Arrest and Bail

False Allegations of Domestic Violence in Nevada: How to Fight Back

February 17, 2025 | Hofland & Tomsheck

False Allegations of Domestic Violence in Nevada: How to Fight Back

Domestic violence charges in Nevada carry serious legal consequences, including jail time, mandatory counseling fines, and a permanent criminal record. They also carry “collateral consequences” that jeopardize employment options, second amendment (firearm) rights, child custody cases in family court and even immigration issues. Unfortunately, false allegations of battery domestic violence (BDV) are more common than many people realize. These accusations can stem from revenge, child custody disputes, divorce proceedings, or even misunderstandings.

If you have been falsely accused of domestic violence, you must take immediate action to protect your freedom, reputation, and future. A strong legal defense led by Josh Tomsheck, a board-certified criminal defense attorney, can help you fight back against false accusations.

How Prior Domestic Violence Convictions Affect Sentencing in Nevada

October 8, 2024 | Hofland & Tomsheck

How Prior Domestic Violence Convictions Affect Sentencing in Nevada: Case Studies and Legal Consequences

Domestic violence charges in Nevada are taken very seriously, with harsh penalties that escalate with each subsequent conviction. Nevada’s legal system imposes increasingly severe sentences for individuals who have prior domestic violence convictions, and the impact of a criminal record in these cases can be long-lasting and life-altering. Understanding how prior convictions affect sentencing is essential for anyone facing domestic violence charges in Nevada, especially in Las Vegas, where court systems are known to handle a high volume of these cases.

Attorney Josh Tomsheck, a nationally board-certified criminal defense attorney at Hofland & Tomsheck, has defended numerous clients with prior domestic violence convictions, helping them navigate the complexities of Nevada’s sentencing laws. In this blog post, we will explore how prior convictions affect sentencing for domestic violence offenses in Nevada, provide case studies to illustrate the legal consequences, and discuss strategies for mitigating the impact of a criminal record.

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?

Rule 5 Hearings in Federal Court: What you need to know

September 30, 2024 | Hofland & Tomsheck

Understanding a Rule 5 Hearing in Federal Court

Navigating the federal criminal justice system can be daunting, especially for those unfamiliar with its procedures and terminology. One of the initial steps in a federal criminal case is the Rule 5 hearing. This crucial hearing serves as the defendant’s first formal introduction to the federal court process and sets the stage for the progression of the case. In this blog post, we will explore what a Rule 5 hearing entails, its purpose, what to expect during the hearing, and how having experienced legal representation can significantly impact the outcome of this initial stage.

What is a Rule 5 Hearing?

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

How to Build a Defense for a Felony Residential Burglary Charge in Nevada

September 24, 2024 | Hofland & Tomsheck

How to Build a Defense for a Felony Residential Burglary Charge in Nevada

Being charged with felony residential burglary in Nevada is a serious matter that carries harsh penalties, including lengthy prison sentences and hefty fines. Nevada law defines burglary as entering a building with the intent to commit a felony or theft, making it one of the most severe property crimes in the state. When the crime involves a residential property, the stakes are even higher, as the charge is classified as a felony that can lead to significant long-term consequences.

If you or a loved one is facing felony residential burglary charges in Nevada, it is crucial to build a strong defense strategy to protect your rights, freedom, and future. At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board-Certified Criminal Trial Specialist, has extensive experience defending clients against serious charges like felony burglary. This blog post outlines how a defense for a residential burglary charge is built and how Josh Tomsheck can help you navigate this difficult legal process.

The Difference Between Residential Burglary and Home Invasion in Nevada: Understanding Nevada Law After 2020

September 22, 2024 | Hofland & Tomsheck

The Difference Between Residential Burglary and Home Invasion in Nevada: Understanding Nevada Law After 2020

In Nevada, both burglary and home invasion are serious criminal offenses that carry significant legal consequences. While these crimes both involve entering a building or dwelling unlawfully, the distinctions between them under Nevada law are important to understand. After the 2020 changes to Nevada law, the definitions and penalties for burglary and home invasion have been clarified, and understanding these distinctions can be critical when facing charges for either offense.

This blog will explore the key differences between burglary and home invasion under Nevada law post-2020, discussing the legal definitions, elements of each crime, penalties, and how a skilled defense attorney like Josh Tomsheck at Hofland & Tomsheck can help protect your rights if you are facing charges for either offense.

How to Select the Best Lawyer for a Las Vegas Domestic Violence Charge

September 14, 2024 | Hofland & Tomsheck

How to Select the Best Lawyer for a Las Vegas Domestic Violence Charge

Facing a domestic violence charge in Las Vegas can be a stressful, life-altering event. It’s crucial to approach the situation with the right legal representation to protect your rights and achieve the best possible outcome. However, determining who the “best” lawyer is for your specific case isn’t always straightforward. While many people may recommend the top attorneys in the area, it’s important to remember that “best” is a subjective term. What may be the ideal lawyer for one person might not be the right fit for someone else.

That said, if your primary concern is securing the best possible result in your Las Vegas domestic violence case, there are objective criteria you should consider when selecting an attorney. By focusing on these criteria, you can increase your chances of hiring a lawyer who will provide you with the most effective defense.

What a Nevada Supreme Court Opinion Means for Bail in Las Vegas:

April 30, 2020 | Hofland & Tomsheck

On April 9, 2020, the Nevada Supreme Court issued a published opinion in the case of Valdez-Jimenez v. Eighth Judicial District Court, 136 Nev. Adv. Op. 20. This decision made an impactful change to the procedure and restrictions in place that allow Nevada Courts to issue cash bail decisions for individuals awaiting trial. Bail decisions are, in theory, based on an individual’s flight risk and likelihood of future offenses should they be released pending trial – in an attempt to mitigate both the number of crimes being committed and prevent any speedbumps in the trial itself. As a result, a Judge’s choice to increase or decrease a cash bail amount has been based solely on the aforementioned factors.

However, in recent years the concept of cash bail has become one of great controversy. Those accused of crimes are theoretically entitled to a constitutional right of “innocent until proven guilty.” However, low-income individuals have been forced to spend their time in custody until trial simply because they have been unable to afford bail. Meanwhile, people with financial means who are facing the same charges are allowed to defend the allegations against them while out of custody, simply because they have ability to post a cash or surety bond.

Two particularly topical bail decisions for Jose Valdez-Jimenez and Aaron Willard Frye were brought forward in Nevada, as both defendants had high cash bail amounts set pending their trial and had the petitions to reduce or vacate these amounts denied, even though the courts could not explicitly say why these amounts were set so high. Thus, after reviewing these cases earlier this month, the Nevada Supreme Court issued an opinion which set for a new set of cash bail standards to improve these decisions in a way that makes the Nevada process of justice as fair and equal as possible.