case results
Here are a few of our most recent Nevada Criminal Defense Case results.
- Charge: Battery and Trespass
- Result: DISMISSED
- Date: March 2012
- Court: Las Vegas Justice Court
Details: Client was at Pure Nightclub in Caesar’s Hotel and Casino when a bouncer had an issue with Client’s girlfriend. Client attempted to talk to the bouncer, as they were familiar with each other. Bouncer attacked Client, whereupon Client attempted to diffuse the situation. Additional bouncers came and attacked Client, whereupon he fought back. Client sustained an injury to his eye and was detained by Pure Security. When LVMPD arrived, they chose not to listen to Client, or look at the massive cut over his eye, and cited him for battery and trespass. When Ben was retained, he called the Deputy DA handling the case and got the battery dismissed outright and the trespass dismissed after Client stayed out of trouble for a period of time and did some community service. Ben’s negotiations allowed Client to pursue other legal action for Client in light of his injuries suffered at the hands of Pure security without any negative repercussions to his civil case.
- Charge: Battery
- Result: DISMISSED
- Date: March 2012
- Court: Las Vegas Justice Court
Details: Client spent the day at the Tropicana Hotel and Casino Hotel and Casino Pool. While leaving the cabana she reserved for the day, she realized she forgot her sunglasses. When she asked security if she could retrieve her belongings, a misunderstanding quickly developed wherein Client was charged with battery. The entire episode was caught on hotel security’s cameras. Client retained Ben’s services wherein he negotiated the matter with the Deputy DA handling the case. The matter was dismissed with the completion of a number of community service hours and a class.
- Charge: Battery Domestic Violence
- Result: DISMISSED
- Date: March 2012
- Court: Las Vegas Municipal Court
Details: Client is a teacher in Las Vegas. She got in an argument with her husband, who was inebriated and causing a scene. During the course of the argument, things became physical and Client was forced to defend herself. When LVMPD arrived, both parties were present and appeared to have been in some form of altercation. The only visible marks were on Client’s husband, so Client was arrested for Battery Domestic Violence even though Client’s husband was the aggressor. LVMPD declined to listen to Client’s version of events and arrested her based on the marks on her husband. Client retained Ben who negotiated the matter on the day of trial. Based on the totality of the circumstances, the Deputy City Attorney agreed that Client should merely stay out of trouble for six months and then the matter would be dismissed. Client was relieved that she did not have to do anything or pay anything and that the matter would result in her having a criminal record, which would have negatively affected her employment status
- Charge: Battery
- Result: DISMISSED
- Date: February 2011
- Court: Las Vegas Justice Court
Details: Client was a local law student who became involved in a fight at a UNLV football game. Even though he got the worst of it, he was charged with battery when LVMPD arrived on the scene. Additionally, client failed to appear on the matter and allowed the case to go into warrant. When Ben was retained, he immediately got the warrants quashed and negotiated the matter with the Deputy DA. Client had to take an impulse control class and an alcohol awareness class and the matter was dismissed. Ben’s actions allowed Client to keep his criminal record clean prior to applying for his license to be an attorney, and allowed him to become an attorney without any issues.
- Charge: DUI, Hit and Run, Suspended License
- Result: Reckless Driving Conviction
- Date: January 2012
- Court: Henderson Justice Court
Details: Client had been drinking at a friend’s house and decided to drive home. In the process of driving home, Client hit another car and attempted to keep on driving. The driver followed Client until LVMPD arrived and arrested Client for the charges listed above. When retained, Ben was able to negotiate the matter with the Deputy DA, pointing out that Client could not be placed behind the wheel at the time the officers arrived. The Deputy DA agreed and dismissed the Suspended License charge, which would have suspended Client’s license for a year, and the Hit and Run charge, and amended the DUI to a reckless driving.
- Charge: Felony Possession of a Controlled Substance
- Result: DISMISSED
- Date: January 2012
- Court: Las Vegas Justice Court
Details: Client was at the Hard Rock Hotel and Casino for Halloween. One of his friends had a bad reaction to ecstasy and hotel security removed both of them from the property. While in custody, Client was found to have a small amount of ecstasy in his possession. He was arrested by LVMPD for Felony Possession of a Controlled Substance. Client was involved in the defense industry and could not have a criminal record and retain his security clearance. When Ben was retained, he immediately contacted the DA’s office and spoke with the Deputy DA handling the case. Ben focused on a number of procedural issues in the case as well as the client’s clean criminal record. The Deputy DA agreed to dismiss the charges against Ben’s Client with the successful completion of a drug class and the payment of a nominal fine.
- Charge: Drawing and passing a bad check/ Casino Marker Theft
- Result: DISMISSED
- Date: October 2011
- Court: Las Vegas Justice Court
Details: Client was a long time gambler at the Tropicana Casino. She was considered a mid level gambler and would come to Las Vegas to gamble tens of thousands of dollars. As with everyone in this country the economy went bad and she was suddenly no longer able to pay his casino debt. She tried to negotiate with the Tropicana on her own but with no success. The Tropicana sent the case to the Clark County District Attorney’s Office and requested prosecution on the bad debt. Client ignored the matter and the case went into warrant for seven years. Before being arrested, the Defendant hired Ben Nadig to help her with her Casino Marker case. Ben was able to arrange the Las Vegas Justice of the Peace to quash her arrest warrant. As the case was ready for preliminary hearing, Ben was able to negotiate the case with the District Attorney’s Office. Client paid the Tropicana approximately forty percent of what she owed them and the matter was dismissed.
- Charge: Lewdness with a Child Under 14
- Result: No Charges Filed/Declined to Prosecute
- Date: March 2011
- Court: None
Details: Client is a teacher for a Las Vegas Charter School. Client took a special interest in a child who came from a poor family. Client would feed the child and let him spend the night when he was having trouble at home. At no point did Client do anything inappropriate with the child. The Child told a school counselor of his relationship with Client and the school counselor felt it was inappropriate. The school counselor contacted the Clark County School Police Department, who launched an investigation into Client’s actions. Client immediately retained Ben, who went on the offensive. Ben provided the CCSPD with affidavits from the child and the child’s mother showing that Client did nothing wrong. Then Ben contacted the CCSPD directly on behalf of Client and explained Client’s actions. Based on the affidavits and Ben’s interview, the CCSPD dropped the matter with no charges filed.
- Charge: Battery
- Result: ACQUITTED
- Date: June 2011
- Court: Pahrump Justice Court
Details: Client’s wife of 30 years decided to have a lesbian love affair. Client attempted to confront wife and her lover at the lover’s bar. The lover attacked Client and, in the course of defending himself, pushed the woman to the ground allegedly causing a concussion. Client would not accept a deal, he was determined to prove his innocence. After speaking with the DA, who was offering nothing short of a conviction, Ben and Client went to trial. After cross-examination, wherein Ben established that the lesbian lover was the initial aggressor, the DA could not put anybody on the stand to show that Client started the fight. Consequently, Client was found Not Guilty at the close of the DA’s case.
- Charge: DUI
- Result: Plea to a traffic ticket and a nominal fine/Dismissal
- Date: April 2011
- Court: Las Vegas Municipal Court
Details: Client was pulled over by a Nevada State Trooper and failed the “attitude test”, resulting in an arrest for Driving Under the Influence even though his Blood Alcohol Content was less than .08. Client was obviously upset and refused to take a deal wherein he would be convicted of Reckless Driving. At the time of trial, the Deputy City Attorney agreed that it was doubtful he would prevail so he offered a 2 point speeding conviction and a nominal fine. As the evidence was clear that Client had been speeding, Client pled to the speeding charge. Outside of court, Ben recommended that Client take traffic school through the DMV, wherein the 2 point speeding violation came off Client’s driving record and all he was out was $190.
- Charge: DUI (2nd Offense)
- Result: Conviction for Reckless Driving
- Date: December 2011
- Court: Goodsprings Justice Court
Details: Client was stopped after going 91 in a 70 mph zone. He was charged with DUI 2nd Offense, Open Container, Failure to Yield to an Emergency Vehicle and Driving on a Suspended License. Both the DUI 2nd and the Suspended License charge could have resulted in one year suspensions of his license with the DMV. His Blood Alcohol Content at the time of the stop was above .08 and he failed all of the Field Sobriety Tests. When he was retained, Ben contacted the DA and pointed out that his Blood Alcohol Content was .093, well within the margin of error. The DA agreed and offered a conviction for Reckless Driving. Client accepted the negotiation, and did not lose his license for two years, nor suffer the enhanced penalties for being convicted of a DUI 2nd. In December 2013, Client will be eligible to seal his records, instead of December 2018, should he have been convicted of the DUI 2nd.
- Charge: Lewdness with a Child Under 14 (2 Counts)
- Result: Plea to a lesser charge and Probation
- Date: June 2010
- Court: District Court
Details: Client was a long time methamphetamine addict who was babysitting her sister and her niece. While babysitting, Client forced each girl to grind their pelvises on Client. Both girls reported this activity to their parents and Client was charged with 2 counts of Lewdness with a Minor Under 14. These charges carried a minimum penalty of 10 years to life. Prior to retaining Ben, Client met with LVMPD detectives and admitted everything to them. When Ben was retained, he immediately met with the DA handling the matter. Ben pointed out that the Client was a (now) recovering meth addict, the children did not want their Aunt and Sister to go to jail for 10 years to life, and the sexual contact happened over clothing as opposed to direct genital contact. The DA relented, allowing Client to plea to a lesser charge of Attempted Lewdness with a Minor Under 14 with a recommendation for probation. Because of Ben’s actions, Client spent less than 30 days in jail.
- Charge: Assault
- Result: DISMISSED
- Date: November 2010
- Court: Las Vegas Justice Court
Details: Client suffered from Alzheimer’s related dementia. While vacationing with his family at the New York New York Hotel and Casino, Client thought a cocktail waitress had stolen from him so he attacked her. After being cited by LVMPD, Client and his family returned to home. Client began to have anxiety attacks and exacerbated his dementia. Client’s family quickly retained Ben and Ben suggested having his treating physicians write letters on Client’s behalf. Armed with the letters, Ben contacted the DA’s office and negotiated a dismissal of the charges with a six month stay away order from the New York New York Hotel and Casino.
Major Settlement
$750k
Car Accident
Auto v. Auto
Minor Settlement
Over 200k
Car Accident
Auto v. Auto
Criminal Case
Open Murder
Not guilty Verdict despite there being two (2) cooperating codefendants.