CRIMINAL LAW

Being charged with a crime is a very serious matter. If convicted, the court may impose a fine, imprisonment, community service, civil sanctions, and/or order the person to pay restitution to the victim(s). Any person who is 18 years of age may be tried as an adult. Additionally, a person 14 years of age or older may be tried in Nevada as an adult for felonies.

In Nevada, crimes are classified into three major categories: misdemeanors, gross misdemeanors, and felonies. Misdemeanors are the least serious offenses, generally punishable by up to six months in county jail, a fine up to $1,000.00, and/or community service. Gross misdemeanors are more serious offenses, generally punishable by up to one year in county jail, and/or a fine up to $2,000.00. Felonies are the most serious offenses. Depending on the severity of the crime, felonies are punishable by at least one year in state prison and possibly a substantial fine. First degree murder is punishable by life imprisonment or death.

If you are ever stopped by the police for any reason, you should try to remain calm. You should never resist or run away, since both constitute a crime. Also, if you resist or run away, the police may physically restrain you and, under very limited circumstances, may even utilize deadly force against you.

Generally, if you are arrested, the police must advise you of your Miranda rights. Never sign anything the police give you unless your attorney has advised you to do so. On the other hand, you may choose to answer questions, give a statement, or take tests. Any information you voluntarily give to the police may be used as evidence against you in court. However, once you begin to answer questions or give a statement, you have the right to stop at any time or to wait for your lawyer before continuing. Furthermore, law enforcement officers can never use force or threaten you into answering questions and cannot offer leniency in exchange for any written or oral statements.

You have a constitutional right to say nothing and go to trial. The fact that you invoked your right not to answer questions cannot be used against you at trial. In fact, at trial, you are presumed innocent until proven guilty beyond a reasonable doubt.