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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. …
Nevada is a “stand-your-ground“ state in terms of self-defense law. This means you can use force to defend yourself or 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 …
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 …
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 of duress is a thief holding up a random pedestrian with a gun …
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 …
Under Nevada criminal law, an accessory after the fact is a person that helps a criminal escape prosecution or a jail or prison sentence. 1. How does Nevada law define a “principal” and an “accessory”? Nevada law recognizes two types of parties to a criminal offense. These are: principals, who are the people who actually …
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” under Nevada law. The …
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 …
NRS 195.020 is the Nevada statute that makes “aiding and abetting” a crime. In most cases, the offense carries the same punishment as the underlying crime that the defendant helped carry out. 1. How does Nevada law define “aiding and abetting”? Nevada’s legal definition of aiding and abetting is helping, counseling, or encouraging another person (called …
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 …
It depends. Most juvenile delinquencies are automatically sealed once the person turns 21. But some records may never be sealed. 1. When does Nevada law say that a juvenile record can get sealed? When someone gets adjudged delinquent as a juvenile in Nevada, the delinquency goes on that child’s juvenile record. When the child turns …
Like it sounds, a terrorist threat in Nevada under NRS 202.448 is issuing a threat concerning a terrorist act, such as a public shooting or stabbing. Note that Nevada law has a separate statute for making bomb threats: NRS 202.840. Making terrorist threats carries potentially harsher prison terms than making bomb threats. 1. What is …
If you know that you are subject to a Nevada bench warrant, you should speak with a criminal defense attorney and try and get it recalled. 1. What is a bench warrant and how do they work? Nevada judges issue bench warrants when a defendant in a criminal case: fails to show up to court …
It depends. Virtually all federal cases proceed by a grand jury indictment. In Nevada state court, the majority of cases do not involve a grand jury at all. But prosecutors often utilize a grand jury in particularly serious or high-profile cases. 1. What is a grand jury proceeding? Grand jury proceedings are secret hearings that …