Thursday, August 20, 2009

Getting arrested in Las Vegas

WHAT HAPPENS IF you do something really stupid at Defcon, or even in greater Las Vegas? You get arrested, which is precisely why Jim Rennie gave a talk titled, "So You Got Arrested at Defcon....".

Jim Rennie is a criminal defense lawyer working in Las Vegas, so you can assume that he has seen it all, or at least most of it. With that knowledge, and lots of trips to the Clark County Detention Center to meet clients arms him with knowledge that you don't want to learn the hard way.



Jim Rennie proves we can't take good pictures

You know a talk is going to be good when it starts out by saying that it covers only the local laws, if the feds come to Vegas looking for you, you are in more trouble than a 20 minute talk can help with. With that, Jim went through the list of crimes that might, err, appeal to the Defcon set.

There are three categories of crimes, misdemeanor, gross misdemeanor, and felony. Misdemeanors are the lowest class, they are punishable by up to 6 months in jail, $1000 in fines, and roughly another $1000 in legal fees. When you add a gross tag to the front, jail goes to 1 year, fines to $2000, and legal fees of about $5000 if a trial is involved. Felonies, they go up from there on jail and fines, and legal fees balloon to $10,000 or more. Basically, it isn't worth it.

The first class of crimes that Defcon attendees might want to watch out for are drug crimes. These range from possession of various classes of substances to possession with intent to sell. The main difference, at least according to the cops, is that if you have one baggie of recreational pharmaceutical, you fall under possession. If you have two or more baggies, you are in possession with intent to sell. The moral, put it all in one bag, but don't have a bag of baggies.

Police it seems will often make a very tenuous charge, like two joints being possession with intent, and use it to bargain off later. Basically, they push the limits of what you can be charged with so you end up bargaining down and pleading guilty to what you did in the first place. If you don't have a lawyer to bargain that down, you could be in deep trouble. Morals, charges may be bumped up, and get a lawyer. Both were themes repeated in the talk.

The most serious drug crime is trafficking a controlled substance. This one is a felony, and depending on circumstances, can get you life in prison. If you are thinking 'bag of baggies', think bigger, like truck of baggies. Or possibly two baggies, no lawyer and an angry judge.

Next most common on the hit list for Defcon attendees is prostitution, and it is actually illegal in Las Vegas. Contrary to what many believe, prostitution is illegal in Nevada in counties that have a population of more than 300,000. Vegas may have a shrinking population, but it isn't that small yet. The closest counties are fairly far out, but according to the talk, if you go to the hotel concierge, the brothels will send a limo for you.


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