Nevada law prohibits crimes against public justice. Chapter 199 defines crimes against public justice, including offenses committed by public officials and by civilians who are not in public service. Within Chapter 199, there are several different offenses defined which could be committed by public officers or officials who fail to fulfill their obligations or who abuse their offices. One such offense involves the refusal to receive a person into custody.
If you have been charged with the crime of refusal to receive a person into custody, you need to know what the definition of this crime is and what a prosecutor must prove in order to convict you of this offense.
You should work with a Las Vegas criminal defense lawyer in order to find ways to fight the charges against you so you can reduce the likelihood of conviction. LV Criminal Defense can help, as our legal team has successfully represented officers accused of various types of legal violations including refusal to receive a person into custody.
To find out more about the options you have for fighting charges or to get help if you are under investigation or if you have been arrested, you should give us a call as soon as possible so we can get to work on your case.
Nevada Revised Statute section 199.260 is the statute within Chapter 199 that explains the offense of neglect or the offense of refusal to receive a person into custody. According to the relevant code section, the offense occurs if an officer willfully neglects or refuses to receive a person into his or her official custody when such refusal constitutes a violation of any legal duty. If an officer has a legal obligation to receive a person into his official custody and fails to do so, then the officer is in violation of N.R.S. 199.260.
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An officer is also in violation of this statute of the officer refuses to receive a person into a prison that is under his or her charge when receiving the person into the prison is part of his legal duty.
An officer who is in violation of N.R.S. 199.260 can be found guilty of a gross misdemeanor charge, except in circumstances where there is another punishment specifically provided by law. Nevada law establishes the punishment of gross misdemeanors in Nevada Revised Statute section 193.140. This statute states that anyone who is convicted of a gross misdemeanor could be punished by up to one year of incarceration in the county jail. The punishment could also include a fine of up to $2,000. Both incarceration and a fine can be imposed if a defendant has been convicted.
Because the penalties for refusal to receive a person into custody are so serious, an accusation that you have committed this offense must also be taken seriously. Any officer who has been accused of refusing to receive a person into custody should reach out to an experienced Las Vegas criminal defense lawyer for assistance fighting charges.
LV Criminal Defense will work closely with officers accused of violating N.R.S. 193.140 to identify the best course of action for responding to charges. Our legal team is experienced at taking cases to court and helping defendants to introduce reasonable doubt about guilt. We have also provided representation to defendants interested in negotiating plea agreements to try to reduce penalties for this offense if they do not want to fight for an acquittal.
To find out more about how our compassionate and knowledgeable legal team can help you with any criminal charges that you are facing, give us a call today.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.