Nevada takes a clear stance when it comes to maintaining the security of correctional facilities: no unauthorized communication devices are allowed. But what does this mean for friends, family, or even staff when it comes to sharing technology with inmates?
What Does NRS 212.165 Prohibit?
Simply put, this statute makes it illegal to:
- Provide a Portable Telecommunications Device to a Prisoner: Without proper authorization, it’s a severe offense to furnish or attempt to provide inmates with devices such as phones. This can lead to a Category E felony charge.
- Carry a Device onto Prison Premises: Even if you don’t give the device to an inmate, carrying one into a prison without authorization is considered a misdemeanor.
- Possession by the Prisoner: Inmates are not allowed to possess these devices. Depending on the inmate’s custody level and the nature of their confinement, penalties can range from a misdemeanor to a Category D felony.
It highlights the potential consequences for failing to adhere to these regulations – ones that ATAC LAW is ready to help you navigate should the need arise.
Understanding the Legal Language
Here’s a brief breakdown of the language of the statute and what it means for you:
- “Without Lawful Authorization”: There’s a clear distinction here. Some individuals, such as law enforcement or authorized personnel, may have the legal clearance to carry these devices.
- “Knowingly Furnish, Attempt to Furnish”: The law focuses not only on the act of handing over a device but also on the intent and attempt to do so.
- “Portable Telecommunications Device”: This refers broadly to any device that can transmit or receive communications, such as a smartphone, tablet, or similar technology.
Can You Legally Provide a Mobile Device to an Inmate in Nevada?
In Nevada, it is explicitly against the law to deliver or even attempt to deliver a portable telecommunications device to someone serving time in a state correctional facility. What exactly falls under the category of a “portable telecommunications device”? Nevada’s legal framework spells it out clearly: any gadget that can facilitate communication between an inmate and someone outside the confines of their prison. This encompasses:
- Both cellular and landline telephones,
- Personal digital assistants (PDAs),
- Radios capable of transmitting messages,
- Any computer able to make an external connection via a network.
Instances of these breaches commonly occur during visits to inmates by their loved ones or through mail parcels.
A Real-World Scenario
Imagine a situation where someone named Alex, who is serving a sentence at a correctional facility in North Las Vegas, receives a cell phone via mail from Alex’s father, Charlie. Charlie, distressed by the communication limitations, aims to ease the situation but unknowingly sets himself up for legal trouble. Under NRS 212.165, the mere act of trying to ensure a line of communication with an imprisoned relative through such devices could lead to criminal charges.
The intent behind the action doesn’t mitigate the legal consequences. Whether by mail or during a visit, providing an inmate with telecommunications equipment is a prosecutable offense in Nevada. Furthermore, merely possessing a telecommunications device upon entering a prison facility can land you in hot water, regardless of whether it ends up in an inmate’s hands.
Another Example
Let’s consider Jamie, a journalist, entering a facility for an interview and inadvertently keeping a smartphone in their pocket despite instructions to leave it in a locker. Even with no intention to violate the rule or an inmate not obtaining the phone, this oversight could result in charges.
Regardless of intentions, Nevada laws are stringent: bringing or attempting to bring telecommunications devices into a prison constitutes an offense. Nevada Assembly Bill 420 provides updated insights into the regulations concerning inmates and telecommunication devices. Additionally, it’s important to note that supplying inmates with weapons, alcohol, or drugs, as well as inmates possessing these items, including phones, is illegal.
What Consequences Will You Face for Providing Phones to Inmates in Nevada?
In Nevada, sharing a telecommunications device with a prisoner isn’t just frowned upon; it’s a serious legal issue that can lead to significant penalties. Let’s delve into the repercussions that come with violating NRS 212.165, all while keeping the explanation straightforward for everyone to understand.
Steep Penalties for a Seemingly Simple Act
Handing over a communication device to an inmate is classified as a Category E felony within the state. Typically, those convicted under this category can expect probation and a suspended sentence. However, for individuals with a history of two or more prior felonies, the situation escalates. The judiciary might then mandate one to four years in state custody and fines reaching up to $5,000.
On the other hand, merely attempting to introduce a phone into a penal facility, without even completing the handover, constitutes a misdemeanor. The penalties for such an offense include:
- A potential jail term of up to six months, and/or
- Fines that could amount to $1,000.
Looking Forward: Clearing Your Name in Nevada
Following a misdemeanor conviction, there’s a mandatory waiting period of one year after case closure before you can petition the court to expunge your criminal record. This waiting period doesn’t apply if your charge was dismissed or if you were found not guilty at trial, allowing for immediate action to seal the record.
How Can I Defend Myself Against Charges for Providing a Phone to an Inmate in Nevada?
In Nevada, facing charges for supplying a prisoner with a phone brings significant legal challenges. However, effective defense strategies can be employed to contest such allegations. Understanding and effectively articulating these defenses is crucial for those accused.
- The Defense of Unknowing Action
A key defense against the charge of intentionally providing a phone to an inmate is demonstrating that the act was not done “knowingly.” This means proving that the accused did not intentionally leave or give the phone to the prisoner. If it can be convincingly argued that the phone ended up with the inmate accidentally or that the inmate took the phone without the accused’s knowledge, this can form a solid defense. For instance, if an attorney can prove that the person accused might have inadvertently left their phone in an area accessible to the prisoner, or the prisoner stealthily acquired the phone, the accused may not bear legal responsibility. - The Insufficiency of Evidence
Another robust defense revolves around disputing the adequacy of the prosecution’s evidence. In legal proceedings for smuggling a phone into a penitentiary, the prosecution bears the burden of establishing the defendant’s guilt beyond a reasonable doubt. When a defense lawyer highlights the shortcomings or insufficiencies in the state’s evidence, this strategy can lead to the charges being dismissed. Essentially, if the evidence presented by the prosecution fails to conclusively prove that the defendant intentionally brought a phone into the prison, or knowingly provided a phone to an inmate, the defense can push for these charges to be dropped due to insufficient evidence.
Legal Representation by ATAC LAW
For individuals navigating such accusations, the complexity of the law makes it imperative to seek professional legal assistance. ATAC LAW specializes in defending those accused of providing phones or other unauthorized items to prisoners. With their extensive knowledge of Nevada’s legal system and a profound understanding of defense strategies, ATAC LAW is equipped to offer invaluable advice and representation. Their expertise allows them to scrutinize the prosecution’s evidence, identify weaknesses in the case, and argue effectively for the dismissal of charges.
Defending against charges of furnishing telecommunications devices to inmates requires a nuanced approach, focusing on disproving the prosecution’s allegations or demonstrating the unintentional nature of the accused’s actions. With the right legal support, those accused can navigate their defense more effectively, aiming for a favorable outcome in their case.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.