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Following a Colorado hit-and-run incident, prosecutors can press criminal charges against the suspect within one year in most cases, three years if serious injury results, five years if death results, and ten years in vehicular homicide cases. Meanwhile, the victim can bring a civil lawsuit within three 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 …
You were pulled over for a traffic violation. You believe, though, that you did nothing wrong and the police officer never had probable cause to stop you. Can you now fight the ticket? What exactly is the probable cause standard in California? The term “probable cause” can generate some confusion as it can have different …
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 …
In Nevada criminal cases, the terms of probation are a set of rules and conditions that a defendant is legally required to adhere to while serving a probationary sentence. Violating a term of probation can cause the judge to impose the underlying jail or prison sentence. Probation terms in Nevada People who get convicted of …
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 is a “stand-your-ground“ state. This means you can use force in self-defense or defense of others (without a duty to retreat) so long as you did not start the fight, you have a reasonable belief that your life is in immediate jeopardy, you have a right to be in the location where deadly force …
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 …
Maybe you were placed on misdemeanor probation for a DUI offense. You later find out that you are an “absconder” because you had to move to a different county to secure a job. What exactly is absconding probation, and is it bad? Absconding probation basically means that the court overseeing your probation does not know …
A doctor gave you a legal prescription for Adderall for your ADHD. But you were later arrested for DUI after taking a dose. Can this really happen? Yes. You can be charged and convicted for DUI if you take a drug, including Adderall, and it impairs your ability to safely operate a motor vehicle. This …
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, masturbating in a crowded park, and exposing genitalia on a bus. …
A letter asking for leniency is a letter to the judge in a criminal case, usually submitted around the time of sentencing, asking the judge to go easy on the defendant. Because judges often have wide discretion as to sentencing, these letters sometimes help to persuade them to impose a lighter rather than a harsher …
If you fail to appear in court for a scheduled court date (sometimes referred to as FTA), the judge in the case can issue a bench warrant for your arrest. The warrant authorizes law enforcement officers to arrest you and bring you directly to court. Bench warrants in these cases are sometimes referred to as …
Civil cases generally involve disputes between private parties such as personal injury lawsuits, contract disputes or divorce proceedings. By contrast, criminal cases involve prosecutions by the government against people or entities for committing crimes such as murder, domestic violence, DUI or fraud. There are five main differences between a civil case and a criminal case. …
If you fail a drug test while on misdemeanor probation, the most common happenings include: a warning, community service, rehabilitation, counseling, modification of probation conditions or probation revocation, and jail time. In cases involving probation modification or revocation, a judge will likely hold a probation revocation hearing to determine that you did in fact violate …
The castle doctrine is a doctrine of self-defense law in many states that says you can legally use force, including sometimes deadly force, to defend yourself at home from hostile intruders. By contrast, stand your ground is a doctrine of self-defense law in some states that is even broader than the castle doctrine. It says …
Generally speaking, no. This means if you are stopped on suspicion of DUI and asked to perform field sobriety tests (FSTs), you can lawfully refuse to do so. In fact, most criminal defense attorneys and DUI attorneys recommend that you politely refuse to take FSTs because they are more likely to hurt than help your …
A person’s body size, as determined by height and body weight, can influence his or her blood alcohol concentration (BAC). In general, a shorter person with a smaller body will have a higher BAC than a larger person who consumes the same amount of alcohol over the same period of time. Blood alcohol levels are …
As a federal crime, Medicare fraud is investigated by the Medicare Fraud Strike Force. It is comprised of federal investigators and prosecutors from various agencies. Examples include: U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG); Department of Justice (DOJ); Drug Enforcement Administration (DEA); Department of Defense (DOD); Internal Revenue Service …
Since Colorado is a one party consent state, people may lawfully record conversations in their workplace if at least one party to the conversation freely consents to being recorded. If the person doing the recording is part of the conversation, then no one else’s consent is needed because the recorder has his/her own consent.1 If …
Colorado’s eavesdropping and wiretapping laws make it a crime to record other people’s conversations without the permission of at least one of the participants. And if the conversation is an interstate phone call, it may be necessary to get everyone’s permission before lawfully recording the call. But any conversation that occurs in public can be …
Yes, unless the transmitter acted unknowingly or the person who contracted HIV consented to it. 1. How does Nevada law define “intentional transmission of HIV”? Under Nevada statute NRS 201.205, it is a crime for someone who knows he/she has tested HIV positive to deliberately engage in conduct that could transmit the virus to someone …