Domestic Violence Conviction: You Just Lost Your Right to Own a Firearm

Domestic violence charges can be devastating and embarrassing both personally and professionally. Often an accused will do anything to make these criminal charges go away even if he or she is innocent. As a result, many individuals charged of domestic violence will plead guilty without realizing all the rights he or she is relinquishing.

In a recent United States Supreme Court decision, Voisine v. United States, the Court ruled individuals convicted of a misdemeanor domestic violence charge, cannot own or possess a firearm under U.S.C. §922(g)(9). It is immaterial whether the conduct that led to the domestic violence charge involved a firearm.

Domestic Violence and Firearm Debate in the United States

In a 6-2 decision, the Supreme Court decided in Voisine an individual convicted of misdemeanor domestic violence loses the right to own or possess a firearm regardless of whether the conduct was considered reckless or intentional under the applicable state law.

Whether an individual should lose gun rights for a misdemeanor domestic violence conviction has been long debated in the United States. In 2014 the United States Supreme Court ruled in U.S. v. Castleman 134 S. Ct. 1405, 1409 (2014) that an individual loses his or her gun rights following a conviction for domestic violence if the conduct was intentional. However, it remained unsettled whether an individual should lose gun rights for unintentional, yet reckless domestic violence offense.

The petitioners in Voisine were both convicted of domestic violence under Maine Criminal Code § 207. Maine Criminal Code § 207 defines assault as “… intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person”.

Because the statute is divisible, meaning an individual can be convicted of domestic violence for intentional or reckless conduct, the petitioners asserted the conduct leading to the domestic violence conviction was reckless and should not be considered a violation of U.S.C. §922(g)(9).

Under U.S.C. §922(g)(9) “it is unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence to… possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce”.

Supreme Court Rules Individuals Convicted of Domestic Violence Lose Gun Rights

In the majority opinion, Justice Kagan asserted an individual should lose his or her gun rights for both intentional and reckless domestic violence offenses. In the opinion, Justice Kagan distinguishes the difference between reckless and accidental conduct. She states an individual who accidentally drops a plate near his or her family member and causes injury is different from the individual who hurls the plate at his or her family member.

Specifically, she stated “That hurt counts as a “use” of force even if the husband did not know for certain (or have as an object), but only recognized a substantial risk, that a shard from the plate would ricochet and injure his wife.”

Because of the active employment of force during reckless conduct and conscious disregard of the substantial risk of causing harm, an individual is precluded from gun ownership under U.S.C. §922(g)(9).

Domestic Violence Law in Nevada

Under Nevada law, there is a wide array of conduct which constitutes domestic violence. An individual may be convicted of domestic violence under NRS 33.018 for engaging in the following criminal acts against a relative or person with whom he or she is in a dating relationship:

  • Battery
  • Assault
  • Sexual Assault
  • Stalking
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
  • False Imprisonment
  • Unlawful entry to the other person’s residence

The following persons are considered a family member:

  • Spouse or former spouse
  • Blood Relatives (children, parents, siblings, cousins, aunts, uncles, grandparents, etc.)
  • Relatives by marriage (step-parents, step-siblings, step-children etc.)
  • Other person with whom the person is residing
  • Other person with whom the person is having a dating relationship
  • Other person with whom the person has a child in common

The term “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.


A conviction for domestic violence under Nevada law can result in the loss of the right to own or possess a firearm. It is important to consult an experienced Las Vegas criminal defense attorney to increase your chances of retaining your constitutional rights.

Joel Mann is an experienced Clark County criminal defense attorney with over 18 years of experience defending individuals facing the toughest criminal charges, including domestic violence, battery causing substantial bodily harm, battery domestic violence, and battery domestic violence with strangulation.

Contact Joel Mann of the Law Office of Joel M. Mann, Chtd. at (702) 474-6266 to schedule an initial consultation. The Law Office of Joel M. Mann, Chtd strongly defends individuals throughout Clark County, including Las Vegas, Henderson, Boulder City, Mesquite, and surrounding areas.

Additional Resources

Domestic Violence & Firearms – Visit the Smart Gun Laws website to read about the dangers of guns in the hands of domestic abusers, along with summaries of state and federal laws concerning firearm possession.

Domestic Abusers Owning Guns – Read more about why domestic abusers frequently get to keep their guns

Safe Nest – Read more about how Safe Nest is Nevada’s largest and most comprehensive charity devoted solely to domestic violence issues.


When the Police are Called for Domestic Violence: Someone is Going to Jail

domestic violenceWhether the person calling 911 wants their significant other to go to jail or not, the police already know, before they even arrive, that they are arresting someone.  For the police, it is just a matter of who it will be.  If you were arrested for

If you were arrested for domestic violence, battery causing substantial bodily harm, battery domestic violence, or battery domestic violence with strangulation in the state of Nevada, it is important to seek out the services of a qualified criminal defense attorney, as it is important to fetter out all of the nuances involved in an arrest of battery constituting domestic violence.

With very little to no investigation on what actually happens, the police just want to remove the “primary physical aggressor” and leave.

Why an arrest occurs in a domestic violence situation?

When a police officer in Nevada responds to a domestic violence call, the law requires the officer to arrest someone, even if the physical contact is minuscule. In particular, NRS 171.137(1) states that a police officer must “arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her domestic partner.”

Subsection 2 of NRS 171.137 deals with mutual battery in domestic violence. Mutual battery occurs when two domestic partners use physical force on each other. NRS 171.137(2) states that in the case of mutual battery, the police officer must determine whom the primary physical aggressor because the primary aggressor must go to jail. According to the statute, the officer is not required to arrest the person who is not the primary aggressor.

Does it matter who hits first?

The primary physical aggressor is not always the person who hits first, but the person who causes the greater injury. Beyond relative physical injury, in determining who the primary physical aggressor is, officers will consider prior domestic violence arrests and any other factor they might think is relevant.

The statute NRS 171.137(1) says a police officer can decide not to arrest anyone if mitigating circumstances exist, which means the law does not require the officer to make an arrest if he or she does not think it is necessary. In theory, this sounds like a major exception, especially since the statute is titled “Arrest required for suspected battery constituting domestic violence.”

However, Las Vegas Police officers rarely, if ever, seem to think mitigating circumstances exist—even when the alleged battery is minor, the alleged batterer has no criminal record, and the alleged victim does not want the arrest to happen.

Can Domestic Violence Charges be dropped After Being Filed?

Once the police are called in a domestic violence case, and the district attorney or another prosecuting agency decides to file charges, there is generally nothing the alleged victim can say or do to make the police or prosecutor believe that the charges are exaggerated.

With very few exceptions, when an alleged victim admits to giving a false statement to the police, the police and district attorney will almost always believe that the alleged victim is lying to protect the defendant.

If you have been charged with domestic violence, you should not count on having your charges dismissed just because the alleged victim does not want to press charges.

A prosecutor, and sometimes even a Judge, believes allegations of domestic violence are nothing more than a “gateway” to a domestic violence murder.  The Nevada Legislature even took most of the discretion out of the hands of the executive branch, the prosecutor, and ordered them to vigorously pursue any domestic violence charge.

It is believed, by the government, that without the help of the government’s prosecutors the defendant will continue to batter the alleged victim.  Because of this all-encompassing belief that all domestic violence cases will eventually result in horrific results, the law often brings in couples that have absolutely no history, no injuries, and no desire to have the government regulate their relationship.  With this wide-reaching law, a defendant must take any accusation of domestic violence very seriously.  It is important to seek out the services of a qualified criminal defense attorney that can navigate the criminal justice system.


The criminal defense attorneys in Las Vegas, Nevada at Law Office of Joel M. Mann represent clients charged with domestic violence, battery causing substantial bodily harm, battery domestic violence, and battery domestic violence with strangulation. Contact our offices at (702) 474-6266 to schedule an initial consultation, either in the office or on the phone.

Additional Resources

Nevada Domestic Violence Resource Manual – Read more about domestic violence laws, law enforcement, and prosecution in Las Vegas, Nevada.

A Culture of Abuse – Read more about Nevada ranks among worst states for domestic violence

Safe Nest – Read more about how Safe Nest is Nevada’s largest and most comprehensive charity devoted solely to domestic violence issues.

Drug Arrests at EDC 2016

Electric Daisy CarnivalElectric Daisy Carnival (EDC), one of the largest electronic dance music festivals in the world, starts this Friday, June 17, 2016 in Las Vegas, Nevada. Since its inception in 1996, EDC has become world-renowned for its marquee acts, emerging artists, circus-style performers, and Las Vegas-style party atmosphere.

The three-day music festival has also become synonymous with recreational use of party drugs like cocaine, ecstasy (MDMA), LSD (Acid), and methamphetamines. While the organizers of Electric Daisy Carnival have publicized the festival has a zero-tolerance for illegal drugs, possession and use of controlled substances remains a common practice.

Drug-Related Deaths at EDC

According to an investigative report from the LA Times, 19 drug-related deaths have occurred during the EDC festivities from 1996 to 2015. Last year, a 24-year old UC Irvine graduate died of an MDMA overdose.

In 2014, another 24-year old EDC attendee also died from ecstasy intoxication or an MDMA overdose in the parking lot outside of the festival. That same year a 25-year old male died of ecstasy and cocaine intoxication in his hotel room.

In 2012, a 22-year old female under the influence of ecstasy, methamphetamines, and gamma –hydroxybutryic suffered paranoid delusions and fell from a 20-story hotel building to her death.

Drug Arrests at EDC

Due to the frequency of drug-related deaths at EDC, Las Vegas Metropolitan Police Department (LVMPD) is stationed outside and inside the festival. According to the Electric Daisy Carnival website, all attendees are subject to a TSA-style search or a search similar to search performed at the airport. The search will require all attendees to empty pockets and bags, have all items examined, a full pat-down, and possibly require removal of shoes.

In the past many festival goers have still attempt to smuggle illicit drugs into the festival. In 2014 LVMPD made 73 felony narcotics arrest during the three-day festival. Law enforcement also seized smaller amounts of controlled substances and issued citations.

Considering EDC celebrates its 20th anniversary this year, the festival is expected to be bigger than ever. Last year more than 400,000 people attended Electric Daisy Carnival (approximately 134,000 each day). Las Vegas law enforcement expects more people and more drugs and will be on high alert as a result.

Las Vegas Drug Charges

Commonly, an individual will be charged with the following drug offenses in Las Vegas, Nevada:

The specific charge an individual may sustain after being caught with drugs depends on several factors, including the type of drug, the amount or weight of the drug, and prior drug offenses.

Ecstasy (MDMA), LSD, GHB, Methamphetamine, Marijuana, and Cocaine are popular in the party and rave scene in Las Vegas. Although many people view these drugs as recreational and not as serious as other controlled substances, the criminal penalties are severe.

MDMA, LSD, and Meth are considered Schedule I drugs under Nevada law. Schedule I drugs are considered highly addictive and have no accepted medical use.  Cocaine is considered a Schedule II drug. Schedule II drugs have an accepted medical use, but a high tendency of abuse.

A first offense possession of a Schedule I or II drug is considered a category E felony. Category E felonies are punishable by one to four years in prison and/or a fine up to $5,000.

Marijuana is also considered a Schedule I drug; however, the criminal penalties differ. First-offense possession of marijuana (1 ounce or less) is considered a misdemeanor, which is punishable by a fine of no more than $600.


A conviction for a drug offense can have serious personal and professional consequences, including jail, fines, employment restrictions, and housing restrictions. It is important to consult an experienced drug defense attorney immediately following an arrest.

Joel Mann of The Law Office of Joel Mann, Chtd. is an experienced Las Vegas criminal defense attorney. Immediately following your arrest he will use his skills and experience to obtain the best possible bail arrangement and begin building a strong defense on your behalf.

The Law Office of Joel Mann, Chtd. diligently defends clients throughout Clark County, including Las Vegas,  Henderson, North Las Vegas, Boulder City, and surrounding areas. Contact Joel Mann at (702) 474-MANN (6266) for a confidential review of your case.


  1. Las Vegas Sun, 22 Arrested at EDC, 10 Taken to the Hospital
  2. Los Angeles Times, San Francisco Man, 24, dies at Electric Daisy Carnival in Las Vegas,
  3. Los Angeles Times, UC Irvine Grad Fatally Overdose d on Ecstasy at Electric Daisy Carnival in Las Vegas,
  4. Electric Daisy Carnival Website,


What Happens in Vegas Can Affect Your Career

iStock_000003792613SmallcropLas Vegas is known as the Entertainment Capital of the World and for good reason. Vegas offers a wide variety of tourist attractions, including casinos, performance venues, luxury hotels, and fine dining. According to the Las Vegas Convention and Visitors Authority 41,126,512 tourists visited the city in 2015. Many tourists regard Las Vegas as a place where they can figuratively let their hair down, because what happens in Vegas stays in Vegas, right?  That’s not necessarily the case.

While Las Vegas has several features to brag about, like The Strip, Venetian Hotel, Caesar’s Palace and The Colosseum, and the Stratosphere Tower, it also has a more sinister side.

Las Vegas Drug Statistics

According to the 2015 Nevada Crime and Corrections Statistics, 10.8 percent of the state’s populations are illicit drug users; ranking the state number 14 in the U.S. All drugs, including marijuana, methamphetamine, heroin, acid, and prescription drugs, are widely available.

During the last 10 years per capita sales of Oxycodone increased by 366 percent.1 Hydrocodone sales increased by 233 percent.1 In recent years club drugs, including MDMA (Ecstasy), GHB, LSE, and K2, have also spiked in popularity, especially among the nightclub and adult entertainment scenes.

The wide availability of illicit drugs and the “what happens in Vegas” mantra often results in serious criminal charges for tourists, including possession of marijuana, possession of drug paraphernalia, possession of a controlled substance (PCS), or driving under the influence of drugs (DUID).

Drug Possession and Possession of Drug Paraphernalia in Nevada

Possession of a controlled substance and possession of drug paraphernalia are two of the most common drug-related offenses in Nevada. An individual may be charged with possession of a controlled substance, if the individual has in his or her possession or custody a narcotic such as marijuana, methamphetamine, heroin, cocaine, or other controlled substance.

Depending on the circumstances, an individual may be charged with possession of a controlled substance without having said controlled substance in his or her custody or control. It is possible to be charged with possession of a controlled substance for simply being around a controlled substance.

As earlier stated, possession of drug paraphernalia is another common drug-related offense in Las Vegas. Drug paraphernalia is considered any product, material, or equipment which is used for the purpose of producing, concealing, or using narcotics.

Nevada Drug Possession Penalties

Any conviction for possession of a controlled substance has serious consequences, including steep fines and/or jail time. In the state of Nevada, the penalties for drug possession depend on the amount of drugs possessed, the schedule the drug falls under, and whether the individual has previously been convicted for a drug offense.

In Nevada, drugs are divided into 5 schedules.

  • Schedule I consists of drugs that are considered highly abused and have no accepted medical use. Schedule I consists of heroin, MDMA, LSD, GHB, Methamphetamine, PCP, and Marijuana (THC).
  • Schedule II consists of drugs that have an accepted use, but still have a high tendency of abuse. The following drugs generally require a prescription. Schedule 2 consists of Cocaine, Opium, Oxycontin, Vicodin, Dilaudid, Morphine, and Ritalin.
  • Schedule III consists of drugs that have less potential for abuse and may have an accepted medical use. These substances include Codeine, Ketamine, Testosterone, and Anabolic Steroids.
  • Schedule IV consists of drugs that have low potential for abuse or addiction and an accepted medical use. These drugs include Xanax, Tranquilizers, Valium, Clonazepam, and Sedatives.
  • Schedule V consists of drugs that have an accepted medical use and limited addictive properties. Schedule V includes cough suppressant and Codeine.

As mentioned earlier, Schedule I drugs like MDMA, LSD, and GHB are popular among Las Vegas’ nightclub scene and are widely available to tourists. A conviction for possession of these substances can be particularly problematic for a tourist, because first-offense possession of a schedule I narcotic is considered a category E felony in Nevada. A category E felony carries a penalty between one to four years in prison and a fine of no more than $5,000.

Las Vegas Drug Possession Conviction Can Affect Your Career

A felony drug possession conviction does not stay in Vegas. The collateral consequences can follow an individual for years and negatively impact all aspects of life, especially one’s career.

Most employers perform a criminal background check before extending an official offer of employment. While a criminal conviction may not automatically bar an individual from employment. Most employers will deny employment if there is a correlation between the drug possession conviction and the position.

Depending on the profession, a drug possession conviction may have more damning consequences.

  • Teachers– In certain states a felony drug conviction may bar an individual from obtaining a professional licensure or certification. For example, in Ohio an individual may not obtain a certification to teach if he or she is convicted of a felony drug-related offense.2
  • Lawyers– In certain states, including Kansas, Texas, Missouri, and Mississippi, an applicant is automatically barred from bar admission if convicted of a felony. Other states, including Georgia, Alabama, Connecticut, and Indiana, place significant barriers to bar membership if convicted of a felony.3
  • Police Officer– Most states do not allow convicted felons to become police officers. For example, Texas does not allow individuals convicted of a felony become a police officer at any time after the conviction.4


Joel Mann of the Law Office of Joel M. Mann, Chtd. is a criminal offense attorney based in Las Vegas, Nevada. He has extensive experience defending tourists and out-of-state residents in drug-related offenses, including possession of a controlled substance, possession of drug paraphernalia, drug trafficking, possession with the intent to sell or distribute, and prescription pill offenses.

Joel Mann is a trial proven attorney, who will achieve the best result in your case based on your unique circumstances. For many first-time drug possession offenders, Attorney Mann gets the charges reduced or dismissed.

The Law Office of Joel M. Mann, Chtd. diligently represents both tourists and local residents facing drug charges in Las Vegas and Clark County, Nevada. Contact Joel Mann at (702) 474-6266 for a confidential consultation.


  1. National Geographic, Facts: Last Vegas “Interesting Facts Related to This Episode, September 28, 2012-
  2. Ohio Administrative Code Rule 3301-20-01:
  3. Comprehensive Guide to Bar Admission Requirements:
  4. Requirements for Licensed Law Enforcement Careers:


When St. Patrick’s Day and March Madness Collide…Law Enforcement is on High Alert for DUI

Driver's License SuspensionMarch Madness, the NCAA college basketball tournament, starts this week. March Madness is the college equivalent to the NFL Super Bowl. Fans from all over the flock to the tournament, which is hosted in Houston, Texas, this year. Those fans, who are unable to attend the tournament in person, attend watch parties and other special events.

In Las Vegas several casinos and party venues, including Treasure Island, The Hard Rock Hotel, and the Cosmopolitan of Las Vegas will be hosting special March Madness events and offering luxury events with premium seating, open bar, and other festivities.

As a lone event, March Madness will bring out a large numbers of patrons looking to have a good time, but March Madness occurs the same week as St. Patrick’s Day.

St. Patrick’s Day is a holiday commemorating Christianity’s arrival in Ireland and widely celebrates Irish culture. Commonly, people celebrate the holiday by wearing green, yellow, and white and partaking in traditional Irish foods and beer.

Party venues throughout Las Vegas and surrounding areas will have drink specials to attract the March Madness and St. Patrick’s Day crowds. In light of the celebratory spirit, Las Vegas law enforcement will be on high alert for drunk and impaired drivers.

According to a press release from the Las Vegas Metropolitan Police Department there will be a “Sobriety Saturation” event on St. Patrick’s Day on Thursday, March 17, 2016 from 7:00pm to 3:00am. During Sobriety Saturation events law enforcement focuses considerable effort on identifying drug and alcohol impaired drivers before they are involved in a collision.

With the increased effort by Las Vegas law enforcement, it is important to be aware of the following:

Las Vegas Law Enforcement can Force a Blood Draw with a Warrant

Assembly Bill 67 went into effect late last year.  Assembly Bill 67 requires law enforcement apply for a warrant or other court order directing for the use of reasonable force to obtain a blood sample.

This means if a driver is stopped under the suspicion of drunk or impaired driving, the driver cannot simply refuse to submit to a blood test. The law enforcement officer now has the power to apply for a warrant or court order authorizing the use of reasonable force to obtain a blood sample.

If the driver refuses the blood draw, requires the officer to obtain a warrant, and is later found to have a blood alcohol concentration of 0.08 or above, the driver will not only be charged with DUI but also have his or her driver’s license revoked for  fifteen months.

Assembly Bill 67 makes it pointless to refuse a blood sample. Once a driver refuses, the officer can request a warrant or court order from a judge. With such high profile events in the Las Vegas area, judges will likely be on call around the clock to sign a warrant.

Drunk or Impaired Driving in Nevada is Dangerous 

According to the Center for Disease Control (CDC) 1,0125 people were killed in alcohol related automobile accidents. According to the CDC, the percentage of alcohol related fatalities is slightly lower than the national average, due to law enforcement’s aggressive efforts, including regular sobriety saturation events.

Predicting BAC is Impossible

For legal purposes, intoxication is determined by a driver’s BAC or Blood Alcohol Concentration. In Nevada, a driver age 21 or older can be charged with DUI if he or she has a BAC of 0.08 or higher.

A BAC of 0.08 indicates the driver has 0.8 parts alcohol in his or her blood per 1,000 parts of blood. An individual’s BAC is a result of several factors including the individual’s weight, fat content, metabolism, amount of alcohol consumed, frequency of alcohol consumed, food consumed, amount of time since the last alcohol beverage was consumed, and other factors.

It is impossible to precisely predict whether a beverage will make a person’s BAC reach or exceed 0.08.Many drivers will say they feel fine or do not feel intoxicated with a BAC of 0.08 or higher. It is important to air on the side of caution and not drive after consuming alcohol.

Nevada Imposes Severe Penalties for Drunk Driving

Even for a first-offense DUI, the state of Nevada imposes serious criminal penalties. A conviction for a first offense DUI is punishable by jail time between 48 hours to a maximum of 6 months, or, at least 96 hours of community service.

The court may also impose a fine between $340 and $1,175.00, a mandatory alcohol education course, license suspension,  and the installation of a breath interlock device. The breath interlock device tests BAC before the vehicle can start.

Penalties for second and subsequent DUI are more severe and result in longer jail time and steeper fines.

A conviction for DUI can seriously disrupt aspect of a driver’s professional and personal life. It is better to be safe than sorry this holiday. Designate a sober driving, hire a ride-sharing service like Uber or Lyft, and refrain from driving. The consequences for a DUI conviction are not worth it.


Joel Mann is an experienced DUI defense attorney located in Las Vegas, Nevada. He has nearly a decade of experienced defending individuals faced with all types of DUI charges, including First DUI, Repeat DUI, DUI and Marijuana, Out of State DUI, and Per Se DUI.

If you are arrested and face DUI charges during the March Madness and St. Patrick’s Day festivities, contact an experienced DUI defense attorney immediately. Joel Mann offers free consultations and will begin building your defense right away. Contact The Law Office of Joel Mann at (702) 474-6266 to schedule a free consultation.

Nevada Prescription Drug Abuse


Nevada Prescription Drug Abuse

Prescription drug dependency and abuse has become a nationwide health epidemic claiming approximately 50 lives each day and over 16,000 lives each year. Compared to national averages:

  • Nevada ties as one of the top states in writing painkiller prescriptions
  • Nevadans consume over two times as many prescription drugs as any other state; and
  • Clark County has more deaths by drug overdose from prescription narcotics than by any other street drug

The ease of obtaining a prescription and the lack of transparency in prescription drug history are both to blame for the prescription drug abuse epidemic.

New Law SB288

Senate Bill No. 288 was created in an attempt to combat the rise in prescription drug abuse by monitoring prescription history. The Bill proposed that all authorized personnel who handle commercially manufactured prescription narcotics be granted access to a prescription drug database, and required to maintain access to this database by logging in at least twice a year.

It also granted the State Board of Pharmacy and the Investigation Division of the Department of Public Safety the authority to discipline those who failed to comply. These new requirements for those authorized to write and fill prescriptions would help support the National Drug Control Strategy. After months of revisions, Senate Bill 288 was passed and went into effect as NRS 453.1545 on January 1, 2016

NRS 453.1545  outlined the state’s computerized prescription monitoring program (PMP) requirements:

  1. Board of Pharmacy Registrants who prescribe controlled substances are required to register with the PMP
  2. Board of Pharmacy Registrants registered with the PMP are required to monitor the system and view
  3. Provision’s to NRS 453.1545 are enforceable by the occupational licensing boards within that state

The new law tightens regulations on doctors, pharmacist, and other medical personnel to ensure that they are using the prescription monitoring database to track drug prescriptions as well as flag cases of potential drug abuse.

Prescription Pill Offenses

Contrary to popular belief, charges for possession of a controlled substance (which includes prescription pills) is very serious offense in Nevada. Types of arrest for prescription pill offenses include:

  • doctor shopping
  • possession of a medication without proof of a prescription
  • illegal possession of medication; and
  • prescription fraud

Individuals charged with prescription pill fraud can result in:

  • a category C felony for doctor shopping punishable by a 1-5 year prison sentence and fined up to $10,000
  • First and Second convictions for illegal possession of prescriptions is punishable by a category E felony punishable by 1-4 year prison sentence
  • Three or more conviction for illegal possession of prescription pills can result in a category D felony punishable by a 1-4 year prison sentence and/or a fine up to $20,000

Additionally, doctors and medical personnel who are charged with prescription pill offenses in Nevada can be charged with a category C felony punishable by a1-5 year prison sentence and fined up to $10,000.


In the state of Nevada, drug crimes are not treated leniently, and penalties for the sale, use or possession of controlled substances can be harsh.

If you have been arrested and charged with prescription fraud, illegal possession of a prescription or doctor shopping in Clark County or the surrounding areas, contact the Law Office of Joel M. Mann to discuss your criminal charges.

Joel Mann is an experienced Las Vegas drug lawyer who will do everything in his power to help you achieve the most desirable outcome in your situation. Call (702) 474-6266 today for a free consultation about your alleged drug crime in Las Vegas.

Hit and Run Crashes on the Rise in Las Vegas

Dangerous city traffic situation

Hit and Run Crashes on the Rise in Las Vegas

Studies show that automobile accidents, specifically those involving fleeing the scene or hit and runs, have been on a steady increase on a national scale for the past few years now. To no surprise, hit and run incidents occurred most often in larger suburban cities. And more often than not, the fleeing suspect did so to evade stiff DUI/DWI charges.

In an effort to boost traffic safety and lower fatalities for motorist and pedestrians, the Nevada legislature was one of the first to propose bills that would make offenders think twice before fleeing the scene of an accident.

In March of 2015 the Nevada State Legislature introduced a bill that called for stiffer penalties on drivers who have left the scene of an automobile accident that resulted in serious bodily injury, property damage and/or death. The bill was passed and went into effect on October 1, 2015 as  NRS 484E.010.

NRS 484E.010 states that if you have been involved in an automobile accident that has resulted in bodily injury, property damage or death:

  • All parties should immediately stop his/her vehicle(s) at the scene of the crash, or as close as safely possible, and remain at the scene of the accident until all measures outlined in NRS 484.030 – Duty to Give Information and Render Aid – have been fulfilled
  • All stops must be made without further hindering traffic

Under this new law, a driver found fleeing the scene of an accident that has caused bodily injury, property damage and/or death will be penalized with a category B felony. Punishments mirror those placed on convicted DUI/DWI offenders and include:

  • a fine of no less than $2,000 and no more than $5,000; and a
  • mandatory sentence of two years served in state prison (maximum term set at 15 years)

Prior to the passing of this law, penalties in Nevada for fleeing the scene of an automobile accident resulting in property damage could be as miniscule as a misdemeanor carrying a maximum of six months in jail time.

Las Vegas “Hit and Run”  Cases Shock the Nation

Legislators have a valid purpose for proposing that “hit and run” laws have harsher penalties. Being only two months in to 2016, Las Vegas law enforcement has already responded to several fatal hit and run accidents.

On February 7th, 2016 North Las Vegas Police responded to a fatal hit and run. Witnesses of the event described the suspect as a middle aged man driving a white panel van who had struck an individual attempting to cross the street prior to fleeing the scene. The victim, two year old Evelyn Green, was rushed to North Vista hospital where she later died of her injuries. A suspect has not been identified.

The month prior to the death of Baby Evelyn, Lakeisha Holloway became one of the first individuals to be tried under NRS 484E.010 for a crime she committed in December 2015. Holloway was facing over 70 charges, including fleeing the scene of an accident, for repeatedly driving her 1996 Oldsmobile into the busy Las Vegas strip sidewalk at 30-40 miles per hour with her three year old child present in the vehicle. Holloway’s actions claimed the life of one pedestrian and severely injured nearly 40 others. Rather than stopping, Holloway fled approximately one mile from the scene before pulling over and calling 911. Toxicology reports later revealed that marijuana was found present in Holloway’s blood.

Since her arrest, Holloway has been held without bail at a Las Vegas jail. Holloway’s defense team recently announced that she planned to plead not guilty. She is scheduled to appear in court on February 18th, and if convicted Holloway could face over 1,000 years in prison.

With Las Vegas, Nevada – specifically the strip – being the most toured destination in the U.S. bringing in a record breaking 42 million visitors in 2015 alone, the news of these heinous crimes quickly spread and sparked nationwide outrage against hit and run cases.

Hit and Run Statistics

Statistics from the Nevada Department of Public Safety and Highway Patrol (NHP) released earlier this year shed insight on the rise of Hit and Run accidents within Las Vegas, Nevada. According to the Nevada Department of Public Safety and Transportation, overall traffic accidents resulting in deaths in 2015 increased by nearly 10 percent from the previous year for a total of 321 fatalities. To no surprise, this increase nearly doubled for Clark County at a soaring 18.9 percent (207 fatalities). Of the thousands of hit and run cases reported there were over 700 reported fatal hit and run instances in 2015 (including auto-pedestrian cases).

Though drunken driving fatalities in the Clark County area dropped by nearly 20 percent, studies found that drugs and alcohol are to blame for an overwhelming amount of automobile incidents involving a fleeing party.


If charged with a hit and run or fleeing the scene following an accident, it is imperative to contact an experienced criminal defense attorney. An individual charged with fleeing the scene may also face related charges, such as DUI or possession of a controlled substance.

Joel Mann is an experience, trial proven criminal defense attorney. He has extensive experience representing individuals facing charges of fleeing the scene and other criminal offenses. Call the Law Office of Joel M. Mann at (702) 474-6266 for a confidential attorney review of your case.


Recent Changes to Nevada’s DUI Laws


Under NRS 484C.160, Nevada’s implied consent law previously allowed a police officer to use “reasonable force” to obtain a warrantless sample of blood from the person who refused to consent.

After the most recent changes in the law, now an officer can only make the request that the driver submit to an evidentiary test if the officer had sufficient reason to believe that the person was driving or in actual physical control of a vehicle or vessel while under the influence of alcohol or a controlled substance.  Should a person not provide their consent to an evidentiary test, the law requires the officer to obtain a warrant signed by a Judge.  However, there are dramatic consequences to your license, that you need to be aware of, should you request a warrant first.

The officer can request different types of evidentiary tests depending on the circumstances. Those evidentiary tests include a blood or breath test to determine the alcoholic content of the blood or breath. A blood or urine test can also be used to test to determine the presence of:

  1. a controlled substance;
  2. chemical;
  3. poison;
  4. organic solvent; or
  5. another prohibited substance.

Knowing that the law allowed warrantless and forced blood draws, officers started pushing the envelop by taking blood by force under circumstances that shocked the public. Officers across the country started conducting “No Refusal Weekends” and conducting forced blood draws during DUI checkpoints.

Since judges were not involved in signing warrants, officers continued to find new ways to take blood. The evening news started showing videos of ordinary citizens being strapped down so that officers could oversee forced blood draws. Public outrage over some of the practices started to mount.

Missouri v. McNeely

Despite the public outrage over forced blood draws, the law enforcement community in Nevada and throughout the county was shocked when the United States Supreme Court decided Missouri v. McNeely, 569 U.S. ––––, ––––, 133 S.Ct. 1552, 1568, 185 L.Ed.2d 696 (2013) (plurality opinion). In McNeely, the Court found that warrantless  forced blood draws violated the Fourth Amendment prohibition on unreasonable searches and seizures.

A warrantless search is reasonable only where it falls within a recognized exception such as consent or exigent circumstances. The McNeely court then rejected the proposition that exigent circumstances resulted merely from the fact that alcohol or drugs would dissipate in the driver’s blood after a DUI arrest.

Prior to the McNeely decision, many judges used the landmark decision in Schmerber v. California, 384 U.S. 757 (1966) to support the proposition that the rapid dissipation of alcohol in the bloodstream, by itself, creates an emergency that justifies a warrantless blood draw.

Under McNeely, the court held that the court must review of the totality of the circumstances, not just the rapid dissipation of alcohol, in determining whether any exigency existed.

The McNeely Court recognized that there is no justification for applying the exigent circumstances exception when “officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search.” Id. at ––––, 133 S.Ct. at 1561.

Although the McNeely Court found that the decision should be made on a case-by-case basis considering the totality of the circumstances, the decision did not provide a list of factors to be considered. Because the totality of the circumstances was not litigated in the case, the Court found there were no exigent circumstances and that the warrantless blood draw was unconstitutional. Id.

Byars v. State

Shortly thereafter, the Nevada Supreme Court held that the consent implied by a person’s decision to drive in this State is not voluntary consent to an evidentiary blood test and, thus, existing laws that allow a police officer to obtain a blood sample from a person without a warrant and without voluntary consent are unconstitutional. Byars v. State, 130 Nev. Adv. Op. No. 85, 336 P.3d 939 (2014)).

Given the U.S. Supreme Court’s decision in McNeely, the Byars Court concluded that the natural dissipation of alcohol or controlled substances did not, standing alone, create exigent circumstances justifying a warrantless blood draw.

The court further concluded that NRS 484C.160(7) was unconstitutional because it permits officers to use force to take a suspect’s blood without a warrant, valid consent, or another exception to the warrant requirement.

Nevada’s 2015 Assembly Bill 67

In response to the Byars decision, the Nevada Legislature passed 2015 Assembly Bill 67. The new law made several changes to Nevada’s implied consent scheme.

First, 2015 Assembly Bill 67 eliminated the constitutional defect identified by the Nevada Supreme Court by requiring that if a person refuses to submit to an evidentiary blood test at the request of a police officer:

  1. the officer may apply for a warrant or other court order directing the use of reasonable force to obtain the blood sample; and
  2. the person’s driver’s license must be revoked for a certain period.

NRS 484C.210 now provides that if the subject fails to submit to an evidentiary test as requested by a police officer pursuant to NRS 484C.160, the license, permit or privilege to drive of the person must be revoked as provided in NRS 484C.220, and the person is not eligible for a license, permit or privilege to drive for a period of:

  1. One year; or
  2. Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.

Secondly, 2015 Assembly Bill 67 authorizes the revocation of a person’s license, permit or privilege to drive if an evidentiary test reveals the presence of a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription or hold a valid registry identification card.

In those cases, the permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of 90 days.

A driver should be aware that a person whose license is revoked for refusing to submit to an evidentiary test and is found to have a blood alcohol concentration of .08 or more could be look at a loss of license for the one-year period plus the 90-day period, for a total of 15 months.  Under the current law there is no provision that allows a person to be able to drive for a recognized hardship during the one-year period.

Thirdly, the Nevada legislature corrected an issue that kept being litigated in DUI cases regarding a person asleep in a car when the car had not been driven.  AB 67 states that “a person shall be deemed not to be in actual physical control of a vehicle if:

  1. The person is asleep inside the vehicle;
  2. The person is not in the driver’s seat of the vehicle;
  3. The engine of the vehicle is not running;
  4. The vehicle is lawfully parked; and
  5. Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.

This allows a person to do the right thing and realize before they drive home under the influence that they can fall asleep in the passenger’s seat and not be assumed to have driven or in actual physical control of the car.  The previous law punished a person who did not drive but fell asleep in the car.  The new law has fixed this issue.


The McNeely and Byars decisions have impacted thousands of DUI cases across the State of Nevada involving a warrantless and non-consensual blood draw.  Even felony DUI cases involving serious bodily injury or death were impacted. Lower courts are making totality of the circumstances decisions in a case by case basis with little guidance from the higher courts.

If your case involves a non-consensual warrantless blood draw, then find out more about how recent decisions will impact the admissibility of the evidentiary blood test in your case. Contact Joel Mann, an experienced criminal defense attorney focused on drunk driving defense. Contact Joel Mann’s office at (702) 474-6266 to schedule a free consultation to discuss the case either over the phone or in the office.


Las Vegas Arrests on New Year’s Eve 2015-16

iStock_000003177126SmallIf you are coming to Las Vegas to celebrate on New Year Eve you need to be aware of the dangers in your revelry.  The amount of tourist traveling to nightclubs and gentlemen’s club will substantially increase as many people come to Las Vegas to ring in the New Year. Many club-hoppers, who overindulge in drugs and alcohol, make bad decisions. The loud music, dancing, and crowds often influence people take chances they wouldn’t normally take.  Make sure you do not put yourself another statistic.

Law enforcement officers with the Las Vegas Metropolitan Police Department (“LVMPD”) use this opportunity to crack down on drug crimes and rack up arrests for a variety of related offenses, including DUI.

If you going to a nightclub in Las Vegas on the evening of December 31, 2015, or the early morning hours of January 1, 2016, you should expect local law enforcement officers to be out in full force.

In some cases, overly aggressive bouncers and security officers work with law enforcement to help them arrest a patron of the club. An arrest for using or selling any controlled substance comes with serious consequences under Nevada law.

It is important for you to recognize that the Las Vegas nightclubs have staff watching at every location, especially the bathrooms.  Joel Mann has had many drug cases originate from club staff waiting in the bathroom for any signs of drug use.  Once they suspect you of using drugs they will take you into custody and bring you down to the casino’s holding room, awaiting for Las Vegas Metropolitan Police Department to arrive.

The most commonly used drugs in Las Vegas nightclubs include: marijuana, cocaine, methamphetamine, ecstasy, GHB and heroin.

Defenses to drug crimes after an arrest in a Las Vegas nightclub can include:

  1. The law enforcement officer conducted an illegal search in violation of the Fourth Amendment of the United States Constitution that should lead to the suppression of the evidence at trial;
  2. The law enforcement officer or someone acting in cooperation with the officer manufactured the crime and entrapped the defendant into using or selling drugs when the defendant was not otherwise predisposed to commit the crime; or
  3. The defendant did not actually or consecutively possess the drug because he didn’t know of its presence.

Knowledge often becomes in issue in drug cases in area nightclubs because another person could secretly plant the drugs on the defendant in order to avoid detection.

The penalties and punishments for drug possession in Las Vegas, Nevada, depend on a host of factors including the type of narcotics possessed, the quantity of the narcotics, and the surrounding circumstances.

Under Nevada law, a criminal charge of selling drugs is classified as either a Category C felony or a Category B felony depending on the type of drugs sold. The maximum sentence for these offenses includes a lengthy prison sentence and stiff fines.

For possession with intent to sale, the offense is classified as a Category D felony.

Simple possession of a controlled substance is a Category E felony in Nevada that carries with it one to four years in prison. For first time offenders charged with a possession charge, it is usually possible to avoid any incarceration by completing counseling and probation.

Drug crimes involving marijuana involve an entirely different set of penalties.

The top nightclubs in Las Vegas, Nevada, include:

  • Bellagio:
    • The Bank
    • Hyde
  • The Cromwell:
    • Drai’s
  • Delano:
    • FDR
  • Hard Rock Hotel:
    • Vanity
    • Body English
  • Luxor:
    • Savile Row
    • LAX
  • Mandalay Bay:
    • Foundation Room
    • LIGHT
  • Mirage:
    • 1OAK
  • Palms:
    • Rain
    • Moon
    • Ghostbar
  • Paris:
    • Chateau
  • Planet Hollywood:
    • Extra Lounge
  • SLS:
    • LiFE
  • The Sayers Club
    • Foxtail
  • Wynn:
    • XS
    • Tryst
    • Surrender
  • Venetian:
    • Tao

Additional Resources

Statistics on New Year’s Eve Arrests in Las Vegas – Each year the Las Vegas Metropolitan Police Department (LVMPD) releases final statistics on the number of arrests made on New Year’s Eve. The 2014-2015 New Year’s Eve celebration stood out as one of the most orderly within recent history with 19 people being booked into the Clark County Detention Center on various felony and misdemeanor offenses. Two other people received Class II citations from within the Strip corridor. The Downtown Area Command, which covers the Fremont Street Experience, reported 3 arrests. Only 9 DUI arrests occurred within the Metro’s jurisdiction. By comparison, for the New Year’s Eve celebration four years earlier, 159 people were arrested including 68 arrests for DUI by the police department and another 48 arrests for DUI by the Nevada Highway Patrol.


Joel Mann is an experienced criminal defense attorney in Las Vegas, Nevada. He has extensive experience defending clients charged with drug and alcohol related offenses. He is experienced with the tactics used by officers with the Las Vegas Metropolitan Police Department in drug cases in area nightclubs during New Year’s Eve celebrations.

Joel Mann also knows the importance of obtaining the surveillance video of the incident when it is likely to be helpful to the case. In many cases the surveillance video might help establish important defenses to the charges.

For your New Year’s Celebration, keep in mind that area police will be out in full force. If an arrest occurs, contact Joel Mann to discuss your case and important defense to protect your good name after a criminal charge is made against you. For charges related to drug crimes or DUI, Joel Mann has the experience to help you fight for the best result in your case.

Domestic Violence Increases Over the Holidays


Domestic violence doesn’t take a holiday. In fact, the holiday season brings about a dramatic increase in domestic violence cases throughout Las Vegas and the surrounding areas of Clark County, Nevada.

Domestic violence increases over the holidays for a variety of reasons including:

  1. Families spend more time together;
  2. Families travel for holiday gatherings to another city or state;
  3. Extended relatives gather together for holiday celebrations;
  4. Individuals increase their consumption of alcohol and drugs during this time period; and
  5. Financial stress increases with gift buying and spending for entertainment.

The combination of family and celebration also causes tempers to flare and arguments to ensue. In addition to an increase in the number of arrests for domestic violence, the courts also see an increase in petitions for protection against domestic violence during the holiday season and into the New Year.

Law enforcement officers in Las Vegas and the surrounding areas in Clark County, NV, treat any violence within a family seriously. According to the Violence Policy Center, until recently, Nevada had been ranked in the top ten for about two decades for the most females murdered by men in domestic violence cases.

An allegation of domestic violence often results in a misdemeanor charge of battery under NRS 200.485 (often called “domestic violence battery”). The misdemeanor charge is punishable by a fine of up to $1,000 and/or 180 days in jail.

Misdemeanor domestic violence cases that occur within the city of Las Vegas are prosecuted by the City Attorney’s Office. If the case involves a dangerous weapon or serious injury then a felony charge of domestic violence can occur.

The Clark County District Attorney’s Office, prosecutes all felony cases and any misdemeanor cases that occur outside of the cities of Las Vegas, North Las Vegas, Henderson, Boulder City and Mesquite.

Under Nevada law, related charges can include: violations of protective or restraining orders, stalking, aggravated stalking, spousal abuse, domestic violence battery with strangulation, domestic assault, aggravated domestic assault, sexual assault, and kidnapping.

Attorney Joel Mann represents clients charged with felony and misdemeanor domestic violence charges throughout Las Vegas, Mesquite, Boulder City, and North Las Vegas, NV.

Joel Mann is particularly experienced with the tactics used by officers in the Domestic Violence Unit of the Las Vegas Metropolitan Police Department and other area agencies.

If you need an experienced criminal defense attorney focused on defending domestic violence charges in Las Vegas, NV, then contact the Law Office of Joel M. Mann to discuss your case today.

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