Felony Crimes

The Difference Between White Collar Crimes in Nevada State and Federal Court

October 6, 2024 | Hofland & Tomsheck

The Difference Between White Collar Crimes in Nevada State and Federal Court

White-collar crimes, often associated with fraud, embezzlement, bribery, and financial deception, carry serious legal consequences in both Nevada state and federal courts. While these crimes generally involve non-violent, financially motivated conduct, the complexity of prosecuting them differs depending on whether the case is handled by state or federal authorities. Understanding the distinctions between white-collar crimes prosecuted in Nevada state courts versus federal courts is critical for anyone facing charges or seeking to avoid potential legal pitfalls.

This blog will explore key differences between state and federal white-collar crimes, the penalties for each, and why having an attorney who is licensed to practice in both jurisdictions, such as Josh Tomsheck of Hofland & Tomsheck, is essential for mounting a strong defense.

How Misunderstandings Can Lead to Battery Domestic Violence Charges in Nevada

October 4, 2024 | Hofland & Tomsheck

How Misunderstandings Can Lead to Battery Domestic Violence Charges in Nevada: A Closer Look at Las Vegas BDV arrests and Defense Strategies

In Nevada, battery domestic violence (BDV) is a serious crime with life-changing consequences. However, not every charge of domestic violence is clear-cut. In fact, many cases stem from misunderstandings, miscommunications, or heightened emotions during tense moments. Unfortunately, Nevada law mandates immediate arrests in domestic violence cases when officers believe there is probable cause. This can lead to innocent individuals being arrested and facing significant legal battles. In Las Vegas, Attorney Josh Tomsheck has extensive experience defending clients against domestic battery charges that arise from misunderstandings. His legal expertise routinely results in dismissals, ensuring that clients do not suffer unjust consequences.

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How Misunderstandings Lead to Domestic Violence Charges

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

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.

Wait a minute, I didn’t steal anything – – So why am I being charged with Burglary??

October 11, 2013 | Hofland & Tomsheck

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.