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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 …
Undercover solicitation stings in Nevada are only considered entrapment if the undercover officers overstep their bounds. 1. What is entrapment? “Entrapment” is when police trick people into committing crimes they are not predisposed to commit. Since entrapment is illegal, it serves as an effective legal defense against criminal charges.1 2. What is an example? An …
Yes, libel is a crime in Nevada under NRS 200.510. 1. What is a crime under NRS 200.510? Under Nevada defamation laws, it is illegal per NRS 200.510 to intentionally publish lies about someone else, which casts that person in a negative light.1 Note that under Nevada law, defamation is a catch-all term for false statements …
If a casino patron in Nevada is suspected of being a card counter, the management can order them to leave the casino. If the patron refuses or comes back, they can then be cited or arrested for violating Nevada trespass law (NRS 207.200). Some notorious card counters have been banned from most of Nevada’s casinos. …
NRS 207.200 is the Nevada statute that defines the crime of trespass. People can commit this offense by staying on another person’s property after being asked to leave. Since this scenario frequently occurs at Las Vegas casinos, trespassing crimes often take place at these establishments. 1. What is trespassing under Nevada law? People commit trespassing …
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 …
How much does it cost to get a record seal in Nevada?Watch this video on YouTube Process of getting a criminal record seal in Nevada amounts to around $150 total if the person does not use an attorney. However, it is highly recommended that people seeking record seals consult with a Las Vegas criminal defense …
Nevada gun laws generally permit you to carry loaded but visible handguns in your vehicle. Handguns include smaller guns such as revolvers and pistols. But you need a current and valid CCW permit to carry a concealed handgun, whether loaded or not and no matter the location. Meanwhile, Nevada state law does not permit people to …
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 …
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 …
Depositions are rarely admitted as evidence in Nevada criminal trials. But judges potentially permit them under the following five circumstances: The witness has passed away after giving the deposition; The witness is no longer of sound mind after giving the deposition; The witness has an illness or injury which prevents him/her from attending the trial …
To be released from lifetime supervision in Nevada, a person would need to submit a petition for release to the court that that imposed the sentence, or to the Nevada Board of Parole Commissioners. Only the sentencing court or the Parole Board have authority to grant such a petition. Do I qualify for early release …