Las Vegas Criminal Attorney Blog

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.

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

So you’ve been arrested in Las Vegas? Now what? Important factors in Bail release

April 19, 2013 | Hofland & Tomsheck

So you’ve been arrested. Or maybe your family member or loved one has. It’s a scary thing to be taken into custody. One of the most commonly asked questions of a criminal defense lawyer in Las Vegas is how to get out of custody after arrest.

The most common way to get out of custody after an arrest is by posting a bail or bond. The purpose of bail is to ensure that the person posting the bail will return to Court.

In ALMOST every case, a person charged with a crime is entitled to a bail and is able to post a bond. This is a right that is carved out in our Nevada Constitution. Article 1, Section 7 of the Nevada Constitution provides that “all persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.”

I say in ALMOST every case because there are a few exceptions to a person’s entitlement to bail. For instance, Nevada Revised Statute (“NRS”) 178.484 deals with a person’s right to bail before a conviction, as well as the exceptions to that right. It states that “a person arrested for an offense other than murder of the first degree must be admitted to bail.” However, according to NRS 178.484(2), a person who is arrested for a NEW felony while on probation or parole for a different offense must not be admitted to bail unless certain requirements are met. Additionally, NRS 178.484(4) addresses when a person is arrested for First Degree Murder by saying “a person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.” Finally, when a person fails to show up to Court, and a Bench Warrant has issued, that person can be held without bail pending the resolution of the case.

In the vast majority of cases that don’t fall into the categories described above, the Nevada Legislature has told the Court what factors to consider when setting bail. NRS 178.498 tells the Court that if a Defendant who has been charged with a crime is given bail, the bail must be set at an amount which in the judgment of the judge making the decision “will reasonably ensure the appearance of the defendant and the safety of other persons and of the community” taking into considerations such as “the nature and circumstances of the offense charged,” “the financial ability of the defendant to give bail,” “the character of the defendant” and “the factors listed in NRS 178.4853.”