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DUI Defense Attorney in Reno, NV

Have you been charged with a DUI? Get Expert Advice from a DUI Defense Attorney in Reno, NV

Understanding your rights and having the right DUI attorney in your corner when charged with a DUI or DWI in Reno is critical. That is why we have put this resource together for you to evaluate.

Why You Should Consider Taking Your DUI to Trial 

First, let me start by saying I have tried over three-hundred DUI cases at trial. As a former City Attorney, I was tasked with prosecuting DUI charges, daily. What I was routinely surprised by was how often defense attorneys would plead their clients… without knowing if I had my case ready for trial. 

DUI convictions require a massive amount of evidence.

What people (and even some attorneys) fail to understand is the massive undertaking required to properly and effectively convict an individual at trial. In Reno, there are two main prosecutorial agencies: (1) The Reno City Attorney’s Office and (2) The Washoe County District Attorney’s Office. To be frank, I have a massive amount of respect for both of these agencies. I worked for the City Attorney’s Office as a newly minted attorney and the experience was priceless. It was that experience which showed me what was necessary and required to obtain a DUI conviction in Reno, NV. Let me tell you, it’s a lot. Below, please take a look at the typical DUI timeline that a prosecutor will need to go over and substantiate to obtain a DUI conviction.

The Traffic Stop

The traffic officer who initiated the stop must be available on the date of trial. They will need to testify as to what the basis for the stop and what observations he recalls having. These include whether you had red watery eyes, a smell of alcohol on your breath and lastly whether your speech was slurred.  These observations must be correctly recalled by the initiating officer to move to the next phases of the investigation.  Depending on whether the initiating officer is certified as a DUI specialist determines whether or not there would’ve been the need for an additional officer called to scene.

DUI Specialist

In most cases, a DUI specialist is required.  These are police officers who have been specifically trained to conduct a DUI investigation. The DUI officer is called to scene to perform the DUI field testing. Commonly, these include a walk and turn test, breath testing, horizontal eye tests, and general observations. Ultimately, the DUI specialist determines whether or not there is a basis for an arrest.  Should the DUI specialist fail to appear in court, there is an opportunity to have the case reduced or dismissed.

Blood or Breath Testing

In the event blood or breath is taken after the arrest, the specialist who assisted in the DUI investigation and arrest must be available in court. They must be certified and cross-examined as to their training, experience and any recollection they may have of the case. Should they fail to specifically recall the events or experience, the DUI conviction may be reduced.

dui-lawsWhat This Means at Trial for a DUI Charge

Ultimately, what this means, is the prosecutor has a much tougher job than most realize. In a way, all their stars must line up at trial if they wish to obtain a prosecution. You need to hire a Reno DUI attorney who understands exactly what is required to obtain the best outcome for your case. Call Work Law today, we focus on DUI, Criminal Defense and Family Law in Reno, NV.

If you have been charged with a DUI in Reno, NV you need an experienced DUI Defense Attorney. Call Work Law today.

TPO Lawyer in Reno, NV

Temporary Order of Protection in Nevada

What is a TPO?

 A Temporary Protection Order: a legal court order, which is temporarily put in place, to protect those who are victims of domestic violence. (N.R.S. 33.017)

Domestic Violence: physical, sexual or psychological violence between those, in or previously in, a dating relationship; spousal relationship; blood relationship; parent/minor child relationship; or legal guardian of a minor child. (N.R.S 228.030)

What are the laws governing a TPO?

The laws governing a Temporary Protection Order are in place for any domestic violence relating to the following persons: a spouse or former spouse; any person related by blood or marriage; any person currently or previously involved in a dating relationship; any person whom share a child in common; the minor child of any of those persons; or the persons minor child or any other person who has been appointed custodian or legal guardian of the persons minor child. (N.R.S 33.018)

What acts constitute domestic violence?

 a.) Battery

b.) 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.

d.) Sexual assault

e.) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:

  • Stalking
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
  • Carrying a concealed weapon without a permit
  • Injuring or killing an animal

f.) False imprisonment

g.) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.

 (N.R.S. 33.018)

 How do you get a TPO?

 In order for a Temporary Protective Order to be granted, the court must receive satisfactory facts submitted through a verified application, that an act of domestic violence has either previously occurred, or the threat of domestic violence exists. The court may order either the applicant, adverse party, or both, to appear before the court before determining to grant the temporary order of protection. However, a temporary protection order may also be granted to the applicant without notice to the adverse party. This is referred to as an ex parte proceeding. Once the TPO application has been submitted and filed, the court shall rule on the order within (1) judicial day. (N.R.S. 33.020) From the time the TPO is served, it can not last longer than 30 days, unless the judge orders otherwise.(N.R.S. 33.080)

 How do you defend a TPO?

Temporary Protective Orders can be very tricky, and they can cause you to lose many of your rights as a parent/guardian. Additionally, they can have consequences which you may not immediately understand. If a TPO is filed against you, you may have certain rights taken away, such as: not being able to enter your home (even if you own it); you may not be able to enter your children’s school; may not be able to enter the applicants workplace; you may not be able to purchase a firearm; you may have to forfeit your previously purchased firearms; it can prevent you from selling your home; and can even prohibit you from taking your child out of certain jurisdictions.

Why you need a Family & Defense Attorney when seeking or defending a Temporary Protection Order in Reno, NV

It is important to have representation, who will fight for your legal rights, and who has expertise from both sides of the judicial system; prosecution and defense. Mathew Work and Work Law will offer you the best legal counsel in Reno. When it comes to family law, you couldn’t have a better attorney in your corner. Mathew Work’s previous experience as a criminal prosecutor will give you the upper hand in your case and will work diligently to ensure you are represented justly in your case.

Work Law’s Attorneys will make sure you understand your rights and the consequences of a TPO before a restraining order is placed against you. If you find yourself as the defendant in a TPO, do not voluntarily let the order be placed against you. This could potentially have dire consequences. Let Mathew Work and Work Law represent you in family court before many of your rights are forfeited. If you voluntarily allow a TPO to be filed against you, you may be: ordered to leave your home; prohibited from seeing your children; ordered to pay child support; unable to own a firearm; disqualified from future employment and educational opportunities, due to having a restraining order on your record. Work Law will look at the circumstances surrounding the TPO being filed against you and will determine the best defense in your case.

 

 

 

How to File for a Nevada Divorce

Filing For Divorce In Nevada

Divorce in Reno, NVIn order to file for divorce in Nevada, you must live in Nevada for at least six weeks and plan to remain in Nevada before filing for a divorce. If you are in the military or are a resident outside of Nevada you may still file for divorce as long as the defendant/spouse lives in Nevada. Divorces cases may include the following factors: child custody, child support, alimony or spousal support. Other things to consider while filing for divorce is the splitting up of property, finances and other investments. Mathew Work, a Nevada lawyer, can help you file for divorce and help keep your best interests in mind. He and his firm continually rank as one of the best family law and divorce firms in Reno, Nevada.

Ground For Divorce:

There are a few grounds for divorce, no-fault and at fault divorce. In Washoe County, a no-fault divorce is when the wife and husband have lived separated or apart for one year. This does not include cohabitation which is separation but still living in the same house. At the discretion of the court, an absolute decree of divorce may be granted. An at-fault divorce is when one party was considered insane at least two years prior to the commitment of marriage. Corroborating evidence must be presented to the court in order to proceed with an insanity plea.

Alimony In Nevada:

Alimony and child support are on a case to case basis on how much someone has to pay to the other party. Child support can help pay for childcare, insurance, special needs education (e.g. speech or therapy needed to help benefit the child), transportation to visit the other parent and basic needs like food, clothing, and shelter. Property and other assets may need to be divided. All these issues must be resolved or agreed upon before a judge signs the Final Decree of Divorce and it is filed placed in the District Court Clerk’s office. A new marriage cannot take place until this is completed. If you are in Need of a Divorce Attorney, please contact Work Law today to speak with Rebecca Carlson or Mathew Work. They both have been voted one of the top five best divorce, family and criminal defense attorneys in Reno.

There are Many Types of Divorce in Nevada

  • Complaint for Divorce
  • Joint Petition
  • Marriage Settlement Agreement
  • Spousal and Child Support
  • Asset Retention

When you retain Work Law you will have a dedicated divorce attorney by your side to handle filing your divorce. We approach our clients with compassion and empathy. At Work Law, we always consider our client’s goals first. We then fight for our clients with every legal alternative available.

Get the best defense when charged with a DUI or DWI in Reno, NV

DUI: Driving under the influence. DWI: Driving while impaired (intoxicated).

To many people, this may seem like driving after having any alcoholic beverage is grounds for a DUI. However, this is not the case. In the state of Nevada, a DUI is upheld by illegal BAC (blood alcohol concentration) percentage. This means, although you may have had a drink or two, it doesn’t necessarily mean you are guilty of a DUI. In Nevada, you must have a BAC of .08 or higher, in order to be deemed legally intoxicated. (NRS 484C.020) The arresting officer must prove probable cause in order to make the traffic stop. This could be a broken tail light, erratic driving, swerving or any other behavior the officer deems to be unconventional. If you are arrested on suspicion of driving under the influence, this is not just a traffic violation. It is a criminal offense.

DUIMany people often have the misconception that a DUI is limited to only alcohol. However, a DUI applies to any of the following drugs: amphetamines; cocaine; heroin; methamphetamine; Lysergic acid diethylamide; phencyclidine; and marijuana. (NRS 484C.110)

PROHIBITED SUBSTANCEURINE (nanograms/ml)BLOOD (nanograms/ml)
(a) Amphetamine500100
(b) Cocaine15050
(c) Cocaine metabolite15050
(d) Heroin200050
(e) Heroin metabolite:
(1) Morphine200050
(2) 6-monoacetyl morphine1010
(f) Lysergic acid diethylamide2510
(g) MarijuanaOnly blood2
(h) Marijuana metaboliteOnly blood5
(i) Methamphetamine500100
(j) Phencyclidine2510

 

In Nevada, a field sobriety test is actually not mandatory. It is an optional test, which you are allowed to deny. However, failing to undergo a field sobriety test is grounds for probable cause, and the officer may administer a breath; blood; or urine sample; in order to determine the drivers state during the traffic stop.  In addition, in Nevada, when you receive a driver’s license, you give “implied consent”. What does this mean? This means, in Nevada if an officer asks for a breath, blood, or urine sample, you are obligated to do so.(NRS 484C.150, 484C.160)

If you refuse to undergo evidentiary testing, the officer will revoke your license and all of your driving privileges and may use “reasonable force” in order to have the test administered by a medical professional. You will then be unable to obtain a license/permit for a minimum of 1 year. This is dependent upon previous DUI and or evidentiary testing refusals in the defendant’s past. (NRS 484C.210) Not only does failure to undergo evidentiary testing carry some hefty consequences, but it can also be used as evidence in court.

If you have been arrested on suspicion of driving under the influence, you will want the best representation in Reno. Work Law will work closely with the prosecutor to determine what evidence has been brought forth against you. Upon review of the evidence, Work Law will weigh the options in order to receive the best plea deal possible, or take the case to trial if need be. Mathew Work will use his prior knowledge and expertise in criminal prosecution, to ensure you have exceptional criminal representation in your defense.

Convicted of a DUI or DWI?

If you’ve been charged with a DUI, you need a former criminal prosecutor in your corner. DUI laws are incredibly complex. You have options. Don’t face life-changing charges alone.

Click Link to Schedule for Legal Counsel: https://www.workatlaw.com/dui-consultation

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