Articles Tagged with Arrest

In previous posts to this Blog, the law office of Hofland & Tomsheck has written information on the standardized bail schedules utilized by various Courts in Las Vegas and Clark County Nevada.  As with all things, this information is subject to change and updating.  On May 21, 2015, the Las Vegas Justice Court announced it was creating and releasing an newly updated Standard Bail Schedule for crimes withing its jurisdiction.  This applies to all felonies, gross misdemeanors, misdemeanors and other specific crimes.  This revised bail schedule becomes effective May 26, 2015.  When it goes into effect, all bookings into detention centers (“jails”) such as the Clark County Detention Center, will be governed by the new schedule.  Therefore, if you, or someone you know such as a loved one, is arrested anytime after 6:00 a.m. on May 26, 2015, their arrest and booking will be controlled by the new bail schedule.

The newly adopted STANDARD BAIL SCHEDULE changes the standard bail amounts in Las Vegas Justice Court which have been in effect since 2011.  The new schedule is as follows:

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What happens in Vegas stays in Vegas, right?  While that is the image that the powers that be in advertising have implemented as a clever way to get tourists to visit Las Vegas, the unfortunate reality is that in many cases, when a person acts outside the bounds of the law in Las Vegas, that person stays in Las Vegas – – in custody for a criminal offense.

While many individuals come to Las Vegas to take part in all that our 24 hour city has to offer and have no issues, many folks that visit our fair city step outside of the restraint they exhibit at home.  While vacationing in Las Vegas, many individuals do things they wouldn’t do at home – – such as staying out late, drinking alcoholic beverages and generally “letting loose.”  It stands to reason that this relaxed restraint can lead to activities a person may not take part in at home.  Overindulging in alcohol, depriving oneself of sleep and the like can cause a person to act in a manner which results in arrests or worse, criminal charges.

At the law firm of Hofland & Tomsheck, we consult weekly, if not daily, with people who have been arrested for such incidents.  Bar fights can lead to battery charges.  Spats with spouses can lead to charges of Battery Constituting Domestic Violence.  A desire to “party hard” can lead to possession of controlled substance charges.

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One question that is often asked by individuals consulting with our office when recently arrested for a crime has to do with the crime of Burglary.  Many people simply do not understand why they are booked on charges which include burglary.  Many people think that if they haven’t broken into a home or business, they can’t, or shouldn’t, be charged with the serious crime of Burglary.  This reaction is a natural one, given that when people hear the term “Burglar” they often get a mental image of the Hollywood cat burglar, clothed in all black, breaking into a business with a crowbar and sneaking out the back door with a shiny new television.  In Nevada however, there are literally thousands of different factual circumstances which amount to Burglary.

In Nevada, Burglary laws are contained in Nevada Revised Statute (“NRS”) Chapter 205, which covers “Crimes Against Property” and are specifically defined in NRS 205.060.  In contrast to the limited example of the cat burglar above, Nevada defines Burglary as occurring when someone enters any structure (such as a business, store, apartment, residence, home, house, room or a vehicle such as a car or truck) when the person entering has the intent to commit any of the following inside: larceny, assault, battery, obtaining money or property under false pretenses or any other felony.  Such a crime has serious consequences — Burglary is a category “B” Felony carrying the potential of 1-10 years in prison and a fine up to and including $10,000.00.

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One of the more common questions asked by people contacting my office after they, or a family member, has been arrested is – – “How much will bail be.”

While the State Court System in Las Vegas, more precisely in Clark County Justice Court, has had a “standard bail schedule” for many years, effective September 1, of 2011, the Court implemented a simplified system, which is commonly followed by Courts in Las Vegas when setting bail in criminal cases.

The Justice Court, Las Vegas Township STANDARD BAIL SCHEDULE can be found online and is often the main point of reference for judges setting bail in criminal cases.

The STANDARD BAIL SCHEDULE sets bail by individual offense or by level of offense, as identified in the Nevada Revised Statues (or “NRS”).

Some crimes have no standard bail and are typically referred to as “set in court” bail amounts.  In those instances, judges will traditionally listen to argument from the parties (the prosecutor and the defense attorney) before setting bail.  Among the offenses which are “set in court” amounts are:

Category “A” Felonies:

Category “A” Felonies are the most serious charges in Nevada.  By definition, a category “A” felony is any crime which can carry the potential of a life sentence.  They include the following crimes and offenses: MURDER, SEXUAL ASSAULT, FIRST DEGREE KIDNAPPING and HIGH LEVEL TRAFFICKING in a CONTROLLED SUBSTANCE; and

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