Brian J Smith’s Answers

First of all, you cannot hire a public defender. A PD will be appointed to represent you if you are indigent and cannot afford to hire a lawyer. Here's my advice: hire the best lawyer you can afford. If you can't do that, ask the judge to appoint a lawyer (such as the PD). Beware of lawyers who make guarantees about the outcome of your case, or lawyers who will represent you for cut rate legal fees. You will be far better off with a PD than with either of those.

You should go to Las Vegas Metro Police and ask for a copy of your SCOPE, which is your Nevada criminal history. It's possible that a misdemeanor conviction from 1992 may not be on it. If it is, however, you are entitled to have the record of the conviction sealed. Simple misdemeanor convictions in Nevada may be sealed after two years. Contact a criminal defense lawyer to assist you with this.

Ellen, try calling the main number for LV Muni Court: 702-382-COURT. Give them your name and date of birth and they should be able to tell you if there is an active warrant. I am currently out of the country but will be back in Las Vegas after Dec. 7th. Please feel free to call me at 702-380-8248, or email me at brian@sincitycriminaldefense.com.

This is an extremely difficult question to answer. Quite frankly, given the nature of the charges and the fact that you said both have priors, I'm surprised that one of them was granted pretrial release. The usual factors considered by a judge are whether or not the defendant is a flight risk, and whether or not he is a danger to society. You've presented a set of facts where both defendants are facing charges with mandatory prison time. A lot more information would be needed before anyone...

Here's the legal definition, according to Nevada Revised Statutes: NRS 33.018 Acts which constitute domestic violence. 1. Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person...

Do not, under any circumstances, try to speak with the DA's office. They are not there to help you, and you risk providing them with more ammunition to use against your daughter. Legal fees can vary widely in Las Vegas. Hire the best criminal defense lawyer you can afford. If you can't afford the better lawyers in town, your daughter might qualify for representation by the Public Defender's office. She will be in far better hands with their lawyers than she would be with one of the cut-rate...

This is a very interesting set of facts, and there are, at least at first blush, some very significant search and seizure issues here. I have been handling major drug trafficking and possession cases for quite a long time, both in Nevada and New York. Cases that raise 4th Amendment issues, such as yours, sometimes have the best chance of keeping evidence out at trial. In general, a search warrant must be issued by a neutral and detached magistrate, and must specifically describe the place and...

The FBI maintains records of nationwide convictions through the NCIC (National Crime Information Center) database. The link to their website is http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm. You might try visiting LVMPD at their facility on Martin Luther King Blvd to ask their assistance in getting a copy of your record. Hope this helps.

I've represented other people who were charged with felony pcs under very similar circumstances, with very favorable results. The answers to the questions you have would best be discussed in consultation. Please feel free to contact me at 702-380-8248.

This is a complex question and the answer is, it depends. A lot more information would be needed to give you the correct advice, including what type of professional license you are seeking. I have experience in representing licensed professionals who have been charged in criminal cases. If you would like to discuss your matter please call me at 702-380-8248.