DUI after Halloween Party

If you or someone you know received a DUI after a Halloween Party in Las Vegas, Henderson, or anywhere in Clark County, Nevada, they should hire a Las Vegas DUI attorney to assist them with their criminal case.  It is important to have a skilled attorney review the evidence, even if the person thinks he or she is guilty.  Sometimes it is good to be exonerated on a technicality, especially when many other areas of your life can be affected by a DUI, including employment and family.

Call our firm as soon as you have a DUI charge and speak to no one but a licensed Nevada attorney about it.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

DUI season is upon us, have a lawyer ready.

It is very easy to get in trouble for Driving Under the Influence, especially in Las Vegas and Henderson in winter when all the partying takes place.  DUIs occur after Halloween parties, Thanksgiving parties, Christmas parties, and New Years parties.  You may think you are sober enough to drive, and then, a police officer pulls you over and arrests you for DUI.

You should memorize the phone number of a good criminal defense attorney who handles DUIs. Even if you are not going to get a DUI, someone close to you may and you will be ready to assist.  Give them our phone number.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

Visitation with the children over the holidays.

If your ex is already talking about denying you visitation of your children over the holidays, you need to hire a Las Vegas family lawyer as soon as possible to get before a judge.  The holiday season sometimes brings out the worst in people, and the worst in parents is usually their treatment of their children and the other parent.

Let us assist you in dealing with your ex, the other parent, in a Las Vegas family court.  You should not procrastinate, especially if your rights to see your child are pretty limited already.

Las Vegas Criminal Defense Lawyer will not Judge You.

If the criminal defense lawyer you consult with looks at you with disgust and it is obvious that he or she has determined in his or her mind that you are guilty, you ought to reconsider hiring that lawyer.  You have plenty of time to research and meet with great lawyers to find the best one for you and your case.

It is the judge's or the jury's job to judge guilt or innocence.  It is the job of the criminal defense attorney to analyze the evidence from a procedural and substantive view and then give you your options.  Your criminal defense lawyer should be able to give you an objective view of your case while, at the same time, not act rude towards you.

It is vital that you be honest with your criminal defense attorney.  Sometimes, your criminal defense attorney will not want your whole story, but, what you to tell, should be true.

At Louis C. Schneider and Associates, we do not stand in judgment of you. Come meet with us.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

When you want equal custody of your child or children in Las Vegas...

When you are facing a Las Vegas family law matter involving dividing your child or children, you must consider your parenting plan schedule that will work with your work or school schedule and that of the other parent. You may want to equalize the time-share, creating a fifty-fifty arrangement. We include below some examples of fifty-fifty time-share arrangements. 

Please realize, however, that you can have as low as forty-sixty time-share and still be consider a joint physical custodian of your child or children.   Also, the forty percent calculation is determined by looking at an entire year, not a week-to-week basis.  This law comes from the Nevada decision in Rivero v. Rivero.

Below we use “Parent F” and “Parent M” to refer to the two parents in a child division negotiation.

Alternating Weeks Parenting Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F in Week 1 and in the care of Parent M in Week 2. This results in the child living with Parent M for 7 days in Week 1 and with Parent M for 7 days in Week 2.

5-2-2-5 Child Custody Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F every Monday and Tuesday (2 days) and Parent M every Wednesday and Thursday (2 days) each week. The weekend time Friday through Sunday would be alternated (3 days) between the parents. This results in the child being in the care of Parent F for 5 days and Parent B for 2 days in Week 1 and in the care of Parent M for 2 days and Parent M for 5 days in Week 2.

3-4-4-3 Child Custody Schedule

This fifty-fifty parenting schedule occurs when the child or children is/are in the care of Parent F from Wednesday through Friday in Week 1 and Wednesday through Saturday in Week 2. The child would be in the care of Parent M from Saturday through Tuesday in Week 1 and Sunday through Tuesday in Week 2.

Sharing Holidays and Summer

It is common for the summer vacation time and holidays to be split between the parents. Many different manners of division of time-share for the summer time such as alternating weeks, alternating every two weeks, adding a larger block of time for vacation for each parent onto the regular schedule, etc. There are also many different ways holidays can be shared such as splitting the holiday time or alternating each year between parents. For example, the child can spend an agreed upon holiday with Parent F in even years and Parent M in odd years or visa versa.

The above are just examples of some common parenting plans for fifty-fitfy joint physical custody which can be altered and adjusted in many different ways to accommodate what’s best for the children, family situation and arrangements that are not an exact fifty percent timeshare.

Before you go to court or to mediation, you should consult with a Las Vegas family law attorney.  After your mediation and before you sign the agreement, you should consult with a Las Vegas family law attorney.  Failure to do so could result in legal consequences you may not have anticipated.

DUI Experience, your advocate in court.

Not every lawyer who handles DUIs are equal in skill and experience. Surprisingly, the differences in pricing and services are not that dramatic, so you can literally get a half-assed lawyer for the same amount as an experienced DUI attorney.  For the person seeking legal representation in a standard DUI case, attorneys’ fees may be fairly competitive.

Judges are not lenient with DUI cases, even if it is your first offense.  As a result, it’s important to realize that hiring a lawyer is in your best interests despite the costs.  In general, you will already be paying hefty fines for the DUI charge and risk the suspension of your driver’s license, depending on which stage of the legal process you are in.  Some judges may waive part of the fines, but there is nothing that can be done to waive the conviction.  That is something that could stay with you for the rest of your life.

Louis Schneider has represented many DUI clients both in negotiating acceptable settlements and at trials when negotiations fail.  Call us for help with your Las Vegas DUI.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

Top Ten Things a Good Criminal Defense Lawyer Needs

Good criminal defense requires an understanding of many components to the criminal case, including these ten items:

1.  Criminal procedural at every stage, from prearrest collection of evidence, post arrest treatment of suspects, to legal maneuvering in court and sentencing guidelines
2.  A thorough understanding of the substance of the crime charged, both as to the letter of the law as well as the spirit behind the law
3.  A thorough understanding of the procedural defences
4.  A thorough understanding of the substantive and affirmative defenses available in Las Vegas
5.  Insight into the Las Vegas judge's views on the type of crime
6.  Insight into the Las Vegas judge's potential sentences upon conviction
7.  Insight into the abilities of the particular Las Vegas prosecutor prosecuting the criminal charge
8.  A thorough understanding of all of the facts in the case
9.  A cooperative and communicative client who has not incriminated himself or herself through statements to others
10. Enough money to mount the case required to improve the chances of a dismissal or acquittal. 

REQUIRED DISCLAIMER

The information about Las Vegas criminal charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas defense lawyer should always evaluate your criminal law matter as soon as possible.  You should treat your criminal charge with the seriousness it requires.  Moreover, the information contained in this blog is not intended to guarantee any result.  Each case is unique and will require special attention by a criminal defense attorney.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

Parental rights termination proceedings require a clear judgment

Because even family law judges make mistakes in rendering family law rulings, it is best to have an attentive family law attorney represent you especially when your fundamental parental rights are at risk in a termination of parental rights action.

In April 2012, the Nevada Supreme Court ruled on a case involving termination of parental rights. The Nevada Supreme Court determined that the lower Nevada district family court must make express findings of fact in its written family court order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  In that specific family case, the district court had failed to find facts by the clear and convincing standard required to terminate a parents rights:

The court stated:

A petitioner in termination proceedings has the burden to prove by clear and convincing evidence that termination is in the child’s best interest and that parental fault exists.  When a district court fails to make any findings concerning this standard of proof in its order or on the record, this court is unable to determine on appeal whether substantial evidence supports the district court’s ruling.  In the present case, neither the district court’s order nor the record contains findings of fact to support the district court’s conclusions, and thus, we reverse the order terminating appellant’s parental rights and remand this matter to the district court to enter its findings.  

 In re Parental Rights as to C.C.A., 128 Nev. Adv. Op. No. 15 April 5, 2012 

In this case, the family trial court had a two day evidentiary hearing and then failed to either give an oral ruling or a written ruling that explained the findings of facts and conclusions of law to warrant the court terminating your parental rights.

When you say to yourself, I need an attorney for parental rights, call us.

REQUIRED DISCLAIMER

The information about termination of parental rights contained on this page is not intended to be legal advice about termination of parental rights.  Your termination of parental rights matter should always best be evaluated by a Las Vegas family lawyer.  You should treat termination of parental rights with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your termination of parental rights matter.  

At the very least, the best free advice a lawyer can give: consult with a local attorney—multiple times if necessary if you insist upon representing yourself.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

Traffic Ticket Lawyer in Las Vegas, Henderson, and Nevada Federal Court

Many residents and tourists are charged with traffic violations each year in and around Las Vegas, but few of them realize the problems associated with being convicted of the traffic charges.

When a person who is given a traffic citation by the police pleads guilty to the traffic violation, pays a fine, and attends traffic school, they probably have not considered the following ramifications associated with pleading guilty to a traffic citation:

•          Every conviction for a moving violation likely will raise your insurance rates.

•          Multiple convictions for traffic violations will likely result in a driver’s license suspension or license revocation. In Nevada, if you are convicted of driving with a suspended license, you may 
be restricted from acquiring a new license for a full year.

•          If you were involved in an automobile accident, received a moving citation, and are being sued civilly, the conviction may be used in the civil lawsuit to show that you were per se negligent.

•          If you have a commercial driver’s license (CDL), you may lose your license and the ability to earn a living. 

•          If you handle the traffic ticket by yourself, you will probably take at least 1 day off from work to go to court to resolve the ticket, and it is not a pleasant experience. 

As a result of convictions for moving violations, like simple speeding tickets, you will likely pay fines, court administrative fees, increased insurance costs, and attend traffic school. Further, you could suffer possible suspension or revocation of you driver’s license. If your Nevada license is suspended, you will not be able to obtain a license in any other State until the Nevada suspension is completed. On top of this, you will need to miss a whole day’s pay, just to go to court!

So, how can you likely prevent the headaches associated with the above for some minor traffic infraction?  You hire a criminal defense attorney with experience negotiating thousands of citations.  Louis Schneider has negotiated plea deals for misdemeanor traffic citations for many years and will bring his knowledge to the court for your matter and you will likely have to do little more than pay his fee, give him a copy of the citation, and then pay the fine to the court upon a negotiated deal.

When you say, I need a traffic ticket lawyer in Las Vegas, 

Call us: (702) 435-2121

Dogs Smell Bad, why this Matters for your Drug Arrest…

Did the police use a dog to sniff out drugs and then arrest you in Las Vegas, Henderson, or Southern Nevada for possession or intent to distribute or sell? 

If so, you should immediately call a Las Vegas criminal defense attorney who has experience with dog sniff drug cases.  Say nothing to the police before, during, or after the arrest.  In fact, say nothing to everyone except your criminal defense attorney.  Failure to remain silent could greatly negatively impact your defense.

Can the police use a drug dog to sniff out narcotics or other contraband? 

Yes!

Why?

Because…under the plain smell doctrine, if contraband can be detected by smell, this provides sufficient cause for the police to conduct a search without a search warrant if exigency so demands.  (Exigency means that the search has to be done now because waiting would cause some problem—i.e. the evidence would disappear).   Often, though, and depending on State or federal law, the police officer will wait for a magistrate to sign a warrant to conduct the search.  The same rules apply if a drug dog detects the odor. The plain smell doctrine is articulated in the United States Supreme Court opinion of Johnson v. United States 333 U.S. 10, 13 (1948).  As you can see, this rule has been around since at least 1948.  It is an extension of the “plain sight rule” which says that evidence indicating a crime has occurred that is in the plain sight of the police officer can be used as evidence even absent a search warrant.

Recently, though, the courts are questioning this police dog plain smell rule.  In California, for instance, a package of marijuana reeked and the police conducted a warrantless search.  Upon conviction for possession, the defendant appealed and now the higher courts are deciding whether the plain smell rule is constitutional and a valid extension of the “plain sight” rule. People v. Robey (S197735). 

Plain smell is more problematic than plain sight. For instance, a package may smell of drugs because it was somewhere that drugs had been, but the package itself contains private belongings of an innocent person.  This is perhaps one of the more compelling reasons to prevent officers from relying on the sense of smell, whether by their own nosy noses or those of their dogs.

Attorney Louis C. Schneider has had recent success in a huge criminal case involving drugs, interstate transport of drugs, and police dog sniffing out drugs.  After rigorously reviewing the evidence, the police procedure, and filing a motion with the criminal court, it was apparent that the police procedure that the police officer and the police dog used was illegal.  Louis Schneider will use the same diligence in reviewing the evidence against you when a police dog results in your arrest for possession of drugs in Las Vegas, Henderson, Clark County, or Southern Nevada.

REQUIRED DISCLAIMER

The information about Las Vegas drug criminal charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas defense lawyer should always evaluate your criminal law matter as soon as possible.  You should treat your drug charge with the seriousness it requires.  Moreover, the information contained in this blog is not intended to guarantee any result.  Each case is unique and will require special attention by a criminal defense attorney.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

Free Legal Advice after your Domestic Violence Arrest:

A Las Vegas domestic violence lawyer will assist you through your criminal proceedings and provide you the best possible defense given the situation. A domestic violence charge in Las Vegas is no laughing matter.  It can haunt you across state lines and over many years.  Domestic violence can affect Las Vegas child custody, job options, gun ownership, and sentencing at future criminal convictions.

Do not count on your significant other that you are alleged to have attacked helping you.  Your "victim" including your spouse does not have to testify for you to be convicted of domestic violence. 

If you have been arrested for domestic violence in Las Vegas, you should hire a lawyer with experience handling domestic violence.  Louis C. Schneider, a former Las Vegas prosecutor, has been defending tourists and residents of Las Vegas for many years and has handled hundreds of criminal cases, including domestic violence cases.

You need a Las Vegas domestic violence attorney who has experience.  Your attorney will review the police report, witness statements, and other evidence soon after your arrest for domestic violence.  Furthermore, a Las Vegas domestic violence lawyer shall look for procedural defects with the police report, including jurisdictional, legal cause for the disturbance call, and appropriate maintenance of evidence. A Las Vegas domestic violence attorney will interview witnesses for the defense and the prosecution.

It is necessary for a Las Vegas domestic violence attorney to do the above steps in order to negotiate a deal or prepare for domestic violence trial.  Even if this is only your first offense, it is important to treat your defense aggressively because any future charges could completely devastate your life.

We offer the below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas domestic violence charge.  Call as soon as possible and speak to no one else about your case except your Las Vegas domestic violence lawyer.

REQUIRED DISCLAIMER

The information about Las Vegas domestic violence charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas defense lawyer should always evaluate your criminal law matter as soon as possible.  You should treat your domestic violence charge with the seriousness it requires.  Moreover, the information contained in this blog is not intended to guarantee any result.  Each case is unique and will require special attention by a criminal defense attorney.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice.