Criminal Law - Legal FAQs

What Happens When You Are Arrested or Charged With A Crime in Las Vegas or Reno, Nevada?

Being arrested or charged with a crime is a very serious matter. If convicted, the Court may impose a fine, imprisonment, community service, civil sanctions, and/or order the person to pay restitution to the victim(s). Any person who is 18 years of age may be tried as an adult, and occasionally juveniles are also tried as adults. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

Where can I find a Nevada Criminal Law Attorney or Lawyer in Las Vegas or Reno ?

Click on www.AttorneyGuide.com. Choose your city then select Criminal Law and the type of case that best matches your situation.

What Are The Different Types Of Crimes?

Crimes are classified into three major categories: Misdemeanors, Gross Misdemeanors, and Felonies. Misdemeanors are the least serious offenses, generally punishable by up to six months in county jail, a fine up to $1,000.00, and/or community service. Gross misdemeanors are more serious offenses, generally punishable by up to one year in county jail, and/or a fine up to $2,000.00. Felonies are the most serious offenses. Depending on the severity of the crime, felonies are punishable by at least one year in state prison and possibly a substantial fine. First degree murder is punishable by life imprisonment or death. Lesser crimes, such as possession of illegal drugs, prostitution, driving under the influence of drugs or alcohol - known as DUI - theft, writing bad checks or bouncing checks, etc., are generally not as serious but still warrant the hiring of a criminal lawyer or attorney to assist you. The best way to contact a Nevada criminal law attorney or lawyer in Las Vegas or Reno for help or for detailed information about your situation is to click here: www.AttorneyGuide.com.

The Criminal Law System:

Players and Procedure The criminal law "system" encompasses the entire criminal process itself -- from investigation and arrest, to conviction and sentencing -- and the people who play a role in that process: the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.

At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government's interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

What Do Criminal Law Attorneys Do?

Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act, a mental state, and the intent to do social harm. Crimes are classified as "misdemeanors" (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and "felonies" (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder). In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. However, the prosecutor in a criminal law case has to prove to the judge or jury "beyond a reasonable doubt" that the defendant is guilty of the crime charged. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

If I am arrested, should I hire a Criminal Law Attorney?

You may be entitled to a court appointed attorney at public expense, known as a public defender, if you qualify as an indigent person. An indigent person is one who cannot hire a criminal law attorney without causing substantial hardship to himself/herself or dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, a criminal law attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines any financial ability to do so. Because few people qualify for a court appointed criminal law attorney at the public's expense, most people arrested for crimes hire a criminal defense attorney. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

If The Police Stop Me, What Should I Do?

If you are ever stopped by the police for any reason, you should try to remain calm. You should never resist or run away, since both constitute a crime. Also, if you resist or run away, the police may physically restrain you and, under very limited circumstances, may even utilize deadly force against you. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

What Are My Rights If I Am Arrested?

Generally, if you are arrested, the police must advise you of your Miranda rights. Miranda v. Arizona, 384 U.S. 436 (1966). You have the right to remain silent (in other words, refuse to answer any questions, make a statement, or discuss the case with anyone). You are entitled to have an attorney present with you when you are questioned. (AttorneyGuide.com can assist you in finding a criminal lawyer Las Vegas or Reno). If you cannot afford a criminal defense lawyer Las Vegas or Reno, you should immediately ask that one be appointed for you by the Court. Never sign anything the police give you unless your Nevada criminal defense attorney in Las Vegas or Reno has advised you to do so. On the other hand, you may choose to answer questions, give a statement, or take tests. Any information you voluntarily give to the police may be used as evidence against you in Court. However, once you begin to answer questions or give a statement, you still have the right to stop at any time or to wait for your lawyer before continuing. Furthermore, law enforcement officers can never use force or threaten you into answering questions and cannot offer leniency in exchange for any written or oral statements. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

If I Decide Not To Answer Any Questions, Will This Be Held Against Me When I Go To Court?

No. You have a constitutional right to say nothing and go to trial. U.S. Const. amend. V; Nev. Const. art. 1, A7 8. At trial, you are presumed innocent until proven guilty beyond a reasonable doubt. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

What legal steps can I take to expunge or seal my records of a felony conviction?

Not every case can be expunged. Every state has its own requirements that have to be met before a criminal record can be expunged. Contrary to popular belief, records are not "sealed" automatically with the passage of time, but require the filing of a petition with the court requesting the expungement and stating the reasons you are requesting it and how you meet the criteria set by law. The procedure can take between three months to almost a year depending upon the Court and the severity of the case. The fees are usually very reasonable, in the neighborhood of $2,000 to $2,500.00, and include research, filing fees, the drafting of the Petition, and any Court appearances. If you are not versed in this area of law, or feel you cannot handle this even with doing your own legal research, a criminal defense attorney would be able to do this for you. The best way to contact a Nevada criminal law attorney in Las Vegas or Reno for help or detailed information about your situation is to click here: www.AttorneyGuide.com.

Return to Legal Information Menu