The Numbers

If you’re of the opinion that racism is a thing of the past in the America, perhaps a look at some statistics will change your mind:

• Although Black Americans comprise just 13 percent of the population in this country, they make up nearly 40 percent of the prison population.
• Nearly half of the people serving life sentences are Black.
• Male offenders who are Black wind up with sentences that are an average of 4.7 percent longer than white offenders convicted of similar crimes.
• Black and Latino people, who account for less than 30 percent of the population in this country, account for 57 percent of the prison population.
• Black Americans are sent behind bars nearly five times more often than whites.
• Black juveniles make up 14 percent of the population, but one-third of black children are arrested.
• Over 40 percent of those detained, and over half of whom whose cases wind up in criminal courts.

Bias Starts Long Before Entering a Courtroom

Unfortunately, studies consistently reveal that people of color are more likely to be stopped and searched than white people. In research looking at nearly 100 million stops by law enforcement, evidence of racial bias appeared again and again.

Calls for Change

In response to extensive data documenting racial disparities across the criminal justice system the NAACP has called for changes including:

Providing adequate funding to public defenders serving indigent individuals;

• Committing to doing more to support high school completion for at-risk youth and those behind bars;
• Doing more to develop youth development and employment opportunities;
• Helping former convicts start over by making it easier to get employment, housing, credit, jury duty, and voting rights;
• Requiring more extensive training in racial bias across the system;
• Eliminating mandatory minimum sentences and enhancements;
• Rejecting the death penalty;
• Creating commissions at the state level to recommend legislative or administrative efforts to address the factors that contribute to racial disparities in the justice system.

Advocating for You

Unfortunately, many of the reforms sought by the NAACP may be years away in reality, meaning today’s defendants still face a tough road. That’s why the experienced and passionate Las Vegas criminal defense attorneys at Lobo Law fight every inch of the way for our clients. We are not afraid to point out and attempt to mitigate potential roadblocks based on race or ethnicity and always provide professional and aggressive representation. To discuss your case, schedule a confidential consultation in our Las Vegas office today.

Source:

naacp.org/resources/eliminate-racial-sentencing-disparities

Common Charges

There are multiple gun charges that are prosecuted with regularity in this country. The most common include:

• Possession by a Prohibited Person: Certain individuals are forbidden by law to possess a gun. That group includes fugitives, felons, certain individuals convicted of domestic violence, and drug users.
• Possession During the Commission of a Violent Felony/Involving Drug Trafficking: When firearms are possessed, carried, or used in these circumstances it can dramatically increase penalties.
• Possession of Illegal or Unregistered Weapons: This includes the illegal manufacture or sale of silencers, machineguns, and short-barreled shotguns.
• Trafficking: Illegally transporting, purchasing, or selling of ammunition and/or firearms across state or international borders will lead to charges, particularly when unlicensed individuals are involved.
• Dealing without a License: Operating a firearms business without a license is illegal.
• Possession of Unregistered Firearms: Federal law requires that weapons be licensed.
• Straw Purchasing/False Statements: Buying a firearm on behalf of another person who is not allowed to have one, lying on official forms, and altering the serial number on a gun will result in penalties.

Serious Penalties

Any of these charges have the potential to trigger both state and federal charges, resulting in serious time behind bars. Federal law allows for mandatory minimum sentences of 15 years for those with three or more previous violent felonies or drug convictions, and the Armed Career Criminal Act also carries mandatory minimums when the weapon was used during drug trafficking or a violent crime. Sentences range from five years to life sentences, with the average sentence coming in at 12.5 years.

Defending Charges

Defense attorneys have a number of options when defending these kinds of gun charges:

• The actions were justified due to defense of oneself of another person from imminent danger;
• The right to bear arms, as guaranteed by the Constitution, were violated by the arrest;
• The weapon was found in a shared space, so someone else was in charge of it;
• There was no probable cause or warrant to search, resulting in an unlawful seizure, meaning the entire case should be dropped.

Defending Your Rights

If you are facing federal gun charges, your life could be turned upside down in no time. Now, more than ever, you need a resourceful and creative Las Vegas criminal defense attorney fighting to defend your liberty. To discuss, schedule a confidential consultation in the office of Lobo Law today.

Source:

justice.gov/file/411656/dl

First Things First 

Upon arrest you will hopefully be read your Miranda rights, where you will be advised that anything you say can later be used against you. Heed that warning!

Processing 

You can expect to be cuffed and hauled to a local precinct where you will be booked. That is essentially the administrative process that occurs to document the arrest, which entails the mug shot, fingerprinting, identity verification, a search, and an initial medical assessment. They’ll run your info through their system to see if you have any outstanding warrants as well. Then you’ll turn in your personal clothing and property and switch into the official jail uniform (your personal items will be returned when you’re released when you present a voucher that lists your possessions.) Then it’s off to a holding cell or general housing until next steps are determined by either a court commissioner or a judge. There are three possibilities at this point:

• You could be Released on your own Recognizance (ROR);
• You could be released on bail with a commitment to return to court on a future date;
• You could remain in jail until a later date.

Court

Your case will be assigned a court date for the arraignment, where the charges will be read and you will enter a plea. The judge will then decide whether there is enough evidence to support the charges or if the case should be dismissed, in which case you’d be released and the whole thing is over with. Otherwise, a trial date will be set.

The Wheels of Justice

As you await your trial date, it’s possible negotiations on a plea deal will occur between your defense attorney and the district attorney. That could result in bypassing a trial and having you enter a guilty plea on lesser charges. Otherwise, plan on a trial, with witness testimony, evidence presentations, and jury deliberations.

Advocating for You

The well-qualified and ethical Las Vegas criminal defense attorneys at Lobo Law always fight to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our Las Vegas office today.

A Serious Concern

There are two things about DNA collection in this context. Number one is that many of the protestors who’ve had their DNA collected have not been involved in violent criminal activity. Number two is DNA is a very private thing that contains extremely personal information about a person and their biological family. More invasive than an identifying fingerprint, DNA tells much more about a person, and it can be collected, saved, or shared unbeknownst to the public. What are the consequences of such a policy?

Case in Point

For Dana Briggs, who is a retired veteran of the Air Force, attending a protest demonstration near a detention center in Chicago last September was a no-brainer. He believed that Homeland Security’s actions were a problem, and had served his country to protect citizen’s rights to use their voice when they disagreed with government policies. Never could he have imagined that he would be swarmed by federal agents, jolted to the ground, arrested, and handcuffed to a hospital bed during treatment for his injuries. Upon release from the hospital, Briggs was moved to a federal prison, where he was read his rights, photographed, and fingerprinted. Then came the cotton swab that collected DNA from a cheek swab. (Refusing to comply would result in yet more charges.) Since then, Briggs has filed a suit against the government, insisting that the DNA test was an unreasonable and warrantless intrusion into his body. He warned that the government’s tactics were a threat to public demonstrations, and a clear message that anyone who spoke out against the government – along with their relatives–could be monitored in the future. On a side note– all charges against him were dropped.

Shutting Down Voices

It’s fair to assume that when people think their DNA may be collected and added to a federal surveillance database simply for participating in a protest, a certain percentage of them will think twice before participating in a protest. It’s a chilling government response to its citizenry exercising their rights under the constitution.

Protecting Your Rights 

The experienced and qualified Las Vegas criminal defense attorneys at Lobo Law are committed to protecting your rights. To discuss your concerns following an arrest, schedule a confidential consultation in our Las Vegas office today.

Source:

nytimes.com/2026/05/06/nyregion/dna-collection-ice-arrests-lawsuit.html

Do Not Speak

Remember that anything you say could later be used against you. The officer may ask you to tell them where you were, where you were going, or may ask other questions to supposedly give you the chance to tell them your explanation of events. Don’t do it! You are required to tell the officer only a few things:

• Your name (precisely as it is printed on your driver’s license or your birth certificate to avoid any issues);
• Your birth date;
• Your address;
• Your phone number;
• Your parents’ contact information if you are a minor.

Ask if you are free to go. If not, you must be read your Miranda Rights at that point. Then say that you are asserting your right to remain silent and you’d like to speak to an attorney. They are not allowed to question you further at that point.

Do Not Lie

You can be charged under Nevada Statute 207.280 with providing false information if you decide to tell a lie.

Do Not Resist Arrest

There are any number of charges that could be tacked on depending on the circumstances.

Do Not Give Permission to Search Your Vehicle

Who knows what’s in your car? Maybe a friend dropped a joint in there weeks ago that you don’t know about. If the officer is convinced that you have contraband, there still needs to be probable cause or a warrant to conduct a search, so never comply.

Is it a Traffic Violation?

If the officer asks if you know why you were stopped, always say that you have no idea. Otherwise, you’re essentially admitting that you committed a traffic violation. If asked how fast you were driving, say that you were going the posted speed limit. If you’re accused of a specific offense, such as going through a red light, simply apologize and say that you didn’t realize that had happened.

If You’ve Been Drinking

Stick with the previous tips, and if asked to take a field sobriety test, politely decline. You are not legally required to comply with this request, and you could have difficulty passing it for any number of reasons not related to being drunk. Instead, ask to leave. If you can’t leave, ask to speak to your attorney.

Your Legal Advocate 

The experienced Las Vegas criminal defense attorneys at Lobo Law will work to keep you out of jail and avoid criminal convictions.  To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

leg.state.nv.us/nrs/nrs-207.html#NRS207Sec280

Understanding Aphantasia 

Someone who cannot produce a mental picture of previous events may have a condition called  aphantasia. It can impact anyone, regardless of a person’s intelligence, sincerity, or alertness. It is a cognitive skill that is non-existent for roughly four percent of the population, making it impossible for those affected to conjure a picture of a scene, a person, or the sequence of events associated with a particular experience. This is not a matter of having a bad memory. It is the inability to picture things in one’s mind and recall it on command.

A Problem in Court 

The obvious hitch in a courtroom is that credibility is indelibly linked to accuracy and truthfulness as judges and juries, among others, evaluate. Thus, a person who delivers inaccurate or minimal details, whether as a witness or as a suspect, can present as unreliable, which can translate to unbelievable. And when a judgment is made that testimony in an interrogation room or on the stand is coming from someone who is not credible, it can taint the whole case in a negative way, with the prospect of leading to a wrongful conviction.

Addressing Such Negative Impressions

Since it can be nearly impossible to unravel initial impressions, it’s vital for a defense attorney to recognize aphantasia, enlighten the jury about its impacts, and demonstrate how standard law enforcement interrogations do not serve those with the condition. Emphasizing the flexibility of reliability factors, and stressing the other strengths of the case that support a version of events that exonerates the suspect is essential. Significantly, it is necessary to show jurors that the absence of visual memory is not synonymous with a lack of credibility. Building a defense, then, must focus more heavily on factors other than visual memory, including:

• Anchors in the daily routines for the person in question;
• Timelines of events compiled based on known facts;
• Calendar entries that can prod memory;
• Receipts addressing questions of what, where, or when questions;
• Audio recordings, video recordings, or time stamps;
• Phone records;
• Diagrams that order events for individuals who are spatial thinkers.

Protecting You and Your Rights

The experienced Las Vegas criminal defense attorneys at Lobo Law always fight for the best possible outcomes for our clients. If special circumstances like aphantasia are an issue, we will deal with them. To discuss, schedule a confidential consultation in our Las Vegas office today.

Who are We Talking About? 

Individuals classified as aliens who are deportable for criminal offenses include several categories of individuals, including:

• Those who are living here on expired visas;
• Those who entered the country illegally;
• Those with current visas, asylum status, refugee status, or green cards.

What Offenses Commonly Lead to Deportation

Federal removal proceedings are serious business and can occur in tandem with detention in a federal ICE detention facility for a period of time. ICE will review the record of any undocumented individuals to determine whether the charges include either aggravated felonies or crimes of moral turpitude, both of which qualify as grounds for removal. Some of the most common aggravated felony convictions that could lead to deportation include:

• Offenses such as sexual abuse, rape, and murder of a minor;
• Trafficking of controlled substances;
• Marijuana offenses–even if state law permits use;
• Firearms offenses;
• Trafficking of destructive devices or firearms;
• Money laundering;
• Domestic violence, including child neglect or abandonment;
• Burglary, theft, and receipt of stolen property;
• Kidnapping and demanding a ransom;
• Child pornography offenses;
• Gambling and racketeering offenses;
• Offenses related to prostitution and/or human trafficking;
• Fraud that results in victim losses of $10,000 or more;
• Counterfeiting a passport;
• Perjury, bribery of a witness, or other charges related to obstruction of justice.

Crimes Involving Moral Turpitude

While crimes involving moral turpitude are not clearly defined, they generally include a combination of reprehensible behavior and reckless conduct. In other words, there must be clear evidence of deliberation or intent to commit the crime, which often revolves around fraud of some kind. The government will have the burden of proving that the defendant acted with calculation in order to get a conviction, so rebutting these charges is imperative.

Other Things Worth Knowing

When it comes to immigration, the definition of “conviction” extends beyond a verdict handed down by a jury. Guilty pleas and no contest (nolo contendere) pleas are also considered convictions, meaning non-citizens must be very careful as they weigh their options in these criminal matters.

Fighting for You

The dedicated Las Vegas criminal defense attorneys at Lobo Law always fight to protect the rights of our clients and to provide a strong defense in order to achieve the best possible outcomes. To discuss, schedule a confidential consultation in our Las Vegas office today.

Source:

uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim

Examples of Medicaid Fraud 

Medicaid fraud occurs in a variety of ways. Knowingly defrauding any health care benefit program violates federal statute. In fact, the act of deliberately ignoring the truth in these matters can land someone in deep trouble, as well. The following crimes occur most commonly:

• Submitting claims to Medicaid for goods, procedures, or services that the patient did not actually need or did not receive;
• Performing a service, but billing for a more expensive procedure;
• Billing two entities for the same service (such as Medicaid and the patient or another insurance company);
• Receiving money in exchange for referrals;
• Providing false information in order to participate in Medicaid;
• Neglecting to adequately medically screen patients who are in labor or experiencing another emergency in a hospital emergency room;
• Supplying misleading or outright false information in anticipation of influencing discharge decisions;
• Failing to report and return erroneous overpayments from Medicaid within 60 days of discovering the issue;
• Billing separately for services that should be combined into one price;
• Misappropriating health care providers’ medical identifiers;
• Buying or selling Medicaid numbers;
• Obtaining medical services or funds using someone else’s Medicaid name and number.

Penalties for Medicaid Fraud

Anyone who is facing charges of Medicaid fraud is looking at substantial penalties

• Being put on the Office of Inspector General’s exclusion list, which means they will never be allowed to work with any federal government health care programs, including both Medicaid and Medicare. For a nurse or physician, that could be career-ending;
• A likelihood the state medical board will suspend or revoke one’s professional license, a serious problem for pharmacists, nurses, physicians, and others;
• Assets linked to the crime, from bank accounts to vehicles and other property, may be seized;
• Civil penalties: Fines of up to $27,000 per infraction in addition to triple the loss to the Medicaid program;
• Criminal fines can be in the hundreds of thousands of dollars;
• Imprisonment for as much as ten years per count.

Fighting for You

The experienced Las Vegas criminal defense attorneys at Lobo Law appreciate the seriousness of these charges and understand just how devastating a conviction can be. We will fight to safeguard your rights and to achieve the best possible outcomes. To discuss, schedule a confidential consultation in our Las Vegas office today.

Source:

ag.nv.gov/About/Criminal_Justice/Medicaid_Fraud/Crime_Types/

Bail Bonds

A bail bond is a common alternative used to provide a financial guarantee that a defendant will show up in court when ordered to do so. Bail is set by the judge, and a bondsman guarantees the bail amount after the defendant, or principal, pays the bondsman a non-refundable premium, or percentage of that bail, known as the bond. Typically, the bond is around 15 percent in Nevada. The bail bondsman issues a surety bond to the court on your behalf, promising that you will appear. If you skip out and miss your hearing, the court calls the bond due, and the bondsman must pay up, meaning they’ll come after you for the balance, which you forfeit.

Bondsmen don’t offer this arrangement out of the goodness of their hearts, of course. They get to keep the premium you paid up front, regardless of the outcome, and they’ll definitely use all their resources to find you if you skip out. And they won’t make a deal with you in the first place unless you have the collateral–such as a vehicle, cash in the bank, or a home, for example, to make the risk worth their while. In the event you don’t have any such assets, they will require an indemnitor, or co-signer. If you prove to be financially unreliable, whoever signs on your behalf will be responsible for the debt.

Other Strings to Bail

The court doesn’t offer the option of bail to everyone. A number of factors are weighed by a judge as they determine if, and what amount, to set bail, including:

• The nature of the crime;
• Your criminal history;
• Your assessed flight risk;
• Your financial situation;
• Your family, job, and other connections to the community;
• Alternatives such as reporting requirements, monitoring, or release on your own recognizance (ROR).

If you are granted bail, the court will attach restrictions to your activities, any violations of which could result in the revocation of the bail agreement and land you back behind bars until your trial. Restrictions may include:

• Random drug or alcohol testing;
• Limits on travel;
• Restrictions on communications or particular locations;
• Wearing an ankle bracelet.

Protecting Your Rights

The Las Vegas criminal defense attorneys at Lobo Law always fight to protect your rights and achieve the best possible outcomes for you. When the court doesn’t see ROR as an option, we work to get a manageable bail set and go to work on your defense. To discuss your situation, schedule a confidential consultation in our Miami office today.

Source:

doi.nv.gov/Consumers/Bail_Consumer_Information/

What is a Protective Order?

Protective orders, sometimes called restraining orders, restrict a person’s ability to contact a person or place.  There are two kinds of orders in Las Vegas: those against domestic violence—issued by a Family Court, and those against stalking and harassment—issues by a Justice Court.

A temporary order is the first step and lasts 30-45 days. This gives the court time to examine the case in detail and decide whether an extended order of protection is warranted. If granted, the order can last for up to a year or two.

Domestic Violence Orders

Domestic violence, sometimes referred to as intimate partner violence, is a behavior pattern that threatens the welfare of a current or former intimate partner. Individuals who have been the subject of domestic violence may seek a protective order as a means of keeping an abuser away.

Stalking & Harassment Orders 

Orders to protect someone from harassment may be related to property destruction or intent to cause harm to an individual. Protective orders may also be issued for stalking—tracking a person and causing them concern for their safety. People involved in these situations may be neighbors, teammates, work colleagues, classmates, etc.

Penalties for Violating an Order 

The first thing that could happen when you violate a protective order is that you will be arrested.  Even without a warrant, if officers have probable cause that there’s been a violation you are heading to jail. From there it only gets worse:

• First Offense: The first time you violate a TPO or an EPO you could be charged with a misdemeanor, which could land you in jail for six months, on top of having to pay a $1,000 fine.
• Second Offense: The penalties double for a second violation—a gross misdemeanor– with fines of $2,000 and 364 days in jail.
• Subsequent Offenses: Further violations are a felony, with prison time attached and fines of up to $10,000.

Protecting Your Rights

Clearly, knowingly violating a protective order is serious business, requiring the efforts of a serious criminal defense attorney. The Las Vegas criminal defense attorneys at Lobo Law are committed to protecting your rights in a situation like this. To discuss your circumstances, schedule a confidential consultation in our Las Vegas office today.

Source:

leg.state.nv.us/nrs/nrs-033.html