Constitutional Rights

Understanding the Difference Between Assault and Battery Under Nevada Law

October 2, 2024 | Hofland & Tomsheck

Understanding the Difference Between Assault and Battery Under Nevada Law

In Nevada, the terms “assault” and “battery” are often used interchangeably in everyday conversation, but they have distinct legal meanings and consequences. Knowing the difference between these two offenses is crucial, especially if you or someone you know is facing criminal charges related to either. This blog post will explore the definitions of assault and battery under Nevada law, their respective penalties, and common defenses that may apply to each charge. We’ll also provide references to the relevant Nevada Revised Statutes (NRS) to help you better understand the legal framework surrounding these crimes.

What is Assault Under Nevada Law?

Understanding Nevada’s Drug Laws: From Possession to Trafficking

September 28, 2024 | Hofland & Tomsheck

Understanding Nevada’s Drug Laws: From Possession to Trafficking

Navigating Nevada’s drug laws can be a complex and overwhelming experience for anyone facing charges. Whether you are accused of simple possession or trafficking a controlled substance, the consequences can be severe and life-altering. As one of the most stringent states in terms of drug enforcement, understanding the nuances of Nevada’s drug laws is essential for those facing charges and their loved ones. This guide will provide a comprehensive overview of the distinctions between possession, intent to distribute, and trafficking, as well as the potential penalties associated with each offense.

Categories of Drug Crimes in Nevada

How to Get Lower Bail or an Own Recognizance Release in Nevada

September 26, 2024 | Hofland & Tomsheck

How to Get Lower Bail or an Own Recognizance Release in Nevada

Facing criminal charges and the possibility of spending time in jail while awaiting trial can be a daunting experience. For many, the ability to secure bail or an own recognizance (OR) release can make a significant difference in preparing a strong defense and maintaining normalcy during the legal process. In Nevada, the laws governing bail and release are primarily found in NRS Chapter 178. Understanding these laws and how to effectively argue for a reduction in bail or an OR release is crucial for anyone involved in the criminal justice system. In this blog post, we will explore the options for obtaining lower bail or an OR release, the factors the court considers, and how an experienced attorney like Josh Tomsheck can help you achieve the best possible outcome.

Understanding Bail and Own Recognizance Release

The United States Sentencing Commission’s 2023 Changes to Federal Sentencing Guidelines: Impact on Nevada Federal Court Cases

September 20, 2024 | Hofland & Tomsheck

The United States Sentencing Commission’s 2023 Changes to Federal Sentencing Guidelines: Impact on Nevada Federal Court Cases and How Josh Tomsheck Can Help

On November 1, 2023, the United States Sentencing Commission (USSG) implemented significant updates to the Federal Sentencing Guidelines, reshaping how federal courts sentence individuals for crimes across the U.S., including in Nevada. These changes, aimed at enhancing fairness and addressing sentencing disparities, affect numerous types of federal offenses, such as drug trafficking, firearm violations, and white-collar crimes. For defendants in Nevada, the new guidelines have direct implications for sentencing outcomes, and understanding how these changes apply is critical for those facing federal charges.

In this blog post, we’ll explore the key updates to the federal sentencing guidelines, including specific references to the USSG sections involved. We’ll also explain how these changes impact federal cases in Nevada and how attorney Josh Tomsheck can help individuals navigate these new complexities to achieve the best possible outcomes.

Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

September 16, 2024 | Hofland & Tomsheck

Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

In 2019, Nevada enacted Assembly Bill 236 (AB 236), a comprehensive criminal justice reform law that introduced significant changes to the state’s criminal justice system. AB 236 aimed to address growing concerns over prison overcrowding, excessive sentencing, and rising costs associated with Nevada’s criminal justice system. The law focuses on reducing incarceration rates, implementing more proportionate sentencing, and promoting rehabilitation over punishment for non-violent offenders. The changes brought by AB 236 impact almost all areas of criminal law in Nevada, including sentencing guidelines, probation, parole, and specific crime classifications.

For individuals facing criminal charges in Las Vegas, understanding the changes introduced by AB 236 is essential. The reforms not only alter how certain crimes are prosecuted and penalized, but they also create new opportunities for defendants to seek more favorable outcomes, such as reduced sentences or diversion programs. In this blog post, we will explore the key provisions of AB 236, its impact on criminal cases in Las Vegas, and how hiring an experienced defense attorney like Josh Tomsheck can help you navigate these changes effectively.

“I was arrested, but they never read me my rights”

October 20, 2013 | Hofland & Tomsheck

“I wasn’t read my rights when I was arrested. Was the arrest legal?” “Can I be prosecuted if I was never read my rights?” This issue comes up often when people have their first contact with the police or are arrested. In fact, we are often asked questions related to this scenario after a client or their loved one has been arrested or charged with a crime. Here at Hofland and Tomsheck, we want to clear up any confusion related to the legality of reading ones rights as we fight to put unfortunate situations such as this behind clients or their loved ones.

When do the police have to read me my Miranda rights?

You have probably all watched a television program where the police take their suspect into custody. What do they always say? “You are being arrested for the Murder of Mr. Jones. You have the right to remain silent. Anything you say can and will be used against you. You have a right to an attorney…” In the world of television, the scene usually cuts and all of a sudden the lawyers are in Court with the suspect. In the real world, the workings of a person’s rights such as these, called Miranda rights, are much different. The name Miranda rights, comes from the 1966 United States Supreme Court case of Miranda vs. Arizona. In that Continue reading ›