Getting your Nevada criminal sentence shortened is always an uphill battle, but it is possible. The four methods I use to try to persuade a judge to grant a resentencing are: A motion to modify the sentence; An appeal of the sentence; A commutation; and/or A petition for writ of habeas corpus 1. A Motion …
A Nevada subpoena is a court order for you to appear as a witness in a court matter. Nevada law has strict protocols for delivering a subpoena. If these rules are not followed, you do not have to comply with the subpoena. How are subpoenas served in civil cases? If you are named in the …
It is not illegal merely to possess counterfeit money. Possessing counterfeit money becomes illegal if you know that it is counterfeit and intend to use it to defraud someone. Counterfeiting is a federal crime, and using counterfeit money is often a state one. A conviction for counterfeiting can carry up to 20 years in federal …
Playlist: Recording laws in NevadaWatch this playlist on YouTube Nevada’s recording rules are different for private in-person conversations versus phone conversations. If you are eavesdropping on a private, in-person conversation, you can record it in Nevada only if at least one party to the conversation consents. Therefore if you are having an in-person conversation yourself, …
If you have a civil or criminal case in Nevada state court, you may be able to recuse (remove) the judge from your case on either of the following four grounds: the judge has actual bias or prejudice for or against you, the judge is a party to or is interested in the case, the …
If you are out on probation in Nevada, it might be possible to shorten your probationary period. Judges have a lot of discretion to determine when probation ends. It is not unheard of for them to modify the terms upon a showing of good reason. While there is no guarantee that Nevada courts will grant …
No. Bump stocks are illegal to possess, make, transfer or sell in Nevada. They were outlawed in response to the Las Vegas Massacre on October 1, 2017, where a shooter in the Mandalay Bay used a bump stock on his semi-automatic rifle to kill and injure hundreds of people.1 What are the penalties for having …
Nevada is one of the states that follows the Castle Doctrine. The law allows you to use force (even deadly force) in self-defense when (1) an intruder enters your occupied home or vehicle, and (2) you reasonably believe the intruder intends to commit violence.1 Under the Castle Doctrine, there is no duty to retreat, even if a …
So long as you are not otherwise barred from possessing firearms, you may open carry in Nevada even if you are not a state resident. However, there are some limitations as to the places where you can open carry. Who cannot open carry guns? Certain people are prohibited from carrying weapons ever. Some of these …
Although adults 21 and older may now lawfully possess up to 2.5 ounces of marijuana in private, consuming marijuana in public in Nevada is a misdemeanor carrying a $600 fine. Juveniles under 18 caught with marijuana can be ordered to do 24 hours of community service. Meanwhile, minors ages 19 or 20 caught with less …
No. Brass knuckles are illegal weapons in Nevada. Possessing brass knuckles is typically a gross misdemeanor in Nevada, punishable by up to 364 days in jail, and/or up to $2,000 in fines.1 What are brass knuckles? Brass knuckles consist of four connected metal finger holes that you hold in place with your thumb. The device’s …
Many states do have specific laws that make it illegal to leave a child unattended in a motor vehicle. Depending on the facts of your case, and the state you live in, you could violate one of these laws if: you leave your child in the car unattended with the car’s motor running, you leave …
Las Vegas Metropolitan Police Department (LVMPD) uses for background checks. SCOPEs are printouts of a person’s past arrests and convictions, if any. A current and valid SCOPE is necessary in order to complete the petition for a Nevada criminal record seal. Below our Las Vegas criminal defense attorneys discuss five things to know in order …
It depends on the case. The Nevada State Board of Pardons Commissioners reviews applications for commutations, and they review each one on its own merits. A Nevada sentence commutation is when the Pardons Board lessens a defendant’s criminal sentence. A defendant’s eligibility for a modified sentence depends on whether the defendant is presently: incarcerated, out …
Las Vegas is one of the easiest and quickest places to get married in the U.S. Couples do not need a blood test, and there is no required waiting period between getting the marriage license and having the ceremony. Instead, couples just need to follow the steps below: Step 1: Make sure you are eligible …
Yes. Nevada public defenders are assigned to children facing delinquency charges in juvenile court in Nevada. 1. Who are public defenders in Nevada? A public defender is a government-employed attorney who represents indigent defendants facing criminal charges.1 Nevada counties with populations of at least 100,000 residents are legally required to have public defender offices. Meanwhile, …
NRS 197.190 is the Nevada law that makes it a crime to obstruct a public officer. A violation of this statute is a misdemeanor offense punishable by up to six months in jail. 1. What is a crime under NRS 197.190? Under NRS 197.190, a person can be arrested for “obstructing a public officer” by either: refusing or …
Both the Nevada crimes of extortion and bribery are felonies, although extortion is considered a more serious offense and, therefore, carries potentially harsher penalties. This is because extortionists threaten their victims with harm if they do not comply, whereas bribers do not threaten harm to the persons they are bribing. 1. How does Nevada law …
Las Vegas residents whose neighbors play their music too loud can take various non-legal, criminal, or civil courses of action, discussed below. In any event, residents should compile evidence of the noisy music, such as: video and audio recordings of the music playing; contact information of other neighbors willing to testify as witnesses to the …
Just about every driver has been pulled over by a police officer at some point in time. Usually, a police officer makes a traffic stop when there has been a traffic violation. But what is the legal standard for when the police can conduct a traffic stop in Nevada? The Fourth Amendment to the United States …
Prenuptial agreements (a.k.a. premarital agreements in Nevada) are contracts where engaged couples agree to terms of the divorce in advance of getting married. The point of prenups is to have an ironclad contract to follow in the event of divorce. But there are at least five factors that could invalidate a Nevada prenup: The prenup …
While what happens in Vegas may stay in Vegas, if what happens in Vegas gets too out of hand, you could find yourself charged with disturbing the peace. Referred to as a “breach of peace” in Nevada law, and sometimes also called “disorderly conduct,” disturbing the peace in Las Vegas can take a wide variety …
Petit larceny in Nevada is stealing less than $1,200 worth of property. Grand larceny (a.k.a. grand theft) in Nevada is stealing $1,200 or more worth of property. Definition of larceny in Nevada (NRS 205.220; NRS 205.240) Larceny (a.k.a. theft) in Nevada is when someone intentionally steals, takes and carries away, leads away or drives away …
Yes, if the other person has not given permission to the person making the charge. Since Nevada has so many hotels and is a travel mecca, it is no surprise the state has a specific fraud statute — NRS 205.455 — outlawing this and similar behavior. Depending on the case, the defendant may also face …
Yes. Dumpster diving is unlawful both in the City of Las Vegas and throughout Clark County. Rummaging through other people’s trash is prosecuted as a misdemeanor, carrying a maximum punishment of: $1,000 in fines, and/or 6 months in jail The legal term for dumpster diving is “interference with or removal of containers.”1 What is dumpster …
