My 2 sons (Adam - aged 21) and (Lewis - 24) have just returned from a 4 day "Lads Holiday" in Las Vegas. Whilst there they were involved in an heated argument with each other in the Mall at The Venetian Hotel. They had had too much to drink and the argument escalated and they were shouting and pushing each other; at no time did any physical violence take place and there was no assault.
The Hotel/Mall Security intervened and took them away to their a holding area; the Police were called. They were held here in separate rooms, both handcuffed, until the Police arrived - which was some 4 hours later.
Adam was released after approx 2/3 hours. He was not spoken to by the Police and was not asked to provide a statement. At no time was he asked whether he wanted to press charges against his Brother.
He was told that Lewis had been taken to the County Jail and that the matter was being treated as a Domestic Battery and was given a number to call if he felt that he was in further danger from his Brother!
Lewis was held at the Mall until the Police arrived - approx 4 hours after the incident had occurred. He was told that they were taking him to County Jail; and was transported there in the back of a Police Van.
He waited in the Police Station Reception Area for approx 30 mins and then he was "processed". The Police took his personal details and told him that he was being charged with Battery and that he had to pay $3000 bail within 24 hours (this was now Friday early morning about 6/7 am) or that he would have to remain in Jail until Tuesday morning.
Lewis was told that he could have one phone call to try to arrange bail, but he WAS NOT offered any Legal representation. He called his friend Robert Finch, who said that he would pay the bail and would come to the Jail within the hour.
After making the telephone call, Lewis was taken straight to a Cell where he was detained until approximately 10:30 pm. He was left in a Cell for approximately 16 hours with 10 other people. He was provided with food but no drink although there was a water fountain in the Cell. No-one came to see him during this period to let him know what was happening or if the bail was going to be paid.
At approximately 10:30 pm the Police called his name, and he was taken to another holding cell which had about 30 people in it. He was then held here for approximately an hour and then the Officers started calling peoples names out. After approximately 10/15 minutes Lewis's name was called and he was told that he was being released and that bail had been granted. He was told to go that he would now have to collect his Court Summonds paperwork, his belongings and have his finger-prints taken again and then he would be able to leave. He was detained for approximately half and hour and then was told he could leave.
He was issued with a Cash Bond Acceptance Notice/Notice to Appear Official Receipt which states that he is to appear on November 5, 2013 at 8 am in JC Dept 10 at Las Vegas Justice Court.
He told them that he would be returning to the UK on a VS flight on Monday 9th September and therefore would not be in the United States after this date. They said that he was to call the telephone number on the form and arrange the details with them.
We would be grateful for your advice on how we should now proceed. My younger Son Adam has no desire to press charges against his Brother. No-one was assaulted, it was just a family argument that was fuelled by too much drink. We are reluctant for Lewis to return to the US, as we do not wish to incur any additional expense relating to this incident. We do wish for the Bail money to be returned - primarily because we are of the opinion that there is no case to answer.
There are personal circumstances why the argument occurred, and whilst this is not an excuse for what has happened the punishment seems extremely severe. Lewis has been told that if he goes to court and is found guilty of the charge that he could be sent to prison for between 60/90 days. He is obviously very worried. We have serious family problems at the moment and unfortunately this was 2 young lads letting off some steam with their friends, that got out of hand.
Should you wish to speak to either myself or Lewis please contact us on our home number of XXXX XXXXXX or Lewis's mobile XXXXX XXXXXXX or my mobile XXXXX XXXXXXX.
Many thanks in advance for any help that you can provide us with