Social Media and Privacy Settings

Are you involved in a Civil, Criminal, or Family Court matter?  If you are, an attorney is trying to do research on you via the internet.  Social media, like Facebook, Twitter, Instagram, etc., can be a very valuable resource for attorneys in developing a case against you, or discrediting you.  Pictures and statements that you feel are harmless can be taken out of context and used against you. The best thing to do to prevent this from happening is to keep your settings as private as possible, so people like attorneys cannot see your information.  Remember, attorneys cannot misrepresent who they are pursuant to their ethical rules, so if an attorney does make a misrepresentation, they can be sanctioned.  Be careful with your information as to what you put on the internet, and who you trust, because it could become a big issue in your life if you end up fighting about something in court.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a protective order (TPO or EPO) has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Domestic Violence - Coercion

What is the crime of coercion?  It is included in the definition of Domestic Violence in Nevada as part of NRS 33.018:
1. Domestic violence occurs when a person commits one of the following acts against or upon the person's spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child:
(a) A battery.
(b) An assault.
(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
...
Although the word coercion is not used in NRS 33.018, the definition is covered in section (c).  Coercion is further defined in NRS 207.190.
1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of the other person's family, or upon the other person's property, or threaten such violence or injury;
(b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof; or
(c) Attempt to intimidate the person by threats or force.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.
As seen, coercion with physical force is a very serious crime, and if convicted, a person could go to prison.  In the municipalities in Clark County, misdemeanor coercion is a crime regularly charged in addition to a count of battery constituting domestic violence because no physical touching is needed for the conviction.  For example, if a defendant has been charged with trying to stop someone from calling 911 by threatening them and then grabbing their arm to stop them, the defendant could be charged with both coercion and battery domestic violence.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident like coercion, or if a protective order (TPO or EPO) has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Keeping a Diary

In many domestic relationships, there comes a point where people start to get a bad feeling about what is going to happen in the future, like an event of domestic violence.  Maybe your partner is acting strange, saying strange things, or lying.  Maybe your partner has had a hard time controlling her temper at times or become more aggressive, and you feel like a physical altercation may be on the horizon. Clearly, there are certain steps that can be taken to attempt to prevent future physical or mental abuse, like communication, counseling, medication, leaving the relationship, etc.
After an event has occurred, and a party comes to an attorney for help in a criminal or family law situation that has resulted.  The attorney will ask his client about the partner's strange behavior before the alleged violent incident in question.  The attorney would like to have concrete, specific examples of the behavior, and usually human memory does not allow for a high level of detail in recalling past events.
If the client would have kept a diary and written down the partner's strange, aggressive, or criminal behavior, the attorney could use the diary to more clearly evaluate the client's defenses and potentially use the diary at trial.
The rules of evidence allow for these diaries to be used at trial in certain situations.  NRS 51.125 allows for the recorded recollection to be admissible.  "1. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately is not inadmissible under the hearsay rule if it is shown to have been made when the matter was fresh in the witness's memory and to reflect that knowledge correctly.  2. The memorandum or record may be read into evidence but may not itself be received unless offered by an adverse party."
Even better than a diary, would be an in-person video or audio recording of the behavior on a smartphone (no recording of phone conversations without consent).  Always remember that some of this data could also be available in old text messaging and other social media.  All of this information should be saved and could prove to be very helpful in the prosecution or defense of a case.  Collect all of this data, and present it to your attorney if a legal situation arises.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Domestic Violence and Children

When is Battery Domestic Violence considered child abuse?  Clearly, the victim of the battery needs to be a child (person under the age of 18) to be considered child abuse, but there are other requirements for a battery on a child to be considered child abuse. Pursuant to NRS 200.481(a), which is where the definition for battery in the battery domestic violence statute comes from, "Battery" means any willful and unlawful use of force or violence upon the person of another.  There is no requirement of physical harm in this definition, so no matter how slight the use of force is against another person, a conviction for battery can be had.  Child abuse is more specific as to the result of the willful act.  NRS 200.508 defines child abuse in Nevada and the punishments for conviction.  Pursuant to Subsection 4. "(a) "Abuse or neglect" means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070; , 432B.100; , 432B.110; , 432B.140; and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.(b) "Allow" means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.(c) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.(d) "Physical injury" means:(1) Permanent or temporary disfigurement; or(2) Impairment of any bodily function or organ of the body.(e) "Substantial mental harm" means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior."
Child abuse calls for an injury or harm to the physical or mental well-being of the child whereas battery domestic violence does not have the element of the resulting injury or harm.  Child abuse is a more serious crime than battery domestic violence as it is a felony.  Battery domestic violence is a misdemeanor unless substantial bodily harm results from the battery, a weapon is used, or the battery was committed on a protected party while performing their job.  Pursuant to these statutes, a person could commit a battery on a child that does not arise to the level of child abuse.  There are many other subjects in relation to this topic that will be discussed in the future.    

If you have been charged with Battery, Battery Domestic Violence, Child Abuse or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Alcohol, Alcoholics, and Testimony

Alcohol is a powerful substance as it can have significant effects on the mind and body.  Alcohol changes people's conscious perception of events and alters people's decision making and their personalities.  Everyone is affected differently.  As everyone is aware, some people are able to handle alcohol in a manner that is socially acceptable and others are not.  Some people become chemically dependent on alcohol.  Some people always find themselves making bad decisions after drinking alcohol.  Others become violent after drinking alcohol.
Alcohol can be a very important factor in criminal cases.  Use of alcohol can actually negate the intent necessary to commit certain crimes, but alcohol use is is more frequently a factor with witness testimony.   Witness testimony is necessary in all criminal cases, and a witness's ability to perceive and recall events is crucial.  Alcohol use creates doubt as to the reliability of the witness's perception and recall.   Doubt regarding a witness's testimony, which a Defendant can introduce to a trier of fact (judge or jury) in a criminal case, makes a not guilty verdict more likely.
The testimony of someone who drinks alcohol in large quantities on a regular basis (for the purposes of this blog "an alcoholic") can be even more unreliable.  The effects on the brain of substantial alcohol use, especially over long periods of time, are undeniable.  The brain is not able to function in the same way as it was without the alcohol.  In a criminal case, this can bring doubt into a case when an alcoholic witness has been drinking, or even when an alcoholic witness has not been drinking.  This can work against Defendants as well, so strategy is important.  It can also be difficult to introduce evidence of alcoholism into a case because of certain interpretations of the rules of evidence.  Defendants must make sure that their attorneys take a witness's alcohol use and/or abuse into consideration when negotiating a case or especially at a hearing.  
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Using Protective Order Hearings to Your Advantage

Suddenly, you have been charged with Battery Constituting Domestic Violence, and a Temporary Protective Order has been served on you.  These are serious matters, especially the criminal charge.  From a defense perspective, the protective order hearing may give a Defendant an opportunity to employ strategies to help the criminal case.  Due process dictates that if the Applicant wants to extend the protective order against the Adverse Party (for up to one year), the Applicant must appear and testify at a hearing.  At this hearing, there are not many rules, but the parties are sworn in and testify under oath.  Although normally a Defendant does not want to testify as to the underlying facts in the criminal case, there may be an opportunity for the Defendant's attorney to question the Applicant. Sometimes this questioning can bolster the Adverse Party's arguments at the criminal trial or lead to other discoveries.  The hearing master probably will not let the attorney go too far, but this is another reason hire competent counsel to not only represent you at the criminal trial, but also at the hearing on the protective order.  The protective order might even be extended, but, more importantly, your attorney has received information that may help to win the more serious criminal trial.
Every case is different, but you should consult an attorney immediately to inquire as to whether these strategies may work for you.  
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

No Victim, No Problem

Does a prosecutor need the victim of Domestic Violence to testify in order to obtain a conviction?  The answer is not always.  The easiest way for a prosecutor to move forward with a case without the alleged victim is when there were other people present to personally witness the event.  This happens often in Las Vegas because of the nature of the town.  Las Vegas encourages drinking alcohol in order to ease inhibitions with money, particularly for gambling.  In some people, this can cause large amounts of stress or loss of control.  This can lead to verbal arguments and sometimes physicality.  Some of these events occur in casinos.  If an event of Domestic Violence occurs in a casino, it is very likely that there will be witnesses to the event other than the victim, so the prosecutor does not need the victim to testify as to the event because they have a third party that can testify that "I was there, and I saw the woman hit the man with her purse."  In most situations, a prosecutor does need an alleged victim to testify as to an event because the only witnesses to the event were the alleged victim and the defendant.  It is still very important to have a competent attorney representing you as sometimes prosecutors will attempt to use tactics which can be challenged as unconstitutional or illegal in some other way.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Domestic Violence and Kidnapping

In incidents of Domestic Violence, even where there is relatively minor physicality and/or threats, a major charge can be levied by the State in certain circumstances.  That major charge is kidnapping.  The Nevada kidnapping statute is below: 

Degrees [of Kidnapping].

  1. A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.
2. A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person's will, is guilty of kidnapping in the second degree which is a category B felony.            NRS 200.310.  

This statute is very broad in its scope, and, with relatively minor physicality and/or threats, a person can be charged with kidnapping.  A child does not need to be involved.  Kidnapping in the first degree is one of the most serious charges that can be levied upon a person in the state of Nevada.  If convicted, a life sentence will be imposed.  The difference between a misdemeanor Battery Domestic Violence case and a life sentence is not as broad as one would think. 
If you have been charged with Battery, Battery Domestic Violence, Kidnapping, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Battery Domestic Violence and False Imprisonment

In many instances where there are allegations of Domestic Violence, there are also allegations of restricting the alleged victim's movement.  A typical, general allegation is "he was angry and pushed me and told me I could not leave the apartment, so i stayed there until he fell asleep."  A accusation like this may lead to a charge of false imprisonment.

Pursuant to Nevada law: 

1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
   (a) By a prisoner in a penal institution without a deadly weapon; or
   (b) By any other person with the use of a deadly weapon,
   the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      NRS 200.460

A charge of False Imprisonment can compound the difficultly of a Domestic Violence charge.  First, False Imprisonment is a more serious criminal charge than misdemeanor Battery Domestic Violence as it is a gross misdemeanor as opposed to a regular misdemeanor.  Gross misdemeanors carry a possible jail sentence of 1 year, which is double that of a regular misdemeanor.  Also, the gross misdemeanor charge is more complex to defend, procedurally, so you will pay an attorney more money for competent representation.  The more serious charge also forces a less desirable negotiation in many cases.
If you have been charged with Battery, Battery Domestic Violence, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice.com for help.  

familylawlv.com - Domestic Violence, Divorce, and Child Custody

The gradual decay of a relationship can lead to incidents of Domestic Violence.  Although violence is rarely legally acceptable, it does happen frequently in our society among people with a domestic relationship.  Relationships are very complex, and these situations can develop in a multitude of different ways.  One example of this downward progression is when non-physical arguments become arguments with minor physicality, which become arguments with more and more physicality.  This escalation of violence may cause irreparable damage to a relationship as the physical and emotional toll of these incidents is usually large.
When a relationship ends, there are legal implications if the couple has kids and/or is married.  Domestic Violence can play a large role in the custody of children and the division of assets.  Because of the connection between Domestic Violence and family law issues, George E. Robinson, Esq. has handled family law issues in the past for his criminal clients, but now he has formally expanded his practice to include family law.  A website is now online, familylawlv.com.