A criminal conviction may adversely affect many aspects of your life, such as your job prospects, your finances, and your professional and personal reputation. If you are facing criminal charges in Nevada, it is important to seek the help and guidance of a skilled Las Vegas criminal defense lawyer. At Malcolm P. LaVergne & Associates, we are committed to protecting your rights at every step of the way. We can provide you with a vigorous defense in an effort to minimize the impact of the charges. Our firm also represents people who need a personal injury lawyer to assist them after an accident.Understanding Your Rights When Facing Prosecution
We represent people who have been charged with a wide range of offenses, such as DUI, drug offenses, violent crimes, and vehicular crimes. In all criminal cases, a defendant is presumed to be innocent until and unless they are proven guilty. The criminal justice system does not require a defendant to prove their innocence. Instead, to obtain a conviction, the prosecutor must prove each element of a criminal charge beyond a reasonable doubt. This is much higher than the standard of proof in civil cases, which reflects how much is at stake in these proceedings. Some common defense strategies include attacking the credibility of the prosecution’s witnesses, arguing that intent or another element of the crime is absent, or asserting that proper procedures were not followed by law enforcement. A knowledgeable criminal defense attorney can help Las Vegas residents determine which strategies may be appropriate.
Criminal defendants in Nevada and other states also have a constitutional right to receive Miranda warnings upon their arrest. The Miranda rights include the right to remain silent and the right to an attorney, as well as warnings against self-incrimination. If an arresting officer fails to read your Miranda rights before taking you into custody and interrogating you, any statements that you make while in custody likely will be inadmissible as evidence against you in court.
Both the U.S. Constitution and Nevada law also protect citizens from unreasonable searches and seizures by police. There are strict guidelines that law enforcement must follow for a search and seizure to be considered constitutional and for its results to be admitted in court. While there are exceptions, under the general rule, a search warrant based on probable cause must be obtained prior to a search. In other words, a mere suspicion of activity with no supporting evidence or information is not enough to justify a search warrant. A warrant must be supported by a police officer’s oath or affirmation, and it must describe the location to be searched and the items to be seized in as much detail as possible. Otherwise, evidence that law enforcement seizes probably will be excluded, hampering the ability of the prosecution to prove its case.Contact a Criminal Defense Lawyer in Las Vegas or Surrounding Areas
If you have been arrested or charged with a crime, it is important to seek legal help as soon as possible. At Malcolm P. LaVergne & Associates, a Las Vegas criminal defense attorney can zealously protect your rights throughout the entire legal process. We also represent people in cities such as Henderson, Mesquite, North Las Vegas, and Boulder City, as well as elsewhere in Clark County. You can contact us online or call us at 702-448-7981 to set up an appointment.