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You can be charged as a habitual criminal in Nevada (NRS 207.010) if you get convicted of a crime after having five prior felony convictions. It does not matter how long ago – or in which U.S. state – these prior felonies occurred. The best way to fight habitual criminal charges is to show that …
Transmitting HIV is a misdemeanor in Nevada if the following three conditions are true: You know you have HIV; and You intentionally conduct yourself in a manner that is specifically intended to transmit HIV to another person and has a high probability of transmitting HIV to another person; and You transmit HIV to another person. …
Nevada is a “stand your ground” state in terms of self-defense. This means you are not obligated to withdraw before resorting to lethal force in self-defense or defense of others, so long as you are not the instigator of the conflict, you are not engaged in unlawful activity, and you are present in a location …
Hiding a fugitive from the police is illegal in Nevada if you know the person has escaped jail, prison, or police custody. If you are truly unaware that the person is on the run, you should not face charges for concealing them.1 Example: After escaping from a prison bus, Jim runs into a motel and …
What is “probable cause” in criminal cases? It is evidence that would compel reasonable people to believe that a crime occurred or that there is evidence of criminal activity in a particular location to be searched. In California, the term probable cause is used in four primary situations. These are questions as to whether: the …
In Nevada state criminal cases, the terms of probation are a set of rules and conditions that you are legally required to adhere to while serving your sentence outside of jail. Violating a term of probation can cause the judge to impose the original jail or prison sentence. What are probation terms in Nevada? If …
It is rare in my experience for depositions to come into evidence during Nevada criminal trials because judges prefer that witnesses give live testimony. Though if witnesses cannot appear in person, I have seen judges admit into evidence transcripts of their past depositions. Specifically, there are six circumstances where a witness’s past deposition (“depo”) may …
Nevada presentence investigations (PSIs) are reports conducted by the Division of Parole and Probation (NPP) on each defendant who gets convicted of a felony. First the NPP interviews the defendant. Then it composes the PSI report for the court, which relies on it to determine criminal sentences and whether the defendant can get probation instead …
Every summer dozens of drug busts mar the Electric Daisy Carnival (“EDC”). People caught with up to 1 ounce of marijuana will probably just be cited. But possessing other types of narcotics will result in being arrested and booked at the Clark County Detention Center. And defendants will face charges for drug possession (NRS 453.336). …
Adults 21 and older may possess up to 1/8 of an ounce of hashish for personal use in Nevada. Only licensed dealers may sell hashish. Hashish (“hash”) is a type of concentrated cannabis. It comes from the dried resin (“kief”) of the tops of cannabis plants. Hashish can be smoked or used in edibles. Prohibited …
Nevada State Prison as a possible punishment. But five other, lesser-known Nevada offenses also carry potential life in prison, including: Attempt murder by poison Sexual abuse of a child under 14 causing substantial bodily or mental harm Involuntary servitude of minors Child pornography Battery with intent to commit sexual assault 1. Attempted murder by poison …
In Nevada criminal cases, an Alford plea is when you deny you are guilty while admitting sufficient evidence exists to find you guilty. This way you get to maintain your innocence and still accept a plea deal sentence that will likely be laxer than if you were convicted at trial.1 What is the purpose of …
NRS 207.200 is the Nevada statute that defines the crime of trespassing. A violation of this law is a misdemeanor offense punishable by up to six months in jail. 1. How does Nevada law define “trespassing”? Under NRS 207.200, trespass in Las Vegas comprises either: going onto another’s property to annoy the owner or occupant …
How much does it cost to get a record seal in Nevada?Watch this video on YouTube The process of getting a criminal record seal in Nevada amounts to around $150 total if you do not use an attorney. What are the record seal costs in Las Vegas? The average cost breakdown to get a record …
Most state laws say that you commit the crime of indecent exposure if you: willfully expose your genitals in a public place to others, and the other people are offended or annoyed by it. Common examples of indecent exposure include: urinating in an alley, showing full nudity in public view at a beach, masturbating in …
The castle doctrine allows you to use deadly force against intruders to defend yourself within your own home. In contrast, the stand your ground doctrine allows you to use proportional force to reasonably defend yourself at any location where you have a legal right to be. Both doctrines require no duty to retreat. Though whereas …
Nevada gun laws generally allow you to openly carry a loaded or unloaded handgun in your vehicle. You may also openly display unloaded shotguns and rifles. Their magazines can be loaded, but no cartridge may be in the firing chamber. Meanwhile, you need a current and valid CCW permit to carry a concealed handgun in your …
Following a hit-and-run incident, Colorado prosecutors can bring criminal charges against the suspect within 1 year in most cases, 3 years if serious injury results, 5 years if death results, and 10 years in vehicular homicide cases. Meanwhile, the victim can bring a civil lawsuit within 3 years after the accident. What is a statute …
If you miss a required court date, the judge and/or the prosecutor can take action against you. A failure to appear (FTA) could result in a judge issuing a bench warrant, the filing of criminal charges, and/or the suspension of your driver’s license. If a judge issues a bench warrant, the warrant authorizes law enforcement …
You have a loved one in a nursing home facility. You recently noticed some bruises on the family member, and she seems dehydrated. Are these signs of “neglect?” What does neglect in a nursing home case actually even mean? Nursing home neglect is when someone at a nursing home facility (for example, an administrator or …
How does the "duress defense" work in criminal cases?Watch this video on YouTube Duress is a potential defense to charges of any Nevada crime except first-degree murder. Defendants may raise a duress defense if they committed a crime because they reasonably believed they would be killed or severely injured if they refused.1 A classic example …
Assume you were out late one night binge drinking with friends. You get about six hours of sleep and then rush out to work. A police officer stops you for speeding. If he/she smells alcohol on your breath and has you take a breathalyzer test, will it detect alcohol? Probably. A breathalyzer will detect alcohol …
Nevada’s Victims of Crime Program (VOCP) provides financial support for eligible crime victims and their families. What expenses does the VOCP pay for? Each case is different. Depending on the circumstances, VOCP may help pay expenses for: Childcare costs that the crime caused Medical bills (hospitals, ambulance, clinical visits, home health care, dental work, etc.) …
A judge may have awarded you with probation after pleading guilty to a DUI charge. But now what? Your defense attorney said that you could get early termination of probation. Is this true? Yes, depending on the specific facts of your case. Most jurisdictions say that you can ask a judge for early termination of …
You might have missed a meeting with your probation officer because of a simple scheduling error. The officer is now saying that you are in violation of your probation. Is this true? It can be, yes. Ten common ways that you can violate probation are when you: miss a court date or a meeting with …