated at the scene before being transported to the hospital in critical condition.

According to Metro Police, the accident was the result of a collision between the Ford pickup and a Dodge pickup. The Ford was traveling north on Lamb Boulevard when the back passenger side of the vehicle was struck by the Dodge pickup, which was traveling west down Bonanza Road. The impact of the collision caused the Ford to swerve and hit the Regional Transportation Commission bus stop north of the Lamb intersection.

Neither of the drivers was injured in the accident, and both claimed that they had a green light and the right of way. Metro Police were seeking video form nearby businesses to determine which driver had a green light and which driver was responsible for the collision. The negligent driver who ran the light and caused the accident could be held liable for the family’s losses and injuries under personal injury law.

When motorists drive recklessly or allow themselves to become distracted behind the wheel, they could be held legally responsible for any harm and financial damage they cause to innocent victims. Negligent driving can result in severe and even fatal injuries to other motorists and pedestrians, and victims may be entitled to generous compensation.

If you or your family has been harmed in a motor vehicle or pedestrian accident that was caused by the negligence of another driver, it is important to understand your rights and options. Visit the informative Personal Injury section on our website to learn more, or call our caring Las Vegas injury attorneys at De Castroverde Law Group to discuss your case. 

Thursday, September 19, 2013

Resisting Arrest – Possible Defenses

In the state of Nevada it is a crime to resist being apprehended by a law enforcement officer or to obstruct their ability to carry out their legal duties. Resisting arrest is a serious offense that can be charged as either a misdemeanor or a felony depending upon the factors involved in the alleged incident, and conviction will result in fines and incarceration. Learn more about the charges and penalties by visiting the Resisting Arrest page on our website.

If you have been charged with resisting arrest, it is important to know that you have the opportunity to fight the allegations. There are different defenses that can often be used to challenge resisting arrest charges. Three of the most common include:

  • You did not resist. In some situations, law enforcement officers get caught up in the moment and misinterpret a defendant’s actions. For example, simply being sarcastic or rude to the officer who is taking you into custody is not the same as resisting arrest. Testimony from eye-witnesses or video footage of the incident could show that you did not commit the crime of resisting arrest.
  • You were arrested unlawfully. If a law enforcement officer tried to arrest you without grounds to do so, you are not guilty of resisting arrest. Officers cannot take an individual into custody without probable cause. If you were illegally arrested, you cannot be convicted of resisting arrest.
  • You acted in self-defense.  Under the law, individuals can defend themselves against law enforcement officers if the officers are using unreasonable physical force against them. If the officers are using excessive force against you, you can act in self-defense; however, you can only respond with a reasonable amount of force. Video footage and witness testimony could help prove that you had reason to defend yourself against the officers.

Your attorney can investigate the charges and evidence brought against you to determine if any of these or another defenses can be used for your case.

If you are charged with resisting arrest, we encourage you to call our team at De Castroverde Law Group before making any legal decisions. One of our Las Vegas criminal lawyers can evaluate the charges and evidence involved in your case to determine your defense options. We can then provide the aggressive courtroom advocacy you need and deserve. What are you waiting for? Contact us today to learn how De Castroverde Law Group can fight for you! 

Tuesday, September 17, 2013

Two Killed in Tragic Rollover Accident

The Nevada Highway Patrol confirmed that two people died Monday night when a semitrailer truck rolled onto their 2006 Nissan sedan. The accident occurred around 8:35 p.m. in a southbound lane, killing both the driver and the passenger of the sedan. The Highway Patrol believes that the impact of the initial collision was so strong that both vehicles were hurled through the air until they came to rest at the St. Rose ramp.

The Nissan was so badly damaged that rescue crews were unsure if there were any other victims inside the vehicle. The truck driver sustained non-life-threatening injuries and was taken to a hospital. The Nevada Highway Patrol is still investigating the cause of the fatal accident, and warned that several lanes would be shut down for multiple hours.

The Dangers of Vehicle Rollovers
Rollover accidents are one of the most deadly types of collisions. The National Highway Traffic Safety Administration reports that more than 280,000 rollover accidents occur annually, and typically cause approximately 10,000 fatalities each year. In 2008, a study showed that 35.7% of all fatal SUV crashes resulted in a rollover, and 15.8% of all fatal passenger car accidents were the result of vehicle rollovers.  Another study showed that in three out of every four fatal rollover accidents the victims were physically ejected from the vehicles.

Vehicle manufacturers are working hard to minimize the dangers of vehicle accidents. Manufacturers of SUVs and other top-heavy vehicles are working to improve the weight distribution on taller vehicles to minimize the likelihood of rollovers.  

You can learn more about these dangerous collisions by visiting the Rollover Accidents page on our website. If you or a loved one was harmed in a car accident caused by a negligent driver in Las Vegas, don’t hesitate to contact a personal injury attorney at De Castroverde Law Group to learn about your legal rights! 

Wednesday, September 11, 2013

Child Injured in Car Fire Possibly Set By Arsonist

An 11-year-old Henderson boy seriously injured when the car he was sitting in caught fire. Police suspect that the car was set on fire by an arsonist. While the child receives medical attention, police are trying to piece together the details of the incident. It is not known at present whether the child was in the car when the fire started, nor how the vehicle became engulfed in flames. The Henderson police say that they will continue to investigate the incident.

Law enforcement is unsure at this time if the fire was accidentally set by the boy, was caused by a defective part in the vehicle, or was the work of an arsonist. The young victim’s condition has not been released, but it is suspected that he has severe burns as a result of the accident.

Arson is a serious felony offense in the state of Nevada, and occurs when an individual deliberately or maliciously sets fire or aids another in setting fire to any home, building, or property owned by someone else or occupied by one or more person. First degree arson is charged as a Category B Felony under NRS 205.010, and conviction will result is a maximum of 15 years in state prison and heavy fines.

Want to learn more about Nevada’s arson laws and penalties? Click here to visit the arson page on our site. If you have been accused of arson, don’t wait to call our experienced Las Vegas criminal lawyers at De Castroverde Law Group to learn about your defense options!