FAQ
The criminal justice process can be scary and confusing. You need a lawyer who understands the process and what you are facing, as well as one who will provide you with great customer service. While it isn’t possible to address every question you may have, these materials will hopefully provide answers to some common questions. If you have further questions, please use the contact form to receive further help or set up an appointment.
When your disability claim is denied by the VA you may be wondering what you can do next. At Conviction Solutions we are highly experienced in how to navigate the complex VA system to receive the disability benefits you deserve. If these are the circumstances you find yourself in, your next step is to fight for the VA disability benefits you are rightly entitled to. Fighting the VA for disability benefits can be a challenging and complex process. In this article you will find the steps in the process necessary to win your claim. Read on for more information.
Steps in VA Disability Claims Process
Step 1 – Familiarize Yourself with the Process
Take a moment to understand the entire VA disability claims process. This may include eligibility criteria and the types of evidence you will need to secure in order to properly support your claim. It also includes the steps throughout the process that you may need to take over time. By doing this you will have a clear understanding of the details of your claim as well as what to expect next. This builds confidence as you navigate through the process.
Step 2 – Gather Evidence
fIn order to win your claim you need an abundance of evidence to support it. In step 2 it is important to collect all relevant medical records, treatment history, and any other documentation you may use as evidence in supporting your claim for disability. This can include doctor’s reports, test results, and statements from healthcare professionals familiar with your condition. The more comprehensive and detailed your evidence, the stronger your case will be.
Step 3 – Seek Professional Assistance
There are a number of organizations and businesses that offer support, resources and assistance for disabled VA claims. These include veteran service organizations (VSO) such as the American Legion or Disabled American Veterans or other local veteran resource centers. Organizations like these have experienced representatives who can guide you through the claims process, help gather evidence, and provide support and advice.
Step 4 – Retain Legal Assistance
In complex cases it may become necessary to retain the assistance of a qualified and experienced legal team, like the team at Conviction Solutions. We offer insights and the assistance needed to offer success in more significant challenges or when your case is wrongly denied. Attorneys like ours that frequently win VA disability claims can be greatly beneficial. They can provide legal expertise, represent you in the appeals process, and help navigate complex regulations.
Step 5 – Filing the Claim and Appeal
Now that you have the proper documentation, have had it reviewed, and taken advantage of available resources it is time to file your claim. If your claim is denied, you have the right to appeal the decision. The appeals process can involve multiple stages, including filing a Notice of Disagreement, attending a hearing, and, if needed, appealing to the Board of Veterans’ Appeals.
Step 6 – Remain Persistent and Organized
Keep copies of all correspondence, records, and documents related to your claim. Maintain a detailed record of dates, times, and outcomes of any interactions with the VA. Being organized and persistent will help you build a strong case and provide a clear timeline of events if you need to escalate your appeal.
Step 7 – Escalate Up the Chain of Command
If you find yourself at an impasse, you’ve made repeated attempts to resolve your claim and have not received a satisfactory outcome, you can contact your local representative or senator to request assistance. They may be able to intervene on your behalf and help navigate the process.
Remember, the VA disability claims process can be time-consuming and challenging. It’s essential to stay informed, be patient, and seek appropriate help when needed.
Las Vegas VA Disability Law Firm
You need a legal partner to help you successfully navigate the complex VA disability claims process. Receiving the maximum benefits is essential to the most positive outcome possible. Speak with our team to find out more about your options and begin the process today.
Drug courts in Nevada are specialized court programs designed to address the needs of individuals who have committed drug-related offenses. The goal of these courts is to provide alternative sentencing options that focus on treatment, rehabilitation, and reducing recidivism among drug offenders. Here’s how drug courts generally work in Nevada:
Eligibility: Defendants charged with non-violent drug offenses may be eligible for drug court. Eligibility criteria can vary by jurisdiction but typically include factors such as the nature of the offense, prior criminal history, and substance abuse issues.
Referral: Defendants may be referred to drug court through various channels, including self-referral, defense attorneys, prosecutors, or judges.
Assessment and Screening: Upon referral, defendants undergo a comprehensive assessment to determine their treatment needs, risk level, and suitability for drug court. The assessment may involve evaluating substance abuse history, mental health, and other factors.
Treatment Planning: Based on the assessment, an individualized treatment plan is developed for each participant. The plan typically includes substance abuse treatment, counseling, education, and other supportive services.
Program Requirements: Participants are required to comply with the drug court’s conditions, which usually include regular court appearances, random drug testing, attending treatment sessions, and meeting other obligations as specified in their treatment plan.
Court Review Hearings: Participants appear before the drug court judge at regular review hearings to assess their progress, compliance, and overall performance. The judge monitors the participant’s adherence to the program and may modify their treatment plan or impose sanctions or incentives based on their behavior.
Treatment and Monitoring: Participants engage in substance abuse treatment, which may include individual counseling, group therapy, 12-step programs, vocational training, and educational programs. They are also subject to random drug tests to ensure compliance.
Graduation and Discharge: Successful completion of the drug court program leads to graduation. Graduation criteria typically involve meeting treatment goals, maintaining sobriety, and demonstrating positive behavioral changes. Upon graduation, participants may receive reduced or dismissed charges, reduced sentences, or other favorable outcomes.
Sanctions and Incentives: Drug courts employ a system of rewards and sanctions to motivate participants. Sanctions may include community service, increased reporting, curfews, or short-term jail sentences. Conversely, incentives can include reduced reporting, praise from the judge, or other positive reinforcements.
Post-Graduation Support: Some drug courts provide aftercare services to graduates, such as continued counseling, employment assistance, and ongoing support to promote successful reintegration into society.
It’s important to note that the specific procedures and requirements of drug courts may vary across jurisdictions within Nevada. It’s advisable to consult the local drug court program or legal professionals for precise information about the drug court process in a specific county or municipality.
A common question we receive is regarding the penalties for possession of controlled substances in Nevada. Each state has their own set penalties for possession of controlled substances. These laws can change over time, so it is best to always consult with the legal team at Conviction Solutions regarding the nature of your criminal or possession charges for the most accurate and specific information. Our legal team will have the most up-to-date information and be able to apply an answer based on your specific circumstances.
Penalties For Controlled Substance Possession In Nevada
In Nevada, the penalties for drug possession can vary depending on several factors, including the type and quantity of the drug involved. The number of offenses an individual has incurred and other circumstances surrounding an individual’s case may also play a factor in the actual penalties imposed on the offender. Nevada categorizes controlled substances into different schedules assigning them with a number from one to five. This range places Schedule I drugs as the most dangerous with the strictest penalties and Schedule V drugs considered the least dangerous with the least penalties.
For simple possession of a controlled substance in Nevada, which is usually a category E felony, the penalties can include a maximum sentence of up to 4 years in state prison and/or a fine of up to $5,000. However, the actual penalties can depend on the circumstances of the case and the individual’s criminal history. High level trafficking of Schedule I substances can carry up to a life sentence.
It’s important to note that Nevada also offers alternative programs for drug offenders in circumstances considered as non-violent. These alternatives may include a combination of rehabilitation treatments, diversion program participation, mandated meetings, drug court, monitoring, or other similar programs. These programs may be available depending on the individual’s eligibility and the specific circumstances of the case.
It’s crucial to consult with a legal professional highly experienced in felony, misdemeanor, and controlled substance possession such as Conviction Solutions. We offer an in-depth understanding of Nevada state statutes and how we may apply a variety of legal strategies to your particular case to reduce the charges and minimize the penalties for the best possible outcome.
If you or someone you know have been charged with drug possession, it is important to contact us immediately to give your case the time and attention it deserves.
Conviction Solutions generally utilizes flat fee agreements, in which you would pay one set fee for an agreed upon scope of work. If you have read the materials on this site, you probably have gathered there is a lot of work involved in preparing a criminal appeal of any kind. You should therefore understand, this type of work can be costly. A direct appeal or post-conviction brief might start at several thousand dollars for an extremely small case, and could readily exceed $10,000 for a several day trial or case with a lengthy record. It is impossible to give an exact fee without reviewing the particulars of each individual case but this may provide at least some idea as to the possible cost. You have the right to know that this type of work can be costly, but with a flat fee agreement there would not be any surprise extras – any work that needed to be done would be done at the agreed upon price.
Flat fee agreements are also available for criminal defense matters, but the costs of handling a defense case would vary greatly depending on the charges involved and other factors. Please contact Conviction Solutions to set up a free consultation if you want to discuss these services!
Conviction Solutions is also available in limited cases to assist with pending criminal charges. To be sure, there are many qualified criminal defense attorneys in Southern Nevada and any one of them could help with a routine case. However, Mr. Resch was the former head of the Public Integrity Unit at the Nevada Office of the Attorney General and has extensive experience handling public employee and misconduct cases. In addition, Mr. Resch has handled complicated fraud cases involving areas such as securities fraud, elder exploitation, identity theft, and all nature of cases involving theft or fraudulent acts. While many lawyers may like to handle so-called “white collar” crime, Mr. Resch has over ten years of experience handling precisely those type of cases. The eye of a former prosecutor can be invaluable in critically examining these complicated type of cases and identifying weaknesses that may exist.
In addition, you want someone on your side who understands the bigger picture of what is at stake. For example, if you are a participant in Nevada PERS, and are convicted of certain felonies, you could potentially lose your right to retirement benefits. Also, if you are a law enforcement or other professional, you could potentially lose your certifications upon conviction. You are going to want an attorney who cares about all of the issues you may be facing and who will listen to your concerns while providing competent and compassionate advice.
If you are facing criminal charges in these types of cases, a free consultation with Conviction Solutions would be a smart decision!
In Nevada felonies are categorized based on their seriousness and assigned a letter value based on that severity with A being the most serious of felony offenses. Category D felonies are the fourth most serious class of felony crimes in Nevada. These offenses may incur imprisonment and a fine. In the case of a Category D felony the punishment imposed may be as much as a $5,000 fine and a minimum prison sentence of one year to a maximum prison sentence of four years to be served in a Nevada State Prison.
Definition of a Category D Felony in Nevada
Section 193.130(d) of the Nevada Revised Statutes reads: “A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.”
If you are facing category D felony charges it is recommended that you seek council from a qualified and experienced legal team. At Conviction Solutions our team will work to create a legal case that works in your favor to reduce or drop your charges. Depending on the particulars in your case, our legal defense team will work to establish a plea bargain, reducing your felony charges to a lesser felony or misdemeanor. Ultimately our goal will be to have all your charges dropped. In instances where prosecution refuses to settle at a point that we agree is reasonable we may choose to pursue a jury trial.
Types of Crimes as Category D Felonies
While category D felonies are not as serious as the three categories of felonies classified above them they include crimes that are more serious than gross misdemeanors and category E felonies. Some of the charges considered category D felonies in Nevada include:
- Involuntary Manslaughter
- Third-Degree Arson
- Forgery
- Unpaid Casino Markers
Penalties for Category D Felonies in Nevada
As mentioned above there are a number of penalties that may be incurred with the conviction of a category D felony in Nevada. These may range based on the details of your particular offense, other offenses occurring simultaneously and other details unique to your individual circumstances. Conviction of a Category D felony may include one to four years in a Nevada State Prison and a fine of up to $5,000. In Nevada, when a judge orders a sentence range for your felony there are parameters that require the minimum time to no exceed 40 percent of the maximum sentence.
Category D Legal Defense
Choosing a legal team to defend you during your category D felony case is essential to its outcome. You need a team with experience, strategy and knowledge, but also one that you can trust with every aspect of your case. From discovery to judgment you want a team that will be able to focus on your case, scour through the evidence to find the needle in a haystack of information that changes your outcome, and that will continue to fight for your rights and freedom until the very end. Speak to the team at Conviction Solutions and see why we are a leading criminal defense team in Clark County, Nevada.
Being the leading criminal defense law firm in Las Vegas the Conviction Solutions team receives an abundance of questions regarding a variety of criminal charges. Some of the most common questions we receive are regarding drug possession and similar non-violent crimes. As each state may set their own penalties and laws regarding drug possession it is easy to see why we have so many inquiries of this nature. Before we answer questions regarding drug possession charges it is important to point out that laws can change over time, so it is best to always consult with the legal team at Conviction Solutions regarding the nature of your criminal or possession charges for the most accurate and specific information. Our legal team will have the most up-to-date information and be able to apply an answer based on your unique circumstances.
Drug Possession Charges in Las Vegas
In Nevada, drug possession charges depend on a number of factors relevant to the drugs themselves. This includes type of drugs, quantity of drugs, and the other circumstances that brought the drugs to the attention of the authorities. Nevada law classifies controlled substances into different schedules, and the penalties for possession can vary accordingly. Generally, drug possession charges can range from misdemeanors to felonies.
Marijuana Possession in Las Vegas
For instance, simple possession of a small amount of a controlled substance, like marijuana, may be charged as a misdemeanor. In Nevada, marijuana was legalized for recreational use by adults 21 years or older in 2016, but there are still regulations regarding possession limits and other restrictions. Possession of larger amounts of marijuana or possession with intent to sell can result in more severe charges.
Other Drug Possession in Las Vegas
Drugs other than marijuana, or controlled substances such as cocaine, heroin, methamphetamine, or prescription drugs without a valid prescription, possession can be charged as a felony. Felony drug possession charges carry more severe penalties, including potential imprisonment and fines.
It’s worth noting that Nevada has been making efforts to reform drug policies, and changes may have occurred since this article was published. If you or someone you know is facing a drug possession charge, it’s crucial to consult with a qualified attorney who can provide up-to-date and accurate information about the current laws and potential penalties in Las Vegas or Nevada.
The terms “criminal lawyer” and “criminal defense lawyer” are often used interchangeably, but there can be a subtle distinction between the two based on context. Generally, both terms refer to lawyers who specialize in handling cases related to criminal law, but the emphasis might differ.
- Criminal Lawyer:
- The term “criminal lawyer” is a broad and generic term that encompasses attorneys who practice in the field of criminal law.
- A criminal lawyer may work as a prosecutor or defense attorney, or they might engage in various aspects of criminal law, such as legal research, advising clients, or handling appeals.
- Criminal lawyers can represent either the prosecution (government) or the defense (accused individuals). In this sense, a criminal lawyer may not necessarily focus solely on defense work.
- Criminal Defense Lawyer:
- A “criminal defense lawyer” is a more specific term that refers to an attorney who specializes in representing individuals accused of criminal offenses.
- The primary focus of a criminal defense lawyer is to advocate for the rights of the accused and provide a defense against criminal charges.
- Criminal defense lawyers work to build a case that challenges the evidence presented by the prosecution, ensures the protection of their client’s rights, and aims to achieve the best possible outcome, which could include acquittal, reduced charges, or a favorable plea bargain.
In summary, while all criminal defense lawyers are criminal lawyers, not all criminal lawyers exclusively specialize in defense work. Some may work as prosecutors, handling cases on behalf of the government. The context in which the terms are used can help clarify the specific role and focus of the attorney. At Conviction Solutions we are criminal defense attorneys that specialize in overturning convictions. Many of our clients choose to work with us in their initial case, to ensure the most favorable outcome is reached. Find out the difference for yourself by working with our team.
The most common questions we receive are regarding specific types of laws and penalties associated with not abiding by those laws. Inquiries about Nevada drug laws are amongst the most common questions received by our legal team. This, in part, is due to the volume of travelers flowing through Southern Nevada and the differences in laws and penalties from one state to the next.
It is important, before we offer information on current laws, to point out that these laws can change over time. For the most current and accurate information you should reach out to the legal team at Conviction Solutions. Each state has their own set drug laws, and Nevada is considered to be among liberal states with recreational marijuana being legalized in 2016.
Marijuana Laws In Nevada
Under the law, adults are allowed to possess up to one ounce (28 grams) of marijuana flower or up to one-eighth of an ounce (3.5 grams) of concentrated marijuana. The law also permits the cultivation of up to six plants per individual, or up to 12 plants if there are two or more adults over the age of 21 residing in the same household.
Nevada has also established a regulated system for the sale and taxation of marijuana products through licensed dispensaries. These establishments are authorized to sell marijuana and marijuana-infused products to adults for recreational use. However, it’s worth noting that public consumption of marijuana is still prohibited, and using marijuana while driving or operating machinery is illegal.
Controlled Substances
In Nevada illegal drugs are charged as controlled substances and are illegal to have in your possession or exchange with other individuals. Even prescription medications fall into the controlled substance category unless you have a current prescription and received it from a licensed pharmacy.
Nevada categorizes controlled substances into different schedules assigning them with a number ranging from one to five. This range places Schedule I drugs as the most dangerous with the strictest penalties and Schedule V drugs considered the least dangerous with the least penalties. Even possessions of Schedule V drugs are considered felonies and are not legal to have on your person, among your belongings, or in your dwelling.
Please keep in mind that laws can change over time, so it’s always a good idea to verify the most up-to-date information from official sources or consult with legal professionals to ensure accuracy.
The U.S. Department of Veterans Affairs (VA) handles a large number of claims from veterans seeking disability benefits. When claims are denied it may result in a cumbersome process to change the claim status to approved. There are any number of reasons why a claim may be denied. While the specific reasons for denial can vary, some common factors include:
Insufficient Evidence: Claims may be denied if there is not enough evidence to establish a connection between the claimed condition and military service. It’s crucial for veterans to provide thorough documentation and medical evidence to support their claims.
Lack of Service Connection: To receive disability benefits, a veteran must demonstrate that their disability is connected to their military service. If the VA determines that there is no service connection, the claim may be denied.
Incomplete or Inaccurate Information: Errors or omissions in the application or supporting documentation can lead to denials. Veterans should ensure that all required information is provided accurately and completely.
Disability Rating Criteria: The VA uses a specific rating schedule to determine the level of disability for each condition. If the evidence does not support the assigned rating or if there is a disagreement about the severity of the disability, the claim may be denied or assigned a lower rating.
Timeliness: There are deadlines for filing claims and appeals. If a veteran misses these deadlines, the VA may deny the claim. It’s important for veterans to be aware of and adhere to these timelines.
Pre-existing Conditions: If a condition existed before military service or if it was not aggravated by service, it may not be considered service-connected, leading to a denial.
Failure to Attend Examinations: If a veteran fails to attend a required medical examination, the VA may deny the claim.
Legal or Regulatory Changes: Changes in laws or regulations can impact the eligibility criteria or the process for certain benefits. Veterans may face denials due to changes that affect their claims.
It’s important for veterans to carefully review denial letters, understand the reasons for the denial, and consider filing an appeal if they believe the decision is incorrect. Seeking assistance from veterans’ service organizations can help in some instances. In more complex VA claims denials, the legal professionals at Conviction Solutions, a law firm specializing in assisting veterans with navigating the benefits and claims process, can be instrumental in achieving an approval on your claim.
When your disability claim is denied by the VA you may be wondering what you can do next. At Conviction Solutions we are highly experienced in how to navigate the complex VA system to receive the disability benefits you deserve. If these are the circumstances you find yourself in, your next step is to fight for the VA disability benefits you are rightly entitled to. Fighting the VA for disability benefits can be a challenging and complex process. In this article you will find the steps in the process necessary to win your claim. Read on for more information.
Steps in VA Disability Claims Process
Step 1 – Familiarize Yourself with the Process
Take a moment to understand the entire VA disability claims process. This may include eligibility criteria and the types of evidence you will need to secure in order to properly support your claim. It also includes the steps throughout the process that you may need to take over time. By doing this you will have a clear understanding of the details of your claim as well as what to expect next. This builds confidence as you navigate through the process.
Step 2 – Gather Evidence
fIn order to win your claim you need an abundance of evidence to support it. In step 2 it is important to collect all relevant medical records, treatment history, and any other documentation you may use as evidence in supporting your claim for disability. This can include doctor’s reports, test results, and statements from healthcare professionals familiar with your condition. The more comprehensive and detailed your evidence, the stronger your case will be.
Step 3 – Seek Professional Assistance
There are a number of organizations and businesses that offer support, resources and assistance for disabled VA claims. These include veteran service organizations (VSO) such as the American Legion or Disabled American Veterans or other local veteran resource centers. Organizations like these have experienced representatives who can guide you through the claims process, help gather evidence, and provide support and advice.
Step 4 – Retain Legal Assistance
In complex cases it may become necessary to retain the assistance of a qualified and experienced legal team, like the team at Conviction Solutions. We offer insights and the assistance needed to offer success in more significant challenges or when your case is wrongly denied. Attorneys like ours that frequently win VA disability claims can be greatly beneficial. They can provide legal expertise, represent you in the appeals process, and help navigate complex regulations.
Step 5 – Filing the Claim and Appeal
Now that you have the proper documentation, have had it reviewed, and taken advantage of available resources it is time to file your claim. If your claim is denied, you have the right to appeal the decision. The appeals process can involve multiple stages, including filing a Notice of Disagreement, attending a hearing, and, if needed, appealing to the Board of Veterans’ Appeals.
Step 6 – Remain Persistent and Organized
Keep copies of all correspondence, records, and documents related to your claim. Maintain a detailed record of dates, times, and outcomes of any interactions with the VA. Being organized and persistent will help you build a strong case and provide a clear timeline of events if you need to escalate your appeal.
Step 7 – Escalate Up the Chain of Command
If you find yourself at an impasse, you’ve made repeated attempts to resolve your claim and have not received a satisfactory outcome, you can contact your local representative or senator to request assistance. They may be able to intervene on your behalf and help navigate the process.
Remember, the VA disability claims process can be time-consuming and challenging. It’s essential to stay informed, be patient, and seek appropriate help when needed.
Las Vegas VA Disability Law Firm
You need a legal partner to help you successfully navigate the complex VA disability claims process. Receiving the maximum benefits is essential to the most positive outcome possible. Speak with our team to find out more about your options and begin the process today.
Drug courts in Nevada are specialized court programs designed to address the needs of individuals who have committed drug-related offenses. The goal of these courts is to provide alternative sentencing options that focus on treatment, rehabilitation, and reducing recidivism among drug offenders. Here’s how drug courts generally work in Nevada:
Eligibility: Defendants charged with non-violent drug offenses may be eligible for drug court. Eligibility criteria can vary by jurisdiction but typically include factors such as the nature of the offense, prior criminal history, and substance abuse issues.
Referral: Defendants may be referred to drug court through various channels, including self-referral, defense attorneys, prosecutors, or judges.
Assessment and Screening: Upon referral, defendants undergo a comprehensive assessment to determine their treatment needs, risk level, and suitability for drug court. The assessment may involve evaluating substance abuse history, mental health, and other factors.
Treatment Planning: Based on the assessment, an individualized treatment plan is developed for each participant. The plan typically includes substance abuse treatment, counseling, education, and other supportive services.
Program Requirements: Participants are required to comply with the drug court’s conditions, which usually include regular court appearances, random drug testing, attending treatment sessions, and meeting other obligations as specified in their treatment plan.
Court Review Hearings: Participants appear before the drug court judge at regular review hearings to assess their progress, compliance, and overall performance. The judge monitors the participant’s adherence to the program and may modify their treatment plan or impose sanctions or incentives based on their behavior.
Treatment and Monitoring: Participants engage in substance abuse treatment, which may include individual counseling, group therapy, 12-step programs, vocational training, and educational programs. They are also subject to random drug tests to ensure compliance.
Graduation and Discharge: Successful completion of the drug court program leads to graduation. Graduation criteria typically involve meeting treatment goals, maintaining sobriety, and demonstrating positive behavioral changes. Upon graduation, participants may receive reduced or dismissed charges, reduced sentences, or other favorable outcomes.
Sanctions and Incentives: Drug courts employ a system of rewards and sanctions to motivate participants. Sanctions may include community service, increased reporting, curfews, or short-term jail sentences. Conversely, incentives can include reduced reporting, praise from the judge, or other positive reinforcements.
Post-Graduation Support: Some drug courts provide aftercare services to graduates, such as continued counseling, employment assistance, and ongoing support to promote successful reintegration into society.
It’s important to note that the specific procedures and requirements of drug courts may vary across jurisdictions within Nevada. It’s advisable to consult the local drug court program or legal professionals for precise information about the drug court process in a specific county or municipality.
A common question we receive is regarding the penalties for possession of controlled substances in Nevada. Each state has their own set penalties for possession of controlled substances. These laws can change over time, so it is best to always consult with the legal team at Conviction Solutions regarding the nature of your criminal or possession charges for the most accurate and specific information. Our legal team will have the most up-to-date information and be able to apply an answer based on your specific circumstances.
Penalties For Controlled Substance Possession In Nevada
In Nevada, the penalties for drug possession can vary depending on several factors, including the type and quantity of the drug involved. The number of offenses an individual has incurred and other circumstances surrounding an individual’s case may also play a factor in the actual penalties imposed on the offender. Nevada categorizes controlled substances into different schedules assigning them with a number from one to five. This range places Schedule I drugs as the most dangerous with the strictest penalties and Schedule V drugs considered the least dangerous with the least penalties.
For simple possession of a controlled substance in Nevada, which is usually a category E felony, the penalties can include a maximum sentence of up to 4 years in state prison and/or a fine of up to $5,000. However, the actual penalties can depend on the circumstances of the case and the individual’s criminal history. High level trafficking of Schedule I substances can carry up to a life sentence.
It’s important to note that Nevada also offers alternative programs for drug offenders in circumstances considered as non-violent. These alternatives may include a combination of rehabilitation treatments, diversion program participation, mandated meetings, drug court, monitoring, or other similar programs. These programs may be available depending on the individual’s eligibility and the specific circumstances of the case.
It’s crucial to consult with a legal professional highly experienced in felony, misdemeanor, and controlled substance possession such as Conviction Solutions. We offer an in-depth understanding of Nevada state statutes and how we may apply a variety of legal strategies to your particular case to reduce the charges and minimize the penalties for the best possible outcome.
If you or someone you know have been charged with drug possession, it is important to contact us immediately to give your case the time and attention it deserves.
Conviction Solutions generally utilizes flat fee agreements, in which you would pay one set fee for an agreed upon scope of work. If you have read the materials on this site, you probably have gathered there is a lot of work involved in preparing a criminal appeal of any kind. You should therefore understand, this type of work can be costly. A direct appeal or post-conviction brief might start at several thousand dollars for an extremely small case, and could readily exceed $10,000 for a several day trial or case with a lengthy record. It is impossible to give an exact fee without reviewing the particulars of each individual case but this may provide at least some idea as to the possible cost. You have the right to know that this type of work can be costly, but with a flat fee agreement there would not be any surprise extras – any work that needed to be done would be done at the agreed upon price.
Flat fee agreements are also available for criminal defense matters, but the costs of handling a defense case would vary greatly depending on the charges involved and other factors. Please contact Conviction Solutions to set up a free consultation if you want to discuss these services!
Conviction Solutions is also available in limited cases to assist with pending criminal charges. To be sure, there are many qualified criminal defense attorneys in Southern Nevada and any one of them could help with a routine case. However, Mr. Resch was the former head of the Public Integrity Unit at the Nevada Office of the Attorney General and has extensive experience handling public employee and misconduct cases. In addition, Mr. Resch has handled complicated fraud cases involving areas such as securities fraud, elder exploitation, identity theft, and all nature of cases involving theft or fraudulent acts. While many lawyers may like to handle so-called “white collar” crime, Mr. Resch has over ten years of experience handling precisely those type of cases. The eye of a former prosecutor can be invaluable in critically examining these complicated type of cases and identifying weaknesses that may exist.
In addition, you want someone on your side who understands the bigger picture of what is at stake. For example, if you are a participant in Nevada PERS, and are convicted of certain felonies, you could potentially lose your right to retirement benefits. Also, if you are a law enforcement or other professional, you could potentially lose your certifications upon conviction. You are going to want an attorney who cares about all of the issues you may be facing and who will listen to your concerns while providing competent and compassionate advice.
If you are facing criminal charges in these types of cases, a free consultation with Conviction Solutions would be a smart decision!
In Nevada felonies are categorized based on their seriousness and assigned a letter value based on that severity with A being the most serious of felony offenses. Category D felonies are the fourth most serious class of felony crimes in Nevada. These offenses may incur imprisonment and a fine. In the case of a Category D felony the punishment imposed may be as much as a $5,000 fine and a minimum prison sentence of one year to a maximum prison sentence of four years to be served in a Nevada State Prison.
Definition of a Category D Felony in Nevada
Section 193.130(d) of the Nevada Revised Statutes reads: “A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.”
If you are facing category D felony charges it is recommended that you seek council from a qualified and experienced legal team. At Conviction Solutions our team will work to create a legal case that works in your favor to reduce or drop your charges. Depending on the particulars in your case, our legal defense team will work to establish a plea bargain, reducing your felony charges to a lesser felony or misdemeanor. Ultimately our goal will be to have all your charges dropped. In instances where prosecution refuses to settle at a point that we agree is reasonable we may choose to pursue a jury trial.
Types of Crimes as Category D Felonies
While category D felonies are not as serious as the three categories of felonies classified above them they include crimes that are more serious than gross misdemeanors and category E felonies. Some of the charges considered category D felonies in Nevada include:
- Involuntary Manslaughter
- Third-Degree Arson
- Forgery
- Unpaid Casino Markers
Penalties for Category D Felonies in Nevada
As mentioned above there are a number of penalties that may be incurred with the conviction of a category D felony in Nevada. These may range based on the details of your particular offense, other offenses occurring simultaneously and other details unique to your individual circumstances. Conviction of a Category D felony may include one to four years in a Nevada State Prison and a fine of up to $5,000. In Nevada, when a judge orders a sentence range for your felony there are parameters that require the minimum time to no exceed 40 percent of the maximum sentence.
Category D Legal Defense
Choosing a legal team to defend you during your category D felony case is essential to its outcome. You need a team with experience, strategy and knowledge, but also one that you can trust with every aspect of your case. From discovery to judgment you want a team that will be able to focus on your case, scour through the evidence to find the needle in a haystack of information that changes your outcome, and that will continue to fight for your rights and freedom until the very end. Speak to the team at Conviction Solutions and see why we are a leading criminal defense team in Clark County, Nevada.
Being the leading criminal defense law firm in Las Vegas the Conviction Solutions team receives an abundance of questions regarding a variety of criminal charges. Some of the most common questions we receive are regarding drug possession and similar non-violent crimes. As each state may set their own penalties and laws regarding drug possession it is easy to see why we have so many inquiries of this nature. Before we answer questions regarding drug possession charges it is important to point out that laws can change over time, so it is best to always consult with the legal team at Conviction Solutions regarding the nature of your criminal or possession charges for the most accurate and specific information. Our legal team will have the most up-to-date information and be able to apply an answer based on your unique circumstances.
Drug Possession Charges in Las Vegas
In Nevada, drug possession charges depend on a number of factors relevant to the drugs themselves. This includes type of drugs, quantity of drugs, and the other circumstances that brought the drugs to the attention of the authorities. Nevada law classifies controlled substances into different schedules, and the penalties for possession can vary accordingly. Generally, drug possession charges can range from misdemeanors to felonies.
Marijuana Possession in Las Vegas
For instance, simple possession of a small amount of a controlled substance, like marijuana, may be charged as a misdemeanor. In Nevada, marijuana was legalized for recreational use by adults 21 years or older in 2016, but there are still regulations regarding possession limits and other restrictions. Possession of larger amounts of marijuana or possession with intent to sell can result in more severe charges.
Other Drug Possession in Las Vegas
Drugs other than marijuana, or controlled substances such as cocaine, heroin, methamphetamine, or prescription drugs without a valid prescription, possession can be charged as a felony. Felony drug possession charges carry more severe penalties, including potential imprisonment and fines.
It’s worth noting that Nevada has been making efforts to reform drug policies, and changes may have occurred since this article was published. If you or someone you know is facing a drug possession charge, it’s crucial to consult with a qualified attorney who can provide up-to-date and accurate information about the current laws and potential penalties in Las Vegas or Nevada.
The terms “criminal lawyer” and “criminal defense lawyer” are often used interchangeably, but there can be a subtle distinction between the two based on context. Generally, both terms refer to lawyers who specialize in handling cases related to criminal law, but the emphasis might differ.
- Criminal Lawyer:
- The term “criminal lawyer” is a broad and generic term that encompasses attorneys who practice in the field of criminal law.
- A criminal lawyer may work as a prosecutor or defense attorney, or they might engage in various aspects of criminal law, such as legal research, advising clients, or handling appeals.
- Criminal lawyers can represent either the prosecution (government) or the defense (accused individuals). In this sense, a criminal lawyer may not necessarily focus solely on defense work.
- Criminal Defense Lawyer:
- A “criminal defense lawyer” is a more specific term that refers to an attorney who specializes in representing individuals accused of criminal offenses.
- The primary focus of a criminal defense lawyer is to advocate for the rights of the accused and provide a defense against criminal charges.
- Criminal defense lawyers work to build a case that challenges the evidence presented by the prosecution, ensures the protection of their client’s rights, and aims to achieve the best possible outcome, which could include acquittal, reduced charges, or a favorable plea bargain.
In summary, while all criminal defense lawyers are criminal lawyers, not all criminal lawyers exclusively specialize in defense work. Some may work as prosecutors, handling cases on behalf of the government. The context in which the terms are used can help clarify the specific role and focus of the attorney. At Conviction Solutions we are criminal defense attorneys that specialize in overturning convictions. Many of our clients choose to work with us in their initial case, to ensure the most favorable outcome is reached. Find out the difference for yourself by working with our team.
The most common questions we receive are regarding specific types of laws and penalties associated with not abiding by those laws. Inquiries about Nevada drug laws are amongst the most common questions received by our legal team. This, in part, is due to the volume of travelers flowing through Southern Nevada and the differences in laws and penalties from one state to the next.
It is important, before we offer information on current laws, to point out that these laws can change over time. For the most current and accurate information you should reach out to the legal team at Conviction Solutions. Each state has their own set drug laws, and Nevada is considered to be among liberal states with recreational marijuana being legalized in 2016.
Marijuana Laws In Nevada
Under the law, adults are allowed to possess up to one ounce (28 grams) of marijuana flower or up to one-eighth of an ounce (3.5 grams) of concentrated marijuana. The law also permits the cultivation of up to six plants per individual, or up to 12 plants if there are two or more adults over the age of 21 residing in the same household.
Nevada has also established a regulated system for the sale and taxation of marijuana products through licensed dispensaries. These establishments are authorized to sell marijuana and marijuana-infused products to adults for recreational use. However, it’s worth noting that public consumption of marijuana is still prohibited, and using marijuana while driving or operating machinery is illegal.
Controlled Substances
In Nevada illegal drugs are charged as controlled substances and are illegal to have in your possession or exchange with other individuals. Even prescription medications fall into the controlled substance category unless you have a current prescription and received it from a licensed pharmacy.
Nevada categorizes controlled substances into different schedules assigning them with a number ranging from one to five. This range places Schedule I drugs as the most dangerous with the strictest penalties and Schedule V drugs considered the least dangerous with the least penalties. Even possessions of Schedule V drugs are considered felonies and are not legal to have on your person, among your belongings, or in your dwelling.
Please keep in mind that laws can change over time, so it’s always a good idea to verify the most up-to-date information from official sources or consult with legal professionals to ensure accuracy.
The U.S. Department of Veterans Affairs (VA) handles a large number of claims from veterans seeking disability benefits. When claims are denied it may result in a cumbersome process to change the claim status to approved. There are any number of reasons why a claim may be denied. While the specific reasons for denial can vary, some common factors include:
Insufficient Evidence: Claims may be denied if there is not enough evidence to establish a connection between the claimed condition and military service. It’s crucial for veterans to provide thorough documentation and medical evidence to support their claims.
Lack of Service Connection: To receive disability benefits, a veteran must demonstrate that their disability is connected to their military service. If the VA determines that there is no service connection, the claim may be denied.
Incomplete or Inaccurate Information: Errors or omissions in the application or supporting documentation can lead to denials. Veterans should ensure that all required information is provided accurately and completely.
Disability Rating Criteria: The VA uses a specific rating schedule to determine the level of disability for each condition. If the evidence does not support the assigned rating or if there is a disagreement about the severity of the disability, the claim may be denied or assigned a lower rating.
Timeliness: There are deadlines for filing claims and appeals. If a veteran misses these deadlines, the VA may deny the claim. It’s important for veterans to be aware of and adhere to these timelines.
Pre-existing Conditions: If a condition existed before military service or if it was not aggravated by service, it may not be considered service-connected, leading to a denial.
Failure to Attend Examinations: If a veteran fails to attend a required medical examination, the VA may deny the claim.
Legal or Regulatory Changes: Changes in laws or regulations can impact the eligibility criteria or the process for certain benefits. Veterans may face denials due to changes that affect their claims.
It’s important for veterans to carefully review denial letters, understand the reasons for the denial, and consider filing an appeal if they believe the decision is incorrect. Seeking assistance from veterans’ service organizations can help in some instances. In more complex VA claims denials, the legal professionals at Conviction Solutions, a law firm specializing in assisting veterans with navigating the benefits and claims process, can be instrumental in achieving an approval on your claim.