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On January 1, 2019, California Penal Code 288a PC – which prohibits oral copulation with a minor – was renumbered to PC 287 in order to comply with California Senate Bill 1494. The law itself has not changed, and the penalties remain the same. Presumably, lawmakers pressed for the renumbering because people were confusing PC …
Nevada law does not offer criminal record expungements, but it does offer record sealing. Essentially, expunging and sealing accomplish the same purpose. But whereas expunging is physically destroying a record, sealing is making the record invisible. Either way, the record will not show up on future background checks. What are the steps to seal records …
Nevada Revised Statute section 178.484 sets out Nevada’s bail conditions in criminal cases. Most people who get arrested may be released on bail pending the resolution of the case. But the person has to promise to appear at all future mandatory court dates. In addition, the judge will impose certain restrictions on the person. This …
No, there is no looting statute in the state of Colorado. Instead, suspected looters may instead face charges of theft or robbery depending on the circumstances. Looting typically occurs during natural disasters, a state of emergency, and rioting. Sometimes people loot during otherwise peaceful protests. A recent example from throughout the United States are the …
A fifth-time DUI within a seven-year period is a category B felony under Nevada law, even if no one gets hurt. Penalties include 1 to 6 years in prison, $2,000 to $5,000 in fines, and a 3-year driver’s license suspension. Defendants are not eligible for DUI Court or probation. But if the defendant’s four prior …
California law applies pure comparative negligence rules in California personal injury cases. Under these rules, a person responsible for causing an accident only compensates the injured party in accordance with his/her percentage of fault. For example, if a party is only 25 percent at fault for causing an accident, the person will only be liable …
Hitting an unoccupied vehicle in Colorado is a class 2 traffic misdemeanor if the driver fails to report the accident or notify the parked vehicle’s owner. Under CRS 42-4-1701 (3)(a)(II)(A), penalties for fleeing after hitting a parked car include 10 to 90 days in jail and/or fines of $150 to $300. 1. What is hit …
Yes. NRS 426.805 makes it a Nevada misdemeanor to fraudulently misrepresent an animal as a service animal. Penalties for trying to pass off a fake service dog as real include up to $500 in fines. Currently, assistance dog fraud is only a state crime and not also a federal crime.1 Service dog fraud typically occurs …
There are no statewide Colorado laws that restrict where sex offenders may live, unless the offender is currently under criminal justice supervision as a parolee or probationer. But many cities and counties have local laws prohibiting sex offenders from living within 1,000 feet certain locations, such as school, parks, daycare facilities, churches, and libraries. City-by-city …
Generally speaking, once a defendant pleads guilty to a criminal charge, the terms of the agreement are binding and defendants cannot reverse the plea deal just because they change their mind. However, there are three situations in which a plea bargain in criminal cases can get reversed. These are when: the criminal defendant successfully brings …
State laws throughout the United States say that handicap permit holders are the only people that can legally use them. But a person can generally use a parking placard as either a driver or a passenger. This means placard holders can use them in another car as long as they are in the car at …
An arraignment is typically the first court hearing, or a defendant’s first appearance in court, in a criminal case and it marks one of the initial stages in the pretrial process. During the hearing, the judge will inform the defendant of the charges filed against him or her and will ask how the accused pleads …
Also called larceny from a person, pick-pocketing (NRS 205.270) is always a category C felony under Nevada law – even for a first time offense. Defendants face a sentence of 1 to 5 years in prison, possibly up to $10,000 in fines, and restitution of the items or cash stolen. And if the pickpocketing victim …
During a preliminary hearing, a prosecutor and defense attorney present evidence, to a judge, that is related to the charges in a criminal case. The purpose of a preliminary hearing is for the judge to determine if there is enough evidence to force the defendant to stand trial. The hearing is a type of mini-trial …
Vonnie’s Law refers to the recent state law overhaul of Colorado’s stalking statute under CRS 18-3-602. Now, suspects arrested for stalking must go before a judge prior to posting bail. This may take several days. And during this wait, the suspects remain behind bars – far away from their victims. Who is Vonnie? In 2010, …
The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …
Walking with open containers of alcohol is usually illegal throughout Colorado, but there are exceptions. Local laws rather than state law largely determine where and what people may drink in public places. Meanwhile, it is always illegal to walk with an open marijuana container in Colorado. How is open consumption different from common consumption? Open …
People who have had their car towed in Nevada can locate the vehicle by calling 311. They should then contact the impoundment lot for instructions on how to retrieve the vehicle. This typically requires the registered owner to pick up the automobile in person, show proof of ownership (such as registration papers), and pay various …
Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely. Some common conditions that may impact a person’s ability to drive safely include: lapse of consciousness Alzheimer’s disease, cataracts, dementia, diabetes, and macular degeneration. These conditions are …
Under California law, a “grand jury” refers to a group of citizens who are brought together to determine whether or not charges should be brought against a potential defendant in certain criminal cases. A preliminary hearing is a proceeding held before a judge in which he/she determines whether there is enough evidence in a criminal …
“CLETS” is an acronym for the California Law Enforcement Telecommunications System. This is a computer network that gives police departments access to national databases maintained by the Federal Bureau of Investigation (FBI), the Department of Motor Vehicles (DMV), the State of Oregon, and others. The system also provides law enforcement agencies with the capability to …
Yes. Normally the age of consent in Nevada is 16 years old. But under the state’s Romeo & Juliet law, minors age 14 and 15 may have consensual sex with fellow teens less than four years older than them. If the age difference is four years or greater, then the older sex partner faces criminal …
All Nevada criminal records are eventually sealable except convictions for either (1) felony DUI, (2) felony BUI, (3) invasion of the home (NRS 205.067) with a deadly weapon, (4) certain crimes against children, and (5) sex crimes. These convictions remain on the defendant’s criminal record forever in the state of Nevada. But if the charge …
Yes. All convicted sex offenders in Nevada under parole or probation must have their residence approved by their parole officer or probation officer (PO). And certain Tier III offenders may not live within 1,000 feet of a location primarily used by children. Residency requirements Convicted sex offenders in the state of Nevada under parole or …