Las Vegas
1201 S. Maryland Parkway,Las Vegas, NV 89104
Arrested While Visiting Las Vegas?
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More than 38,000,000 people visit Las Vegas yearly for vacation, business, or personal reasons. The Las Vegas Visitor Profile Study revealed that in 2021, more than 52% of all visitors said vacation or pleasure was their primary purpose for visiting, and 20% of visitors in 2021 were first-time visitors to the city.
The phrase “what happens in Vegas, stays in Vegas” has become a national phenomenon that gives many visitors the impression that they can do anything they want to do. However, the Las Vegas Metropolitan Police Department (LVMPD) views this phrase quite differently.
If you were recently arrested in Las Vegas on criminal charges while on vacation, a Las Vegas criminal defense attorney from De Castroverde Criminal & Immigration Lawyers can defend you to fight off or reduce those charges. Our legal team is familiar with state laws and local authorities. We understand the devastating effects that a conviction will have on your life and will fight for you to avoid that outcome.
Common Criminal Charge for Vacationers Is Driving Under the Influence (DUI)
While in Las Vegas, 52% of visitors used their vehicle to travel around in 2021, according to the study. One of the most common offenses for visitors is driving under the influence (DUI), and this offense can also include additional charges for drug offenses or hit and run.
What Kind of Penalties Can a Person Face for DUI in Las Vegas?
When a person is faced with charges involving driving under the influence of alcohol or drugs, they may face penalties from Nevada and possibly their home state.
According to the Department of Motor Vehicles (DMV) in Nevada, a first offense DUI can lead to the following types of penalties:
- Two days to six months of jail time or community service
- Fines between $400 and $1,000
- A $60 fee if you took a chemical test upon your arrest
- Fees and fines related to a driver’s license, including the Victims Compensation Civil Penalty
- DUI school or substance abuse treatment
- Vehicle impoundment
- Driver’s license suspension (revocation may occur, but this action is separate from your criminal case)
- Victim Impact Panel
Multiple offenses of DUI may result in steeper penalties, such as higher fines or longer jail sentences. A third offense DUI or any DUI involving death or bodily harm is considered a felony offense.
What Can You Expect if You Are Facing DUI Charges in Las Vegas?
A DUI criminal case will open an administrative hearing with the Nevada DMV, which could possibly lead to the suspension of your driver’s license. Even though you are not required to have an attorney, it is extremely helpful to hire a criminal defense attorney who can represent you at your court hearings. If you fail to show up for your court date, a bench warrant will be issued for your arrest.
It is important to learn about your rights and the options you have to defend yourself from serious consequences if you were arrested in Las Vegas. Regardless of whether you have been charged with assault and battery, drug crimes, disorderly conduct, theft, sex crimes, or any other offense, a Las Vegas criminal defense lawyer from De Castroverde Criminal & Immigration Lawyers can help you.
Understand the Court and Legal System Process After Being Arrested in Las Vegas
If you get arrested in Las Vegas, you can hire a criminal defense lawyer in the city to guide you through each stage of the court and legal system process in Nevada. These stages can include:
- Bail hearing: This hearing determines the bail amount for the charge you’re facing. A criminal defense attorney from our firm can attend this hearing to advocate for lower or no bail so that you may be released from jail. If you cannot bond out, your lawyer may petition for a 48-hour or 72-hour hearing after you serve two judicial days in jail.
- Initial arraignment: This is the first official court appearance you will make as a defendant. These hearings generally take place in a municipal or justice court in Nevada and are where defendants plead guilty or not guilty. You will also have an opportunity to plead for another court appearance to give you time to prepare your defense or negotiate a plea bargain.
- Pretrial conferences: After the arraignment, the district attorney (DA) will forward all evidence the prosecution intends to use in its case to your lawyer. This allows them to prepare your defense and discover any additional evidence that may assert your innocence. During these conferences, your lawyer can also negotiate a plea bargain with the prosecutor based on the evidence against you. If they reach a deal, you do not have to go to trial.
- Preliminary hearings: If you are facing felony charges, you will have to go through preliminary hearings. These hearings determine whether the prosecutor has enough evidence to transfer your case from justice/municipal court to district court, which processes felony cases. The standard for how much evidence is necessary to transfer cases to district courts is low, so defendants often lose preliminary hearings. However, in some cases, a defense lawyer may be able to convince the judge to dismiss your charges.
- Trial hearings: These hearings involve having the prosecutor and defendant present their arguments about or against the charges. Your lawyer may request a bench trial to have the judge solely sentence your case if you are facing minor charges. However, if you are facing a jail sentence greater than six months or other serious penalties, you may have a jury trial.
- Sentencing hearing: If you plead guilty or are found guilty by a judge or jury, you will then have to attend a sentencing hearing. This hearing determines how harsh your sentence will be, and you will have an opportunity to have your lawyer petition for a lighter sentence. In many cases, sentencing hearings are scheduled weeks after the trial hearing to allow defendants enough time to gather evidence or witnesses for their cases.
- Appeals: If you are found guilty of your charges, you may be able to appeal this decision to a higher court in Nevada, such as the Nevada Supreme Court. Your lawyer can guide you through the appeals process so that you follow correct court procedures. Alternatively, you may also request a new trial through a legal motion.
If at any point you have questions about your legal options through your criminal charge case, our team at De Castroverde Criminal & Immigration Lawyers can provide insight and legal counsel.
Can an Attorney Appear on Behalf of a Client Who Does Not Reside in Las Vegas?
Yes, an attorney can serve as your legal representative in most court appearances so that you do not have to go to court. However, as the defendant, you may need to attend the initial arraignment to enter your plea, depending on the severity of the crime.
In some cases, you may be able to attend your hearings virtually. You can discuss whether this is an option for you with your Las Vegas criminal defense lawyer.
Local Resources That May Be Useful for Your Las Vegas DUI Case
The following local resources may provide more information about your criminal charge case in Las Vegas, Nevada:
- Las Vegas Metropolitan Police Department (LVMPD): This is the official website for the LVMPD, which provides information on tourist safety, stolen or towed vehicles, and legal records in the state.
- Clark County Detention Center (CCDC): This is the official website for the CCDC, which provides tools to search for inmates, bond information, and visitation hours as well as other resources.
- Las Vegas Justice Court: This is the official website for the LV Justice Court, which provides tools on how to enter your plea or resolve online, file motions and confirmation of counsel documents, and even financial tools.
- Las Vegas Municipal Court: This is the official website for the LV Municipal Court, which provides tools to look up your court case, review the status of your community service or work program hours, and post bail, among other resources.
How a Criminal Defense Lawyer from Our Firm Can Help Your Case
If you are looking for a lawyer for tourists in Las Vegas, our legal team wants to help you with your case. There are many benefits to having a criminal defense attorney in Las Vegas, such as:
- Our lawyers can practice locally in Las Vegas and report to you: Many tourists are concerned about whether they have to appear in court as their case is being processed. Our lawyers can attend legal hearings on your behalf and give you updates. Should you need to appear before a judge and jury, we can determine whether you have the option to do so virtually.
- Our lawyers know Las Vegas laws: Tourists who are unfamiliar with Nevada laws may be too intimidated by their cases because of that disadvantage. We want to provide you with some security by counseling you on your rights based on the laws that exist in this state. We can determine whether you were wrongfully arrested or charged, then advocate for your rights and innocence.
- Our lawyers can manage your case on your behalf: Beyond attending court on your behalf, our legal team is prepared to fulfill paperwork, investigate your case, and collect evidence on your behalf to build your defense. We may also be able to reach out to potential witnesses who can testify on your behalf. Our legal team will also respond to communications from the prosecutor or other parties involved in your case.
Types of Criminal Defense Cases We Handle
At De Castroverde Criminal & Immigration Lawyers, our legal team handles various areas of criminal defense in Las Vegas, including:
- DUI and underage drinking: As mentioned, we handle cases involving driving under the influence of alcohol or drugs. However, we also represent underage tourists (persons younger than 21, the legal drinking age in the U.S.) who were found in possession of alcohol, attempting to buy alcohol, or under the influence of alcohol.
- Gambling-related charges: One of the primary reasons why visitors come to Las Vegas is to gamble at casinos. Nevada has created many laws to regulate gambling, and those who are not familiar with these laws may end up facing criminal charges. Our firm represents clients who have been accused of failing to pay back casino markers, which is viewed as a similar charge as writing a bad check.
- Prostitution and solicitation: While 10 counties in Nevada have legalized prostitution under strict regulation, Clark County is not one of those counties, meaning prostitution and solicitation is not legal in Las Vegas. Our legal team can defend you against alleged claims about engaging in or soliciting prostitution.
Our law firm also defends clients who have been charged with the possession of marijuana, robbery, kidnapping, or using a fake ID.
De Castroverde Law Group – Experienced Defenders
As a father-son team, we understand the importance of keeping your criminal record clear of serious charges for the sake of your family and your future. We understand that a criminal conviction will affect you back home and may even cause you to lose your job and your driver’s license. As such, we are dedicated to doing everything in our power to protect you from facing these consequences.
Our firm is comprised of defense attorneys who truly understand all aspects of criminal law and know the steps to take if you have been arrested in Las Vegas. No matter what type of criminal misdemeanor or felony charge you may be facing, you can start building an aggressive defense strategy when you call De Castroverde Criminal & Immigration Lawyers. If you were arrested in Las Vegas, contact our firm today at 702-805-2694
What Can We Help You With?
De Castroverde Law Group has helped countless clients defend against serious charges, including:
World-Class Criminal Defense
Former district attorney Frank Johan Coumou discusses the De Castroverde Law Group’s unparalleled experience defending clients against all types of criminal charges.
How Can a Las Vegas Criminal Defense Lawyer Help Me?
De Castroverde Law Group is dedicated to helping someone like you. Someone who has been criminally charged, who has been arrested or someone who knows that they are under criminal investigation. These are frightening scenarios and are usually accompanied by high levels of stress. If you find that you are in a situation similar to this, we highly encourage you to look around our site. Your Las Vegas criminal attorney can do the following:
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Conduct / oversee all communication with law enforcement to help ensure you do not say something that may result in unintentionally incriminating yourself;
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Work with professionals in forensics and other fields to conduct an independent investigation;
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Interview witnesses and law enforcement to get a clearer picture of what occurred – possibly to uncover information or evidence in your favor;
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Negotiate with the prosecuting attorney to lessen the charges and therefore the potential penalties that you may otherwise face; and
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In criminal court, your Las Vegas criminal lawyer can assert your rights and help the judge and jury understand your side of the story in order to work toward a ruling in your favor.
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If you have been accused and are looking for high-quality representation, you should not hesitate to consult with a Las Vegas criminal lawyer from our firm. De Castroverde Law Group is prepared and determined to offer you dedicated and detailed legal defense, and we provide attentive legal guidance to support our clients’ entire proceedings.We have been successful in helping countless clients to get their lives back on track and can help you to fight for your legal rights.
Information & Frequently Asked Questions
Understanding the criminal trial procedures and overall process is crucial when you have been charged in Las Vegas. A trial may seem tidy on television shows, but it is usually a long and technical process which can take months or even years to resolve. There are many aspects to a trial, the first of which is deciding whether the defense wants the trial to be done by judge or jury. If it is to be done by jury, the selection process, known as “voir dire,” consists of the prosecution and defense asking questions to potential jurors.
In a trial, surprises are not allowed. Witnesses must be submitted beforehand, and both parties given the opportunity to question them. Any relevant evidence must also be submitted beforehand and agreed upon by the judge and opponent. Witnesses and evidence can be deliberated, as one party is allowed to argue against something being allowed in trial.
Cross-examination of witnesses happens next, and your lawyer can question the validity of their claims. If they feel that the prosecution has not produced enough evidence to convince a jury of guilt, they can move to have the trial dismissed. If that is not granted, then the defense will have the opportunity to show inaccuracies in the prosecution’s case. After all of this, each side presents closing arguments, and the jury is given instructions before the deliberate everything they have heard. The final step is verdict and, if necessary, sentencing.
Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not guilty plea, in which your attorney will procure evidence and witnesses to build your case.
This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to just think that you did it; the evidence has to be almost overwhelming. If it’s applicable, you and your lawyer will use the alibi defense. If the crime occurred at a certain time or place, and you can provide evidence that you weren’t there. For example, if the crime happened between 9:00 and 11:00 pm, but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.
Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be released from prison after an arrest, and is determined by the judge of magistrate. This release is temporary, and is usually also made under the condition that you will appear in court.
Bail is set based on the nature and severity of the offense for which you are accused. Another thing that the judge considers is the likelihood that you will attempt to leave town or break the law again should you not be in prison. A “bail algorithm” is used which considers several other factors, such as age, health, criminal history and record of failing to appear in court, if one exists. This is done to avoid any accusation of bias against or towards the defendant.
The magistrate has the authority to set a bail amount as they see fit. A person arrested for drunk driving will have their bail determined by how far over the legal limit they were, whether they caused an accident and whether there are any injuries. For all other crimes – from petty theft to murder and everything in between – the bail will be set by a judge. The amount of bail for domestic violence or battery is predetermined by Nevada state law, and depends on whether you saw a judge or magistrate and how long after the crime you were admitted:
$3,000 – If the person has no prior arrests and there’s no reason to believe that the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours, violating a restraining order, stalking or harassment would also receive this bail amount.
$5,000 – If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one previous conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking or harassment.
$15,000 – If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking or violating a restraining order.
Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.
No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all of the rights you as an inmate would have:
Freedom of speech and religion – You still have the right to communicate with family and the outside world, as well as send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk are not allowed to be confiscated.
Medical and mental health care – All of your needs in this regard have to be met. Whether it’s something simple such as asthma and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.
Cruel, inhuman and degrading conditions – This pertains to many things: overcrowding, violence or abuse and mistreatment based on race, gender or religion are against the law.
If you have been incarcerated and you feel your rights in any regard have been violated, seek counsel from an experience attorney. Constitutional rights are extended to all citizens no matter what, so if these protections aren’t afforded to you by the prison officers, you have a right to a lawsuit.
What Our Clients Say About Us.
By far the best lawyers you could ask for. They completely alleviate you from any stress and hassles from your case and they always end up giving good news. I’m so happy I was able to utilize De Castroverde Accident & Injury Lawyers and would never consider going anywhere else. Craig Hendricks and his team are phenomenal. Gianna G.
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