Too Much Holiday Spirit May Lead to Your Arrest

RENO, NEV- According to a Mothers Against Drunk Driving (MADD) fatal accidents from drinking and driving spike to 52 percent on Christmas and 57 percent on New Years. Compared to the 41 percent for the remaining other times of year. This could result in 1200 people, or up to 40 people a day, losing their lives this holiday season, plus numerous more facing charges for driving under the influence.

These are some sobering statistics. However, there is some good news and bad news.

The bad news is that if you are a 21-to-24-year-old, you make up the highest rate of impaired drivers this holiday season. That doesn’t necessarily mean that if you are in this age range you fall into the category. However, the fact is, you are more likely to attend a holiday party where alcohol consumption may be involved. raising the chances of driving while impaired.

This in turn, will result in a higher police presence on the road this holiday season. Not only for the fact that driving intoxicated is more likely, but for the fact that the road conditions are generally more unsafe. The police force is specifically trained on what to look out for when on the roads, and will be giving out hundreds of citations this holiday season, in the hopes of reducing the risk to all drivers who are on the roads. Nevada is a state that is looking for Zero Fatalities this season, and is doing as much as possible to ensure that. When a person is pulled over for suspicion of being under the influence, the police look for a multitude of factors. Some of which being:

1) signs of impairment exhibited by a person while driving a vehicle (called the “vehicle in motion” phase of enforcement); (ie. weaving, driving too slowly, or braking erratically)
2) signs of impairment upon the initial “personal contact” with the driver;
3) signs of impairment noticeable during the “pre-arrest screening” phase, which encompasses standardized field sobriety testing and preliminary breath testing.

Whether you believe it or not; if impaired. You will not pass this test.

The end result; more often than not, being a DUI.

However, the good news throughout this is that there is a team for you if you do receive a DUI. The attorneys at Joey Gilbert Law are highly trained and sought after in the DUI Defense law field and they are here to help you. Contact us today.

For more information on DUI Statistics during the Holidays go to:

http://www.telegram.com/assets/static/massmoms/newyear2010/new-year/article0009.html

Do you have you Medical Marijuana Card in Nevada yet?

Anthony Cincotti's shows his Nevada medical marijuana user card. / Sarah Coward/news-press.com

RENO, NEV – In order to receive ones Medical Cannabis card in the state of Nevada, a person must be diagnosed with a chronic or debilitating condition and reside in the state-lines of Nevada.

What constitutes a chronic or debilitating illness? Having any of the following:

  • Aids
  • Glaucoma
  • Seizures (including Epilepsy)
  • Post-Traumatic Stress Disorder (PTSD)
  • Cachexia (wasting or malnutrition associated with chronic disease)
  • Persistent Muscle Spasm (including Multiple Sclerosis)
  • Cancer
  • Severe Stress
  • Severe Pain
  • Additional conditions specifically approved by the Department of Health and Human Resources

All patients must register with the state to receive protection from prosecution and may otherwise assert an affirmative defense in court. Starting in 2015 patients will be able to access a state licensed distribution system, and patients may be allowed to legally possess and carry up to 2 ½ ounces in a single 14-day period, as well as, cultivate up to 12 plants or assign a primary caregiver to assist them.

All patients interested in obtaining their medical marijuana card must fall under the following qualifications:

  • Must be a Nevada resident
  • Must be under the care of a Nevada licensed attending physician
  • Must have been diagnosed with a chronic or debilitating disease
  • must have been informed by attending physician of benefits and risks of marijuana
  • Must receive written documentation from attending physician that marijuana could mitigate diagnosis
  • Must register with the State of Nevada and obtain a valid identification card
  • Must not drive, operate, or control any vehicle while under the influence of marijuana
  • Must not unlawfully possess a firearm
  • Must not possess or use marijuana paraphernalia in public view
  • Must not unknowingly deliver marijuana to someone without registration card
  • Must not engage in other conduct prohibited by Nevada law

All patients who exceed possession amounts or do not participate in a state-run registry will be subject to prosecution, but will be entitled to present a medical necessity defense in court. That’s where we come in. If you need a criminal defense lawyer who specializes in Medical Marijuana Law please contact us at Joey Gilbert Law.

Please make sure to understand all procedures before registering for a Nevada Medical Marijuana card, to ensure a speedy and efficient process while applying.

For more information please consult:

Department of Health and Human Services – Medical Marijuana Frequently Asked Questions

http://www.health.nv.gov/MedicalMarijuana_FAQ.htm

Guide to Using Medical Cannabis

http://www.safeaccessnow.org/using_medical_cannabis

Medical Marijuana Dispensaries Coming To Reno

RENO, NEV – As of November 3, the Nevada department of Health and Human Services has awarded 55 preliminary licenses to dispensaries, as well as, over 300 more permits for various types of other medical cannabis businesses. With numerous companies vying for an opportunity, the State was notably generous to those wishing to establish marijuana cultivation sites, approving 182. 117 licenses were granted for production facilities – those which wanted to make infused products – and 17 licenses for testing labs.

Of the 199 groups that applied for dispensary permits, those 55 preliminary licenses were granted in short award to those who applied. The reasoning for the low approval rate: the State of Nevada limits the number of dispensaries by county.

Overall, 519 business had submitted an application with the State to enter the Medical Cannabis industry.However, only a handful of business agreed to let the State publish their names and application scores, leaving many winning bids still anonymous.

One of those companies, Northern Nevada’s own The CannaVative Group plans to grow into the number one Medical Marijuana Program in the country, providing safe medical marijuana and resources to the patients that truly need it.

 

For a complete listing of the Companies and their scores you can visit the Nevada Division of Public and Behavioral Health at:

 

http://www.health.nv.gov/MedicalMarijuana.htm

Boston Bomber Friend’s Trial Delayed

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RENO, NEV – It has been officially announced that Federal Judge Woodlock has delayed the sentencing of the two friends of Boston Marathon bombing suspect Dzhokhar Tsarnaev, one of which, Azamat Tazhayakov who is client of Las Vegas Defense Team’s Attorney Nicholas Wooldridge, due to the fact that their cases could be affected by a legal question pending before the U.S. Supreme Court.

 

Oral arguments were heard this past Wednesday in the U.S. Supreme Court in a case that could define what is to be considered “tangible” evidence in an obstruction of justice case. The case involved Florida fisherman charged of a provision of obstruction of justice for releasing undersize fish into the Gulf of Mexico.

 

U.S. District Judge Douglas P. Woodlock explained in a two-page decision Thursday, November 6, explaining that “it is conceivable” that the Supreme Court’s definition of what can be considered “tangible” evidence could challenge the indictments of the Kazakhstan natives.

 

Attorney Nicholas Wooldridge welcomed Woodlock’s decision.“I think the judge made the right call, the sentencing should be adjourned before there’s any final determination as to what the correct judgment is on this case,” he said.

Yes on 1 and No on 3

With the November Ballot approaching, initiatives, propositions, and campaigns are in full swing and trying to convince everyone why this or that should or should not be passed. Here at Joey Gilbert Law, we are not different, however, we just want to provide the facts about the propositions we care the most about, and want you to be the judge.

We are very passionate about Question 3, the Margin Tax Initiative, and Question 1, the Nevada Judicial Appointment Amendment.

Despite the great lengths the Nevada Economy has been going through to become better, it continues to struggle. With Tesla recently announcing their move to Nevada, it has sparked a lot of interest in several other corporations to move to Nevada, which would result in thousands of jobs, and could bring Nevada out of the slump it has been in. However, this new Margin Tax on businesses would do the exact opposite to our economy than what it would hope to do. Question 3 is a 2% tax on gross revenues on businesses that make over a certain amount per year. However, this is not on a company’s profits. This means that a company could be taxed heavily on the revenues of a year, even if they have high business expenses, putting them in the red. This is projected to happen to a lot of locally owned business across all of Nevada, which would result in job losses, and even company closures. This is exactly what Nevada does not need to happen right now.

One of the biggest points of pride that Nevadans share, is the opinion of how different and better the state is run than our neighboring state California, especially when it comes to taxes. However, with this tax, it would put Nevada in the top five highest taxed states on businesses; even higher than California.

Our biggest issue with this tax and its campaign efforts are the emotional ploy that these funds will be spent on Nevada’s education. Education reform is something that needs to be looked into, we would agree, however, the money raised from the tax would be put in the general fund, meaning politicians can chose how the money is actually spent, and does not guarantee any additional funding for education whatsoever. To us, it seems as if the “money for education” is just a tactic to get more votes for it to pass. We have been lied to by politicians in the past, but like the famous saying goes, “fool me once, shame on you. Fool me twice, shame on me.” Don’t be fooled.

Question 1 is the other point of interest we are very passionate about here at Joey Gilbert Law. It seeks to establish a Three – Judge Appellate Court, which would enhance Nevada’s Judicial Process by reducing case backlog, efficiently managing the appeals process and allowing the Nevada Supreme Court to focus on the most pressing and complex issues of the court and state. Nevada, surprisingly, is one of only ten states that does not have a Court of Appeals, even though our Supreme Court is one of the busiest in the nations. Essentially, it would provide a more timely access to justice for our Nevadans, while also creating a more stable business climate for existing and new businesses.

All we ask from you is to be educated about what you are voting on this November.  Know how it will affect our people, our economy and our state as a whole.

 

For more info about these topics visit:

stopthemargintax.com

http://ballotpedia.org/Nevada_Creation_of_a_State_Intermediate_Appellate_Court,_Question_1_%282014%29

Why YOU should VOTE NO on Nevada Question 3

In this upcoming ballot, Nevada Initiative 3 will be something you should be very informed about before voting.

Initiative 3, if passed, would put a Margin Tax on businesses that make more than $1 million dollars in annual gross revenues. It  would place a 2% tax, regardless of how much, if any, of the business’s revenues are actual profit. For example, if a local restaurant were to make $1 million dollars, but had business costs of $1.5 million dollars, this restaurant would still need to spend $20,000.00 in additional taxes, even though the restaurant never saw a profit. This tax, if passed, would be equivalent to a 15%  business tax, which is higher than California’s corporate taxes, and would put Nevada in the top 5 highest taxed states in the country.

The Question also claims that the funds raised by the Margin Tax would benefit education. However, nowhere in the initiative does it mention how the money will be spent, or that it will even be guaranteed to be spent on education. That is because the money will be put into the General Fund, meaning that politicians can pick and chose how the money actually will be spent. Essentially, not a single dollar from the Margin Tax could be spent on education if Nevada Politicians choose to do so. Basically, the idea of the fund being “raised for Nevada schools” is just a ploy to get you, the voter, to vote yes on something that would otherwise be illegal to do without being voted on.

The biggest losers of Question 3 would be the people of Nevada. Because this tax is targeting businesses and is so steep, it will cost thousands of jobs, resulting in a hurting to Nevada’s already struggling economy. The only way to keep Nevada going strong, is to have a striving economy from its residents being employed, why would anyone want to hurt that?

With Nevada currently being a desirable place for businesses to come to, the state is growing and the economy has been substantially getting better and better over the past several years, but still has a lot of improving to do. This margin tax is the worst thing that could come about for Nevada, and put the state right back in a bad place. Lets keep Nevada a place people want to come to, not leave.

For more information be sure to visit stopthemargintax.com, and like Joey Gilbert & Associates on Facebook to keep up with Question 3.

 

 

 

 

Immigration Hold Requests to be denied by Washoe County Jail

Photo Credit to rgj.com

Washoe County Sheriff Michael Haley announced yesterday, Wednesday September 10th, that people will no longer be jailed due to requests from the feral immigration authorities.

In most jails, inmates are processed through a federal system designed to check their immigration status. Those inmates that are suspected of being in the country illegally are flagged and issued a “detainer,” which holds them in custody until Immigration and Customs Enforcement (ICE) official agents arrive and can consider these inmates for deportation.

However, due to recent court rulings, these ICE detainers are just requests, not official mandates, creating liability issues for jails if they were to keep inmates incarcerated longer as desired by federal immigration officials.

“If ICE provides a warrant saying that they are arresting an individual and are taking them into their custody, we will hold that person on behalf of ICE,” Haley said. “However, we will not hold a person in our custody based solely on an ICE-issued detainer saying that they may have some interest in that person.”

Vaguely, if ICE issues a warrant for people accused of living in the country illegally, not just a request, individuals could still be held in the county jail without review by a judge in potential violation of a person’s Fourth Amendment Rights. However, the jail can still hold on to people that have not gone through the judicial process for probable cause. Essentially, ICE could abuse this by requesting holds on people who do not meet the probable cause for official detainment.

For more information, visit http://www.rgj.com/story/news/2014/09/10/washoe-sheriff-says-immigration-hold-requests/15402655/

Deadly Stabbing Near V.A. Hospital Under Investigation

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RENO, NEV. – On Tuesday September 9, 2014, at roughly 7:45 p.m. near the V.A.

Hospital, a fight that lead to a stabbing, resulting in a 48-year-old man’s death.

Police say the man was walking down the street near the corner of Vassar St and Kirman Ave. The suspects were reported as four male juveniles, who were yelling from across the street at the victim. The four juveniles then crossed the street, to which a fight broke out.

The victim, whose identity has yet to be released, was taken to Renown Hospital, where he later died.

The suspects fled the scene, and are yet to be found.

Reno Police Department is currently investigating and is urging anyone with information to call them at 334-2115 or to call Secret Witness at 775-322-4990.

Reno Prostitution Sting Leads to 31 Arrests

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This past weekend, a two day operation led to the arrest of 31 people in a prostitution sting. The Reno Police Department stated that the women arrested were ages 18-53. The operation took place on the 4th Street Corridor primarily through internet transactions and focusing on sex trafficking and exploitation.

A FBI victims advocate and a representative from Awaken, Inc., a faith-based nonprofit group, met with each of the victims and provided them with food, clothing and referrals to get help.

The Reno Police Department’s Regional Street Enforcement Team participated in the initiative which police said is “designed to recover juvenile victims of commercial sexual exploitation, sex trafficking and identify, arrest those who are responsible for their exploitation.”

Nevada Attorney General’s Office, enforcement agents from the Nevada Gaming Control Board and attorneys from the United States Attorney’s Office participated in the initiative, a Reno police press release said.

Victim Dies in Spanish Springs Shooting

Joey Gilbert Criminal Law

The victim of 19 year old Brandon Moore-Montgomery, was pronounced dead by the Washoe County Sheriff’s Office. Jeffery James Montgomery, 45, is also the father of Brandon Moore-Montgomery. He suffered multiple gunshot wounds on June 12 at his home in Spanish Springs.

Brandon Moore-Montgomery turned himself in just over a week ago. The investigation is still pending, however, the case is being investigated as a homicide and Montgomery now faces an open murder charge.

Anyone with information about this case is asked to contact the Washoe County Sheriff’s Office Detective Division at 775-328-3320 or Secret Witness at 775-322-4900.