Category Archives: Misc.

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.

Conclusion

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.

Las Vegas Creates New Standard Bail Schedule, Raises Amounts

Las Vegas Bail Bond Change

Bail bondsmen rejoice! The Las Vegas Township Justice Court has recently updated the bail schedule. This move was made in an effort to keep bail amounts in line with other major cities such as Los Angeles, rather than to simply serve as deterrence towards future criminal offenders. It also helps to vastly minimize the complications of the Las Vegas bail bond system.

Before this change, bail bond amounts were listed by the type of offense and carried numerous exceptions, creating a headache for the Justice Court. The new schedule sets the bail bond by the category of the offense. However, please note that the judge still retains the ability to adjust the bail bond amount during the scheduled hearing, for better or for worse.

Misdemeanor Offenses

  • Battery / Domestic Violence Offense – $3,000
  • 2nd Domestic Violence Offense – $5,000
  • DUI – $2,000
  • 2nd DUI Offense – $5,000
  • All Other Misdemeanors – $1,000 (visit the Clark County Courts website for exceptions)

Gross Misdemeanor Offenses

  • All Gross Misdemeanor Offenses – $2,000

Felony Offenses

  • Category B Felony – $20,000
  • Category C Felony – $10,000
  • Category D or E Felony – $5,000

No Bond / Bond Amount Set in Court

  • Category A Felony
  • Attempted Murder
  • Battery / Domestic Violence Resulting in Substantial Bodily Harm (No DW)
  • Battery / Domestic Violence by Strangulation
  • 3rd Domestic Violence /Offense
  • DUI Resulting in Death or Substantial Bodily Harm

What does this mean for men and women in Las Vegas? For one, jails may certainly see a higher population of detainees for individuals unable to afford the new higher bail bond prices. On a practical level, this stresses the importance of working with a defense attorney from the moment of arrest and during pre-trial court dates.

An experienced criminal defense attorney in Las Vegas can help file a Motion to Reduce Bond. This is done alongside persuasive arguments that the defendant is not a flight risk. The court may order the defendant be released on a bail bond that is much lower than what is prescribed in the newly set schedule. To do so, the court may consider the circumstances of the arrest, alongside with the defendant’s:

  • Financial situation
  • Community ties
  • Occupation and employment history
  • Familial ties
  • Reputation and character
  • Previous criminal history
  • Likelihood of more criminal acts committed after release

In certain cases the defendant may be released on their own recognizance (also referred to as “ROR”), or personal word they will later appear in court. This allows him or her to be released without bail. However, if the defendant does not appear at the scheduled court hearing, regardless of how they were released, they can face dire penalties. Paying Las Vegas’s new bail amounts may be the least of their worries!

Kentucky v. King, US Supreme Court allows Police to enter without warrants

In the United States Supreme Court’s most recent decision of Kentucky v. King, No. 09-1272 , the Supreme Court has further eroded the value of the 4th Amendment.  The opinion allows for police to enter a person’s home without a warrant based on the suspicion that there is criminal activity going on.  In the Kentucky case the officers followed a suspected drug dealer into a home and then knocked on the door.  Upon knocking the police heard what they believed was movement and destruction of potentian evidence.  The Police then entered without a warrant and saw drugs in plain sight.  The US Supreme Court said this was ok because of exigent circumstances.

Drug cases are often times very much about police procedure and following proper 4th amendment searches. For more information see: http://www.legalmann.com/CriminalDefense/DrugCharges.aspx

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