Nevada Blog - Page 12

Am I allowed to kill someone in self-defense in Nevada?

Posted on July 4, 2020 | Category: Criminal Defense

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 …

5 ways to get a prenuptial agreement invalidated in Nevada

Posted on July 4, 2020 | Category: Laws

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 …

5 most common grounds for employment discrimination lawsuits in Nevada

Posted on July 4, 2020 | Category: Employment Discrimination

Five of the most common grounds for employment discrimination lawsuits in Nevada are: 1. Exceptions to “at will” employment 2. Wrongful termination for whistleblowing 3. Wrongful termination for claiming harassment or discrimination 4. Wrongful constructive discharge 5. Wrongful termination for political activities 1. Exceptions to “at-will” employment In general, Nevada employers may fire their employees …

4 times when Nevada police can search your trunk

Posted on July 4, 2020 | Category: Warrant

Law enforcement in Nevada may lawfully search a vehicle’s trunk in four main situations: The police have probable cause, The driver consents, The police have a search warrant, and/or The police are doing an inventory A routine traffic stop alone does not give Nevada police probable cause to search the vehicle’s trunk. 1. The police …

What Is “Disturbing the Peace” in Las Vegas, Nevada?

Posted on July 4, 2020 | Category: Laws

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 …

How to check if your license is suspended in Nevada?

Posted on July 3, 2020 | Category: Drivers License

There are three ways to check whether your driver’s license is suspended or revoked in Nevada. The first is to check online at the DMV website. The second is to contact the DMV by phone or email (but note that wait and response times are much longer amidst the COVID-19 crisis. The third is to …

What happens if you don’t pay a casino marker in Las Vegas?

Posted on July 1, 2020 | Category: Casino Marker Laws

Nevada crime of not paying back a casino marker include both criminal charges and civil lawsuits. Since Nevada law presumes casino marker defendants have an “intent to defraud”, it is challenging for defendants to win these cases unless they can repay the full amount they owe. Here are ten things that happen if you do …

What’s the Difference Between a Misdemeanor and a Gross Misdemeanor?

Posted on July 1, 2020 | Category: Misdemeanor

Misdemeanor crimes in Nevada and gross misdemeanor crimes in Nevada are: the standard penalties they carry, whether defendants have the right to a jury trial, and how long defendants need to wait to get a conviction sealed from their criminal record Difference Misdemeanors versus Gross Misdemeanors in Nevada 1) Standard penalties Misdemeanor convictions: Up to …

What’s the difference between petit and grand larceny in Nevada?

Posted on July 1, 2020 | Category: Laws

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 …

Is it illegal in Las Vegas to charge food and drinks to another person’s room?

Posted on July 1, 2020 | Category: Laws

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 …

How are Different Types of Crimes Classified in Nevada? (NRS 193.120)

Posted on July 1, 2020 | Category: Criminal Defense

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, …

Is racketeering a federal or a state crime in Nevada?

Posted on July 1, 2020 | Category: Federal Crimes

Both. Racketeering is both a Nevada crime under NRS 207.400 and a federal crime under 8 U.S.C. § 1961-1968. Racketeering under federal law is called RICO (short for Racketeer Influenced and Corrupt Organizations Act). Depending on the case, a racketeering suspect can be prosecuted in Nevada state court, Nevada federal court, or both. Definition The Nevada …

Is Not Paying Back a Casino Marker a Crime in Nevada?

Posted on July 1, 2020 | Category: Casino Marker Laws

Yes. Just last month the Nevada Supreme Court took up this issue again and upheld the constitutionality of NRS 205.130. If someone takes out a casino marker and fails to make good on it within the specified time, the court presumes the person had “intent to defraud.” It is very difficult to win casino marker …

Reno/Tahoe Casino Crime Can Deal You a Bad Hand

Posted on July 1, 2020 | Category: Casino Marker Laws

You can get in big trouble in the “Biggest Little City in the World” if you try to cheat your way to riches in one of Reno’s many casinos. There are many crimes that take place in Reno’s casinos that could happen anywhere in the city – prostitution, battery, public intoxication, and pickpocketing just to …

Can a Domestic Violence Charge Be Dismissed in Nevada?

Posted on July 1, 2020 | Category: Domestic Violence

Sometimes. Know that Nevada law specifically prohibits prosecutors from reducing or dismissing a charge of battery domestic violence (BDV) unless either: The prosecutor knows that the BDV charge is not supported by probable cause or cannot be proved at trial; or It is obvious that the BDV charge is not supported by probable cause or …

What is the penalty for a first offense of domestic battery in Nevada?

Posted on July 1, 2020 | Category: Domestic Violence

A first-time offense of battery domestic violence in Nevada under NRS 200.485 is typically prosecuted as a misdemeanor as long as the victim is not pregnant. The sentence carries: two (2) days to six (6) months in jail; $200 to $1,000 in fines (as well as a $35 administrative assessment fee); 48 to 120 hours …

Is Dumpster Diving Illegal in Las Vegas?

Posted on April 6, 2020 | Category: Laws

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 …

How to file a complaint against a police officer in Nevada?

Posted on March 24, 2020 | Category: Laws

Victims of police misconduct in Nevada can always file a complaint against the officer. Common grievances are that the police either: used excessive force against the victim, wrongfully confiscated the victim’s property, and/or damaged the victim’s property Once victims file a complaint, the police department’s review board will conduct an investigation. If the board finds …

How long do you have to have an SR22 in Nevada?

Posted on March 24, 2020 | Category: Laws

SR-22 insurance in Nevada is required for three (3) years. And if the person’s SR-22 lapses before the three years are up, then the three-year requirement begins all over again. 1. What is SR-22 insurance in Nevada? An SR-22 is a “proof of financial responsibility” issued by the driver’s car insurance company. An SR-22 verifies …

5 crimes that can get you the death penalty in Nevada

Posted on March 23, 2020 | Category: Criminal Defense

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 …

Does Nevada have open carry reciprocity?

Posted on March 18, 2020 | Category: Criminal Defense

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 …

Four ways DUI can be a felony in Nevada

Posted on March 11, 2020 | Category: DUI

There are four scenarios where drunk or drugged driving is a Nevada felony. One is DUI-third, where the defendant has two prior DUI convictions in the last seven years. Another is any DUI following a felony DUI conviction. DUI causing injury or death (NRS 484C.430) is always a felony. Finally, vehicular homicide (NRS 484C.440) – a …

What is the Las Vegas rule for when Miranda rights must be read?

Posted on February 18, 2020 | Category: Laws

Las Vegas police must read Miranda warnings to suspects in “custodial interrogation.” This is when the suspect is not free to leave (usually after an arrest), and the police are questioning the suspect. What is the purpose of Miranda warnings? Miranda warnings inform arrestees of their rights. Specifically, they have the right to not say …

How does Live Scan fingerprinting work in Las Vegas?

Posted on February 12, 2020 | Category: Laws

Live Scan fingerprinting uses digital technology instead of ink. Live Scan fingerprints taken in Las Vegas get immediately transferred to the Department of Justice (DOJ). The DOJ then uses the Automated Fingerprint Identification System (AFIS) to run background checks and retrieve the person’s criminal record (if any). Who needs to get Live Scan fingerprints? Anyone …

How can I obtain a criminal history statement in Nevada?

Posted on February 10, 2020 | Category: Criminal Defense

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 …

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