Criminal Defense Attorney

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.

COVID-19’s Impact on Nevada’s Inmate Population

April 30, 2020 | Hofland & Tomsheck

The current COVID-19 crisis is at the forefront of many Nevada citizens’ minds as individuals practice social distancing, wearing safety gear, and working remotely. One demographic that might be overlooked at this time are individuals who are currently incarcerated. As this public health crisis has developed, it quickly became clear to those involved in the prison systems in Nevada that measures desperately needed to be taken to avoid the spread of the Coronavirus in these populations. While detention centers, jails and prisons have implemented precautions including health screenings, tracking of symptoms, increased sanitation measures and isolation rooms, inmates continue to test positive for COVID-19.

This is a result of jails and prisons generally housing a large number of inmates (most of which share close quarters living spaces) and limited medical staff. However, all incarcerated individuals and detention center employees still maintain a right to life and adequate medical care. As a result, prisons across Nevada have begun to implement a variety of progressive changes to release non-violent inmates with underlying health conditions in order to do their part in slowing the spread of COVID-19 and “flatten the curve.”

This does not mean that all Nevada jails and prisons are opening their doors for anyone to leave as they please, but instead demonstrates that there is a recognized responsibility on behalf of law makers and law enforcement within the criminal justice system to protect the employees and inmates in their custody. During the onset of this crisis, numerous Nevada criminal defense attorneys began to make appeals to local government officials and the Courts on behalf of the rights of inmates in detention centers.

Arrested Visiting Las Vegas? What You Need to Know.

June 22, 2016 | Hofland & Tomsheck

There are countless attractions, conventions and events that come to Las Vegas on an annual basis which draw large crowds. Among the notable occasions which attract huge crowds of tourists and out of town guests are the National Finals Rodeo, The Las Vegas Strip New Year’s Eve Celebration, NASCAR Weekend, the International Consumer Electronics Show and the Electric Daisy Carnival. These events are fantastic draws at exciting venues and are all extremely well organized and well run, giving rise to their extremely high ticket sales and draws at the gate. However, as every visitor to Las Vegas is aware, Vegas is a “24 hour town.” There are things to do all day and all night, both on the Strip and off. In a city where the tourism board touts “what happens here stays here,” there are numerous opportunities not only to have safe family fun, but to get in trouble as well. For an unfortunate few, the attraction of the lights of the Vegas strip can lead to things they wouldn’t typically do at home – – – staying out too late, consuming too much alcohol and partaking in activities outside of their daily routine can all too often lead to dangerous and scary consequences. While it may be a slogan that “what happens here stays here,” many times the activities of tourists here to have a good time can lead to arrests and a trip to the county jail.

According to reports of the Las Vegas Metropolitan Police Department, during the 2016 Electric Daisy Carnival that occurred over the nights of June 17-June 20, more than 459,000 people crowded the Las Vegas Motor Speedway. Law enforcement officers made 101 felony arrests, all of which were narcotic related, 5 misdemeanor arrests, 19 misdemeanor citations, 8 arrests for driving under the influence and 13 traffic accidents occurred.

Many individuals may choose to “enhance” their party experience by using substances that are not readily available and are illegal to possess. Cocaine and ecstasy/MDMA, often times referred to as “molly,” two drugs that are closely associated with the party scene. These substances are however, illegal to possess, use or sell in Clark County and throughout Nevada. Possession of these substances leads to numerous arrests of tourists and travelers to Las Vegas. The police can arrest you and transport you to jail, for simply being in possession of these drugs, whether you are selling them or not. Worse, in some cases, Nevada Drug Laws allow the police to arrest and charge you with Trafficking of a Controlled Substance, based purely on the “weight” of the substance, even if it is simply possessed for personal use.

Las Vegas Justice Court Issues Newly Revised Standard Bail Schedule

May 21, 2015 | Hofland & Tomsheck

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:

“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 ›

What will my bail be? The Las Vegas Justice Court Standard Bail schedule

October 4, 2013 | Hofland & Tomsheck

NOTE: EFFECTIVE MAY 26, 2015, THE LAS VEGAS JUSTICE COURT BAIL SCHEDULE HAS CHANGED. PLEASE SEE OUR BLOG POST DATED MAY 21, 2015 FOR THE UPDATED BAIL SCHEDULE REFLECTED HERE:

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