Blogs from November, 2022

Many states still have laws regarding public intoxication. Nevada is not one of these states. In fact, the state has a reputation for being quite liberal about alcohol. Standard grocery stores can sell liquor, and there are no time restrictions for dedicated liquor stores. They can be open 24/7. Nevada even allows its citizens to openly drink in public, which many other states do not.

With all these facts taken together, it’s not surprising to find that simply being intoxicated in public is not a crime.

The problem, however, is the unruly behavior that often accompanies drunkenness. Nevada may not specifically criminalize drunkenness, but citizens can be arrested for disorderly conduct.

Nevada’s Disorder Conduct Penalties

Disorderly conduct is a broad charge. It can include acts such as disturbing the peace, challenging someone to a fight, and harassing others.

In Nevada, disorderly conduct is a misdemeanor, punishable by up to 6 months in jail and fines as high as $1,000.

Even though it is officially part of the potential consequences, jail time for disorderly conduct is rare in Nevada. Typically, courts put people in jail only if they are repeat offenders or if they miss appointed court dates.

Charges That Could Be Reduced

In some scenarios, your attorney could help you argue a misdemeanor battery charge down to a disorderly conduct charge.

If successful, this reduction in charges could have great benefits. First, it makes your record look better. Battery carries a strong stigma, insinuating that the alleged offender is a violent, unpredictable person. Potential employers and landlords can see a battery charge on your record and dismiss you outright.

Next, it is much easier to seal a disorderly conduct charge, erasing it from your record. Nevada allows you to seal these charges after one year, but you must wait two years to seal a battery conviction.

Defending Against a Disorderly Conduct Charge

Many effective strategies can help you fight this allegation.

You Did Not Disturb the Peace

Because disorderly conduct definitions are so broad, they are also easy to dispute. You could reasonably lay out the facts of your case, demonstrating that the arresting officer overreached. Put simply, your behavior may have been annoying, but that doesn’t make it illegal.

False Accusations

Police do not always have to witness a crime to make an arrest. Perhaps, in a drunken state, you irritated someone, and that person then accuses you of disorderly conduct. The police make an arrest based on someone else’s incorrect allegations.

Mistaken Identity

In a crowded bar, it’s easy to mistake one person for another. Perhaps someone else was engaged in some truly unruly behavior, and you took the blame.

Breach of First Amendment Rights

If someone is drunkenly wobbling in the streets, screaming threats, and cursing, police could reasonably arrest them for disorderly conduct. However, someone could get into a heated, civil discussion and voice an offensive opinion. If this results in an arrest, it could be a violation of this person’s First Amendment rights.

Our firm helps defend Nevada citizens from misdemeanor and felony accusations. If you need help, you can schedule time with us online or call us now at (775) 502-1575.

Our justice system is based on “reasonable doubt.” A jury must be 100% certain of someone’s guilt before convicting them. This is a high bar, designed to give citizens the best chance against bias and corruption.

Even the most reasonable people, however, can be swayed in a criminal trial. Defendants are often convicted of crimes they did not commit. The system understands this possibility, and it allows people another chance, even when they’ve already been tried and found guilty.

If you’ve been falsely convicted of a crime, you can appeal this decision to a higher court. In Nevada, you have a few options to challenge a wrongful conviction.

Appealing a Decision

Nevada has a specific chain of appeals, depending on the source of your conviction.

• Justice court or municipal court appeals go to the District Court.
• District Court appeals go to the Nevada Supreme Court.

Appeals are like a trial on paper. Your attorney must collect all the necessary evidence and present them in documents. These documents must outline what, exactly, went wrong with the trial. Many appeals are thrown out, simply because they are poorly written or don’t present a clear argument. You need a good attorney who can write a clear, reasoned appeal in your case.

There are many justifiable reasons to appeal your conviction, such as:

• The sentence was cruel and unusual.
• The prosecution’s evidence does not support a guilty verdict.
• The court did a poor job, violating procedure or your constitutional rights.
• Inappropriate evidence was allowed into your case, needlessly biasing the jury against you.
• Your original attorney did a poor job, mismanaging your case or outright violating your constitutional rights.

Motioning for a New Trial

If your conviction directly violates the law or the constitution, you can motion for a new trial within 7 days of your conviction.

The motion for a new trial works when:

• The original conviction somehow violates the law.
• New evidence surfaces that could exonerate the convicted person.

Before the state can approve a new trial, it holds a motion hearing. During this process, the judge decides whether a new trial is justifiable. The judge will consider the alleged mistakes in the original trial or overlook the new evidence. The hearing discusses only the reasons for a new trial, so there are no witnesses, cross-examinations, and so on.

This hearing could have a couple of different outcomes. It could result in a new trial, as intended. If, however, the evidence is strong enough, the judge could simply overturn the original conviction, setting the convicted party free.

A Writ of Habeas Corpus

In extreme circumstances, your attorney could file a writ of habeas corpus. Essentially, this plea claims that someone is being wrongfully detained and deserves immediate freedom. These are serious claims, so the deadline for a writ is very short.

Courts typically deny habeas corpus claims, so they must be thoroughly researched and present near-infallible arguments. They require a skilled attorney who, essentially, must prove that the state has made a grievous mistake.

Our firm is here to help with criminal appeals. For a free consultation, contact us online or call us now at (775) 502-1575.