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Three of the times that Nevada law enforcement may seize private property for criminal activity are when: The seizure is incident to a lawful arrest; The seizure is pursuant to a lawful search warrant or search warrant exception; or The seizure is of property subject to asset forfeiture People may be able to get their …
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. 1. …
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 …
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, 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 …
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, …
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 …
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 …
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. Defendants in criminal cases who get released on their own recognizance (OR) may get arrested if they violate the terms of their release. What are the standard O.R. conditions in Nevada? At a minimum, defendants released on OR are required to appear at future court hearings — in other words, not skipping court. And …
Character evidence may be admissible in Nevada criminal trials depending on whether the evidence concerns the defendant, a witness, or the victim. 1. Character evidence of defendants In Nevada criminal trials, defendants are allowed to present proof of their own good character in attempt to disprove the criminal charge(s). But defendants take a big risk …
Criminal record seals and governor’s pardons are largely different in Nevada. A record seal makes the person’s criminal past invisible from their background checks. Meanwhile, a pardon is a government issued “forgiveness” of a person’s past crime(s).In this article, our Las Vegas criminal defense attorneys discuss how record seals compare to pardons in Nevada. 1. …
Defendants in Nevada criminal cases can certainly request that they participate in a lineup, but law enforcement has no obligation to comply. A defendant can also seek a court order that that police conduct a live lineup. In some cases that can help exonerate the accused, when witnesses are not able to identify him or …
Yes. Once a driver enters a DUI roadblock in Nevada, NRS 484B.580 obligates the driver to stop and follow the police’s instructions. Sometimes the police will just wave the driver through. But most of the time, an officer will detain the driver to ask some questions… If the cop suspects the driver is intoxicated, the …
It remains unclear how the shooter in October’s Las Vegas Massacre managed to assemble an arsenal of firearms in his Mandalay Bay hotel room without anyone notifying the authorities. But two things are clear: 1) The shooter was a high roller, and 2) High rollers can get away with things other casino patrons cannot. Big …
Uber and Lyft are Nevada’s most prominent ride-sharing companies, technically known as “Transportation Network Companies” or “TNCs.” TNCs differ from taxi companies in several ways: They have less prominent signage and visual displays; Drivers drive their own cars and are responsible for maintenance and fuel; Drivers set their own schedules; and Drivers are never required …
Yes. In 2015, the Nevada Legislature created the new crime of “housebreaking.” “Housebreaking” under Nevada law is entering a vacant dwelling for the purpose of unlawful residency (“squatting”). The elements of housebreaking under NRS 205.0813 are: the suspect forcibly enters an uninhabited or vacant dwelling, and the suspect knows (or has reason to believe) that such …
Yes. Squatting in Nevada subjects the alleged squatter to not only civil lawsuits but also criminal charges. Squatting prosecutions have been on the rise due to the increasing number of unoccupied homes in Nevada as a result of the 2008 housing crash. With so many empty houses in the valley, it may be easy for …
In a recent survey, 28% of Americans admitted they had directed malicious online activity at someone they didn’t know. In many cases, such activity is protected by the First Amendment. But in other cases, such activity can subject you to a lawsuit or a criminal prosecution. Malicious online activity can take various forms in Nevada, including: Trolling, …
With the exception of extremely violent crimes, you might be able to escape prosecution in Nevada if enough time has passed since you committed the offense. The majority of Nevada crimes have statutes of limitations, which spell out a time limit during which a D.A. may press charges for it. Whenever a prosecutor files charges …
While Nevada’s deserts may be known for their heat, residents know that during the winter things can get very cold, especially at night. If you leave your child unattended in a car when it’s extremely cold, you could face Nevada criminal charges. “Knowingly and Intentionally” Leaving a Child Unattended in a Car is a Crime …
If you are facing criminal charges in Las Vegas, you should explore your options for legal representation before going with a Las Vegas public defender. “You have the right to an attorney. If you can’t afford an attorney, one will be appointed to represent you…” You may be familiar with this portion of the Miranda …
If you are arrested for participating in an unauthorized speed contest on a Nevada roadway, you face a misdemeanor reckless driving charge. And the penalties for drag racing – or for organizing a drag race – increase with each successive conviction. A first time speed contest conviction is punishable by: $250 to $1,000 in fines, …
A “Ponzi scheme” in Las Vegas, Nevada is a complex type of financial fraud that, when it collapses and is exposed, can lead to serious criminal charges and decades behind bars. As defined and described by the U.S. Securities and Exchange Commission, a Ponzi scheme is: “an investment fraud that involves the payment of purported returns …