Nevada Criminal Defense Lawyer

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Criminal Defense Attorneys in Nevada

Brian Kuester
Attorney Brian Kuester
Nevada Criminal Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley
Defense Team Lead
Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

Nevada is home to Las Vegas, which is one of the most famous cities in the world. It is also home to Reno, which is similarly famous for its adventurous and carefree attitude. If you are in Las Vegas, there is a good chance that you are there to see a show and maybe do a little gambling. However, while wagering a few dollars may be little more than harmless fun, breaking the law is a gamble that you’ll want to avoid. Otherwise, you may find yourself spending time in a jail cell instead of a hotel room.

You Have the Right to Remain Silent

Perhaps the most important thing to remember after being taken into custody is that you have the right to remain silent. You also have the right to refuse to talk to authorities prior to being taken into custody for drunk driving, drug possession, or other crimes. Any statements that you make of your own free will likely be used against you in court. An exception may be if you weren’t told of your right to stay silent or if you were coerced into talking after you had asked for an attorney.

You Have the Right to a Nevada Criminal Defense Attorney

You do have the right to counsel whenever you’re facing charges that could result in jail time or other serious penalties. There are several reasons why you might want to hire an attorney as soon as possible after you’re aware that you might be in legal jeopardy. First, your attorney will likely take action to secure your release from custody pending the outcome of your trial.

Obtaining your release from jail is important because it gives you leverage to negotiate a favorable plea deal. This is because you won’t feel pressured to accept the first deal you’re offered that allows you to go home to your family or job. Working from a position of strength may also increase your chances of earning an acquittal if you decide to take your case to trial.

Your attorney may take other steps that might increase your chances of obtaining a favorable outcome in your case. For instance, it may be possible to have witness statements, the results of a toxicology report, or other evidence suppressed before or during a trial. This may weaken the case against you to the point that charges are dropped or reduced.

The Advantages of Hiring The Criminal Defense Firm

Perhaps the best reason to hire our firm is that our attorneys are former federal prosecutors and federal agents. Having someone who has worked for the IRS will likely be helpful if you’re facing charges that you failed to file a tax return or engaged in other forms of tax evasion. Having someone who tried cases at the federal level may be ideal because that person understands how the government thinks. Therefore, your advocate may be able to gain insight into the strength of its case just by listening to its words or paying attention to its actions.

The Types of Cases Our Firm Handles

If you are charged with DUI, reckless endangerment, or murder, our team will likely be able to create a defense to the allegations against you. The same is likely true if you are charged with arson, fraud, or any other type of criminal charge. It is important to note that if you are charged with tax crimes or crimes involving the use of an electronic device, you may face trial at both the state and federal level. However, let’s take a closer look at some of the more common charges pursued by state authorities.

Assault and Battery

You could be charged with assault for taking a swing at a colleague while on the job. As long as you willfully make contact with another person or put them in reasonable apprehension of imminent harm, a prosecutor may be able to earn a conviction on this charge even if you don’t hurt your victim. Battery occurs when you intentionally make contact with another person without the victim’s consent and cause an injury to occur.

Drug Possession

State law prohibits you from carrying most controlled substances such as heroin or cocaine. It may be permissible to be in possession of marijuana, however, it is generally not permissible to consume it or be under the influence of any other controlled substance while in public.

Drunk Driving

If your blood alcohol content (BAC) is greater than .08%, you may be taken into custody for drunk driving. However, you may be charged with this crime if you are under the influence of drugs, prescription medications, or anything that might cause impairment. Furthermore, if you are showing signs of impairment such as slurred speech or difficulty standing, you may be taken to jail on a DUI charge regardless of your BAC.

Burglary and Larceny

Burglary means that you have entered a structure such as a home, car or office building with the intent to commit a crime. Larceny means that you have stolen something of value from a person or entity. Therefore, while burglary may lead to larceny, you can be charged with this crime even if you don’t steal anything.

Violent Offenses

Violent offenses such as murder, rape, or manslaughter are generally tried as felonies because they are generally committed with little or no regard for others. Therefore, if convicted, you could spend the rest of your life in prison or even be subject to the death penalty. Although plea deals may be offered in such cases, you will likely remain subject to serious penalties if you accept.

Frequently Asked Questions

Do I have to testify at my trial?


No, you do not have to testify at your trial or at any other point during the legal process. There is a good chance that your attorney will advise against saying anything in court as it could be used against you, and testifying during a trial means that you are open to cross-examination from the prosecutor. However, you are the only one who decides whether or not to take the stand. If you decide that you want to speak, your attorney is ethically bound to allow you to do so.

Is a plea deal the same as a conviction?


Yes, it is a conviction without a trial. If you accept a plea deal, you are admitting guilt to whatever charges are included in that agreement. A conviction may be problematic if you have a previous criminal history as pleading guilty to any charge may trigger mandatory minimum sentences for repeat offenders. Therefore, you might face the possibility of spending years in prison after pleading guilty to stealing a candy bar from the local convenience store. Your attorney will provide more insight into the possible consequences of accepting a plea deal before you decide whether to accept it or not.

How will you defend against the government's accusations?


There are several ways in which your Nevada criminal defense attorney may defend you throughout the legal process. For instance, it may be possible to claim that you are the victim of mistaken identity or were taken into custody based on a tip provided by a biased individual. If evidence was obtained as the result of an illegal search or seizure, it may be possible to have it suppressed.

The same might be true if a witness recants a statement or there is other reason to believe that testimony or test results were fabricated or flawed in some material way. Other defenses may include disputing that there was intent to commit a crime or that you were tricked or threatened into taking action against your will.

What penalties might I face if convicted?


If you are convicted of a crime, you may be sent to jail or prison for a period of several days or several years. Typically, sentences of less than 12 months are served in jail while longer sentences are served in prison. You may also be subject to a fine, probation, and community service. Additional penalties may apply based on the severity of your crime, your criminal history, and other relevant factors.

What is attorney-client privilege?


Almost anything that you say to your attorney is considered to be privileged information. This means that your legal counsel can’t divulge the contents of a conversation to anyone before, during, or after your case is over. Exceptions may be made if you talk of plans to commit future crimes or talk of plans to hurt yourself or others.

Contact The Criminal Defense Firm Today

If you are in need of a Nevada criminal defense lawyer, contact The Criminal Defense Firm online or call our nationwide hotline at 866-603-4540.

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540