Other Types of Crimes – Public Intoxication, Disturbing the Peace, and Trespassing.
“What happens in Vegas, stays in Vegas,” is a popular phrase in our community. Sadly, that’s not true if you get into trouble with the law. Public intoxication, disturbing the peace, trespassing, or other types of crimes can stay in your record forever, unless you get your cases dimissed/closed and record sealed.
Because Las Vegas daily attracts visitors from across the globe and is home to countless clubs and casinos, it is not uncommon for an individual to be taken into custody for ‘public intoxication’ (NRS 458.260) or for being ‘drunk and disorderly.’ Under Nevada law, however, counties, cities, and towns are not permitted to criminalize drinking alcohol, being intoxicated, or being an alcoholic.
While Nevada does not make it a crime in and of itself to be drunk in public (Nev. Rev. Stat. ” 458.260, 484C.110.), public intoxication can result in trespassing charges, breach of peace charges or sometimes, drunk driving charges. Even though being intoxicated is not illegal, if your conduct is improper, you could find yourself in a host of trouble.
Breaching of peace (NRS 203.010) is when someone acts in a disruptive or hostile manner in public. A disturbing the peace charge is a misdemeanor which can result in up to six months in jail and/or a $1,000 fine. Breaching of the peace can constitute any of the following actions:
- Participating in a fight
- Challenging another person to fight
- Committing a breach of the peace
- Inciting a disturbance
Interfering with, annoying, accosting or harassing any other person which conduct by its nature would tend to incite a disturbance (Ord. 422 ‘ 1, 1974, Ord. No. 3915, ‘ 1, 11-16-2010).
Trespassing (NRS 207.200) can be alleged if an individual is asked to leave a hotel, bar or other public facility and he/she returns shortly afterward. Trespassing is a misdemeanor which can result in up to six months in jail and/or up to a $1,000 fine. DUI, on the other hand, is a much more serious offense that can result in up to six months in jail, hefty fines and long community service terms, and an order to attend DUI school and a victim impact panel.
SECURE TRUSTED CRIMINAL DEFENSE & FIGHT YOUR ALLEGATIONS TODAY!
In Nevada, if a person is in a public place and unable to care for his/her health and safety or the health or safety of others, a police officer can intervene. The officer is supposed to take the individual to an alcohol treatment center; if the officer takes the person to jail, he/she can be held up to 48 hours. He/she is not placed under arrest, but rather taken into custody (Nev. Rev. Stat. ‘ 458.270).
As a Las Vegas criminal defense lawyer, I have many effective defenses that could be used in your situation. These may include some of the following:
- You were not drunk nor acting drunk
- It is not a crime to be intoxicated in public in Nevada
- You were in a private vicinity, not in public (and thus cannot be charged with public intoxication)
My firm can also examine whether any of your rights were violated, whether the police followed the proper arresting procedures and whether your conduct did not constitute a criminal violation. I will examine police reports, witness statements, lab reports and if applicable, field sobriety tests in order to craft the best defense possible for you. If you are a tourist, I will fight to have your charges dismissed or reduced. Most of the time, you will not have to make a return trip to Las Vegas for court appearances as I can appear on your behalf.
Don’t allow a moment of indiscretion to affect your criminal record and your future. I am aggressive and trial-oriented with the experience you can trust! I provide one-on-one attention and truly care about the best interests of my clients; for the proficient legal services you deserve, call my office today at (702) 930-5881. Schedule your free consultation now!