Understanding Community Property Laws in Nevada

Divorce can confusing and complicated. When a couple has shared a life for years, splitting up the property they have acquired can be a complex process. This is made more complicated by the fact that not every state treats family law matters the same, or divides property in the same ways. Nevada is in the minority nationwide because it is a “community property state.”

What is a Community Property State?

 Because Nevada is a community property state, that affects personal property rights, divorce law, and even inheritance laws in the state. Basically, “community property” is property that spouses own together. In a community property state, married couples are considered to jointly own:

• All of the income earned by both spouses. This means that even if one spouse earns substantially more than the other spouse, both spouses have a claim on the total household income.
• Any property acquired with income earned during the marriage. This includes both real property (like land or buildings) and personal property (things that you own that is on your land or in your buildings, such as cars, dishes, jewelry, or even pets).
• Any debts acquired during the marriage. This means that if one of you took out a mortgage or student loan before you got married, the other spouse generally is not responsible for that debt. However, if one spouse ran up credit card debt during the marriage, then both may be held responsible for that debt.

This jointly owned property might have to be sold in the event of a divorce if the parties cannot agree to a fair distribution of the assets.

What is Not Considered Community Property?

It can seem like everything either partner owns is community property, but that is not the case. There are three main types of property you may own if you are going through a divorce that are not considered community property. These include:

1. Property obtained by one spouse after a legal separation is not community property. It is important to remember the “legal” separation part of this, so you do not inadvertently obtain property after your marriage is over and wind up having it divided with your spouse.
2. Any property either of you owned before you entered into the marriage stays with the person who originally owned it, as do any pre-marriage debts.
3. Property that one of you received as either a gift or an inheritance during the marriage from some outside third party can remain separate from community property, as long as it is actually kept separate. If one partner inherited money individually from an aunt, that could remain separate from the community property. However, if the inheritance was put in a joint bank account and included with community property funds, then it would also become community property.

If you have questions about Nevada's community property law or your rights in a divorce, you should speak with an experienced Las Vegas divorce attorney. Contact the family law team at De Castroverde Law Group as soon as possible to discuss your situation and legal options.

Understanding the Criminal Appeals Process in Nevada

If you were found guilty of a criminal offense in a Nevada court, you may be able to challenge the court’s decision by filing an appeal. According to NRS 177, an appeal can be used when someone convicted of a crime would like to request that a higher court review the decision of the lower court. 

The appeal is used to determine if there were certain factors present in the case that could overturn the court’s decision. Appeals typically involve showing that legal and factual errors were made during the trial, and these errors had a profound impact on the case’s outcome.

Factors that can lead to a successful appeal include: 

• Misconduct on the part of the prosecution
• The evidence failed to prove the defendant’s guilt beyond a reasonable doubt
• The jury received improper instructions
• The judge made errors during the course of the trial
• Defendant’s legal counsel was so ineffective that it impacted the outcome of the case
• A law or regulation was applied erroneously

If an appeal is filed based on any of these factors, the higher court will review the trial. During the appeal, no new evidence or information can be provided to the higher court that was not addressed in the original trial. The record of the original trial will be used to determine if any error was made during the prosecution of the alleged crime.

Filing an Appeal: An Overview

If your attorney determines that you have grounds to appeal the ruling of your case, you must act quickly. If you were convicted in district court, your lawyer has 30 days from the date of conviction to begin the appeals process. If you were convicted in federal district court or justice court, your lawyer has just 10 days to start the appeals process.

The Nevada appeals process typically involves the following steps:

1. Your attorney will file a notice of appeal with the court that handled your trial before the deadline.
2. The trial court will file the transcripts (“record”) of your original trial with the appellate court. Your lawyer then has 120 days to review the transcripts and create an appellate brief, which is a lengthy document that argues why you should win the appeal based upon laws and past cases.
3. After your lawyer has submitted the appellate brief, the state’s attorney can file an opposition that challenges the arguments presented in your brief. Your lawyer then has the opportunity to file another brief in response. Based upon the case, your attorney may be allowed to also present an oral argument before the appellate judges in addition to the appellate brief.
4. The appellate judges will review the briefs and any oral arguments, and then prepare and deliver the court’s decision as a written opinion.

Following an appeal, the higher court can overturn the lower’s court’s decision, acquit the defendant of the charges, order a new trial, or rule that the lower court’s original decision still stands.

If you would like to learn whether you have grounds to file an appeal in Nevada, speak with an experienced Las Vegas criminal defense lawyer as soon as possible. Contact our skilled team at De Castroverde Law Group to discuss your case and legal options. 

Felony Charges for Auto Theft in Nevada

Under NRS 205.228, grand larceny of a motor vehicle is charged as a felony offense in the state of Nevada. This offense can be charged when an individual intentionally steals, drives away, takes and carries away, or in another way removes a vehicle from the rightful possession of another person.

The severity of auto theft charges will depend upon the value of the vehicle stolen and if there were any aggravating circumstances involved, such as the use of a weapon. Various actions can lead to charges for grand larceny of a motor vehicle, including:  

• Failure to return a rented car
• Breaking into an unattended car and driving it away
• Agreeing to purchase a car but leaving with the vehicle before payment has been made
• Taking off with a car intended only for employment duties
• Driving away in a vehicle without the owner’s permission
• Forcing a person out of their vehicle and then taking it through the use of force or threats

If the individual did not have permission to take the vehicle, auto theft can be charged regardless of whether they were in possession of keys to the car, if the car was removed by a method other than driving, or if the car was only being borrowed for a short amount of time.

Penalties & Defenses for Grand Theft Auto

The penalties for grand theft auto differ depending on the value of the vehicle stolen. If the stolen vehicle is valued at less than $3,500, the offense will be charged as a category C felony punishable by:

• Incarceration in state prison for 1 to 5 years
• Fines up to $10,000
• Restitution to the victim

If the stolen vehicle is valued at $3,500 or more, the offense will be charged as a category B felony punishable by:

• Incarceration in state prison for 1 to 10 years
• Fines up to $10,000
• Restitution to the victim

If you or a loved one has been charged with auto theft in Las Vegas, it’s important to know your defense options before making any decisions about your case. Our experienced theft attorneys at De Castroverde Law Group can evaluate your unique situation to determine what legal options are available to fight the charges.

Depending upon the factors involved in the alleged crime, possible defenses to auto theft charges include:

• You are the rightful owner of the car that was purportedly stolen. 
• You borrowed the vehicle with permission from the owner, and there was no intention to commit auto theft.
• The prosecution cannot prove that a crime occurred because there were no witnesses to the alleged theft and the vehicle was never found in your possession.

Every situation is different, so it’s imperative to get a seasoned defense team on your side as soon as possible if you are facing auto theft charges in Clark County. De Castroverde Law Group is a family-run law firm in Las Vegas with an impressive record of success in all types of misdemeanor and felony cases. Contact our firm today to discuss your rights and defense options with our dedicated attorneys!

An Overview of Felony Crimes in Nevada

The most serious criminal offenses in Nevada are charged as felonies. Felony crimes carry much harsher sentencing than misdemeanors and are punishable by a minimum term of 1 year in prison.

Felonies are classified into five categories, with Category A crimes being the most serious offenses and Category E offenses being the least serious type of felonies. Examples of the various crimes charged under the different felony categories include:

• Category A: First and second-degree murder, first-degree kidnapping, use or promotion of a child in pornography, and sexual assault
• Category B: Voluntary manslaughter, home invasion, robbery, and second-degree kidnapping
• Category C: Grand larceny of goods valued between $650 and $3,500, violating an extended order of protection, and a third offense of battery domestic violence
• Category D: Involuntary manslaughter, third-degree arson, unpaid casino markers, and forgery
• Category E: Criminal gang recruitment, peeping with a camera or recorder, and soliciting a child prostitute

Penalties for Felony Offenses

Each category of felony carries a different set of possible penalties according to state law. Regardless of the specific crime, anyone convicted of a felony in Nevada will be sentenced to a minimum of 1 year in prison, though the maximum sentencing will differ depending on the offense.

According to NRS 193.130, standard sentencing for a felony conviction is as follows:

• Category A Felony: the death penalty, life in prison without parole, or life in prison with the chance of parole
• Category B Felony: a minimum term of 1 year to a maximum of 20 years in prison and a fine
• Category C Felony: a minimum term of 1 year to a maximum of 5 years in prison and a fine up to $10,000
• Category D Felony: a minimum term of 1 year to a maximum of 4 years in prison and a fine up to $5,000
• Category E Felony: a minimum term of 1 year to a maximum of 4 years in prison and a fine up to $5,000; in some cases the court may suspend the sentence and grant probation

As with any crime, felony charges must be brought against a defendant within the statute of limitations. The length of time allowed for prosecution of a felony will vary depending upon the crime, although certain offenses, such as homicide, have no statute of limitations.

Having any felony conviction on your record can negatively impact all areas of your life. Prior felony convictions could be used against you in future cases and result in additional penalties under Nevada’s habitual offenders law (NRS 207.010). If you are accused of a felony offense in Las Vegas or elsewhere in Clark County, retain the defense of De Castroverde Law Group as soon as possible.

Our experienced and accomplished Las Vegas criminal defense attorneys have successfully handled felony cases throughout the state and can aggressively fight your charges. Call (702) 222-9999 to learn how you can benefit from the defense of De Castroverde Law Group.

Juvenile Crimes in Nevada

Everyone makes mistakes, and this is especially true of children and teenagers. In some cases, a young person’s mistakes can lead to criminal charges. 

Finding out that your child has been arrested is overwhelming for any parent, but knowing what to expect throughout the process can help ease your anxiety.

Nevada Juvenile Court Procedure

According to Nevada law, anyone less than 18 years old is categorized as a minor. When a minor is arrested, they will be processed through the juvenile court system, which generally focuses more on rehabilitation than incarceration.

When a minor is arrested, procedure will follow these steps:

1. Initial arrest if a police officer feels the child has committed a crime
2. Immediate parental notification of the child’s arrest and the involvement of a probation officer
3. Release of the child to the parent with the agreement to bring the child to court
4. Attorney appointed by the court or hired by the parents to represent the child
5. Trial to determine whether or not the child committed a crime and sentencing
6. Completion of the sentencing, which may include fines, community service, driver’s license suspension, course in human development, or incarceration

Depending upon the offense, sentencing options can be as light as a verbal warning or as serious as time in a juvenile detention facility. Sending a child to prison is generally reserved for cases when alternative sentencing methods would be ineffective in preventing the crime from occurring again. As with any criminal case in Nevada, a child convicted in juvenile court has the right to appeal the judge’s sentencing.

The Impact of Juvenile Criminal Records

One of the biggest concerns for parents is how their child’s criminal conviction may affect their ability to get into college, future employment potential, and other opportunities. Typically juvenile offenders automatically have their records sealed when they are 21, unless they committed a serious offense.

Many offenders that committed crimes in their youth are able to have their records sealed or expunged, meaning that schools and employers will not be able to access this information. An expunged record means that the crime never existed in the eyes of the law. A sealed record means that the only time the record can be viewed is with the permission of the court.

Going through the juvenile court system can be frightening, and it’s important to have the representation of a proven law firm. The experienced criminal defense attorneys at De Castroverde Law Group can help ensure the best possible outcome for your child’s juvenile crime case in Las Vegas. Contact our family-run law firm to learn how we can help!

Habitual Offenders: Penalties in Nevada

In Nevada, a person who has been convicted of at least two other felony offenses can be sentenced to additional time in prison if they are found guilty of another felony crime. Under NRS 207.010, designation as a habitual criminal will result in harsher sentencing for any further charges.

If a defendant has been convicted of other felonies, either in Nevada or anywhere else, they face additional prison time based upon the number of previous felony convictions on their record.  

• If convicted of two felonies previously, the defendant will be punished for a category B felony by incarceration in state prison for 5 to 20 years.
• If convicted of three felonies previously, the defendant will be punished for a category A felony by incarceration in state prison for: 
• Life without the possibility of parole;
• Life with the possibility for parole after 10 years served; or
• 25 years with possibility for parole after 10 years served.

Importance of Enlisting Strong Defense

The district attorney can choose whether to file habitual offender charges against the defendant, but the judge can also choose to throw these charges out. Additionally, the defendant can challenge the habitual offender charge, even if they are convicted of the latest felony. The court must then hold a hearing on the matter to determine whether the defendant should receive habitual offender designation.  

Habitual offender charges can result in excessive prison time, which is why it is crucial for a defendant to retain the representation of an experienced and effective defense attorney. De Castroverde Law Group prides itself on providing clients in Las Vegas with smart and aggressive defense against all types of misdemeanor and felony charges. If you or a loved one is facing habitual offender charges in Clark County, call (702) 222-9999 to learn how this skilled family-run firm can fight for you!

Underage Drunk Driving in Nevada

In Nevada, underage drivers who are caught operating their vehicles with even a small amount of alcohol in their systems can face serious consequences under NRS 484C.350. As per state law, a person under the age of 21 can be charged with driving under the influence if their BAC measures .02% or higher.

Nevada’s zero tolerance policy will result in arrest for any underage driver with a BAC of .02% or more, regardless of whether they are intoxicated. If you or a loved one has been charged with an under 21 DUI, it’s important to enlist the defense of a skilled attorney who can help you fight the charges and serious consequences. Penalties for underage DUI include:

• First Offense: 2 days to 6 months of jail time, $400-$1000 in fines, 90 day license suspension, and a mandatory evaluation to determine if they have a substance abuse problem
• Second Offense: 10 days to 6 months of jail time, $750-$1000 in fines, and a 90 day license suspension

Aside from the legal penalties, if you are charged with underage drunk driving you could also face suspension or expulsion from your high school or college. Additionally, your insurance rates will increase significantly with a DUI arrest on your record.

Fighting Under 21 DUI Charges

Being arrested for DUI does not mean that you will automatically be convicted; you have the right to fight your charges. Depending on the specifics of your case, there may be a number of different defenses you can use to challenge the charges and evidence. Possible defenses for under 21 DUI charges include:

• The traffic stop was done without legal justification
• The breath test equipment that the officer used was faulty
• Outside factors negatively impacted your ability to perform the field sobriety test
• You were not drinking alcohol and something else caused the BAC reading

Make sure you hire an attorney who has the experience and skill needed to effectively fight your charges. At De Castroverde Law Group we provide aggressive defense for clients charged with all types of DUI offenses in Las Vegas. Contact our team today to learn how we can protect your rights and fight for you!

DUI Causing Injury or Death

If a person drives under the influence in Nevada, according to state law they will likely be charged with a misdemeanor if it is a first offense and there were no aggravating factors involved. However, if the DUI resulted in an accident that caused another person to be severely injured or killed, the driver will face serious felony charges.

A driver can be charged under NRS 484C.430 if, while under the influence of alcohol or drugs and in actual physical control of a vehicle, their action or failure to act proximately caused the death of or serious bodily harm to another person.

DUI causing death or bodily harm is charged as a category B felony. If convicted of this offense, the possible penalties include:

• Incarceration in state prison for 2-20 years
• Fines between $2,000 and $5,000

If the defendant has previous DUI convictions, they may receive a more severe sentence.  

Fight Felony DUI Charges

The defendant can only be convicted of this felony offense if the prosecution can prove their guilt beyond a reasonable doubt. With the defense of an experienced and skilled legal team, however, the defendant can challenge the prosecution’s evidence and fight to have their charges reduced or even dropped.

Possible defenses to DUI causing injury or death include:

• The injury or death was not a result of intoxicated driving but an outside factor
• Police misconduct occurred during the arrest
• The equipment used to test the driver’s level of intoxication was faulty
• The driver was not under the influence of drugs or alcohol

If you or a loved one is charged with DUI causing injury or death or another felony offense in the Las Vegas area, call De Castroverde Law Group to speak with our proven defense team. At our family-run firm, we are committed to aggressively defending clients’ rights and interests while providing the outstanding representation they deserve. Contact our team today to learn how we can fight your felony DUI charges. 

Understanding Reckless Endangerment Charges

Under NRS 202.595, reckless endangerment is a broad offense that consists of any act that has the potential to cause harm to another person. A person can be charged with reckless endangerment for something as serious as domestic violence or as common and seemingly minor as jaywalking across a street.

No serious harm or injury needs to occur, but the person must show a disregard for possible consequences in order to be charged with reckless endangerment.

Potential penalties for reckless endangerment include:

• Up to $2,000 in fines and 364 days in jail for incidents that do not result in bodily harm or death; or
• Up to $10,000 in fines and 1 to 5 years in prison for incidents that resulted in death or bodily harm.

What to Do if You're Charged with Reckless Endangerment

The first step you should take after being charged with reckless endangerment is to hire an experienced criminal defense lawyer. The prosecutor must prove to the court that the action was done in wanton disregard of any potential consequences. Because reckless endangerment usually depends upon the subjective opinions of law enforcement officers and what they believe to be a purposeful action, these charges can often be challenged.

Your attorney can show the court that the arresting officer’s subjective interpretation was flawed. Additionally, your attorney may be able to negotiate a lesser charge for your reckless endangerment case. If no one was harmed by your alleged offense, you may be able to plea down your charges to breaching the peace, which carries much lighter penalties.

Possible Defenses

Some common defenses for reckless endangerment include:

• Mistaken identity from the officer and witnesses
• No posed threat actually occurred
• Witness testimony is flawed
• Behavior was accidental and the individual did not recognize harm
• Negligent behavior

Reckless endangerment charges are based upon whether the defendant intentionally disregarded the safety of others. If your lawyer can prove that you acted without understanding the potentially dangerous consequences, then no real disregard of the consequences occurred. The court would be unable to find you guilty of reckless endangerment if you were unaware of the potential danger of your behavior. 

If you have been charged with reckless endangerment in Clark County, act now to begin building your defense. Our experienced Las Vegas criminal lawyers at De Castroverde Law Group can help you fight these serious charges. Contact our proven family-run law firm today!

What is Grand Larceny?

In the state of Nevada, charges for larceny vary based upon the value of the property taken. 

Under NRS 205.220, the crime of grand larceny is defined as purposefully stealing, taking, carrying, leading, or driving away the property of another person valued at $650 or more, with the intention of defrauding, stealing, appropriating, or preventing identification of the property.

Examples of grand larceny include:

• Taking a car without permission
• Removing furniture from a hotel room
• Withdrawing money from someone else’s bank account
• Taking another person’s livestock  or pets
• Taking items from a store without paying

Because the offense of larceny is categorized by the value of the property stolen, crimes such as shoplifting can be charged as either grand larceny or petit larceny. For example, if a person steals a bracelet worth $900 from a jewelry store, they will be charged with grand larceny. However, if a person steals a $50 sweater from a department store, their shoplifting offense will be charged as petit larceny.

Penalties for Grand Larceny

Grand larceny is a felony offense, but the specific charges and penalties differ based upon the value of the property stolen.  

Property Valued Between $650 - $3,500
This offense is a category C felony and carries a possible sentence of:

• Restitution for stolen items;
• 1-5 years in prison; and
• Fines up to $10,000.

Property Valued Higher Than $3,500

This offense is a category B felony and carries a possible sentence of:

• Restitution for stolen items;
• 1-10 years in prison; and
• Fine up to $10,000.

If you are facing these serious felony charges, get an experienced criminal defense attorney on your side right away. The seasoned Las Vegas lawyers at De Castroverde Law Group have defended clients against all types of misdemeanor and felony theft charges, and we can fight for you. Don’t wait to schedule a consultation with our knowledgeable team to learn about your options!

The Crime of Reckless Driving

Under NRS 484B.653, reckless driving is categorized as a criminal offense in Nevada that carries harsh penalties. Reckless driving occurs when a person does any of the following:

• Operates their vehicle in a manner that displays wanton or willful disregard for the safety of the public or property;
• Drives at high speeds in an unauthorized street race on a public highway or street; or
• Organizes an unauthorized street race on a public highway or street.

In many cases, reckless driving is a subjective offense that can be charged for a variety of actions, such as:

• Driving well over the speed limit
• Cutting off another vehicle and causing a collision
• Ignoring an officer’s order to stop the vehicle
• Running traffic lights or signs
• Striking shoulders and medians while driving

Penalties for Reckless Driving

Although it’s common for drivers to get frustrated while on the road, many people do not realize that driving recklessly can result in criminal charges and penalties. If you are convicted of reckless driving in Nevada, you will receive 8 demerit points on your driver’s license, and additional sentencing will be depend upon whether your offense was charged as a misdemeanor or felony.

Misdemeanor Reckless Driving
If your offense did not lead to death or injury, you will be charged with a misdemeanor. Your penalties could include up to 6 months in county jail, possible community service, and/or fines. The fines for reckless driving are determined by whether you have previously been convicted of the offense:

• First offense – fines of $250 to $1,000
• Second offense – fines of $1,000 to $1,500
• Third offense – fines of $1,500 to $2,000

Felony Reckless Driving

If your offense was the proximate cause of substantial injury or death to a victim, you will be charged with a Category B felony. Conviction for a Category B felony is punishable by:

• Incarceration in state prison for a minimum of 1 year to a maximum of 6 years; and
• Fines between $2,000 and $5,000. 

A reckless driving charge could have serious impact upon your driver’s license, your finances, and even your freedom, so don’t risk facing this challenge alone. Get an experienced criminal defense lawyer on your team as soon as possible to ensure that your rights are protected. Talk to our attorneys at De Castroverde Law Group to learn how we can help you fight a reckless driving charge in Las Vegas.

Is Hazing a Crime?

As high school and college students head back to campus, many will seek to join clubs, sports teams, fraternities, and sororities. Unfortunately, the start of a new year inevitably brings reports of hazing at schools across the country. 

While some people think of hazing as a harmless prank or long-held tradition, it is actually a criminal offense in the state of Nevada.

The Legal Definition of Hazing

NRS 200.605 defines hazing as any activity in which someone recklessly or intentionally endangers another person’s physical health as part of initiation into a student organization, athletic team, or academic association at a high school, college, or university within the state of Nevada.

The law states that hazing can include all forms of brutal treatment or physical brutality, including:

• Beating
• Branding
• Whipping
• Forced exercise
• Exposure to the elements
• Forced consumption of liquor, drugs, food, or other substances

Many people argue that the alleged victims consent to this treatment; they are not forced to do it. According to Nevada law, however, a victim is considered to have been forced when being affiliated or initiated into the organization, team, or association is conditional upon whether they participate in the activity.

Hazing Penalties

The charges and possible penalties for hazing in Nevada are contingent on whether the victim sustained substantial injury as a result of the hazing.

Hazing Without Substantial Injury
If the victim was not seriously harmed, the hazing offense will be charged as a misdemeanor, punishable by:

• Fines up to $1,000; and/or
• Incarceration in county jail for a maximum of 6 months.

Hazing With Substantial Injury
If the victim sustained serious injury in the hazing, the offense will be charged as a gross misdemeanor, punishable by:

• Fines up to $2,000; and/or
• Incarceration in county jail for a maximum of 1 year.

Hazing Causing Death
If hazing causes the death of a victim, the perpetrator can be charged with involuntary manslaughter or second degree murder, which are both felony offenses in Nevada. Additionally, the victim’s family could file a wrongful death claim in civil court.

Hazing is a serious criminal offense that requires the representation of an experienced defense firm. If you or your loved one is accused of hazing, don’t wait to speak with a knowledgeable attorney. Get in touch with the team at De Castroverde Law Group in Las Vegas to learn about your defense options.

Driver’s License Suspension in Nevada

The Nevada DMV has the ability to suspend or revoke an individual’s license if they commit certain driving offenses or are convicted of certain crimes. The amount of time that the driver’s license is suspended will depend upon the specific offense and their driving record.

Losing your driver’s license for any amount of time will seriously impact your ability to get to work, take care of your family, and your insurance rates. In light of these consequences, it’s important to discuss your options with a lawyer right away so that you can fight a possible license suspension.

When is a driver’s license suspended?

The Nevada DMV will suspend or revoke your driving privileges if you commit certain offenses. Common types of suspensions include:

• Point Suspension – you accumulate 12 or more demerit points on your driving record within a 12-month period.
• DUI – you are convicted of driving under the influence of alcohol or drugs; or breath, blood or urine tests show that you were driving under the influence.
• Street Racing – you were involved in an illegal speed contest on a public highway or road.
• Collision with a Pedestrian or Bicyclist – you caused an accident involving a pedestrian or bicyclist.
• Failure to Appear – you don’t pay the fine for a traffic ticket on time or do not appear in court when required.
• Failure to Maintain Auto Insurance – you are convicted of failing to maintain insurance, you have repeatedly failed to have vehicle liability coverage, or you failed to maintain SR-22 insurance after having your license previously suspended or revoked.
• Failure to Properly Secure a Child – you are cited and convicted three or more times of failing to correctly restrain a child in your vehicle.
• Child Support – you are in arrears for payments for court-ordered child support.
• Graffiti – you are convicted of committing a graffiti offense.
• Drugs and Alcohol – you are a minor and are found guilty of possessing, using, distributing, or selling drugs; or you are found guilty of possessing, drinking, or buying alcohol.

If the Nevada DMV suspends your license, you will be notified of the length of time of your suspension by law enforcement or by certified mail. You will also be notified of whether or not you are entitled to an administrative hearing. To learn more about driver’s license suspensions and revocations, visit the DMV’swebsite.

If you are at risk of having your license suspended in the Las Vegas area, don’t wait to enlist the help of our experienced defense attorneys at De Castroverde Law Group. Contact our team today to discuss your charges and to learn about your possible defense options. 

What is Prescription Fraud?

As prescription medication addiction grows more prevalent each year, law enforcement agencies throughout the country are cracking down on all types of prescription drug abuse and fraud. 

Prescription fraud occurs when a person uses unlawful means to take, obtain, or attempt to take or obtain a controlled substance or a prescription for a controlled substance. (NRS 453.391) While most people begin taking prescription medications at the direction of a doctor for a specific medical purpose, many of these drugs are highly addictive.

Some of the most commonly abused prescription drugs include:

• Xanax
• Valium
• Ambien
• Oxycodone
• Codeine
• Demerol
• Ritalin
• Adderall

When their doctors stop writing prescriptions, the patients that have become addicted to these drugs must turn to illegal methods to obtain more medication.

Common Types of Prescription Fraud

One of the most common methods of illegally obtaining prescriptions is doctor shopping. Doctor shopping involves visiting numerous doctors at various offices and clinics to get more prescriptions. The patient visits the offices seeking treatment for a condition, but fails to tell each doctor that they have already received prescriptions from other physicians.

In addition to doctor shopping, prescription fraud includes:

• Stealing a physician’s pad and forging prescriptions
• Altering a legitimate prescription to increase the quantity
• Obtaining drugs by using a family member’s or friend’s prescription
• Illegally buying prescription drugs online
• Using computer programs to create fake prescriptions

Prescription fraud is a category C felony in the state of Nevada, so don’t wait to get strong defense if you have been charged! Check out the Prescription Fraud page on our website for more information or contact our attorneys at De Castroverde Law Group to discuss your case.

Boating Under the Influence: Get the Facts

With the arrival of summer and the temperatures rising in Nevada, thousands of locals and tourists will be heading to Lake Mead, Lake Tahoe, and many other great boating spots throughout the state. 

While enjoying your time on the water, be sure to remember that operating a boat while under the influence is a crime, just like drunk driving. According to NRS 488.410, it is a criminal offense in the state of Nevada to operate or be in physical control of a boat with a BAC of .08% or higher. Boating under the influence (BUI) is similar in many ways to driving under the influence, and even carries similar penalties.

First BUI
A first offense of boating under the influence is charged as a misdemeanor, punishable by:

• Incarceration in county jail for a maximum of 6 months, and/or
• Fines up to $1,000

BUI Causing Injury or Death
If your BUI incident caused another person to suffer serious bodily harm or be killed, you will be charged with a category B felony, punishable by:

• Incarceration in state prison for 2 to 20 years
• Fines between $2,000 and $5,000

Fighting BUI Charges

If you are charged with BUI, it’s important to know that you do have defense options. Your options will depend upon your specific circumstances, but examples of possible defenses include:

You weren’t driving the boat.
If the officer saw your boat from far across the water, it’s very possible that they were unable to see exactly who was behind the wheel. The officer could have mistaken you for the driver, when it was actually another passenger. The long distance, glare on the water, and fact that the boat was moving could all make it difficult to accurately identify the driver.

The officer misinterpreted the field sobriety test results.
Field sobriety tests can be difficult to perform on solid ground, and passing these tests on an unsteady boat is nearly impossible. Spending hours on the water in the heat can also impact your balance and coordination, especially if you are dehydrated. The officer could have incorrectly interpreted the effects of a long day on the water – such as blood shot eyes, shaking arms and legs, and slight disorientation – as signs of intoxication.

The Breathalyzer did not get an accurate reading.
In order to achieve an accurate BAC reading, breath machines must be routinely maintained and properly calibrated. If the Breathalyzer used on you was defective or incorrectly calibrated, your test results could be inaccurate. Likewise, if the officer incorrectly administered the breath test, the machine may not have gotten a true measurement of your BAC.

Because BUI carries serious penalties in Nevada, it’s important to make sure you have a top defense attorney on your side. Contact our experienced team at De Castroverde Law Group to learn how we can assist you with protecting your rights and fighting the charges.

What is Aggressive Driving?

Aggressive driving is a serious offense in Nevada that is punishable under NRS 484B.650. The law states that a person commits the crime of aggressive driving if, while continuously driving within the course of 1 mile, they:

• Speed in a school zone, school crossing zone, work zone, or if the driver’s speeding is the proximate cause of a pedestrian or bicycle accident.
• Do two or more of the following acts, or do any of the following acts more than once:
• Fail to obey an official traffic control device;
• Follow too closely behind another vehicle;
• Overtake and pass another vehicle by driving on the unpaved portion to the right of the highway;
• Drive unsafely or improperly on a highway with marked traffic lanes; and/or
• Fail to yield the right of way.
• Create an immediate hazard to another vehicle or another person, including both their own passengers and motorists in other vehicles.

Penalties for Aggressive Driving

Aggressive driving is charged as a misdemeanor offense in Nevada, and the penalties will depend upon whether the defendant has been charged with the offense previously.

First Offense

• A fine of $250 to $1,000; or
• A fine and incarceration in county jail for up to 6 months.

Second Offense

• A fine of $1,000 to $1,500; or
• A fine and incarceration in county jail for up to 6 months.

Third Offense and Subsequent Offenses

• A fine of $1,500 to $2,000; or
• A fine and incarceration in county jail for up to 6 months.

Additional Penalties

• For the first offense in 2 years, the defendant must pay for and attend a DMV-approved traffic safety course. The court may also suspend the defendant’s driver’s license for up to 30 days.
• For a second or subsequent offense of aggressive driving within 2 years, the court will revoke the defendant’s driver’s license for 1 year.
• If the defendant was driving on a suspended or revoked license at the time of the offense, the court will order an additional period of license suspension or revocation.
• The defendant will receive demerit points on their driving record according to the DMV’s Point System. If the driver successfully completes their traffic safety course, however, the DMV can cancel 3 of the demerit points from their record.

If you are charged with aggressive driving in the Las Vegas area, don’t wait to discuss your defense options with an experienced lawyer. Visit our Traffic Tickets page to learn how De Castroverde Law Group provides smart defense to clients facing serious traffic charges.

Protective Order Violations – What You Need to Know

If you have been served a protective order in Nevada, it is very important that you follow all terms set by the order. Failure to comply with the court order can result in serious criminal penalties, which will depend upon the reason for the protective order being issued in the first place.

Protective Orders for Domestic Violence or Workplace Harassment
Intentionally violating these types of protective orders will result in a misdemeanor charge, which is punishable by:

• Incarceration in county jail for up to 6 months; and/or
• Fines up to $1,000

Protective Orders for Stalking or Harassment, Sexual Assault, or Child Abuse

The penalties for intentionally violating these types of orders will vary based upon whether the defendant was served a temporary protective order (lasts up to 30 days) or an extended protective order (lasts up to 1 year).

Violating a temporary protective order against stalking or harassment, sexual assault, or child abuse is a gross misdemeanor, punishable by:

• Incarceration in county jail for up to 1 year; and/or
• Fines up to $2,000

Violating an extended protective order against stalking or harassment, sexual assault, or child abuse is a Category C felony in Nevada, punishable by:

• Incarceration in state prison for 1 to 5 years; and
• Fines up to $10,000

Possible Defenses

Depending on the specific circumstances of the case, there may be a number of different defenses that can be used to fight allegations that the defendant violated a protective order.

• Order was not served properly. Nevada law has clear-cut rules dictating how a protective order must be served to an individual. If the restraining order was improperly served to the defendant, their attorney could argue that the defendant is not liable under the law.
• Defendant did not intend to violate the order. If the defendant unknowingly violated the terms of their protective order – because of a misunderstanding or by accident, for example – the court may dismiss the charges.
• Defendant was falsely accused. In some cases the person protected by the order lies and claims that the defendant violated the order in some way, hoping to get the defendant into trouble with the court.
• Prosecution lacks sufficient evidence of guilt. If the prosecutor cannot prove beyond a reasonable doubt that the defendant intentionally violated a protective order, then the defendant should be cleared of the charges.

If you are accused of violating any type of protective order in the Las Vegas area, get in touch with our skilled defense lawyers at De Castroverde Law Group as soon as possible.

Understanding Gang Enhancement Laws

If you are convicted of a felony offense in Nevada, you will face additional penalties if the prosecution can prove that you committed the crime as part of a criminal gang. 

Under NRS 193.168, a “gang enhancement” can be imposed if the defendant knowingly commits a felony in affiliation with, at the direction of, or for the benefit of a criminal gang, specifically intending to further, assist, or promote the gang’s activities.

Proving Gang Involvement

The law defines a criminal gang as any formally or informally organized group of people that is constructed so that the organization will continue to operate if members leave the organization or new members join the organization. Furthermore, this organization must:

• Use a common name or identifying symbol;
• Exhibit particular conduct, status, and customs specific to it; and
• Engage in felonious criminal activity as one of its common activities.

At the hearing to determine if the defendant should face a gang enhancement, the prosecution must present evidence that the defendant exhibited particular customs and conduct indicative of involvement in a criminal gang. Such evidence can include:

• The defendant follows social customs and behaves like a gang member
• The defendant uses terminology specific to criminal gangs
• The defendant shows animosity toward certain people due to specific rivalries between gangs
• The defendant follows codes of conduct, both routine and criminal, of a particular gang
• The defendant knows common practices and the operations of a certain gang and its members
• The defendant committed crimes that are specific to a particular gang or gangs in general

Additional Sentencing for Gang Enhancement

If a gang enhancement is imposed, the defendant will be sentenced to a term of imprisonment in addition to the penalties sentenced for the original crime. Gang enhancement sentencing carries a minimum term of 1 year in state prison and a maximum term of 20 years in state prison. When determining the length of the sentence, the judge will consider such factors as:

• The defendant’s criminal history
• The specific facts and circumstances of the case
• The crime’s impact upon the victim(s)
• Any mitigating factors
• Any other information that is relevant to the case

If you are facing a gang enhancement for crimes committed in the Las Vegas area, it is very important to retain a criminal defense lawyer who can aggressively fight your charges. Our attorneys are dedicated to protecting our clients’ rights and obtaining the best possible results no matter the charges and penalties they face. To learn more about the benefits of hiring De Castroverde Law Group for your case, visit our website today!

Search & Seizure – What are My Rights?

The term “search & seizure” typically refers to incidents in which law enforcement officers enter a person’s home or property to conduct a search for something illegal, and then take something from the property as evidence.

It’s important to understand that the Fourth Amendment protects citizens from being subject to unreasonable searches and seizures by the government. If a person’s Fourth Amendment rights are violated by law enforcement, any evidence obtained against them during the illegal search and seizure could be ruled inadmissible by the court.

Is a search warrant always required?

In most cases, law enforcement must have a warrant before they can search a person’s private property. A search warrant is a court order that a judge signs only if the police can show that there is probable cause that the person being searched has been involved in a crime. The search warrant must detail the specific location to be searched and items to be seized; a search warrant does not give law enforcement free reign to search wherever they want.

Exceptions to the Search Warrant Requirement

There are exceptions to the search warrant requirement in Nevada, including:

• Consent – If police ask you if they can search your property and you agree, they can search your property without a warrant.
• Lawful Arrest – If you are legally arrested, the police have the lawful right to search your person and the area within your immediate control for any contraband, weapons, or other relevant evidence.
• Vehicle Exception – Police can typically search your vehicle without a warrant if they have reasonable cause to believe that it holds evidence of a crime.
• Plain View – If police have the authority to search a certain location, they can seize any property of yours that is sitting in plain view in that location if they have probable cause to believe that it is evidence of a crime.
• Trash Search – Police can legally search any trash you leave outside of your residence and seize anything that could be used as evidence.
• Inspection – Police do not need to have a warrant to search your person or property at a designated inspection, such as a DUI checkpoint, border search, health inspection, or airport security search.
• Exigent Circumstance – Police do not need to have a search warrant to enter a structure in situations where a person faces imminent danger, a suspect will escape, or evidence faces imminent destruction.

If you feel that the prosecution’s evidence against you was obtained through an illegal search and seizure, contact our criminal defense team at De Castroverde Law Group today. Our skilled attorneys can assess whether your rights were violated and build a comprehensive defense to fight your charges! 

Ignition Interlock Devices: An Overview

If you are convicted of drunk driving in the state of Nevada you will face a number of consequences. Sentencing can include fines, community service, incarceration, and, in some cases, the installation of an Ignition Interlock Device (IID) in your vehicle.

Installation of an IID is required when a driver is convicted of DUI with a BAC of .18% of greater. If your BAC was .18% or greater, the judge will likely sentence you to install an IID for 1 to 3 years. If your BAC was less than .18%, the court can order you to install an IID for 3 to 6 months, though it is not a mandatory part of sentencing.

What is an IID?

An IID is a device that hooks into a car’s ignition control system and checks for alcohol on the driver’s breath. The IID sends reports back to the service provider of whether or not the driver’s BAC was over the limit. In order to start the vehicle, the driver must breathe into the IID. The IID will prevent the car from starting if it detects a BAC of .02% or greater.

The vehicle will start if the IID does not detect alcohol on the driver’s breath; however, the driver must periodically have their breath retested while driving in order for the vehicle to continue running. This prevents drivers from having another person blow into the IID to start their cars. If the IID detects alcohol on the driver’s breath while the vehicle is in use, the device will shut the engine off.

What is required of the driver?

If the use of an IID is ordered as part of your sentence, you will be required to pay for the installation of the device in any vehicles you operate.  This means that the court could order you to have an IID installed not only in your vehicle, but also a vehicle owned by your partner, your roommate, your parent, or your child.

You will also be responsible for paying for the IID service and maintenance of the device. Your IID must be installed by a certified service provider, and the service provider must also inspect the device regularly to ensure that it is functioning correctly and that the device has not been tampered with in any way.

In addition to the many harsh consequences imposed for DUI, an IID will severely restrict your personal freedoms. With so much on the line, you should make sure that you have a powerful defender in your corner. If you are charged with drunk driving in the Las Vegas area, don’t wait to contact the proven defense attorneys at De Castroverde Law Group!