In the state of Nevada, Chapter 201 of Title 15 details crimes against decency or morality. One of the subsections within Chapter 201 relates to nonpayment of child support, nonpayment of support for a current spouse, or nonpayment of support for a former spouse. Under the relevant subsection, it is actually made a crime to fail to pay court-ordered support for a spouse or for a child.
While you can be charged with a serious criminal offense as a result of a failure to pay support as ordered by the court, you have options to try to defend yourself from these accusations so you can avoid a conviction. Nevada Revised Statute section 201.051 explains affirmative defenses that you can raise after you have been accused of not paying support that is due.
LV Criminal Defense can help you to determine if this defense is likely to be a successful one for you. If so, we can help you to present your defense in court so you can prove you should not be punished for failure to pay support as required by law. To find out more about how our Vegas criminal defense attorneys can help you, give us a call today.
Nevada Revised Statute section 201.051 explains that a defendant who is being prosecuted for nonpayment of spousal support or for nonpayment of child support can introduce an affirmative defense in court.
Defendants don’t have to raise defenses, or even prove they are innocent, to avoid being convicted because a prosecutor has the burden of proving guilt beyond a reasonable doubt. However, if a defendant decides to introduce an affirmative defense, this means the defendant is claiming his conduct that could result in criminal conviction is lawful because of certain circumstances or certain justifications.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
In this particular case, when a defendant raises an affirmative defense under Nevada Revised Statute section 201.051, the defendant can successfully fight charges for nonpayment of support by proving that he or she was unable to pay the support the court ordered. It would be up to the defendant to convince the court that he truly could not pay, and he could be convicted if the prosecutor has shown nonpayment and the defendant fails to make a convincing case for why he couldn’t send the funds.
Defendants have obligations to declare early on in criminal proceedings, via written notice, that they intend to raise this affirmative defense. An attorney can provide help with submitting proper notice of intent to claim and with fulfilling other requirements of raising this affirmative defense.
LV Criminal Defense has provided representation to many defendants accused of crimes against public decency and morality. We understand that it can be frustrating to face criminal charges because you aren’t able to pay your ex or your children the support that a court ordered you to pay.
Our Vegas defense attorneys will carefully evaluate your case to determine what the nature of the evidence is against you, what defenses you have available to you, and what your best course of action is likely to be in order to minimize or avoid consequences of conviction.
To find out more about how our Vegas criminal defense attorneys can provide you with assistance if you are faced with charges that you unlawfully failed to provide support for your spouse or kids, you should give us a call for assistance as soon as possible. Call today to get an advocate working on your behalf to fight for you.