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Frequently Asked Questions | Domestic Violence Attorney Las Vegas

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An attorney will meet with you FOR A CONFIDENTIAL AND FREE consultation to discuss the specifics of your case. We understand that not every domestic violence arrest or domestic violence charge is the same. Thus, not every domestic violence defense will be the same. At DV Lawyer Las Vegas, an experienced domestic violence attorney will discuss your case with you and strategize not only a defense that is tailored to your facts, but a defense that meets your goals and budget as well. For more details :- – PowerPoint PPT presentation

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Title: Frequently Asked Questions | Domestic Violence Attorney Las Vegas


1
Frequently Asked Questions Before Hiring DV
Lawyers Las Vegas
2
(1) How long will my domestic violence case take?
  • It depends. From the date of your arrest until
    your criminal trial (or plea hearing if you enter
    into a plea agreement) can take anywhere from
    three months to over one year.
  • Even then, your case can remain open for extended
    periods of time until your sentence has been
    satisfied.

3
(2) When the police arrived the dispute had
calmed and we both advised the police that we did
not want to press charges Why was I arrested?
  • The arrest was required by law. Nevada law
    requires police officers to make an arrest where
    probable cause exists that any one of a number
    of acts was committed that qualify as domestic
    violence under Nevada law.
  • An arrest must be made as long as the police
    arrive within 24 hours of the incident.

4
(3) The police seized my guns Can I get them
back?
  • Maybe. If a weapon was used or threatened to be
    used in connection with the underlying incident,
    it will be seized by law enforcement.  
  • However, law enforcement can seize your weapon
    even if it was not used in connection with the
    underlying incident.  If your weapon is seized by
    law enforcement, you will need a court order to
    recover it.

5
(4) The complainant does not wish for charges to
be pressed Will the prosecutor drop the charges?
  • No. In fact, it is not uncommon for domestic
    violence complainants or victims to be resistant
    to prosecution of the Defendant.  Prosecutors are
    used to this and, if necessary, can utilize
    evidence other than the complainants testimony
    to secure a conviction.
  • The complainant is not the plaintiff in the
    action against the Defendant, the State or City
    is.  Although an uncooperative complainant could
    impact the strength of the case against you,
    whether or not the complainant cooperates or
    testifies is not the deciding factor in the case
    against you.

6
(5) The complainant will not testify against me
Will he or she expose them self to liability for
refusing to testify?
  • Possibly.  The complainant will be contacted by
    the City or State a couple times before your
    trial.  Victim advocates and prosecutors are
    examples of persons that will make contact.  The
    complainant will be subpoenaed to testify at your
    trial.
  •  If the complainant decides he or she will ignore
    the subpoena and/or will not testify at trial, he
    or she should retain independent counsel to
    protect his or her rights.  By ignoring a
    subpoena and/or recanting on the stand, the
    complainant could expose them self to crimes such
    as contempt of court, filing a false police
    report and/or perjury.

7
(6) What penalties will I receive for a domestic
violence conviction in Nevada?
  • Nevada utilizes a minimum ? maximum sliding scale
    for domestic violence penalties/sentencing.  The
    penalties become more severe if you have prior
    domestic violence convictions or aggravating
    circumstances exist with your case.  Mandatory
    penalties include jail time, community service,
    counseling and fines.  
  • If the circumstances warrant, you could also be
    sentenced to drug/alcohol abuse treatment and
    restitution.  Domestic violence convictions can
    also have negative impacts on issues such as
    child custody or your ability to purchase a gun.

8
(7) What types of issues will my domestic
violence defense implicate?
  • Domestic violence cases are complex.  They are
    not simple he said she saids coupled with
    photographs of injuries.  Unfortunately, it is
    not uncommon for domestic violence arrests to
    result from dishonest or vindictive loved ones.
  •  It is also not uncommon for loved ones to take
    the fall by agreeing to go to jail to keep the
    other person out.  In cases such as these, hiring
    a forensic pathologist could be useful in
    establishing that the claimed injuries are old
    and/or could not have been caused by the
    described attack.  Even confessions are
    susceptible to attack. Finally, not all touching
    constitutes a battery.  For instance,
    self-defense involves lawful touching.

9
(8) What do I do if a No Contact or Temporary
Protective Order was issued that prohibits me
from going home or being around the complainant?
  • Comply with it.  Often times, domestic violence
    arrests do not result in the parties divorcing,
    breaking up or even moving away from each other.
     The protective order becomes a barrier that
    prevents two people from seeing each other that
    do not want to be separated.
  •  The best thing for you to do is ask your
    attorney to file a motion that asks the court to
    dissolve the Order.  You and your significant
    others reconciliation intentions aside, the
    circumstances between you are obviously volatile.
     If you ignore the Order, you will do nothing but
    expose yourself to additional criminal liability.

10
(9) I need to go home to get my work uniform and
other personal belongings Can I go home?
  • First, hire an attorney to dissolve the No
    Contact or Temporary Protective Order if one
    was issued.
  •  If there is no time to appear before the Court,
    call the police and have them escort you into the
    home to obtain your personal belongings.  DO NOT
    simply return to the premises alone because you
    need things for work or because I own the
    house.  Doing this will only expose you to
    additional criminal liability.

11
(10) How much will it cost to hire The Hayes Law
Firm to represent me?
  • It depends.  The specific circumstances of your
    case will dictate how much your defense will
    cost.  The attorneys at The Hayes Law Firm are
    experienced and knowledgeable about all aspects
    of domestic violence law.  Given the serious
    penalties involved, your lawyer should
    investigate every aspect of your case from the
    legality of an alleged confession to the validity
    of prior convictions if sentencing enhancement is
    being pursued.  
  • The Hayes Law Firm will not short change your
    case to generate more volume.  Conversely, we do
    not inflate our fees either.  In fact, we offer
    you a free consultation to ensure that you are
    comfortable and confident with us before you pay
    us anything.

12
Contact Us
Dale A. Hayes Jr Call - 702 656 0808 Address -
4735 S Durango Dr, Las Vegas Nevada 89147 USA
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