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"...with Liberty and Justice for All!"

 

 Call for a free consultation:

Office:   (702) 809-6904

Fax:        (702) 655-0036

E-mail:   aw@wrightlawnv.com

Mail:     420 N. Nellis Blvd. A3-150

         Las Vegas, Nevada 89110

Anthony can meet with you in a mutually convenient location within the Las Vegas Valley.

 

TRAFFIC TICKETS:

 

Also visit our "Traffic" page.  Traffic violations are considered crimes by the State of Nevada.  That’s right, not coming to a complete stop at a stop sign, failing to use a turn signal, speeding, tailgating, and etc. are all CRIMES.  They are misdemeanors punishable by high fines, jail of up to 6 months, community service, traffic school, and even visits to the morgue.  Beyond these punishments, you also have to use your precious time going to court, waiting in line, and risk points on your driving record and the resulting increase in insurance premiums.  It is strongly advised that you have an attorney assist you.  Usually this means that you will simply have to pay a reduced fine, months down the road, and that’s it.  No wasted time, no stress, no points, no increased insurance premiums—just payment to the lawyer for the service and then payment to the court for the fine. 

 

See our “Traffic” page for legal services prices based on the jurisdiction in which you received the ticket.

 

OTHER CRIMINAL MATTERS:

 

Just because the government accuses a person of a crime does not mean that the person is a criminal. Sometimes the prosecutors are wrong. Sometimes the prosecutors trust and then rely on false reports by police officers.  Attorney Anthony Wright became committed to defending the accused following his own encounter while in law school with Las Vegas police officers who wrote inaccurate facts in their police report--which resulted in an internal affairs investigation and interest by the American Civil Liberties Union.

 

Police and prosecutors can jump to conclusions and tarnish reputations with horrible and false accusations.  For instance, Anthony has worked on a case where innocent business men were accused of slavery, and the charges were so egregious that the case received world-wide media attention.  The charges were ultimately dropped by the US Attorneys office, but not until after the defendants spent many days in jail and had to suffer the stress of the United States government's false accusations.

 

If you have committed a crime, you may be "overcharged" meaning that you are accused of a much more serious crime than you ought to be.  For example, a shoplifting crime could be trumped up from a misdemeanor to felony burglary.  In his work with the Las Vegas public defenders office, Anthony was privileged to assist many individuals who had difficult lives that were only made more difficult by criminal charges.

 

The Wright Law Offices will review your charges, the evidence against you, whether the evidence was appropriately gathered and whether it is sufficient for the crime with which you are accused, and will attempt to negotiate with the prosecutor in charge to reach a settlement that you can live with. 

 

If a negotiation cannot be reached, then we shall prepare to go to trial so that a judge or jury will determine your guilt or innocence.

 

IMPORTANT ARTICLES:

 

Were you lying then or are you lying now?

Whether you committed a crime or not, you have the right to remain silent when being questioned by an authority figure. The right against self-incrimination is a constitutionally protected fundamental right. This article will point out a few of the reasons you should keep your mouth shut.

 

Reason 1.

The police are not there to help you. They are there to gather evidence against you. Officers will play the good cop by acting like they want to understand you and will be on your side. Then, if you are less than forthcoming, the same cop or another one will become angry and attempt to threaten you into confessing. Do not fall into these traps.

 

The officers might act like they are just conversing with you. The fact is that they want to gather sufficient evidence so that they have probable cause to arrest you, at which point they will read you your rights-but it could be too late already if you confessed. The officers will say that you confessed voluntarily, even if they manipulated you long before they arrested you. Who are you to then stand up in court and call our fine peacekeepers liars?

 

Reason 2.

Officers can purposefully or negligently miss-write on their reports what you told them. Police reports are considered to be pretty good evidence in court. When you take the stand and recount under oath the events leading up to your arrest and what you say does not match up with the police report, the District Attorney can then ask you the damning rhetorical question of, "Were you lying then or are you lying now?"

Reason 3.

If you told the police anything, whether you are innocent or not, you have just made it much more difficult for your attorney later on to present a theory of the case that could show you are not guilty. By speaking to the officers, you are reducing your possible defenses.

 

Conclusion

A wise man once said something to the effect of "a person is not condemned by what is put in the mouth but by what comes out of." Therefore, when approached by an officer, be polite, courteous, and quiet.

 

Posted by Anthony Wright--The Wright Law Offices--Las Vegas

Labels: cops, Criminal, police, remain, rights, silence, silent, talk

 

 

CRIMINAL: Cruel and Unusual: How Prosecutors Punish Criminals

Our United States Constitution tells us that we citizens cannot be tried for the same crime twice. For example, if we are charged with murder and a jury finds us not guilty, we cannot again be brought to trial for the same murder later. Double jeopardy is against the law of the land.

We can, however, be sued. For those who remember the OJ Simpson trials, you will recall that he was first tried for the crime of Murder and was acquitted because the glove did not fit. The murder victims' families later sued OJ for "wrongful death" and he lost millions of dollars. This is not an example of double jeopardy because one trial was for crimes and the other was a civil lawsuit. The constitution only applies to criminal cases.

 

However, lawyers who become legislatures have created laws, which are interpreted by other lawyers called District Attorneys, which can cause a person to be punished more than once for the same crime. These laws include "enhancement" statutes and "strikes" laws. Oftentimes the enhancement statutes are interpreted together with the strikes laws to really punish a person. Punishment twice for the same crime is not double jeopardy and does not offend the constitution.

 

Case in point, Mr. Leandro Andrade of California, was tried and convicted on two counts of shoplifting from K-mart some years ago. Shortly before Christmas, this father with a drug habit, went to K-Mart and stuffed several children's videos down his pants but was caught when leaving the store. He was given a written citation to appear in court. Two weeks later he attempted the same petit larceny at another K-mart and was again caught and cited.

Mr. Andrade had prior convictions for minor non-violent offenses and had served time behind bars for them. Most of his offenses were petty and involved his addiction to drugs.

 

What Mr. Andrade did not know and what most of California did not know, was that the new three strikes law would be applied to Andrade's case and Mr. Andrade would spend the rest of his life in prison. Ignorance of the law is no excuse, right? Who knew that two laws in different parts of the criminal code would come together for this result. District Attorneys, that's who.

 

You see, California had enhancement statutes, which say that if a person has had prior convictions and commits a new crime, the prior convictions are upgraded to felonies, and so are the new crimes. Thus, in the case of Mr. Andrade, who had had misdemeanors in his past and his newest crimes were also misdemeanors, the enhancement statutes upgraded his prior misdemeanors and his current ones to felony status.

 

Next, the District Attorney decided to apply the new Three Strikes Law. Under this law, once a person has a third felony conviction, the person will receive a minimum stay in prison of 25 years and a maximum stay of life. Do-gooder legislatures and angry parents created the Three Strikes Law which was intended to put away violent repeat offenders. By violent, the angry parents of dead children meant killers and rapists.

 

Nevertheless, Leandro Andrade, a Veteran of the Armed Forces, a father, and a non-violent drug addict suffered the Three Strikes Law because the District Attorney, Judge, and even the Supreme Court of the United States believed that although his offenses were not violent, they could have been. They declared that the act of shoplifting could have become violent because any crime shows a disregard for the common welfare and has the potential of becoming dangerous. Besides, an example should be made of Andrade to deter other recidivist from continuing to thumb their noses at the law.

 

Thus, Mr. Andrade's last two unsuccessful attempts at shoplifting constituted his third and forth felony which became his third and fourth strikes. Now you must be thinking that he received a minimum of 25 years and a maximum of life in prison. Not so!

The District Attorney and Judge declared that each count deserved its own sentence and that the sentences should run consecutively, not concurrently. Therefore, Andrade received a minimum of fifty years in prison and will not be eligible for parole until he is in his late 80s. His children will grow up, go to college, get married, have children of their own and will only get to visit their father occasionally for limited time periods at a prison. No grandpa Leo visiting on Holidays.

 

Several parents who lost children to murders were outraged when they learned that their efforts were being used to put away people like Andrade. It was a slap in the face to folks who had lost children to killers. They worked so hard for a law that would prevent killers and rapist from committing sixth, seventh, eight, and more crimes, and now the "justice" system was putting away a father who tried to steal less than $500.00 worth of children's videos shortly before Christmas.

 

This application of an otherwise well-intended law in California should tell us why California went bankrupt. California shelters and feeds petty offenders for the rest of their natural lives. Meanwhile, real murderers and rapists will be out of prison long before Mr. Andrade so long as their crimes were only the first or second offense.

The Constitution of the United States guarantees that we Americans shall not suffer "cruel and unusual" punishment. Some of the Supreme Court Justices had said in the past that even prison terms could be cruel and unusual if the time given was excessive when compared to the offense. However, the very same Justices who had said this in the past declared that Mr. Andrade's punishment fit his crime.

 

Noteworthy for you readers is that if you are accused of a crime you did not commit but you accept a plea bargain because you cannot afford to take a chance at trial, you will be a convicted criminal in the eyes of our "justice" system. Later on this conviction could be used against you when you are charged with another crime and your punishment can be much more severe.

And if you think that you will not be charged again with another crime in the future, remember that your prior crime is on the books and any police officer who thinks you are a suspicious person can access your record. If you committed a crime in the past, it is likely that you committed this one too, right?

 

Innocent people on death row have been exonerated after spending decades behind bars because new DNA evidence proved that they did not commit the crime.

 

Why were they found guilty? A combination of prior arrests and convictions, overzealous cops, tainted witnesses and evidence, overburdened public defenders, bored sleeping judges, apathetic juries, and mean-spirited or power hungry district attorneys contributed to the convictions.

 

The best thing to do is to never get a conviction, ever! This means you should plead not guilty if you are innocent and you should have an attorney go to the bat for you. If you have been arrested or convicted, at your earliest possible time, work to have the record sealed or expunged.

 

Posted by Anthony Wright--The Wright Law Offices--Las Vegas

Labels: accusation, conviction, Criminal, DAs, district attorney, Leandro Andrade, prosecutors, strikes, three, three-strikes law

 

 

MARIJUANA:

Nevada has forty-six Nevada Revised Statutes in its law books that directly deal with cannabis.  Forty of the statutes involve medical marijuana and six involve criminal usage.  There are many more indirect statutes, case laws, and federal laws that are relevant as well. If you have been charged with a crime involving marijuana, call us to assist. We do not advocate the usage of this substance, and by no means encourage breaking the laws, however, with so many laws on the books involving this weed, it can be confusing to know your rights.  It is important to have an attorney in your corner to guide you away from illegal activity and also fight for you when faced with criminal prosecution.  We do not advocate illegal usage or possession, but we will zealously advocate for your rights under the law.

 

And yes, you can be charged with DUI for having pot in your system even if it has been weeks since you had any.

OTHER CRIMINAL LAW ARTICLES:

 

CRIMINAL: My Mother Killed my Step-Brother Thirty-two Years Ago! No SOL on Murder.

CRIMINAL: 55 year old gets 12 years in prison for defending himself and a woman against a boxer half his age

CIVIL/CRIMINAL: Rape is Different when it’s about Money than when it’s About Crime.

CRIMINAL: Riding Your Bicycle and Other Arrestable Offences

CRIMINAL: Nevada Considers BB Guns to be Both “Firearms” and “Deadly Weapons” Under Certain Circumstances.

CRIMINAL: Criminal Defendants Better Hope Witnesses Against Them Live to Testify at Trial

CRIMINAL: Sealing or Expunging a Federal Criminal Record

CRIMINAL: 'I didn't know': What Young Thugs Should Know But Aren't Taught

 

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We want to be there when you need us, 24/7.  Call or e-mail for a free consultation 

Phone:  (702) 809-6904  Fax: (702) 655-0036  E-mail: aw@wrightlawnv.com Mail: 420 N. Nellis Blvd. A3-150, LV, NV 89110

 

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