Who Actually Qualifies as a “Prohibited Person”?

Under NRS 202.360, several categories of people are barred from owning, possessing, or having custody or control of a firearm in Nevada. This includes far more than convicted felons. The statute also covers people who:

• Have been convicted of a qualifying misdemeanor domestic violence offense
• Are currently subject to certain protective orders related to domestic violence
• Have been adjudicated as mentally ill or committed to a mental health facility
• Are unlawfully present in the United States
• Are otherwise prohibited under federal law from possessing a firearm

Because the list is broader than most people expect, someone can be swept into this charge without ever realizing their legal status had changed.

Why the Penalties Vary So Much

Not every violation of NRS 202.360 carries the same weight. Possession tied to a felony conviction, a qualifying domestic violence conviction, or an active protective order is classified as a category B felony, punishable by one to six years in state prison and a fine of up to $5,000. Possession tied to a mental health adjudication or unlawful immigration status is treated as a category D felony instead. That distinction matters quite a bit when it comes to sentencing exposure, so knowing which part of the statute applies to a given case is essential.

What Actually Has to Be Proven?

A firearm charge under this statute is not just about whether a gun was found somewhere nearby. Prosecutors must establish that the person fell into one of the prohibited categories and that the person owned, possessed, or had custody or control of the firearm. Ownership is not the only path to a charge either. Simply having a firearm within reach, in a vehicle, or in a shared living space can sometimes be enough to trigger an accusation, even if the firearm actually belonged to someone else. Was the firearm truly within that person’s control? Did law enforcement have a lawful basis to search the place where it was found? These are the kinds of questions that often shape how a case unfolds.

Contact Our Team Before You Say Anything Else

A prohibited person firearm charge can carry serious prison exposure, and the specific facts of a case, including how the firearm was discovered and whether the underlying prohibition truly applies, can make a significant difference. If you are facing this accusation anywhere in the Las Vegas area, our Las Vegas weapons charges lawyers at Lobo Law are ready to sit down with you, walk through what the state has to prove, and talk through your options. Let us help you today.

Source:
leg.state.nv.us/NRS/NRS-202.html#NRS202Sec360

Why Memory Is Less Reliable Than It Feels

Have you ever been completely certain about something, only to find out later you had it wrong? Memory works that way too. Researchers describe two categories of factors that affect identification accuracy. Estimator variables are things outside anyone’s control at the scene, such as poor lighting, a fast-moving encounter, or a stressful situation involving a weapon. System variables involve how law enforcement handles the identification process itself, including how a lineup is arranged and what officers say to a witness beforehand. When either category is flawed, the risk of misidentification climbs.

How Nevada Courts Look at Identification Evidence

Nevada courts have long recognized that identification procedures can be suggestive enough to raise due process concerns. In one frequently cited Nevada Supreme Court decision, the court examined whether a pretrial identification was unnecessarily suggestive and whether it was nonetheless reliable enough to be admitted at trial. Factors considered included the witness’s opportunity to view the person at the time of the crime, the accuracy of any prior description, the level of certainty shown at the time of identification, and the amount of time between the incident and the identification. These same considerations continue to guide how identification evidence is scrutinized today.

Nevada law also requires every law enforcement agency in the state to adopt written policies governing how live lineups, photo lineups, and show ups are conducted. That requirement reflects a recognition that the process used to obtain an identification matters just as much as the identification itself.

Common Weaknesses Worth Examining

Every case is different, but certain issues tend to surface again and again in eyewitness matters. Consider whether any of the following applied in the situation:

• The witness only had a brief or distant view of the person involved
• A weapon was present, which research shows can distract attention from facial features
• The identification happened well after the incident occurred
• The witness and the person identified are of different backgrounds, which studies show can reduce identification accuracy
• Police comments or lineup procedures may have influenced the witness’s choice

Spotting these weaknesses often requires a careful review of police reports, body camera footage, and the exact procedures used during the identification.

Let Our Team Provide Strong Advocacy

Eyewitness testimony can carry enormous weight with a jury, but it is far from infallible. If you are facing charges built substantially on someone’s identification, it helps to have a thorough look at how that identification came about. Our Las Vegas criminal defense lawyers at Lobo Law are ready to review the facts of your case and talk through what the evidence against you actually shows. Contact us today to discuss your case in depth with a legal professional.

Source:
leg.state.nv.us/nrs/nrs-171.html#NRS171Sec1237

What Does Nevada Law Actually Say About Pandering?

Pandering in Nevada is defined under NRS 201.300, and the statute covers more ground than many people expect. Under this law, a person who induces an adult to become a prostitute, to continue engaging in prostitution, or to enter a location where prostitution is practiced or allowed can be charged with pandering, even without any use of force. When force or the threat of force is involved, or when the alleged victim is a minor, the same statute allows prosecutors to pursue sex trafficking charges instead, which carry far steeper penalties.

Why does this distinction matter so much? Because the presence or absence of force, along with the age of the person allegedly involved, can shift a case from a category C or D felony all the way up to a charge that carries a mandatory prison term measured in decades. Prosecutors know this too, which is part of why these investigations are handled with such intensity from the very first police report.

How Do These Cases Typically Move Through the System?

Pandering and trafficking cases rarely start with a single arrest. They often follow a longer investigation involving surveillance, undercover operations, digital communications, and witness statements gathered over weeks or months. Once charges are filed, the case generally proceeds through a few key stages:

• Arrest and initial booking, often following an undercover sting or extended investigation
• Arraignment, where formal charges are read and a plea is entered
• Pretrial proceedings, including discovery and possible negotiations
• Trial, if no resolution is reached beforehand

Because these allegations frequently rely on circumstantial evidence, text messages, or the testimony of someone with their own credibility issues, the pretrial phase tends to be where the real work happens.

Why Do Prosecutors Pursue These Charges So Aggressively?

Nevada has made combating human trafficking a stated priority, and that focus trickles down into how aggressively these cases are charged and negotiated. Even allegations that seem thin on the surface can be pursued with the same intensity as more clear-cut cases. That environment can feel overwhelming for someone who has never been through the criminal justice system before. Is every accusation accurate? Not necessarily. But the pressure to resolve these cases quickly, often through a plea, is real.

Facing Pandering or Trafficking Charges? We’re Here to Help

An accusation is not the same as a conviction, and the details of how a case was built often matter as much as the charge itself. If you are dealing with a pandering or human trafficking allegation, our Las Vegas criminal defense attorneys at Lobo Law PLLC are ready to review your situation and talk through what comes next. We invite you to reach out to Lobo Law PLLC today to discuss your case.

Source:

leg.state.nv.us/nrs/nrs-201.html

Entrapment Is Not the Same as Being Given a Chance to Break the Law

Undercover operations are a routine part of law enforcement in Clark County. Officers pose as buyers, sellers, and even potential victims to see who takes the bait. That alone is not entrapment. Nevada’s highest court has repeatedly held that offering someone an opportunity to commit a crime, without more, does not amount to unlawful government conduct. The line gets crossed when police pressure, harass, or manipulate someone into committing an offense they were not already inclined to commit.

The Two-Part Test Nevada Courts Apply

Nevada courts evaluate entrapment claims using a two-part standard. First, did the government present the opportunity to commit the offense? Second, and often more decisive, was the person already predisposed to commit that offense before police ever got involved? The Nevada Supreme Court has explained that this framework exists to balance legitimate undercover police work against the risk of manufacturing crimes that would never have happened otherwise.

Why Predisposition Tends to Decide the Case

In practice, the predisposition question often carries the most weight. Once a defendant raises entrapment, prior conduct, statements, and even past convictions can become fair game for the prosecution to introduce, since they can be relevant to showing whether someone was already willing to commit the crime. That is part of why entrapment is such a fact-heavy defense. Two cases with a nearly identical undercover setup can produce very different outcomes depending on what the evidence shows about the person’s mindset going in. Was there hesitation? Repeated refusals before finally giving in? Financial or emotional pressure applied by the officer? These details matter enormously.

Contact a Criminal Defense Attorney About Your Case

Raising entrapment successfully takes more than pointing to an undercover sting and calling it unfair. It requires a careful look at how the interaction unfolded, what the officer said and did, and what the record shows about predisposition before that contact ever began. If you are facing charges tied to an undercover investigation and think the government may have crossed a line, our Las Vegas criminal defense attorneys at Lobo Law are ready to take a hard look at the facts with you. Give us a call to talk through what happened and discuss next steps.

Source:

law.justia.com/cases/nevada/supreme-court/2005/42545-1.html

How Nevada Defines This Charge

Not every fatal crash leads to a felony. Nevada law recognizes a specific, lower-level offense for deaths caused by ordinary carelessness behind the wheel rather than intentional or reckless conduct. Under NRS 484B.657, a person who proximately causes another person’s death through an act or omission amounting to simple negligence can be charged with vehicular manslaughter, a misdemeanor. This might apply to situations like momentarily glancing away from the road, misjudging a turn, or failing to notice a pedestrian in a crosswalk.

It is worth pausing here. Doesn’t it seem strange that a fatal accident could be treated as a misdemeanor? The law draws this distinction because simple negligence, a brief lapse in judgment that any driver could make, is viewed differently than willful recklessness or intoxication. When those more serious factors are present, prosecutors often pursue harsher charges instead, such as reckless driving resulting in death or a DUI-related offense.

What Investigators Look at First

After a fatal crash, Las Vegas Metro and the Nevada Highway Patrol typically respond to the scene, document physical evidence, interview witnesses, and review any available video footage. Investigators are trying to answer a basic question: was this a tragic but ordinary mistake, or does the evidence suggest something more serious? Toxicology results, cell phone records, vehicle data, and speed calculations often shape how a case gets charged in the days and weeks that follow.

What Happens After Charges Are Filed

Once charges are filed, the case moves through the same general stages as other criminal matters, starting with an initial court appearance where the charges are formally presented. From there, the process may involve negotiations, hearings on the evidence, and ultimately a resolution by plea or by trial. Even a misdemeanor charge can carry real consequences, including fines, license impacts, and a permanent record, so how the case is handled early on can matter a great deal.

Contact Us to Discuss Next Steps

Being involved in a fatal accident is one of the most difficult experiences a person can go through, and facing criminal charges afterward only adds to that weight. If you are dealing with a vehicular manslaughter charge, you do not have to sort through it alone. Our Las Vegas vehicular manslaughter attorneys at Lobo Law PLLC are here to listen to what happened, walk you through your options, and stand beside you at every stage of the process. Reach out to us today to talk about your situation.

Source:

leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec657

Where Digital Evidence Comes From

Digital evidence in a Las Vegas criminal case can come from many sources. Cell phones are the most obvious, but investigators also pull data from laptops, tablets, smart home devices, vehicle infotainment systems, and cloud storage accounts. Casino security systems and rideshare records add another layer that is particularly common in cases arising from the Strip and surrounding areas. Social media platforms are frequently subpoenaed as well, since posts, direct messages, and even deleted content can sometimes be recovered and used to establish a timeline or a state of mind.

How Police Obtain Digital Evidence

Nevada law places real limits on how officers can access the contents of a phone or computer. Under NRS 179.045, a search warrant generally must be supported by an affidavit establishing probable cause and must describe with particularity the property to be searched. Nevada courts have made clear that this particularity requirement matters a great deal when it comes to digital devices, since a single phone can hold years of a person’s private life. Investigators typically need a warrant specific to the device and the type of data sought before they can lawfully search text messages, photos, or app content, and evidence obtained outside those bounds can sometimes be challenged.

How Prosecutors Use It at Trial

Once collected, digital evidence is often used to build a narrative around a case. Location data pulled from a phone can be used to place someone near the scene of an alleged offense. Text messages and direct messages may be introduced to suggest intent, planning, or a relationship between people involved. Search history and browser activity sometimes come up in cases involving allegations of planning or research. Metadata attached to photos and videos, such as timestamps and GPS coordinates, can also be used to corroborate or contradict a witness account. Because this information can feel objective and hard to dispute, juries sometimes give it significant weight.

Why the Details Matter

Digital evidence is not always as straightforward as it appears. Location data can be imprecise. Messages can be sent from a shared device or an account that was accessed by someone else. Metadata can be altered or misread. The way evidence was collected also matters, since a flaw in how a warrant was obtained or executed can affect whether that evidence is allowed at trial. These are the kinds of details that deserve close scrutiny in any case built substantially on digital records.

If you are facing charges in Nevada and digital evidence is part of the case against you, our Las Vegas criminal defense lawyers at Lobo Law are ready to look closely at how that evidence was gathered and whether it was obtained lawfully. We invite you to reach out to discuss the specifics of your situation and what your options may look like moving forward.

Source:

leg.state.nv.us/NRS/NRS-179.html#NRS179Sec045

Success

There’s no question about the success of Drug Courts as a diversion program. Well over half of non-violent offenders nationwide who get the opportunity to participate in substance abuse treatment rather than go to jail graduate from the programs, and recidivism rates over three years improves by about one-third.  Some of the best programs claim up to an 85 percent decrease in recidivism.

Mental Health Courts also have promising results, with a 20 percent recidivism rate, compared to a 72 percent rate for non-participants over two years. Some programs are designed specifically toward veterans, while others help participants work toward family reunification.

Diversion programs like these also help graduates to connect to other services such as housing, job training, education, and mental health referrals.

How Programs Work

Evidence-based models are effective because they rely on some very specific tenets. Programs have clear assessment methods and treatment protocols, and, while rigorous, are non-adversarial. Studies indicate that having a law enforcement officer on the team improved graduation success rates. The rules are extremely exacting, as is supervision. Participants undergo routine drug testing, Courtroom interactions are strict, while also being encouraging. As such, participants are rewarded for their successes and sanctioned for missteps, and at some point even tiny infractions can result in release from the program and a stint behind bars. Unfortunately, that means those with the most serious problems and those who are from marginalized groups are generally the most likely to be terminated without success.

Financial Benefits 

While finding issues are a constant challenge, the fact of the matter is that successful diversion programs are much less expensive than traditional incarceration. According to the Urban Institute, the benefits of drug courts financially is more than a 2:1 ratio for every dollar spent. Some programs provide nearly a 4:1 benefit ratio.

Advocating for You

The aggressive, experienced Las Vegas criminal defense attorneys at Lobo Law always fight to protect your rights while achieving the best possible outcomes for you. For many offenders, a diversion program can be an excellent alternative. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

nij.ojp.gov/topics/articles/do-drug-courts-work-findings-drug-court-research

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.