If you or your business are facing criminal charges it is always well advised that you seek legal counsel prior to interrogation by law enforcement. Speaking to law enforcement without the proper representation can ultimately incriminate yourself further. Remember, you are innocent until proven guilty. Law enforcement may tell you that you have to meet with them to discuss your side of the story. This is not true. You do not HAVE to meet with them.
If you hire an attorney, they will contact law enforcement with a formal letter stating that they advised you not to speak with them and to contact the attorney’s office for any further questioning regarding the allegations. They will also request that if criminal charges are filed that law enforcement forwards the summons to the attorney’s office.
Do not lie to police. Lying to the police could add in addition to any other charges filed against you a felony charge for falsifying information to an officer. If an officer asks you questions you do have the right not to respond without the presence of your attorney.
Just because you were not read your Miranda rights does not mean that your charges are automatically dismissed. In the instance of a DUI charge you may not be read your Miranda rights. However, if you are brought into interrogation and are not read your Miranda rights and you respond to the questions asked they will not be able to use any incriminating statements against you in court.
To avoid self-incrimination contact Trenchak Law Firm today for a free consultation so that we can give you proper guidance on what to do in certain circumstances you may be facing. Obtaining legal counsel may subsequently keep you from going to jail and minimize if not eliminate the charges against you. We will even appear on your behalf in court for most all court proceedings.
Category A felonies in Nevada include first-degree and second-degree murder, first-degree kidnapping, using or promoting the use of a child in pornography, sexual assault, and battery with intent to commit sexual assault that results in substantial bodily harm.
Category B felonies include possession of child pornography (first offense), assault with a deadly weapon, and battery with intent to kill.
Category C felonies may include buying/receiving stolen goods (in the amount of more than $250 but less than $2,500), violating an order of protection (restraining order), and stalking by use of the internet, text-messaging or similar method.
Category D felonies are involuntary manslaughter, third-degree arson, and manslaughter.
Category E felonies include criminal gang recruitment by an adult and soliciting prostitution involving a child.
Gross Misdemeanor crimes in Nevada are stalking without use of the Internet (second or subsequent offense), indecent exposure (first offense), crimes against government property (resulting in damage between $250 and $5,000), and carrying a concealed weapon (first offense).
Misdemeanors in Nevada can include assault without a deadly weapon, battery without a deadly weapon, driving under the influence (first offense), prostitution, and petit larceny (shoplifting an item or items valued at less than $650).
Misdemeanor DUIis a first or second charge for a DUI. A charge on a third DUI results in a felony DUI.
For a free professional consultation contact Trenchak Law Firm at 702-550-1610 or visit our office at 1212 South Casino Center Blvd Las Vegas, NV 89104. We look forward to assisting you for ALL of your legal needs.