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Depending on the circumstances of a criminal case in Nevada, there are three main ways to try to persuade a judge to modify the defendant’s sentence: A motion to modify the sentence; A Nevada appeal of the sentence; or A Nevada petition for writ of habeas corpus Learn more about post-conviction relief in Nevada. …
It can be. There are times when defendants in criminal cases may want to waive their right to a jury trial, and instead have a bench trial where the judge alone decides guilt or lack of guilt. Examples of when a defendant may want to waive a trial by jury include when: the defendant is …
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.) …
Nevada State Prison without the possibility of parole is a punishment for the following Nevada category A felony offenses: First-degree murder First-degree kidnapping with substantial bodily harm Sexual assault with substantial bodily harm A subsequent conviction of sexual assault of a child under 16 Battery with the intent to commit sexual assault and which caused …
Nevada gun law generally permits the loaded carry of handguns in vehicles. Handguns include smaller guns such as revolvers and pistols. But people need a current and valid CCW permit to carry the handgun concealed, whether loaded or not and no matter the location. Meanwhile, Nevada state law does not permit people to drive with …
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 …
It depends on the case, but it is very important that the probationer adhere to all of the terms: 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 a crime in Nevada may be able to avoid jail …
If you get drunk on a plane while flying to or from Las Vegas and disrupt the flight, you can face serious federal criminal charges. Every year, hundreds of fliers are prosecuted under federal law for their unruly behavior on commercial airline flights. Crowded and delayed flights combined with alcohol, medication, or mental illness can …
Yes, but there are conditions. Under Nevada self-defense laws, a person in Nevada is not required to retreat before using deadly force if the person: does not start the fight; has the reasonable belief that his/her life is in immediate jeopardy; has the right to be in the location where deadly force is used; and …
Yes, under certain circumstances. A homicide is justifiable in Nevada occurs if all the following conditions are true: The danger was urgent and pressing; The non-aggressor faced death or major bodily harm; A reasonable person in the non-aggressor’s position would also fear for his/her life and safety; and The non-aggressor was not merely acting out …
Yes. Nevada convictions of the following four types of criminal offenses can never be sealed from a person’s record and will therefore always show up on background checks: Felony charges of intoxicated driving (DUI) Crimes against children (under 18) Sex crimes Invasion of the home with a deadly weapon Note that any criminal case that …
Every summer dozens of drug busts mar the Electric Daisy Carnival (“EDC”). People caught with up to an 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 law under NRS 193.120 classifies crimes as either misdemeanors, gross misdemeanors, or felonies. Nevada felonies, in turn, are subdivided into five categories from E (the least serious) to A (the most serious). Misdemeanors NRS 193.120 defines misdemeanors as any crime where the maximum penalty of incarceration is six (6) months in the county jail. In practice, …
If you’ve been convicted of multiple criminal offenses in Las Vegas or elsewhere, you could be labeled a “habitual criminal” by the state of Nevada. That dubious designation can result in more severe punishment if and when you are sentenced for another crime. NRS 207.010, defines who is a “habitual criminal” in Las Vegas, Nevada. …
Death penalty in Nevada as a possible punishment is first-degree murder (NRS 200.030). There are five different types of homicide, in turn, that qualify as first-degree murder in Nevada: premeditated killing felony murder killing to avoid arrest or incarceration killing at a school event killing in perpetration of terrorism Each of these types of first-degree …
Anyone who is legally allowed to possess a firearm may open carry in Nevada. People do not need a permit or a license to open carry in Nevada. And it does not matter whether they live in- or out-of-state. A permit is required only for conceal carry. Open carry v. concealed carry Open carry is …
If the person is in custody at the CCDC for a case in Las Vegas Justice Court, you may post bail at the Pre-trial Services window in the CCDC, which is open from 8 a.m. to midnight every day. You may post bail in cash, cashier’s check, or money order. Unlike most other jails, the …
Step 1: Complete the record request form Fill out the Identification File Request Form (DPS-006). Note that people cannot request other people’s records. Each person must request his/her own record. Make sure the form is filled out completely and written legibly. Otherwise the form will be returned. Step 2: Get fingerprinted Get fingerprinted by a …
An Alford plea in Nevada is when a defendant in a criminal case does not admit guilt but concedes there is sufficient evidence to find him/her guilty at trial. In short, it is a guilty plea that allows the defendant to maintain his/her innocence. Purpose of Alford pleas Whenever a defendant in a Nevada …
Defendants would need to petition either: The court that sentenced them; or The Nevada Board of Parole Commissioners Only the sentencing court or Parole Board may grant an early release from lifetime supervision. Do I qualify for early release from lifetime supervision? Nevada defendants should qualify for early release if: They followed their sex registration …
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 …
Yes, if the case is in a district court, and the judge deems it “necessary.” Under NRS 174.325, an inmate incarcerated in Nevada State Prison or a county or city jail in Nevada can be called to testify at a criminal trial if all of the following three conditions are true: The criminal trial is …
Yes, but only under limited circumstances. Nevada deposition rules in criminal cases (NRS 174.215) A deposition is a legal proceeding where attorneys question under oath (“depose”) a party or a witness (“deponent”) in a case. Depositions are rarely admitted as evidence in Nevada criminal trials, but judges potentially permit them under the following five circumstances: …
Hiding or otherwise helping a fugitive avoid arrest is illegal in Nevada if the helper knows the person is a fugitive. A person who is genuinely ignorant that the person is fleeing police should not face charges for aiding or housing the person. Example: Jim is being chased by police after committing a robbery in …