Tag Archives: Criminal Defense Lawyer

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.

Conclusion

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.

 

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.

Will Recent Deaths Prompt Bigger ‘Party Drug’ Crackdown?

Party Drugs

The deaths of two young women from suspected drug overdoses at the Hard Summer music festival in Pomona, California, last month prompted calls for action about the use of controlled substance at similar events. The Los Angeles Times reported that the County of Los Angeles Board of Supervisors agreed the following Tuesday to develop a plan to impose a moratorium on similar electronic dance music events.

Despite opposition from electronic dance music event promoters, Los Angeles County Supervisor Hilda Solis said the events deserved special attention not only because of a history with drugs, but also because recent fatalities have occurred on county-owned properties. The San Gabriel Valley Tribune reported that increased security measure this year at Hard Summer actually resulted in less drugs being seized than last year while the number of hospitalizations quintupled.

According to the Tribune, patdowns and drug-sniffing dogs led to less than five pounds of drugs—roughly one pound of which was ecstasy and the remaining amount being marijuana—being confiscated this year while the Los Angeles Sheriff’s Department seized over 30 pounds in 2014. Pomona Police Department Deputy Police Chief Michael Olivieri told the Tribune that the security was “the most thorough” he’s ever seen.

“I don’t know how you could increase or become more intrusive at a concert, unless you really did submit people to a strip search,” Olivieri told the Tribune. “If you can smuggle drugs and dope into a prison facility … there is no way security measures at a concert venue can be as tight.”

An Associated Press story published in the Las Vegas Sun on August 3 noted that there “at least 19 people have died from overdoses or in drug-related incidents involving music festivals in California and Las Vegas since 2006.”

This past June, 24-year-old Nicholas Austin Tom was pronounced dead at the Las Vegas Motor Speedway during the Electric Daisy Carnival, a festival attended by roughly 135,000 fans that saw 1,400 medical calls and 27 incidents involving people being taken to the hospital. The Clark County Coroner’s office later said Tom died of ecstasy intoxication.

The increased attention that these deaths and hospitalizations this summer have garnered will only lead to additional pressure on local authorities to get more drug charges. This could very well lead to additional searches of younger people even before they ever enter concert venues.

The idea of more young adults being searched without any suspicion or probable cause inevitably calls into question the legality of any such searches. Any person who has been stopped by police for a common traffic infraction needs to remember that an offense such as speeding or an unsafe lane change does not authorize a police officer to search the motor vehicle.

While a first offense for possession of less than one ounce of marijuana is classified as a misdemeanor in Nevada, ecstasy (otherwise known as methylenedioxymethamphetamine or MDMA) is considered a Schedule I controlled substance. This means that a first offense for MDMA possession is a category E felony.

Any drug crime can have serious consequences for an alleged offender, but this is especially true for young adults. A conviction for a controlled substance offense can make the offender ineligible for financial aid for college, and the criminal record can have damaging employment consequences later on.

If you have been charged with possessing an illegal drug or even drug paraphernalia in the Las Vegas area, you will want to immediately seek the help of an experienced criminal defense attorney who can evaluate all of your possible defenses. If there was any police misconduct or procedural errors during your arrest, you could possibly have your criminal charges reduced or dismissed.

Clark County successfully prosecutes first case under sex trafficking law

legsA Las Vegas man was found guilty last month of sex trafficking, marking the first conviction for the state offense. The offense of sex trafficking was created with the passage of AB 67 in 2013. Prosecuting sex trafficking has been a major focus of law enforcement in recent years, and a successful conviction is likely to herald more people facing these charges. It is critical, therefore, to understand the differences between charges relating to sex work.

Sex work, generally, is a broad term that applies to people who engage in sexual acts as a profession. Sex work crosses the legal line when it becomes prostitution. Nevada law defines prostitution as the act of engaging in “sexual intercourse, oral-genital contact, touching the sexual organs or other intimate parts for the purpose of arousing or gratifying the sexual desire of either person” for pay or anything of value.

Both the act of engaging in prostitution and soliciting prostitution (being a “John” or customer) are misdemeanors, unless the person involved was in a licensed brothel. There are no licensed brothels in Clark County.

Penalties are more significant for people accused of being the business of managing and recruiting prostitutes. In the past, these people, often called “pimps,” have faced charges of pandering.

Pandering remains a crime under Nevada law. If charged with pandering, a person is accused of inducing a person to engage in prostitution or to continue to engage in prostitution without engaging in physical force or the threat of physical force. The charges are a Class C felony, punishable by 1-5 years in prison and a fine of up to $10,000.

Under the new, more serious sex trafficking charges, a person who takes, places, harbors, induces, causes or compels a person into sex work using force, threats, fraud or intimidation can be convicted of a Class B felony. It is the same charge to harbor, induce, recruit, transport, obtain or maintain a sex worker knowing force, threats, fraud or intimidation to compel that person into that work.  A Class B felony is punishable by three to 10 years in prison and a fine of $10,000.

Additionally, if any sex worker involved was a child, the charges become sex trafficking, whether or not force or threats were involved. Charges are a Class A felony. If the child was between 16 and 18 years old, there is a mandatory minimum five-year sentence. For a child between 14 and 16, the mandatory minimum is 10 years. Trafficking any child sex worker younger than 14 will result in a mandatory minimum sentence of 15 years in prison under state law.

Regardless of the offense, any charge involving sex work is serious. It’s important to immediately contact a Las Vegas prostitution defense lawyer if accused.

Nevada Leads Nation By Far in Electronic Wiretapping Per Person

Using iPhone - 21209382 - SAccording to a report released this month by the Administrative Office of U.S. Courts, courts in Nevada authorized 38.2 electronic wiretaps for every 500,000 residents of the state in 2013. It is the highest number of wiretaps per person in the nation – more than three times the rate for the next highest state, Colorado.

Courts in Nevada authorized 213 wiretaps, or “intercept orders.” The federal U.S. District of Nevada issued 26, and state courts in Clark County, which includes Las Vegas and Henderson, issued 187, meaning the overwhelming majority of wiretaps were in the Las Vegas area. Though federal officials only actually executed one, Clark County installed 178. The wiretaps results in 725 incriminating intercepts, according to the report.

The wiretaps resulted in 134 people being arrested and 78 people being convicted in Nevada, all due to orders issued by Clark County. It is a significantly higher conviction rate than the nation, in which only 19 percent of arrests due to a wiretap resulted in a conviction.

The vast majority of these wiretaps (97 percent for the nation, 100 percent for Nevada) are for portable devices, including cell phones and digital pagers. Using a wiretap, police can listen in on a suspect’s conversations and collect evidence to be used against that person.

Every intercept order authorized in Nevada in 2013 was for a narcotics charge. Nationwide, drug offenses are the reason behind about 90 percent of wiretaps, according to an analysis of the report by the Pew Research Center.

The Pew Research Center could not confirm any reason why Nevada would be at the top of the list. However, Las Vegas law enforcement officials told the Las Vegas Review-Journal  they believed they were simply more effective at obtaining them. The Clark County District Attorney’s Office has two federally funded prosecutors who work full time on drug cases, the Review-Journal reported.

Conversations obtained by a wiretap may seem like damning evidence. However, even if obtained by a warrant (always a requirement for a wiretap), this evidence is not always admissible. To obtain an order, law enforcement must show probable cause that the suspect is committing a crime listed in the Wiretap Act, that a communication against that crime will be intercepted, and that the phone is used in connection with the offense.

Your attorney may be able to call into question the grounds on which the intercept order was obtained. If the order was wrongly obtained, all evidence obtained may be determined to be “fruit of a poisoned tree.”

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