Nevada Criminal Law and Procedure with Forms

Attorney Josh Tomsheck is a Partner in the Las Vegas Trial Lawyer firm of Hofland & Tomsheck and heads the Criminal Trial and Appellate Practice Groups for the firm. Mr. Tomsheck is a veteran Las Vegas Trial lawyer who has chosen to commit his practice to fighting for the rights of others who are being investigated or have been charged with crimes.

Prior to forming Hofland & Tomsheck with long-time Las Vegas Attorney Bradley J. Hofland, who leads the firms Family Law and Civil Litigation practice groups, Attorney Tomsheck worked for many years as a Chief Deputy District Attorney in the Clark County DA's office as a criminal Trial prosecutor. Due to Josh's work ethic and skill in Trial he was promoted quickly within the DA's office and was assigned to the Gun Crimes Section of the Major Violators Unit where he specialized in Trials involving violent felonies and firearms cases.

After years of trying criminal cases to Nevada Juries, Josh chose to leave the public sector and take his skills and experience into private practice so that he could better help those in their times of need. Mr. Tomsheck focuses his practice on Litigation and Trial work and has served as lead Trial attorney on numerous criminal matters in both State and Federal Courts to include Capital Murder, Murder, Attempted Murder, Conspiracy Murder, Sexual Assault, Kidnapping, Robbery, Drug Charges including Trafficking in a Controlled Substance and Distribution of a Controlled Substance, Mail Fraud, Wire Fraud, Habitual Criminal and Gun Crimes. Additionally, Josh has successfully tried countless cases involving charges of DUI (drunk driving) and Domestic Violence (domestic battery). Of the more than 150 jury and bench trials Josh has tried to verdict, his success rate is over 95%. Attorney Tomsheck has successfully argued numerous times before the highest Court in all of Nevada, the Nevada Supreme Court.

Mr. Tomsheck is one of only twenty (20) criminal defense lawyers in Southern Nevada who are qualified and approved by the Clark County office of Appointed Counsel to be appointed first chair to defend Capital Murder cases in Las Vegas, pursuant to Nevada Supreme Court Rule 250. Additionally, Josh has been selected to multiple terms by the United States District Court for the District of Nevada to the Criminal Justice Act (“CJA”) panel to defend individuals charged with serious crimes in Federal Court.

Mr. Tomsheck is a Trial lawyer who has enjoyed numerous successes in Nevada Criminal Courts including “Not Guilty” verdicts at Trial on charges including Murder with use of a Deadly Weapon, Attempted Murder, Sexual Assault, First Degree Kidnapping, Robbery (including armed Robbery), Conspiracy, Battery, Battery with use of a Deadly Weapon resulting in Substantial Bodily Harm, Battery with intent to commit a crime, Assault with use of a Deadly Weapon, Battery Domestic Violence, Driving Under the Influence (“DUI”), Exploitation of the Elderly, Grand Larceny Auto, Tampering with a Vehicle, Forgery, Theft Offering False Instrument for Filing and Perjury. In addition, Mr. Tomsheck is often retained prior to the charging of criminal offenses, while his clients are simply being investigated for a crime. Josh has often been able to negotiate with prosecutors and avoided the filing of any criminal charges, even in the most severe of allegations, including Murder and Sexual Assault as well as theft and property crimes.

Attorney Tomsheck's Trial and Courtroom experience includes numerous high-profile cases which garnered local and national media attention. Attorney Tomsheck's cases have been featured in print media and he has appeared many times on local and national television. Mr. Tomsheck’s cases have been covered by, among others, “Dateline” on NBC, including 48 Hours Mystery on CBS, “Snapped” on the Oxygen Network, numerous episodes on Discovery ID/Investigation Discovery, and gavel to gavel trial coverage on InSession (formerly CourtTV) and Law & Crime Network. Josh's cases have included numerous live interviews on local and national television regarding various legal issues and criminal cases he has tried successfully to a jury and he is often asked to provide expert legal analysis on highly publicized cases throughout the United States.

Attorney Tomsheck has been Nationally Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy, one (1) of only two (2) such certified lawyers in the State of Nevada. Additionally, Mr. Tomsheck is registered as a Specialist in Criminal Trial Advocacy with the State Bar of Nevada, one (1) of only two (2) lawyers in Nevada to carry this specialization. Mr. Tomsheck is passionate about Trial practice and is often asked to teach continuing legal education classes to other members of the bar and to provide lectures and instruction to undergraduate and law school classes in criminal law and trial advocacy, as well as being an annual instructor at the Nevada State Bar’s Trial Academy. Josh is a proud Life Member of the of the National Association of Criminal Defense Lawyers, a Sustaining Member of the Nevada Association of Criminal Justice and the National College for DUI Defense.

When he is not trying cases or studying the law, Josh spends his time as an active competitor in endurance and fitness competitions and serves on the board of non-profits focused on issues related to substance abuse, mental health, and homelessness.