Arrested in Las Vegas? Get a fighter on your side today
An arrest in Las Vegas, Henderson or North Las Vegas can wreck a life in one night. Jail. A permanent record. A professional license, a gaming card or a security clearance on the line. Consequences for your family, your housing and your immigration status that outlast any sentence.
The State of Nevada brings police, crime labs, investigators and a fully staffed District Attorney’s office. You need a Las Vegas criminal defense lawyer whose only job is to stand between you and all of it.
I am Mitchell Bisson. I have spent more than fifteen years in the courtrooms of Southern Nevada, and criminal defense is a local practice. Knowing how the Clark County District Attorney evaluates a case, which judges will listen to a diversion argument, how Metro documents a DUI stop, and what the crime lab does and does not do is the difference between a lawyer reciting a statute to you and a lawyer who can see what happens next.
When you call, you get me. Not an intake desk, not a rotating cast of associates. You will hear the truth about your case, including when it is not what you hoped.
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Call me at (702) 602-4990.
Charges I defend in Las Vegas and across Clark County
- DUI (see my Las Vegas DUI lawyer page), including first, second and felony third offenses, DUI causing substantial bodily harm or death, marijuana and other drug DUI, commercial driver cases, and under-21 cases
- Battery constituting domestic violence under NRS 200.485, including strangulation allegations, pregnant victims, and the protective orders that follow an arrest
- Drug possession, possession for sale, trafficking and manufacturing, which frequently rise or fall on the legality of the search
- Assault and battery from misdemeanor level through battery with a deadly weapon and substantial bodily harm, including bar and casino incidents around the Strip
- Petit larceny, grand larceny, burglary, robbery, embezzlement and fraud
- Concealed weapon charges, possession by a prohibited person, and deadly weapon enhancements
- Cheating at gambling, prohibited devices, marker and credit instrument prosecutions, and trespass after ejection
- Probation violations and bench warrants
Whether you are looking for a Las Vegas criminal lawyer, a Las Vegas drug crime lawyer or a Las Vegas domestic violence lawyer, the work starts the same way, with the police report, the video and the search. Gaming charges are unusually common here and unusually damaging to a career in the industry. I treat them that way.
How a Nevada criminal case actually moves
Most people have never been inside a criminal courtroom, and the uncertainty is often worse than the charge. This is the sequence.
Arrest and the first 72 hours
After a custodial arrest you are booked, typically at the Clark County Detention Center. A judge must promptly decide whether probable cause supported the arrest. Bail is set by schedule or by a judge, weighing the seriousness of the offense, your record, your ties to the community, and any risk you present.
This is the most valuable window in the whole case. Evidence still exists, witnesses remember, and nothing you have said is locked in yet. It is also when most people talk themselves into trouble.
Which court hears your case
Misdemeanors are heard in justice and municipal courts: Las Vegas Justice Court, North Las Vegas Justice Court, Henderson Municipal Court, and others. Felonies and gross misdemeanors begin in justice court, where the State must show probable cause at a preliminary hearing, and then move to the Eighth Judicial District Court for arraignment, motions and trial. Which track you are on drives strategy and timing.
The preliminary hearing
In a felony, the preliminary hearing is your first real chance to test the State’s evidence. The burden is low, probable cause rather than proof beyond a reasonable doubt, but the hearing produces sworn testimony that pins witnesses to a version of events. Cross-examination here often creates the inconsistencies that win a case months later. Waiving the hearing can make strategic sense, but it should be a deliberate decision, never a default. My post on a felony case in Clark County, stage by stage, follows the case past the preliminary hearing.
Motion practice
This is where most cases are actually decided. Motions to suppress evidence from an unlawful stop, search or interrogation. Motions attacking chemical testing. Motions to sever charges or defendants. Motions in limine to keep prejudicial material from a jury. A granted suppression motion can end a case outright, and prosecutors set their posture by how vulnerable they think their evidence is.
Negotiation, trial or diversion
Most cases resolve short of trial, on terms set by how strong your position looks. A defendant who is visibly ready to try the case gets better offers than one who is not. Where the facts and your history support it, I pursue diversion and specialty court programs that can end in dismissal instead of conviction.
Nevada DUI: what you are facing
I defend DUI charges in Las Vegas, Henderson and North Las Vegas, and my Las Vegas DUI attorney page goes deeper on penalties, DMV license rules and defenses. Under NRS 484C.110 it is unlawful to drive or be in actual physical control of a vehicle with a blood or breath alcohol concentration of 0.08 or more. The State can also proceed on an impairment theory without a qualifying chemical result.
Watch the phrase actual physical control. You do not have to be driving. Nevada has a statute, NRS 484C.109, that says a person is not in actual physical control if all five of these are true: the person is asleep inside the vehicle, is not in the driver’s seat, the engine is off, the vehicle is lawfully parked, and it is evident the person could not have driven it there while impaired. Outside that rule, Nevada courts decide actual physical control by weighing factors such as where the person was in the vehicle, whether the engine was running, whether the person was awake or asleep, and whether the vehicle was driven there. It is a common fact pattern and a defensible one.
The seven-year lookback
Nevada counts prior offenses inside a seven-year window, and the escalation is steep. My post on what happens after a Nevada DUI arrest explains the seven-year lookback.
- A first offense within seven years is a misdemeanor punishable by 2 days to 6 months in jail, which can often be satisfied by 48 to 96 hours of community service, plus fines, DUI school, a victim impact panel and license consequences.
- A second offense within seven years is still a misdemeanor, but with much harsher mandatory jail or residential confinement, larger fines and a longer revocation. Room to negotiate shrinks.
- A third offense within seven years is a Category B felony carrying 1 to 6 years in Nevada State Prison. A felony DUI conviction generally cannot be sealed, so it stays public.
- DUI causing substantial bodily harm is a Category B felony carrying 2 to 20 years, and DUI causing death carries 2 to 25 years, or 5 to 25 years with prior convictions. Prosecutors treat these as serious felony cases even when the defendant has no record.
A blood alcohol concentration of 0.16 or higher on a first offense requires a treatment program, and Nevada courts order an ignition interlock after a DUI conviction, for 185 days on a first offense.
Implied consent and the blood draw
By driving on Nevada roads you have given implied consent to evidentiary testing after a lawful DUI arrest under NRS 484C.160. Refusing does not make the evidence disappear. The officer can seek a warrant and then obtain a blood sample. Where marijuana or another controlled substance is suspected, an officer can request a blood test rather than breath.
That is where my analysis starts, not where it ends. Was the stop supported by reasonable suspicion? Was the arrest supported by probable cause? Was the warrant application accurate and complete? Was the draw done by a qualified person with proper technique? Was the sample stored, shipped and analyzed according to protocol? Was the instrument calibrated and maintained, and are those records intact? Every one of those is a place a case can come apart, and every one is easier to investigate early.
Marijuana is legal to possess. Driving impaired is not.
Recreational marijuana is legal in Nevada, and that legality does not reach driving under its influence. Nevada’s DUI statute, NRS 484C.110(2), reaches a driver under the influence of a controlled substance, and being entitled to use the drug is not a defense. The State often relies on a blood test, but the link between a THC level and actual impairment is disputed. THC can stay detectable long after any impairing effect has passed, so the inference the State asks a jury to draw is often vulnerable, particularly where the driving was unremarkable and the officer’s observations are thin. In DUI cases punishable as felonies, such as a third offense or a case involving death or substantial bodily harm, Nevada sets per se limits of 2 nanograms per milliliter of THC and 5 nanograms per milliliter of its metabolite, whether or not you appeared impaired.
Battery domestic violence in Nevada
Few charges move faster or carry more hidden consequences. Officers responding to a domestic call have limited discretion, and the process starts before anyone has heard your side.
On arrest you are typically held for a mandatory period before bail can be set. A protective order restricting contact often issues right away, which can bar you from your own home and from your children. Under NRS 200.485, a first offense within seven years is a misdemeanor with not less than 2 days and up to 6 months in jail, 48 to 120 hours of community service, and a fine between $200 and $1,000. The court must also order counseling of at least six months at your own expense. Where the victim was pregnant and the accused knew or should have known, a first offense is elevated to a gross misdemeanor with a substantially longer minimum jail term.
What rarely gets explained at arraignment is the record. A misdemeanor domestic battery conviction cannot be sealed for seven years, compared with one year for most misdemeanors. It carries firearm consequences under state and federal law, and it can be devastating for anyone holding a professional license, a gaming card or a security clearance. For non-citizens, the immigration consequences can be severe and sometimes irreversible.
Your accuser cannot simply drop it
This is the most common and most costly misunderstanding I see. In Nevada the prosecutor decides whether to pursue the case, not the complaining witness. Prosecutors regularly proceed after a recantation, relying on the 911 recording, body camera footage, photographs, medical records and officer testimony. A recantation can also create serious problems for the person recanting. What changes outcomes is early defense work: preserving evidence, identifying witnesses, and engaging the prosecuting agency before charging decisions harden. My post on what happens after a domestic violence arrest in Las Vegas follows the case from release to court.
Nevada felony categories
Nevada sorts felonies into five categories, and the category drives both the exposure and the negotiation.
- Category A covers the most serious offenses, including those punishable by life imprisonment or death.
- Category B is a wide band of serious offenses with defined prison ranges that generally run up to 20 years, and some specific statutes set longer terms. Felony DUI and many violent and weapons offenses sit here.
- Category C is punishable by 1 to 5 years in prison and a fine.
- Category D is punishable by 1 to 4 years in prison and a fine.
- Category E is the least severe felony class. It carries 1 to 4 years, and the court must generally grant probation, though it may decline to if the person has two prior felony convictions.
In many cases the real objective is not acquittal but reclassification: moving a Category B allegation down to C or D, or a felony down to a gross misdemeanor. That single move can separate prison from probation, and a record that can eventually be sealed from one that cannot.
Sealing a Nevada criminal record
Nevada does not use the word expungement. Under NRS 179.245, a court can seal records from public view after a waiting period that runs from the close of the case. The wait runs from about a year for most misdemeanors to many years for the most serious felonies, and a misdemeanor DUI or a misdemeanor battery constituting domestic violence carries a seven-year wait.
Some convictions generally cannot be sealed, including felony DUI, sexual offenses and crimes against children. If your charge was dismissed or you were acquitted, there is no waiting period at all. You can petition right away, and many people carry an arrest record for years without knowing it could have been sealed long ago.
Your rights, and how people lose them
- You can remain silent. Officers are trained to draw out statements, often in a friendly, conversational way. The most damaging thing most people do is try to explain.
- Say it clearly: “I am exercising my right to remain silent, and I want a lawyer.” Then stop. Ambiguous statements have been held insufficient to invoke the right.
- You can refuse consent to search your vehicle, home or phone. Declining is not evidence of guilt and does not create probable cause. If officers had probable cause, they would not need your permission.
- You have a right to a jury trial on felonies and gross misdemeanors and on some misdemeanors, including domestic battery. In justice court you must demand a jury in writing at least 30 days before trial. The State must prove every element beyond a reasonable doubt to a unanimous jury.
Questions I hear from people charged in Las Vegas
What should I look for in a Las Vegas criminal defense lawyer?
Criminal defense is a local practice. Look for a lawyer who knows how the Clark County District Attorney evaluates a case, which judges will listen to a diversion argument, how Metro documents a DUI stop and what the crime lab does and does not do. Also make sure the lawyer you meet is the lawyer who will handle your case. With me, it is.
Should I talk to the police if I am arrested in Las Vegas?
No. Invoke your rights and stop talking. Officers may suggest that cooperation will help you, imply they already know what happened, or make it feel like a casual chat. None of that is unlawful, and none of it is your friend. Say clearly that you are exercising your right to remain silent and want a lawyer, then say nothing more about the facts. Courts require an unambiguous request, so staying quiet without saying so may not protect you. That includes the patrol car, booking at the Clark County Detention Center, and phone calls from jail, because anything you say can be used against you.
I live out of state. Is a Nevada DUI different from the impaired driving charge back home?
Every state targets the same conduct, impaired driving, but each has its own offenses under different statutes with different penalties, lookback periods and license consequences. Nevada charges DUI under NRS 484C.110 with a 0.08 limit and a seven-year lookback. If you were charged in Las Vegas, you need a lawyer who practices in Nevada courts, wherever you live.
What happens if I refuse a breath or blood test?
Refusal does not defeat the case. Under implied consent in NRS 484C.160, an officer with grounds to believe you drove under the influence can seek a warrant and then obtain a blood sample. Refusal can carry its own license consequences. The productive response is scrutiny of the stop, the arrest, the warrant and the handling of the sample. My post on the first seven days after a DUI arrest in Las Vegas covers the paper permit and the DMV clock.
Marijuana is legal here. How can I be charged with DUI for it?
Legalization covers possession and personal use. It does not allow impaired driving. You can be charged if the State contends marijuana impaired your ability to drive. For certain offenses listed in the statute, Nevada also sets a per se blood limit for marijuana (2 ng/mL of THC), so the State may rely on the test result alone. The State often relies on a blood test, but the science tying THC levels to impairment at a given moment is disputed. That gives a prepared defense real room to attack the State’s central inference, especially where your driving was normal and the officer’s observations were generic.
Can a domestic battery charge be dropped if the alleged victim wants it dropped?
Not by the alleged victim. The decision belongs to the prosecutor, and prosecutors often proceed over the complaining witness’s objection using the 911 call, body camera footage, photographs and officer testimony. A case can sometimes be resolved favorably, but that comes from defense work like developing inconsistencies, self-defense evidence or motive to fabricate, not from the accuser’s change of heart. A recantation can also expose the person recanting to legal risk, so that person should have independent counsel.
How long will my case take?
A straightforward misdemeanor in Las Vegas Justice Court, North Las Vegas Justice Court or Henderson Municipal Court may resolve in a few months. A felony starts in justice court with a preliminary hearing and then moves to the Eighth Judicial District Court, and one set for trial can take a year or more, depending on the evidence, the volume of discovery, motion practice and the court’s calendar. Faster is not automatically better. Cases sometimes improve with time as the State’s witnesses become unavailable or its evidence gets tested. I will tell you when patience helps you and when it does not.
Will I have to stay in jail until my case is over?
Usually not. At the initial appearance the court sets release conditions, from release on your own recognizance to cash or surety bail with conditions like no-contact orders, alcohol monitoring or travel limits. The court weighs the seriousness of the charge, your record and your ties to the community. In some DUI and domestic battery arrests a person can be held for several hours before bail is set. A lawyer at the first appearance can argue for release on the least restrictive conditions, and the court must make an individualized decision, so a bail amount can be challenged by motion.
Are there alternatives to jail in Nevada?
Often, yes. Nevada offers specialty court programs, including DUI Court, Drug Court, Mental Health Court and Veterans Court, along with, in some cases, diversion options that can lead to a dismissal on successful completion. Eligibility depends on the charge, your history, and sometimes the prosecutor’s consent. These programs are demanding and failing one has consequences, so I assess whether a program really serves you before I recommend it.
Can the police search my car during a traffic stop in Las Vegas?
Generally only with a warrant, your consent, or probable cause to believe evidence of a crime is inside. Limited exceptions exist, such as a search of the passenger compartment after an arrest when you are unsecured and within reach of it or the car may hold evidence of the offense, a protective frisk of the passenger compartment where officers reasonably believe you are dangerous and could reach a weapon, and an inventory search after a lawful impound. You can decline consent, and you should, politely and clearly. If officers searched without a valid basis, I can move to suppress everything the search produced, in justice court or the Eighth Judicial District Court, which often ends the prosecution.
What is the difference between a misdemeanor, a gross misdemeanor and a felony?
A misdemeanor in Nevada is generally punishable by up to 6 months in county jail and a fine up to $1,000. A gross misdemeanor carries up to 364 days in jail and a larger fine. A felony carries possible state prison time and is sorted into Categories A through E. The distinction reaches past the sentence. Felonies affect firearm rights, can affect voting rights in some circumstances, show up differently on background checks, and come with far longer waits before a record can be sealed.
I have a warrant. What should I do?
Do not wait for it to find you, and do not walk into court alone. A warrant can often be quashed, sometimes without you being taken into custody, when counsel appears and explains the circumstances. Getting arrested on a warrant during a traffic stop or at your workplace is a far worse outcome than a scheduled, negotiated appearance. This is one of the most fixable problems in criminal law, and people usually make it worse by avoiding it.
I am not a US citizen. How does this affect me?
Potentially profoundly, and separately from the criminal sentence. Some drug offenses, crimes involving moral turpitude, aggravated felonies and domestic violence offenses can carry immigration consequences up to removal, even when the criminal penalty is minor and even for lawful permanent residents. Plea decisions must be weighed for immigration effect before they are entered, not after. Tell me your status at the first meeting so the analysis happens in time to matter.
What if the police did not read me my rights?
It does not automatically dismiss your case. Miranda warnings are required before custodial interrogation. If you were questioned in custody without them, your statements may be suppressed, but the rest of the State’s evidence generally remains. If you volunteered a statement without being questioned, or you were not in custody, missing warnings may not matter at all. It is a fact-specific question worth doing carefully, because a suppressed confession can transform a case.
Can I get my firearm rights back after a conviction?
Sometimes. Felony convictions and certain domestic violence offenses cost you firearm rights under state and federal law, and federal restrictions can persist even where state relief is granted, and whether a state pardon or restoration lifts the federal bar depends on the offense and on what the state order says. Restoration depends on the specific offense. In Nevada, sealing a record does not restore the right to bear arms, and for a felony a full, unconditional pardon can. It deserves careful analysis rather than an assumption either way, and it is another reason the original charge is worth fighting.
How are fees handled in a Las Vegas criminal case?
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me, and I put the arrangement in writing. I will not quote a number before I understand your case, and you will leave that first conversation with a candid read on your exposure and your options, including, when it is true, the advice that you may not need to hire anyone. If you cannot afford a lawyer, the court decides whether you qualify for appointed counsel.
Related Nevada practice areas
Criminal exposure often comes with other fights. If police force, an unlawful search or a rights violation is part of your story, see my Las Vegas civil rights attorney page. If someone was hurt, see my Las Vegas personal injury lawyer page. For appeals and post-conviction issues, see my Nevada appeals lawyer page. Related civil work is on my Las Vegas civil litigation attorney, Las Vegas business litigation attorney and Las Vegas real estate attorney pages. More short answers are on the Nevada legal FAQs page.
Law Offices of Mitchell S. Bisson, 625 S. 6th St., Suite 505, Las Vegas, NV 89101. Your Rights, My Fight!
Charged in Clark County? Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Call for a free initial consultation: (702) 602-4990 | MBisson@BissonLegal.com
This page provides general information about Nevada law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.