Las Vegas is a city where you can let loose and have fun, whether in casinos, at nightclubs, along the strip, or around town. However, the law still applies to everyone, and a Las Vegas disorderly conduct lawyer knows the police can cite you for several misdemeanor offenses.
Whether you are a city resident or were visiting Nevada during the incident, De Castroverde Law Group is here to help you navigate your disorderly conduct or disturb the peace charges. Specifically, we can collect evidence related to your case, such as witness testimony or prove that the prosecution has insufficient evidence to prosecute. We are dedicated to helping our clients get their charges dismissed or their sentences reduced, depending on the details of your case. To find out more about our legal services, or to learn more about your case, call a Las Vegas criminal defense attorney at our firm today.
Disorderly conduct does not have a concrete legal definition and is under expansive interpretation in Las Vegas. Generally, disorderly conduct is considered any behavior that causes others alarm or annoyance or any behavior that is likely to lead to unlawful behavior. Some common examples of disorderly conduct and disturbing the peace include:
While many cases of disorderly conduct or disturbing the peace occur around casinos, bars, and nightclubs, you could also be cited or arrested for disorderly conduct during a protest, sit-in, or rally.
It is also important to note that disturbing the peace depends very much upon context. What may be considered disorderly conduct at one time and location may not be regarded as disorderly conduct at another time and place. For example, yelling and jumping up and down may be expected during a baseball game but considered disturbing the peace in the middle of the night in a quiet neighborhood. Likewise, some behavior perfectly legal when you are alone or on private property could lead to a disorderly conduct charge in a public place, such as a sidewalk or bus.
From sports and live music to casinos and restaurants, Las Vegas offers endless opportunities for excitement and fun. Sometimes, though, the fun can get out of hand, and you may face a disorderly conduct charge. Disorderly conduct is a low-level misdemeanor that covers many behaviors, including fighting and threatening conduct or language.
If you face a disorderly conduct charge in Las Vegas, contact the lawyers at De Castroverde Law Group. We have a team of experienced defense attorneys who will review your case’s facts, evidence, and circumstances. We will work with you to develop a defense and do everything we can to reach a fair outcome for your disorderly conduct case.
Disorderly conduct is a term that describes crimes against public peace, a section of Nevada law. Some of the behaviors that are classified as disorderly conduct are:
It is important to note that these offenses can be broadly applied to various behaviors.
Though disorderly conduct is a low-level misdemeanor in Nevada, it can have serious implications, and you should retain an experienced defense attorney to defend against the charge. At De Castroverde Law Group, we will work closely with you to evaluate the reasons for your arrest, and if the facts support it, we will fight hard to have the charges against you dismissed before your case goes to court.
To build your defense, we will consider the circumstances of the charge. One possible defense is context. For example, it is perfectly fine to go to a baseball game or rock concert and yell and cheer loudly. However, if you do this in a library, you will probably be told to quiet down. You could be charged with disorderly conduct for disturbing the peace if you do not. One of the ways we can defend against your disorderly conduct charge is by presenting reasons your behavior was not inappropriate for the situation if this is the case.
Another defense that could potentially apply is that your conduct was justified. For example, you receive a disorderly conduct charge because you were in a fight. However, if we can show that the fight was necessary to protect yourself or others from bodily harm or injury, a court may find your conduct appropriate under the law.
It could also be the case that the disorderly conduct charge against you is an example of guilt by association. For example, you are a bystander on the periphery of a large, out-of-control crowd. When the police arrive, they decide to file charges against you without taking into account why you were there. We may be able to show that the police made a mistake and overreacted by arresting you.
Another possible defense is to make a constitutional argument against your disorderly conduct charge by showing the court that you were legitimately exercising your right of free speech in the events leading up to your arrest. Finally, we may be able to prove to the court that your case is one of mistaken identity.
Under federal law, committing a crime of moral turpitude could lead to your deportation if you are in the United States as a temporary or permanent resident. However, disorderly conduct is not considered a crime of moral turpitude, so a disorderly conduct conviction should not lead to your deportation. However, it is important to note that if you are an undocumented immigrant, you can be deported anytime for any reason, regardless of whether you have been convicted of disorderly conduct or any other crime.
Nevada law classifies disorderly conduct as a misdemeanor, and it carries a maximum punishment of six months in jail and a fine of up to $1,000. Depending on the facts and evidence of your case, the court may also sentence you to up to 200 hours of supervised community service.
In some cases, including if the disorderly conduct charge is your first offense, you may be given community service instead of jail time. You would have to complete your community service under the supervision of law enforcement authorities and be able to prove that you have completed your hours. You can rest assured that our team at De Castroverde Law Group will strenuously argue for community service if you are convicted of disorderly conduct.
A disorderly conduct conviction will result in a criminal record and may make it more difficult for you to find a job, rent an apartment, or engage in other activities. However, under Nevada law, you can have the record of your conviction sealed. In 2017, the waiting period was reduced to one year to seal a disorderly conduct conviction. Our team of attorneys at De Castroverde Law Group can assist you in petitioning the court to have your record sealed so that you can move on with your life.
Our team at De Castroverde Law Group has extensive experience representing clients facing disorderly conduct charges. Our team includes several former government prosecutors who understand how to build a successful defense. We will work with you to evaluate the facts and evidence of your case, explain the law, and create a defense that puts you in the best position to have your disorderly conduct charge satisfactorily resolved.
In some cases, we may be able to get the charge against you dismissed or dropped. However, if your case goes to court, you can rest assured that we will stand by you and fight for you in the courtroom.
Our team of experienced defense attorneys stands ready to help you defend against your disorderly conduct charge. Call us or contact us online today for an immediate, no-obligation consultation.
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De Castroverde Law Group is dedicated to helping someone like you. Someone who has been criminally charged, who has been arrested or someone who knows that they are under criminal investigation. These are frightening scenarios and are usually accompanied by high levels of stress. If you find that you are in a situation similar to this, we highly encourage you to look around our site. Your Las Vegas criminal attorney can do the following:
Understanding the criminal trial procedures and overall process is crucial when you have been charged in Las Vegas. A trial may seem tidy on television shows, but it is usually a long and technical process which can take months or even years to resolve. There are many aspects to a trial, the first of which is deciding whether the defense wants the trial to be done by judge or jury. If it is to be done by jury, the selection process, known as “voir dire,” consists of the prosecution and defense asking questions to potential jurors.
In a trial, surprises are not allowed. Witnesses must be submitted beforehand, and both parties given the opportunity to question them. Any relevant evidence must also be submitted beforehand and agreed upon by the judge and opponent. Witnesses and evidence can be deliberated, as one party is allowed to argue against something being allowed in trial.
Cross-examination of witnesses happens next, and your lawyer can question the validity of their claims. If they feel that the prosecution has not produced enough evidence to convince a jury of guilt, they can move to have the trial dismissed. If that is not granted, then the defense will have the opportunity to show inaccuracies in the prosecution’s case. After all of this, each side presents closing arguments, and the jury is given instructions before the deliberate everything they have heard. The final step is verdict and, if necessary, sentencing.
Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not guilty plea, in which your attorney will procure evidence and witnesses to build your case.
This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to just think that you did it; the evidence has to be almost overwhelming. If it’s applicable, you and your lawyer will use the alibi defense. If the crime occurred at a certain time or place, and you can provide evidence that you weren’t there. For example, if the crime happened between 9:00 and 11:00 pm, but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.
Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be released from prison after an arrest, and is determined by the judge of magistrate. This release is temporary, and is usually also made under the condition that you will appear in court.
Bail is set based on the nature and severity of the offense for which you are accused. Another thing that the judge considers is the likelihood that you will attempt to leave town or break the law again should you not be in prison. A “bail algorithm” is used which considers several other factors, such as age, health, criminal history and record of failing to appear in court, if one exists. This is done to avoid any accusation of bias against or towards the defendant.
The magistrate has the authority to set a bail amount as they see fit. A person arrested for drunk driving will have their bail determined by how far over the legal limit they were, whether they caused an accident and whether there are any injuries. For all other crimes – from petty theft to murder and everything in between – the bail will be set by a judge. The amount of bail for domestic violence or battery is predetermined by Nevada state law, and depends on whether you saw a judge or magistrate and how long after the crime you were admitted:
$3,000 – If the person has no prior arrests and there’s no reason to believe that the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours, violating a restraining order, stalking or harassment would also receive this bail amount.
$5,000 – If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one previous conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking or harassment.
$15,000 – If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking or violating a restraining order.
Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.
No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all of the rights you as an inmate would have:
Freedom of speech and religion – You still have the right to communicate with family and the outside world, as well as send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk are not allowed to be confiscated.
Medical and mental health care – All of your needs in this regard have to be met. Whether it’s something simple such as asthma and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.
Cruel, inhuman and degrading conditions – This pertains to many things: overcrowding, violence or abuse and mistreatment based on race, gender or religion are against the law.
If you have been incarcerated and you feel your rights in any regard have been violated, seek counsel from an experience attorney. Constitutional rights are extended to all citizens no matter what, so if these protections aren’t afforded to you by the prison officers, you have a right to a lawsuit.