Making News

A case that I previously posted about on the blog has been featured in a recent Las Vegas Review Journal article!

You can view the article by clicking on the linked quote below:

“A Las Vegas attorney received five years’ probation Thursday for engaging in a sex act with a client who was jailed at the Clark County Detention Center.”

July 6, 2017 – 6:34 pm
Ben Nadig, my mentor as a criminal defense attorney, worked hard on this case to help the client secure the best possible outcome for his case.  I’m happy to have been able to contribute to achieving that result by authoring a successful motion to suppress the client’s statement when police chose not to read him mandatory Miranda rights.
Holding the State to its burden and holding law enforcement accountable are some of the most important aspects of my job as a criminal defense attorney.  I’m committed to working diligently to make sure my clients’ rights are respected throughout the process, and I’m pleased that this case serves as an example of success in that area.
Disclaimer: My involvement with this case was not as the lead attorney; however, I assisted the lead attorney in preparing the case for trial and drafting the motion discussed in this post.

Successful Motion Leads to Sought Resolution

The Alleged Crime: A client faced one count of a Category D felony.

The Evidence:  The alleged crime was caught on video.  The alleged victim gave a recorded statement to police.  The client was also interrogated by police, which was recorded, but he was not read Miranda rights.

The Motion:  I drafted a motion to suppress the client’s recorded statement based upon the Miranda violations.  Because the client was in police custody at the time he was interrogated, but was not read his rights as required by Miranda and other case law, the State conceded in its filed response that all statements he made after a certain point in the process were inadmissible in court because of the violation.

The Outcome:  Because of the fact that the client’s statements were no longer admissible at trial, the State made a new, lower offer of negotiation to the client, which he accepted.  Now, the State has agreed to probation and, if he is successful, he will not have a felony conviction on his record (also known as a drop down).  My careful review of the record and discovery in this case, even after it passing through several attorneys previously, allowed me to file a motion to protect the client’s rights and push the State to offer the resolution he had been seeking.

 

 

Disclaimer: My involvement with this case was not as the lead attorney; however, I assisted the lead attorney in preparing the case for trial and drafting the motion discussed in this post.