A Simple Guide to Understanding Your Legal Options
Felony charges can be scary and confusing.
But in Nevada, there are some ways you can reduce these charges. Always remember, this guide is just a start.
It would help if you always talked to a good lawyer, like those at The Rosenblum Allen Law Firm, for advice about your specific situation.
1. Plea Bargains
Sometimes, your lawyer might negotiate a “plea bargain” with the prosecutor. This is an agreement where you plead guilty to a less severe charge. For example, a felony might get reduced to a misdemeanor. This usually happens if there’s a chance the state could lose the case or if the court system is very busy.
2. Pre-Trial Motions
Before the trial, your lawyer can make “pre-trial motions” to remove specific evidence. If these motions are successful, the prosecutor’s case might become weaker. This could lead them to reduce the charges.
3. Diversion Programs
Nevada offers “diversion programs” for some offenses. Here, the defendant agrees to complete specific requirements. These might include therapy, community service, or drug treatment. If you complete the program successfully, the court may dismiss or reduce your charges.
4. Proving Insufficient Evidence
Sometimes, the evidence against you might not be strong enough. If your lawyer can prove this, the charges against you might be reduced or even dismissed.
5. Exploiting Legal Technicalities
Legal rules must be followed when collecting evidence or during an arrest. If these rules aren’t followed, the evidence gathered may not be used in court. This could lead to the reduction of your charges.
Why You Have Not Hired a Felony Defense Attorney Yet
Watch this short video to take the next big step toward defending your rights against a felony charge.
Breaking It All Down for You
Nevada has several potential strategies to reduce a felony charge, including plea bargains, pre-trial motions, diversion programs, proving insufficient evidence, and exploiting legal technicalities.
Plea bargains involve negotiating a deal where the defendant pleads guilty to a lesser charge.
Pre-trial motions can challenge the legality of evidence.
Diversion programs pause court proceedings while the defendant completes counseling or community service requirements.
Proving insufficient evidence means demonstrating that the prosecution’s evidence is not strong enough to secure a conviction.
Exploiting legal technicalities involves identifying procedural errors in the arrest or evidence collection process.
All these strategies require the expertise of a skilled defense attorney, such as those at The Rosenblum Allen Law Firm in Las Vegas.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor?
A felony is a more severe crime than a misdemeanor. Felonies often involve violence, and the penalties can be tricky, including prison time and hefty fines. Conversely, misdemeanors are less serious offenses and are usually punishable by shorter jail sentences and more minor penalties.
Are plea bargains always available in Nevada?
No, plea bargains are not always available. The decision to offer a plea bargain is up to the prosecution and depends on the case’s specifics.
Who qualifies for diversion programs in Nevada?
Eligibility for diversion programs varies. They are often available to first-time offenders or individuals charged with minor, non-violent crimes. However, the final decision rests with the court.
What happens if my lawyer can prove there is insufficient evidence?
If your lawyer can prove insufficient evidence to support the charge, the court may dismiss your case, or the prosecutor may decide to reduce the charges.
What are some examples of legal technicalities that could help my case?
Legal technicalities could include a lack of probable cause for your arrest, improper Miranda warnings, or unlawful search and seizure. Any evidence obtained may be ruled inadmissible if your rights were violated in these or other ways.
Can I represent myself in court?
While you can represent yourself in court, it’s generally not advised. Legal proceedings can be complex and confusing; a skilled defense attorney can provide vital guidance and expertise.
What should I look for in a defense attorney?
You should look for an attorney with experience in the type of charges you’re facing, a good track record, and someone who communicates clearly and keeps you informed about your case. The Rosenblum Allen Law Firm in Las Vegas provides all these qualities.
What should I do if I’m arrested and charged with a felony in Nevada?
If you’re arrested and charged with a felony, you must exercise your right to remain silent and request an attorney immediately. Any statements you make can be used against you in court.
Do reduced charges still show on a criminal record?
Yes, reduced charges will still show on a criminal record, but they may have less impact than a felony charge. It’s important to discuss the implications of decreasing charges with your attorney.
Glossary
Felony: This crime category is considered more severe and usually has harsher penalties. Felonies can include violent crimes like murder but also non-violent crimes like fraud if they are powerful enough.
Misdemeanor: A less severe crime than a felony. Misdemeanors can include things like petty theft or minor drug possession. Penalties for misdemeanors are usually less stringent than for felonies.
Plea Bargain: An agreement in a criminal case where the defendant agrees to plead guilty to a less severe charge or just one of several charges in exchange for a more lenient sentence or dismissal of the other charges.
Prosecutor: A lawyer who conducts a case against a defendant in a criminal court. In the context of this article, the prosecutor represents the state of Nevada.
Pre-Trial Motions: Legal motions filed before a trial begins. These can be used to challenge the admissibility of evidence, dismiss charges for insufficient evidence, or request a change of venue, among other things.
Diversion Programs: Court-ordered programs allow a person accused or convicted of a crime to avoid criminal charges or a sentence. These programs often involve community service, rehabilitation programs, or educational courses.
Insufficient Evidence: When the prosecution does not have enough evidence to prove beyond a reasonable doubt that the defendant committed the crime.
Legal Technicalities: These are issues related to the correct legal procedures. If the police or the prosecution make a mistake, such as not reading your rights at the time of arrest, it could result in evidence being thrown out or a case being dismissed.
Defense Attorney: A lawyer representing the defendant in a lawsuit or criminal prosecution. The defense attorney presents evidence to defend their client, challenges the prosecution’s evidence, and seeks to persuade the jury or judge in their client’s favor.
Probable Cause: This is the standard by which police authorities have reason to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. It also refers to the standard to which a grand jury believes a crime has been committed.
Miranda Warnings: Also known as Miranda rights, these are a type of notification required to be given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Unlawful Search and Seizure: A search or seizure of a person or their property conducted without a warrant or probable cause, violating the person’s Fourth Amendment rights.
Criminal Record: A record of a person’s past criminal history, including arrests, charges, convictions, and sentences. This record can be accessed by certain people, like law enforcement officials and some employers, and can affect a person’s future in various ways.
Additional Resources for You
Our lead attorney, Molly Rosenblum Allen, Esq., has not only been an invaluable asset in the courtroom but also a prolific creator of resources designed to assist you in times of legal uncertainty. For those seeking guidance and understanding of complex legal concepts, we encourage you to explore the wealth of knowledge she has provided. Below is a list of topics, along with links, that she has meticulously developed:
Double Jeopardy: Understand the intricacies of being tried twice for the same offense and how the law protects you from such instances. Read more.
Hung Jury: Learn what happens when a jury cannot agree on a verdict and the implications it might have on a trial. Explore further.
Circumstantial Evidence: Gain insight into how indirect evidence can influence the outcome of your case. Delve deeper.
Indicted vs Charged: Clarify the difference between being indicted and being charged, and understand the legal process each term entails. Find out more.
Difference Between Jail and Prison: Understand the distinctions between these two types of incarceration facilities and what life is like in each. Learn more.
What are Miranda Rights: Familiarize yourself with these crucial rights to ensure you are protected during police encounters. Read further.
How to Check if You Have an Outstanding Warrant: Discover the steps to determine if there are any outstanding warrants against you. Check here.
What to Look for in a Criminal Defense Lawyer: Learn what qualifications and characteristics are essential when choosing legal representation. Find out here.
Should You Accept a Plea Bargain: Understand the implications and considerations of accepting a plea bargain in your case. Consider the details.
Molly Rosenblum Allen, Esq. is committed to providing accessible legal knowledge and resources. Whether you’re grappling with a specific legal issue or simply seeking to broaden your understanding, these resources offer valuable insights and guidance.
Offsite Resources You May Find Helpful
Here are seven offsite resources that may be of interest to you. They all offer valuable information related to legal matters, particularly those relevant to criminal defense:
American Civil Liberties Union (ACLU): The ACLU provides a wealth of information on civil liberties, including rights when dealing with law enforcement.
National Association of Criminal Defense Lawyers (NACDL): The NACDL offers resources about criminal defense and the rights of defendants.
Federal Bureau of Investigation (FBI) – Crime Statistics: The FBI’s site includes crime statistics and other information which can be useful for understanding the broader context of crime in the United States.
U.S. Department of Justice: The DOJ provides resources about the U.S. justice system, rights of defendants, and more.
Legal Information Institute (LII) at Cornell Law School: The LII offers a wealth of legal resources, including an extensive legal dictionary and encyclopedia.
The Innocence Project: This organization works to exonerate the wrongly convicted through DNA testing, and advocates for criminal justice reform.
Justia: Justia offers free case law, regulations, legal articles, and a legal dictionary, making it a useful tool for general legal research.
A Special Message From Our Lead Attorney
Molly Rosenblum, Esq
Dear Reader,
I am writing to express my deepest gratitude for your time and interest in exploring the resources we’ve provided. As the founder of Rosenblum Law Firm, I’ve dedicated my career to supporting and guiding those needing legal assistance, particularly in challenging times.
Our goal is to help you navigate the complexities of the legal system, and the resources we provide are part of our ongoing commitment to that mission. We understand that every situation is unique and often requires personalized advice.
Therefore, I warmly invite you to schedule a free consultation with us. During this consultation, we can discuss your circumstances in greater detail, answer your questions, and explore potential strategies for your defense.
Please call us at (702) 433-2889 to schedule your free consultation. My team and I look forward to the opportunity to assist you further.
Kind regards,
Molly Rosenblum, Esq.
