If you’ve been arrested and charged with a criminal act in Nevada, one of your first objectives is to get out of jail in order to be with loved ones, to go about normal life, such as your job, and to assist your attorney with your defense.  Bail may be required in order for the court to release you pending trial.  Bail is a monetary deposit given to the court to ensure your participation in the trial.  Bail hearings are the venue to establish the conditions of your release from custody.  Bail hearings may take place in conjunction with the arraignment, or it may be a stand alone hearing.  You should have an experienced and knowledgeable lawyer to represent you at the bail hearing.

What is the difference between an arraignment and a bail hearing?

In the arraignment, which takes place within days of an arrest, the formal charges against you are read and given to you in written form, and you are asked to make a plea.  Pleading not guilty will result in the court scheduling a Preliminary Hearing or a trial date.  The next question is whether you will be released from custody in the interim.  One of the major concerns of the court at this point is whether you will remain in their jurisdiction to appear in court at the required times, and especially whether you will appear for sentencing.

In a bail hearing, whether associated with the arraignment or not, both the prosecutor and your defense attorney will appear, and the prosecutor will recommend a bail amount.  Typically, the amount of bail required will increase based on the severity of the crime being charged.  Your guilt or innocence are not the concern in the bail hearing, and you are not required to speak, however, the court will attempt to conclude whether you are either a danger to the community, and whether you present a risk of flight.

As the court considers whether you are a danger to the community they will consider:

  • Whether you have a criminal record
  • Whether you are on probation or parole
  • Whether the charge is for a non-violent offense
  • Whether your reputation in the community shows responsible citizenship

To help determine whether you are a flight risk the court considers:

  • Whether you have strong ties to the community, how long you have lived there, do you have family there, whether you have a job and for how long
  • Whether you have missed past court appearances
  • Whether you have immigration issues

Bail Hearing Outcomes

The outcome of the hearing will determine whether bail will be offered at all based on the charges, or whether bail should be increased over the recommended amount, whether bail should be decreased over the recommendations, or whether you should be released on your “own recognizance” otherwise known as an OR release.  An OR release is only made with the defendants promise to appear at all future required appearances in the case, and bail will not be required.

The Defenders represents defendants at bail hearings

Bail is a long-standing practice of the courts going back to the founding of the United States.  By offering bail, the court is attempting strike a balance between your liberty and the justice system’s requirement for you to participate in your trial.  In order to have your rights protected and to guard against unreasonable bail requirements, you should have an aggressive, knowledgeable and experienced attorney represent you.  The Defenders, under lead attorney K. Ryan Helmick provide that kind of representation.  Call our office today to discuss your case at (702) 333-3333.

If you’ve had your driver’s license revoked or suspended by the Nevada DMV, due to a DUI or other reason, you can appeal the revocation to a DMV Administrative court, through the DMV Office of Administrative Hearings.  During a DUI arrest, the police probably required you to surrender your license and issued a paper temporary license good for 7 days.  The DMV can also revoke your driving privileges for other reasons, such as failure to carry adequate insurance coverage, or due to an accumulation of points on your record.  Even if you’ve been denied a personalized license plate or had such a plate recalled, you can request a hearing on the matter with this office.

Administrative Court is neither Criminal nor Civil

An administrative court is not classified under the statutes as either a Criminal nor a Civil court, but rather, provides for judicial review of administrative decisions by government agencies.  In the DMV’s case administrative decisions have to do with License Suspensions or Revocations of all types, and Personalized License Plate denials or recalls.

Administrative Courts are operated just like other courts: presided over by an Administrative Law Judge (ALJ), and where subpoenas may be issued for evidence or witnesses, and witnesses can be called to testify and be cross examined under oath.  You may represent yourself at an Administrative Court hearing, or have an attorney represent you.  The decisions of the court are final and immediately binding, but are open to appeal to State District Courts, and ultimately the State Supreme Court.

The standard for a decision for Administrative Courts is on the “preponderance of the evidence,” rather than a criminal court standard or “beyond a reasonable doubt.”  This can make it harder to win against the state in these types of trails.  On the other hand, if your hearing is related to a DUI, and the police fail to show up at the hearing due to conflicts or other reasons, you may win the right to keep your license until your criminal trial concludes, due to lack of evidence from the state.

The jurisdiction of these courts is limited only to reviewing decisions of the DMV, such as issuing and suspensions of licenses.  Decisions of this court are separate from and have no effect on criminal or civil proceedings, even if the cases are related.  In the case of a DUI, winning the Administrative Hearing will not have any effect your criminal charges, however, the cross examination of the police officer at the Administrative Hearing may be introduced as evidence in your criminal trial.  This is why it’s important that you have a lawyer represent you in such cases, since he will have the skills and knowledge to properly cross examine the arresting officer.

There is no cost to hold a DMV Administrative Hearing.

The Defenders will represent you at a DMV Administrative Hearing

If you’ve been arrested for a DUI, you should hire an attorney to represent you immediately.  In order to preserve your driving privileges an Administrative Hearing must be scheduled within 7 days.  Having an attorney represent you at the Administrative Hearing is an important step towards developing a defense for your criminal DUI charges, whether you win the Administrative Hearing or not.  As DUI convictions can have lifelong effects on your ability to earn a livelihood, if you have been arresting for a DUI call our office today to discuss your case at (702) 333-3333.

Resources:

http://www.dmvnv.com/pdfforms/qtdui.pdf

http://www.dmvnv.com/pdfforms/nvl005.pdf

http://www.dmvnv.com/pdfforms/sp75.pdf

Identity Theft is the act of using someone else’s identifying information to commit fraud by obtaining money or property. Common examples of identity theft include:

  • Making purchases with someone else’s credit card
  • Obtaining new credit cards by using someone else’s identifying information
  • Obtaining loans for vehicle purchases using someone else’s information
  • Obtaining government benefits using someone else’s identification information

Examples of private identifying information include:

  • Name, address, date of birth, maiden name, current employment information
  • Driver’s license numbers
  • Social Security numbers
  • Bank Account Numbers
  • Internet Account passwords

Penalties for Identity Theft Convictions

The penalties for identity theft are severe in Nevada. Most identity theft crimes are considered Category B felonies carrying sentences from one to 20 years in state prison, fines up to $100,000, and court ordered restitution. (NRS 205.463 ~ 465)

Sentences, if convicted in Nevada court, can also be increased if the victim of the crime is classified as a vulnerable person, which is someone over 60 years old. Additional sentences under Nevada law will be imposed if the act involves five or more victims, the victim loses more than $3,000, or the stolen identity is used to avoid prosecution for another crime.

Furthermore, it is also against federal law to engage in identity theft. The Identity and Assumption Deterrence Act of 1998 (US Code Title 18 section 1028), imposes sentences of 15 years and up to $250,000 upon conviction.

If you are suspected of, or have been charged with, the crime of identity theft, you should immediately seek the services of an attorney.

Nevada is now the leading state for Identity Theft

An August 2018 article in the Las Vegas Sun identified Nevada as the top state in the U.S. to be a victim of identity theft. The article related that identity theft affects 14.4 victims per 100,000 population, with the average victim losing $5,964. These statistics do not include visitors to Nevada who had their identity stolen while visiting.

ASecureLife was the author of the ratings, which factored the number of victims per population and the average loss per victim. The organization recommends that consumers limit purchases over public Wi-Fi networks and use two factor authentication (2FA) for banking, shopping and other personal accounts to guard against identity theft over the airwaves, and to be very careful when giving credit card and social security number over the phone.

The Defenders will Provide Legal Defense if You are Charged with Identity Theft

The penalties for committing identity theft are severe and will affect your ability to obtain employment and other rights, if convicted. While penalties are already quite harsh, they will likely become more stringent as the state tightens policies and statutes to combat its prevalence in Nevada. Our attorneys will investigate the particulars of your situation and will provide a strong defense to protect your rights. Call today to discuss your case at (702) 333-3333.

Learn More:

http://ag.nv.gov/Hot_Topics/Victims/IDTheft_Laws/

https://lasvegassun.com/news/2018/aug/02/report-nevada-is-top-state-for-identity-theft/

https://www.leg.state.nv.us/NRS/NRS-205.html#NRS205Sec463

https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-1028.html