Nevada Criminal Laws

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

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?

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 United States Sentencing Commission’s 2023 Changes to Federal Sentencing Guidelines: Impact on Nevada Federal Court Cases

September 20, 2024 | Hofland & Tomsheck

The United States Sentencing Commission’s 2023 Changes to Federal Sentencing Guidelines: Impact on Nevada Federal Court Cases and How Josh Tomsheck Can Help

On November 1, 2023, the United States Sentencing Commission (USSG) implemented significant updates to the Federal Sentencing Guidelines, reshaping how federal courts sentence individuals for crimes across the U.S., including in Nevada. These changes, aimed at enhancing fairness and addressing sentencing disparities, affect numerous types of federal offenses, such as drug trafficking, firearm violations, and white-collar crimes. For defendants in Nevada, the new guidelines have direct implications for sentencing outcomes, and understanding how these changes apply is critical for those facing federal charges.

In this blog post, we’ll explore the key updates to the federal sentencing guidelines, including specific references to the USSG sections involved. We’ll also explain how these changes impact federal cases in Nevada and how attorney Josh Tomsheck can help individuals navigate these new complexities to achieve the best possible outcomes.

Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

September 16, 2024 | Hofland & Tomsheck

Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

In 2019, Nevada enacted Assembly Bill 236 (AB 236), a comprehensive criminal justice reform law that introduced significant changes to the state’s criminal justice system. AB 236 aimed to address growing concerns over prison overcrowding, excessive sentencing, and rising costs associated with Nevada’s criminal justice system. The law focuses on reducing incarceration rates, implementing more proportionate sentencing, and promoting rehabilitation over punishment for non-violent offenders. The changes brought by AB 236 impact almost all areas of criminal law in Nevada, including sentencing guidelines, probation, parole, and specific crime classifications.

For individuals facing criminal charges in Las Vegas, understanding the changes introduced by AB 236 is essential. The reforms not only alter how certain crimes are prosecuted and penalized, but they also create new opportunities for defendants to seek more favorable outcomes, such as reduced sentences or diversion programs. In this blog post, we will explore the key provisions of AB 236, its impact on criminal cases in Las Vegas, and how hiring an experienced defense attorney like Josh Tomsheck can help you navigate these changes effectively.