Arrested on the Las Vegas Strip. What Should I do?

author by Joshua Tomsheck on Mar. 24, 2016

Criminal Criminal  DUI-DWI 

Summary: Best answers of what to do when you have been arrested visiting Las Vegas.

What happens in Vegas stays in Vegas, right?  While that is the image that the powers that be in advertising have implemented as a clever way to get tourists to visit Las Vegas, the unfortunate reality is that in many cases, when a person acts outside the bounds of the law in Las Vegas, that person stays in Las Vegas – – in custody for a criminal offense.

While many individuals come to Las Vegas to take part in all that our 24 hour city has to offer and have no issues, many folks that visit our fair city step outside of the restraint they exhibit at home.  While vacationing in Las Vegas, many individuals do things they wouldn’t do at home – – such as staying out late, drinking alcoholic beverages and generally “letting loose.”  It stands to reason that this relaxed restraint can lead to activities a person may not take part in at home.  Overindulging in alcohol, depriving oneself of sleep and the like can cause a person to act in a manner which results in arrests or worse, criminal charges.

At the law firm of Hofland & Tomsheck, we consult weekly, if not daily, with people who have been arrested for such incidents.  Bar fights can lead to battery charges.  Spats with spouses can lead to charges of Battery Constituting Domestic Violence.  A desire to “party hard” can lead to possession of controlled substance charges.

All too often we encounter individuals, many of whom who have a completely clean criminal history, who find themselves arrested for criminal charges.  These individuals are in uncharted territory and need the help of an experienced Las Vegas criminal defense attorney to help them through these situations so that their lives don’t suffer permanent consequences such as heavy fines, mandatory court imposed classes, termination of employment, inability to obtain credit and worse… jail time.

One of the more typical scenarios we specialize in at our law firm is the defense of tourists to the Las Vegas strip and surrounding area who are arrested for possession of a controlled substance, possession of marijuana, driving under the influence (DUI), drunk driving,, being under the influence of a controlled substance, arrests for solicitation of prostitution or battery charges for bar, casino or nightclub fights.

Many people visiting the strip believe that “anything goes” and that the hotel and casino tenants on the strip and Fremont Street won’t object to the party atmosphere.  What many of these travelers don’t understand is that Casinos, Nightclubs, Bars and Hotels face the potential of heavy fines and sanctions if they don’t monitor the patrons of their establishments and ensure that laws are followed.  Because these businesses have such a vested financial interest, they will usually have in-house security which will closely observe the activities of visitors.  If these trained security officers observe illegal activity, they will usually intervene and involve outside law enforcement.  Unfortunately for the tourist, this often means that a night of partying can lead to a night in jail.  In these situations a ruined vacation is just the least of the persons concerns when such an arrest can lead to the loss of employment, the social stigma of a criminal arrest, time in jail and a permanent criminal record.

So, what should you do if you are arrested or cited at a Las Vegas pool party, a strip casino property or a hotel nightclub?  The single most important thing to remember is that you have an unqualified right to the counsel of your choice to fight for your interests.  You have the right to remain silent, the right to talk to an attorney before you are questioned and the right to not be searched without probable cause.  You should remember not to say ANYTHING to security or law enforcement and to let your chosen attorney speak for you.  While the rules of criminal evidence allow ANYTHING you say to be used as substantive evidence against you, the rules of evidence don’t allow for anything your attorney says on your behalf to be used against you.  Your attorney can speak on your behalf and say anything you want to say, and it can’t be used against you.  If you talk to law enforcement, the police officer who hears it can take the stand and tell the judge or jury exactly what you said.  This evidence is often the strongest evidence against you.

If you have been arrested at a Las Vegas pool party, in a nightclub, a casino or a hotel, call an experienced Las Vegas Criminal Defense Attorney right away.  At the law firm of Hofland & Tomsheck, we have handled countless cases such as these.  In many cases, we can get the charges against you drastically reduced or dismissed altogether.  Attorney Josh Tomsheck is a Nationally Board Certified Criminal Defense Attorney who has been recognized by the Nevada State Bar as a Specialist in Criminal Trial law.  We look forward to helping you put these unfortunate situations behind you and helping you get back to your life.  Contact us today.

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