DOMESTIC VIOLENCE/BATTERY 

Domestic violence is the non-justified use of force or violence between family members or between people who live together or between people in a dating relationship, it can involve slight force.  The Nevada Supreme Court has held that spitting on another person can constitute enough for a battery charge, as well as pushing a person or tearing their clothes.  It can be between a father and a daughter/son, mother and daughter/son, an adult child, an elderly parent, but it most often occurs between a man and a woman living together, married or not.  Once police officers arrive at the scene of the disturbance, if the police officers believe that a battery has been committed they must make a police report for the incident.  If possible, the officer must also arrest the person who they believe committed the battery, within 24 hours of the battery.  That person must spend a minimum of 12 hours in jail before he or she can be released.  Generally if the battery did not involve a weapon or the injuries did not result in physical damage or involve strangulation, then the crime is classified as a misdemeanor.  The maximum possible penalty for a misdemeanor is a $1,000.00 fine and/or up to six (6) months in jail.  If misdemeanors occur within the City of Las Vegas they are prosecuted by the City Attorney’s Office.  Batteries with weapons or serious injury or strangulation are felonies and they are prosecuted by the Clark County District Attorney’s Office.

DUI/DWI

In the state of Nevada there can be different penalties against an accused for a DUI/DWI.  A number of factors can affect the way a case is handled, such as the history of the accused and the number previous DUI/DWI charges that the accused has in his past.  All type of charges can result in incarceration either in jail, or prison, as well as fines, having to enroll in DUI/DWI courses, having administrative driver’s license suspensions, performing community service, sitting in on victim impact panels and attending and completing a corner’s program.

JUVENILE LAW

The Nevada Juvenile Court handles cases involving minors (anyone under the age of 18), who has been charged with violating the law.  Children are charged with offenses that would be crimes if they were adults or classified as delinquents.  Status offenders are those children who commit acts that are unlawful because of their age, such as truancy, incorrigibility and runaway.  Status offenders are also referred to as “children in need of supervision.”  The Juvenile Courts also handle the cases of dependent children who have been abused, neglected or abandon by their parents or guardians.

In Nevada, children who commit murder or attempted murder are treated as adults regardless of their age.  In addition, when juveniles between the ages of 16 and 18 commit crimes, which would be considered a felony or gross misdemeanor if committed by an adult, the District Attorney can attempt to certify that child as an adult and move the case to the criminal courts for prosecution.  Such certifications take place when the alleged crime is extremely violent or heinous, or if the juvenile’s behavior indicates that treatment within the juvenile system will have no value to the individual.  All juvenile matters regardless of the nature of the charges are considered civil offenses.  With McCullough, Dobberstein & Evans, Ltd., we have one of the top juvenile lawyers in the state and can answer all of your questions during a consultation with him.

DRUG POSSESSIONS

Drug possession is a serious criminal charge with grave consequences for those who are found guilty.  Penalties for drug possession will vary greatly depending on the type of drug as well as the quantity and possession and the time of arrest.  There are five different drug schedules that categorize a broad range of controlled substances from those with a low risk of addiction, up to those with the highest risk such as heroin, ecstasy and others.

To ensure that you have the best opportunity for a strong defense, please contact McCullough, Dobberstein & Evans, Ltd. to schedule a consultation.

RECORD SEALING

The term comes from the tradition of placing a seal on certain files or documents to keep others from viewing them without permission from the court.  The modern practice of record sealing consists of removing court records from public view.  A court order is usually necessary to unseal records.