Las Vegas Injury Lawyers Blog

The first holding facility solely for transgender inmates is being established in Los Angeles. Expected to open by the end of May 2012, the holding facility will house transgender inmates until they are arraigned.

According to the Los Angeles Police Department (LAPD), the holding facility will also incorporate new rules focused on making transgender individuals feel safe and respected. Upon arrival, transgender inmates will no longer be pat down to determine their sex. After processing, both male and female clothing will be available to transgender inmates. Transgender inmates will be addressed by their preferred name, even if it is not their birth name. During their stay, they will also have the option to receive medical treatment, which includes hormone injections.

In 2007, the Transgender Working Group and the LAPD began to work to change the LAPD's policies toward transgender inmates. The new holding facility will prevent all transgender inmates from automatically being housed in male jail facilities. The LAPD stresses that the new holding facility will house transgender inmates only until they are arraigned. After arraignment, transgender individuals will be transferred to county jails which do not have separate transgender areas.

The State of Nevada has approximately 25 to 50 thousand transgender residents. Though Nevada does not have any separate detention facility for transgender inmates, Nevada is making progress on transgender issues. In October 2011, Nevada became the fifteenth state to afford protection to transgender individuals when the Nevada Legislature passed a bill to protect transgender individuals from workplace discrimination. This new bill also protects transgender individuals from housing and public accommodations discrimination. The Nevada business community hopes, that as with the Gay rights protection bill passed in 1999, the transgender rights protection bill will increase the number of transgender individuals that visit Las Vegas and other parts of the state.

Continue reading "LAPD Starts First Prison Program for Transgender Inmates" »

In 2007 and 2008, Corey A. Hill and Edward Dorsey were arrested for selling crack cocaine. Before they were sentenced, the Fair Sentencing Act (FSA) went into effect.

Under the Anti-Drug Abuse Act of 1986, individuals convicted of distributing smaller grams of crack cocaine received sentences similar to those for individuals convicted of distributing higher amounts of powder cocaine. Under the FSA, these disparities were corrected.

Hill and Dorsey appealed arguing that the 10 year mandatory sentences under the Anti-Drug Abuse Act could not be given to individuals sentenced after the FSA took effect. The 7th U.S, Circuit Court of Appeals denied their appeal holding that convictions handed down before the FSA went enacted, would be sentenced under pre-FSA guidelines, even if handed down after the FSA went into affect.

The U.S. Supreme Court is now considering whether the ruling by the 7th U.S. Circuit Court of Appeals is correct. Hill and Dorsey have argued they should receive reduced prison time per the FSA guidelines because Congress did not intend for judges to impose sentences under the old mandatory when it was clear the law was about to change. The 7th Circuit Court of Appeals continues to hold that "people who committed the same offense on the same date and may have done so with each other, [are] expected to get comparable punishment if they were comparably situated as to criminal history, and the solution that's being urged undermines that."

Hill and Dorsey's argument has been bolstered by the Justice Department, which no longer supports the 7th Circuits opinion. A ruling by the high court is expected by the end of June.

Continue reading "U.S. Supreme Court May Split on Crack Cocaine Sentencing" »

The Las Vegas District Attorney has formally charged a Clark County first grade teacher with a DUI. Noel Lardeo is charged with a Class B felony of driving and being in actual physical control while under the influence of intoxicating liquor causing death and/or substantial bodily harm to the victim. The charges include one count of driving under the influence of alcohol resulting in substantial bodily harm; one count of failure to stop at an intersection; one count of no registration in vehicle; two counts of no driver's license in possession; and one count of open container in vehicle while driving.

On February 5, 2012, Lardeo lost control of her car and struck a 15-year-old boy sitting on a nearby bus bench. According to witnesses, Lardeo hit the boy after speeding through a red light. After the Las Vegas Metropolitan police arrived, a police officer observed two open, partially consumed containers of vodka in Lardeo's car. Lardeo was then administered four field sobriety tests with Lardeo's consent.

On the Horizontal Gaze Nystagmus Test, six out of six clues indicated Lardeo was impaired. On the Wall-and-Turn Test, four of eight clues suggested Lardeo was impaired. On the One-Leg Stand Test, two out of four clues indicated Lardeo was impaired. Lardeo then failed a preliminary breath test. Though the complaint only states Lardeo's Blood Alcohol Content was at least .08% or more. Lardeo told the police that she had not consumed any alcohol since the night before the accident, and a low front tire caused her to lose control of her car.

The boy struck by Lardeo was critically injured; has had one leg amputated, and is still in critical condition. Neither Lardeo, nor her passenger, were injured in the accident.

Under Nevada law, for a first DUI offense in Las Vegas, punishment can include:
• 2 days to 6 months in jail OR 24 to 96 hours of community service with a suspended jail sentence of up to 6 months.
• a fine of $400 to $1000, plus court costs.
• 8 hours of DUI school at the driver's own expense.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 90 days, though a restricted driver's license allowing driving to and from work or in the course of employment can be applied for after 45 days of the suspension has passed.
• installation of an "ignition interlock device" for 3 to 6 months and/or submission to alcohol abuse assessment, if the BAC is .18% or higher.
If a second DUI offense occurs in Las Vegas within 7 years of the first DUI conviction, punishment can include:
• 10 days to 6 months in jail.
• a fine of $750 to $1000, plus court costs.
• 1-200 hours of community service.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 1 year.
• an Alcohol Assessment Evaluation.
• installation of an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program, if the BAC is .18% or higher.
If a third or more offense occurs within 7 years of the first DUI conviction, the DUI conviction becomes a felony, instead of a misdemeanor for the first two offenses, and punishment can include:
• 1 to 6 years in jail.
• a fine of $2-$5,000, plus court costs.
• mandatory attendance at a Nevada Victim Impact Panel.
• a revocation of one's driver's license for 3 years or more.
• an Alcohol Assessment Evaluation.
• an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program.

When a suspected drunk driver causes injury or death to another person, additional punishment and penalties can apply. /
Lardeo is being held without bail in the Clark County Detention Center. The preliminary hearing is set for 9 a.m. April 2 in Las Vegas Justice Court. The Clark County School District has placed Lardeo on an unpaid administrative leave. Under school district rules, a felony conviction is grounds for termination for any school district employee.

Continue reading "Las Vegas District Attorney Charges Elementary Teacher with DUI " »

In a recent Nevada criminal case for drug possession, the presiding judge, Clark County District Court Judge Douglas Herndon, recused himself from the case citing his unhappiness with the plea deal struck between the state attorney general's office and defense attorney. Many have questioned whether Judge Herndon not only was correct in his recusal, but whether he should have recused himself from the case altogether.

The Nevada Code of Judicial Conduct Rule 2.11 outlines when a judge is disqualified or should recuse themselves from adjudicating a matter. Under Rule 2.11 a judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned. A judge's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed by either the prosecution or defense.

While there is no rule that dictates whether the disqualification or recusal should occur before, during, or after the trial, it is widely accepted that any disqualification or recusal should occur when the impartiality occurs. When the disqualification or recusal is for impartiality, the reason for the impartiality must be disclosed on record.

In the matter on which he recused himself, Judge Herndon was hearing a case where the defendant was a former colleague. During a routine traffic stop in March, cocaine was found in the car of now former Deputy District Attorney David Schubert. As the former Chief Deputy District Attorney in charge of the Special Victims Unit, Judge Herndon and Schubert worked at the district attorney's office during the same time. At the time the case was assigned, Judge Herndon did not feel an obligation to recuse himself because though he and Schubert were colleagues; their relationship was one of a professional, not personal, nature. Neither the state attorney general's office nor Schubert's attorney requested a recusal.

After his arrest Schubert resigned from the district attorney's office. The state attorney general's office, which took over the case because of the conflict between Schubert and the district attorney's office, then struck a deal for Schubert to plead guilty to felony cocaine possession charges, with a sentence of probation. During the sentence hearing, Judge Herndon refused to accept the plea deal noting that Schubert was "getting a better deal than people you've prosecuted." That as a former prosecutor, his feelings for the sentence made it probably made it impossible for him to hand down the "too lenient" sentence because "I don't think that's just and proper." Judge Herndon also stated that as a prosecutor himself, Schubert, should have held himself to "a higher sense of responsibility."

Both the state attorney general's office and defense attorney felt the sentence was fair for a first time offender.

Now that Judge Herndon has recused himself, the case will be put back on the district court's master calendar, and then assigned to a new judge for a new sentence hearing.

Continue reading "Judge's Impartiality Can Impede Sentence Hearing" »

With endless parties and unending booze, Las Vegas is the nation's ultimate Sin City. And while what happens in Vegas should stay in Vegas, one stay locals and visitors do not enjoy is a stay at the local jail, which occurs if one is arrested for a DUI.

Though Las Vegas isn't one of the top ten "drunkest" cities in the U.S., according to Men's Health magazine's 2010 list of America's "drunkest" cities, the "city that never sleeps" ranks 11. It also, under Nevada law, ranks as one of the toughest states on drivers caught driving under the influence of alcohol. A Las Vegas criminal defense attorney can help you navigate this legal stream.

Under Nevada law, a driver is deemed driving under the influence of alcohol and subject to arrest if the driver's Blood Alcohol Concentration (BAC) is at or above the following minimums:
• 0.02% for drivers under the age of 21
• 0.04% for commercial license holders
• 0.08% for everyone else.
And even if a driver's BAC is below the Nevada's Illegal Per Se Law limits, a driver with a lower but detectable amount of alcohol can also be arrested if they appear unable to safely drive a vehicle.

Most important, under Nevada's Implied Consent Law, a Las Vegas driver "implies" consent to have their BAC tested (blood, breath, or urine) by a police officer the moment they get into a car and drive. Refusal to cooperate is implied as a resist and gives the police the right to make an immediate arrest or even, though less likely, use reasonable force to carry out the test.

Once arrested, under Nevada law there are two types of penalties for suspected DUI's - administrative and criminal. The Nevada Department of Motor Vehicles handles administrative punishment and upon a DUI arrest in Las Vegas, a driver's license can be suspended. If the driver's BAC registers .08 or more, the Nevada Department of Motor Vehicles can revoke driving privileges and the police can take your license on the spot.

If found guilty of a DUI, criminal punishment is meted depending on whether it is your first, second, third, or more offense.
With a first DUI offense in Las Vegas, punishment can include:
• 2 days to 6 months in jail OR 24 to 96 hours of community service with a suspended jail sentence of up to 6 months.
• a fine of $400 to $1000, plus court costs.
• 8 hours of DUI school at the driver's own expense.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 90 days, though a restricted driver's license allowing driving to and from work or in the course of employment can be applied for after 45 days of the suspension has passed.
• installation of an "ignition interlock device" for 3 to 6 months and/or submission to alcohol abuse assessment, if the BAC is .18% or higher.

If a second DUI offense occurs in Las Vegas within 7 years of the first DUI conviction, punishment can include:
• 10 days to 6 months in jail.
• a fine of $750 to $1000, plus court costs.
• 1-200 hours of community service.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 1 year.
• an Alcohol Assessment Evaluation.
• installation of an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program, if the BAC is .18% or higher.

If a third or more offense occurs within 7 years of the first DUI conviction, the DUI conviction becomes a felony, instead of a misdemeanor for the first two offenses, and punishment can include:
• 1 to 6 years in jail.
• a fine of $2-$5,000, plus court costs.
• mandatory attendance at a Nevada Victim Impact Panel.
• a revocation of one's driver's license for 3 years or more.
• an Alcohol Assessment Evaluation.
• an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program.
If a suspected drunk driver causes injury or death to another person, additional punishment and penalties can apply.

Continue reading "DUI's are a Bigger Sin in the Sin City" »

6 Steps to Choose the Best Las Vegas Criminal Defense Attorney

It is scary to be a suspect in a criminal situation, worse to be arrested. Whether you are a Las Vegas local or visitor, protect yourself by hiring the best criminal defense attorney as early as possible. Here is a six step guide to getting the best legal help in the worst criminal situations.

Step 1: Chose a Las Vegas criminal defense attorney who specializes in the criminal area that applies to you. Some criminal defense attorneys are generalists. They accept any criminal case that pays. Some criminal defense attorneys handle criminal matters "on the side" or practice civil law too. A criminal defense attorney who specializes in a particular area knows the applicable laws and their nuances. What they don't know, they know where to find.

Step 2: Look for substantial and recent experience. To properly navigate the legal system, attorneys need practical experience. Since laws change, recent experience is helpful. Inquire how many cases similar to yours' the attorney has handled in the last few years, and of these, how many were resolved in the client's best interest?

Step 3: Since each courthouse has its own rules, look for a criminal defense attorney who has courtroom experience in your courthouse jurisdiction. And though not every criminal matter ends in a trial, if trial is a possibility, you want a criminal defense attorney who can represent you up to and including through a trial.

Step 4: Make sure your Las Vegas criminal defense attorney has an impeccable reputation. Is the attorney highly respected by law enforcement and courthouse personnel, including judges? Is the attorney referred by a friend or trusted source? Does the Nevada and Las Vegas Bar Associations make referrals to this attorney? Has the attorney been disciplined, or had numerous complaints/lawsuits filed against them?

Step 5: Meet the attorney at their office. Meeting face to face on the attorney's territory gleans information on how the attorney may work for you. Is the attorney's office run efficiently? Attorneys notoriously have messy desks, but a good attorney can quickly find anything. Are there enough support personnel so the attorney solely focuses on cases? Will other associates be involved in your case? If associates do more than research, meet them too. Ask the attorney about their present workload. Too many or few cases may be a sign you will not be adequately represented. Other red flags - the attorney did not call back or meet with you within a reasonable time; the meeting is rushed; during the meeting the attorney allows interruptions for nonemergency visits or phone calls. Lastly, for this attorney is it "just about the money?"

Step 6: Finally, go with your gut feeling. Does the attorney make you feel at ease? Is the attorney condescending or inconsiderate? You do not have to "like" the attorney, but getting along aids communication and avoids "not related to the case" issues.

Continue reading "6 Steps to Choose the Best Las Vegas Criminal Defense Attorney" »