Many individuals and businesses in the United States rely heavily on credit, including personal loans, mortgages, business loans, car loans and other types of financing. In order to make sure that creditors are willing to continue extending credit, there are laws in place protecting creditor interests.
Many of the laws that exist related to creditors are laws giving creditors a right to go to court and get a civil judgment ordering a defendant to repay a debt that is owed. However, there are also some criminal laws in circumstances where people commit fraud and are charged with a crime under Nevada’s penal code.
One example of a situation where you could be charged with a crime in connection with credit transactions is when you remove or sell property in order to defraud creditors. If you have been accused of engaging in this behavior, you will need to reach out to LV Criminal Defense to talk with a Nevada defense attorney who can help you to fight for the best possible outcome when responding to charges.
LV Criminal Defense can provide the help and support that you need to respond to accusations against you and fight charges that could result in jail time and other consequences. To find out more about how our firm can provide you with help when you’ve been accused of removal or sale of the property to defraud creditors, you should give us a call today.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada laws on the removal or sale of the property to defraud creditors are found within the Nevada Revised Statute section 205.350. The relevant statute is within the chapter of Nevada’s penal code that deals with fraud and false pretenses crimes.
The statute defines the offense and imposes penalties. According to N.R.S. 205.350, any debtor can be charged with a crime for fraudulently removing his or her property from the state of Nevada with intent to defraud, hinder, or delay credits from exercising their lawful rights, claims, or demands.
A debtor can also be charged under N.R.S. 205.350 for fraudulently selling, conveying, assigning, or concealing his or her property or effects with the intent to defraud, hinder, or delay creditors of exercising their lawful rights or making claims or demands.
A debtor who violates N.R.S. 205.350 by removing or selling his property for the purposes of defrauding credits can be charged with a gross misdemeanor offense. However, it is important to note that this offense is an offense that a defendant can be convicted of only if a prosecutor is able to prove intent beyond a reasonable doubt.
Proving someone’s intent can be a challenge, so many defendants are able to avoid conviction by raising doubts in the minds of the jury about whether the defendant’s actions in removing or selling the property were motivated by an attempt to defraud creditors.
Vegas defense attorneys at LV Criminal Defense can provide assertive, aggressive representation to defendants who have been accused of violating N.R.S. 205.350 by improperly selling a property or by removing property from the state of Nevada for purposes of defrauding creditors.
Our experienced legal team has a long and successful track record of defending clients who have been accused of property crimes and we can put our knowledge of the laws in Chapter 205 of Nevada’s penal code to work on your case.
We help with plea negotiations, trying to suppress evidence so charges will need to be dropped due to insufficient evidence, and fighting against conviction in court if pleading not guilty is the best course of action.
You should contact LV Criminal Defense today to learn more about the representation we can offer when you’ve been accused of removing or selling the property to prevent a creditor from enforcing its rights.