Burglary, Arson, Home Invasion need a attorney that will take payments

[spoiledrotentwo]

I don't know were to begin but we need attorney for a case in Washoe county Nevada . My boy friend is in jail and there doing wrong . There trying to give me 25 to life and he's point attorney is not doing anything for him. I was told that he don't. Please we need help thanks

 

[Proserpina]

Start calling up attorneys in the area.

If the proposed sentence is 25-life, you may find it nigh on impossible for an attorney to take payments rather than a very hefty retainer up front.

 

[disagreeable]

Why don't you share the details as to what is going on and why you feel he is innocent.

 

[army judge]

I believe the underlying offense, alleged to have been committed, involves a burglary of business in the dead of night.

Now, depending upon what type of business was burgled, therein lies the difficulty.

I'm thinking it was a bank, a pawn shop, a check cashing business, or a pharmacy.


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[disagreeable]

Thx AJ, not that I'm half asleep and blind at 2:30, lol. So I guess the question now is why do you think he did this in a manner excusable by statute?

(As an aside, can you imagine going to prison for breaking into an outhouse!!!)

NRS 205.065 Inference of burglarious intent. Every person who unlawfully breaks and enters or unlawfully enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car may reasonably be inferred to have broken and entered or entered it with intent to commit grand or petit larceny, assault or battery on any person or a felony therein, unless the unlawful breaking and entering or unlawful entry is explained by evidence satisfactory to the jury to have been made without criminal intent.

I believe the underlying offense, alleged to have been committed, involves a burglary of business in the dead of night.

Now, depending upon what type of business was burgled, therein lies the difficulty.

I'm thinking it was a bank, a pawn shop, a check cashing business, or a pharmacy.


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[Proserpina]

Dunno, but 25-life ain't your average sentence from stealing your next-door neighbour's outside toilet paper!

Someone, somewhere, did something very, very naughty. And got caught.

 

[army judge]

No problem, D, Nevada is a very curious state.
Don't forget, OJ, was convicted in Nevada.
His co-defendants ratted him out, made deals, carried guns, and never did one day on prison time.
OJ was left holding his collectibles, and wound up doing time.

Burglary is a crime deigned to protect property interests.

You must remember, D, an outhouse was a very sacred place 80 years ago.


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[shrinkmaster]

Does NV have a 3 strikes law? Perhaps that might explain things. Regardless finding an Attorney to take payments when his client could be jailed for life is going to be near impossible.

 

[army judge]

I don't know if NV has three strikes for felons.

That said, this is more than Jumpy and Thuggy burglarizing a gas station.

That's probably one of a number of offenses charged.

Or, Jumpy and Thuggy were already on probation or parole.


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[shrinkmaster]

I found this:

Nevada has its own version of California's "Three Strikes" law. Being found guilty of a felony in Las Vegas when you already have two felony convictions may land you in prison for life.

Our Las Vegas criminal defense attorneys have decades of experience in fighting for "not guilty' verdicts and lesser charges so our clients avoid Nevada's "habitual offender" penalties. Scroll down to learn more about the law and how we can help.


Nevada "Three Strikes" Law

Getting convicted of a third or subsequent felony is its own separate crime in Las Vegas. It carries very harsh prison sentences that the defendant may serve in addition to penalties for the underlying felony.

There are three different classes of habitual offenders in Nevada with their own procedures and penalties:

1.Habitual Felons,


2.Habitual Fraudulent Felons, and


3.Habitual Criminals.



Habitual Felons in Las Vegas, NV (NRS 207.012):


This class of habitual offender applies only to people who've been convicted of three of the following serious felonies:

murder


poisoning with intent to kill


perjuring yourself in order to have an innocent person executed


killing the person you're dueling with


soliciting someone to commit a murder, kidnapping, or arson


rape


kidnapping (including aiding or abetting)


robbery


burglary with explosives


invasion of a home with a deadly weapon


first-degree arson


battery with intent to commit rape


false imprisonment by a prisoner


involuntary servitude


racketeering


human trafficking


permitting a child under 14 to undergo sexual abuse resulting in substantial bodily harm in Nevada


permitting a child under 14 to undergo child abuse if you've been previously convicted of similar conduct


making child pornography


promoting a minor to do child pornography


lewdness with a child under 14


having sex with a corpse


poisoning food, water or medicine


transportation or receipt of explosives for unlawful purposes if substantial bodily harm in Nevada results


a second (or subsequent) offense of using or possessing explosives during the commission of a felony


use of explosives to damage or destroy property if substantial bodily harm results


escaping prison by using a weapon or hostages or by causing substantial bodily harm


allowing a child to be present during drug crimes (not counting marijuana)


making available a drug or controlled substance that causes death


vehicular homicide


DUI causing death


not stopping at a car accident causing injury or death


any attempted category A felony


Getting convicted of being a habitual felon is a category A felony in Nevada. The judge may impose any of the following sentences:

life in Nevada state prison without the possibility of parole, or


life in prison with the possibility of parole after 10 years, or


25 years in prison with the possibility of parole after 10 years



Habitual Fraudulent Felons in Las Vegas, NV (NRS 207.014):


This class of habitual offender applies when the defendant has been convicted of three fraud crimes where:

"Intent to defraud" is an element of the offense, and


the victim of the fraud was a person 60 years old or older1 or a person with a mental disability or a vulnerable person (such as being physically disabled)

Being a habitual fraudulent felon is a category B felony in Nevada carrying 5 to 20 years in prison. To learn more about Las Vegas fraud laws, go to our informational article on Las Vegas fraud laws.



Habitual criminals in Las Vegas, NV (NRS 207.010):


Anyone who's been convicted of any three felonies may be prosecuted as a habitual criminal in Las Vegas. It's the most frequently prosecuted repeat-offender crime precisely because it's not limited to the most serious felonies (like habitual felon) or fraud-related felonies (like habitual fraudulent felon).

The Nevada crime of habitual criminality is divided into two separate sub-crimes. Which one the D.A. pursues depends on the defendant's criminal record:

If a defendant gets convicted of a felony and he/she's previously been convicted of two other felonies, it's a category B felony in Nevada punishable by 5 to 20 years in prison. But if the defendant has three previous felonies, then it's a category A felony in Nevada carrying:

life in prison without the possibility of parole, or


life in prison with the possibility of parole after 10 years, or


25 years in prison with the possibility of parole after 10 years


The slang for these two sub-crimes is "small bitch" and "big bitch" (the word bitch is from the second syllable of habitual). As you might guess, "small bitch" is when a defendant convicted of a felony has two previous felonies, and "big bitch" is the when the defendant has three.



How Nevada habitual offender laws work


When a defendant who's previously been convicted of two or more felonies faces a new felony charge, the D.A. may do one of two things:

The D.A. may charge the defendant with the appropriate habitual offender crime alongside the current felony charge. Then if the felony charge is ultimately dropped or the defendant gets acquitted, the habitual offender charge would be dropped as well; or


The D.A. can wait to see if the defendant gets convicted of the current felony. If so, the D.A. can then file separate habitual offender charges.


If the defendant is ultimately convicted of the felony but denies being a repeat offender, the court will then hold a hearing on the matter. (If the D.A. waited to file habitual offender charges until after the defendant was convicted in the current felony case, then the hearing can't be held until at least 15 days after the filing.)


Two points to note:

1.The D.A. has the discretion never to file "habitual criminal" charges, and the judge has the discretion to dismiss the charges if the D.A does file them. But if the D.A. pursues habitual felon charges or habitual fraudulent felon charges, the judge does not have the discretion to dismiss those charges.


2.If the D.A. agrees to a plea bargain where no repeat offender charges are filed, the court may on its own impose the charge anyway and adjudicate the defendant guilty.


Also note that federal law has its own three strikes law, and that people may be sentenced under it even if their first two "strikes" were in Nevada state court. To learn more about the federal "three strikes" law, go to our article on the federal "three strikes" law.


http://www.shouselaw.com/nevada/habitual-criminal.html

 

[disagreeable]

Next time I duel somebody in NV, I will remember that killing them in the process, can subject me to the third strike after breaking into 2 outhouses. NV really takes their sh@@ seriously.

 

[army judge]

Ask OJ (as well as other celebrities), they discovered Nevada will send you to prison. Their juries aren't swayed by their infamy, notoriety, money, or fame.


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