Nevada Blog - Page 3

Is cocaine a felony in Nevada?

Posted on | Category: Drug Crimes

Possessing, selling, making, transporting, or trafficking cocaine is a felony in Nevada. The only cocaine-related misdemeanors in Nevada are being under the influence or possessing paraphernalia. But even felony charges can potentially be reduced to a misdemeanor or dismissed. What is the penalty for possessing cocaine in Nevada? The sentence for recreational cocaine possession (NRS …

Does Nevada follow the Castle doctrine?

Posted on | Category: Laws

The State of Nevada follows the Castle Doctrine. This means that people have the legal right to force, including deadly force, to protect an occupied home or occupied vehicle from a seemingly dangerous intruder. There is no duty to retreat before acting in lawful self-defense, even if there are easy means of escape. Nevada’s Castle Doctrine …

What’s the difference between jail and prison in Nevada?

Posted on | Category: Criminal Defense

Hands reaching through jail cell

Nevada jails are county- or city-run detention facilities that house people who have been arrested, are awaiting trial, or who are serving misdemeanor or gross misdemeanor sentences. Nevada prisons are state-run detention facilities that house people who are serving felony sentences. Who goes to jail in Nevada? Jail inmates consist of four main populations: People …

Can victims of assault and battery in Las Vegas file a lawsuit?

Posted on | Category: Uncategorized

Man's bloody fist after fight

Yes, victims of violence may sue their assailant for assault and battery in Nevada. A settlement should cover all medical expenses, lost wages from being unable to work, and pain and suffering. And depending on the case, victims may also have grounds to sue for false imprisonment and intentional infliction of emotional distress. How do …

When Can a Police Officer Pull Me Over in Nevada?

Posted on | Category: Laws

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 …

What is the difference between residential and commercial burglary in Nevada?

Posted on | Category: Uncategorized

Hooded burglar with crowbar breaking into house window

In Nevada, residential burglary is entering a home with the intent to commit a crime inside. Commercial burglary is entering a business with the intent to commit a crime inside. Residential burglary carries up to 10 years in prison while commercial burglary carries up to five years. But if the burglar had a deadly weapon, …

How to modify a criminal sentence in Nevada

Posted on | Category: Criminal Defense

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. …

How to file an insurance claim after an accident in Nevada

Posted on | Category: Personal Injury

Driver calling insurance company on clel phone while looking at car accident aftermath

To file an insurance claim following an accident in Nevada, first call a personal injury attorney to discuss how best to word the claim. Then contact the insurer by phone or submit the claim online. For car accidents involving another driver, be prepared to provide that driver’s name, insurance company, policy number, and driver’s license …

3 situations where loitering is a crime in Las Vegas

Posted on | Category: Uncategorized

Three situations that qualify as illegal loitering in Nevada are 1) people hanging out in locations where children gather, 2) people under 21 remaining in casino areas, and 3) people being in or near public restrooms to solicit sex or break the law. Loitering is a misdemeanor, carrying up to 6 months in jail and/or …

What is the difference between home invasion and burglary in Nevada?

Posted on | Category: Burglary

The Nevada crime of home invasion under NRS 205.067 is forcibly entering an inhabited dwelling without permission of the owner or lawful occupant. In contrast, burglary under NRS 206.060 is entering any structure (whether a dwelling or not) with the intent to commit a felony, or assault or battery inside.  Home invasions crimes are limited …

Can a juvenile get life in prison for a crime in Nevada?

Posted on | Category: Juvenile

Young hand reaching through barb wire fence

Yes, but only if there is the possibility of parole. People convicted in Nevada criminal court of crimes they committed while under 18 years old may never be sentenced to life in prison without the possibility of parole. If the crime did not result in a death, parole eligibility begins after 15 years in prison. …

Is teen sexting a crime in Las Vegas?

Posted on | Category: Lewdness With a Minor

As “sexting” between teenagers has become a common activity, Nevada is one of many states that have passed laws specifically addressing the issue, making teenage sexting in Las Vegas and throughout the state a crime. “Sexting” refers to the sending of nude or sexual images via cell phone text messaging or e-mail. According to recent …

What is the wrongful death statute in Nevada?

Posted on | Category: Wrongful Death

Gavel and paper that says wrongful death

Nevada’s wrongful death statute is Nevada Revised Statute (NRS) 41.085. It spells out how the decedent’s heirs may sue the at-fault parties for grief, loss of consortium, loss of probable support, and the decedent’s pain and suffering. Meanwhile, the decedent’s estate can sue for the decedent’s medical bills and funeral expenses, any compensatory damages the …

When is drug possession in Las Vegas a federal crime?

Posted on | Category: Drug Crimes

Man being handcuffed for possessing illegal pills

Simple possession of controlled substances without a valid doctor’s prescription is always a federal crime as well as a state crime in Nevada.1 But the feds largely limit their prosecutions to possession occurring on federal land, such as Lake Mead, Nellis Air Force Base, or the Lloyd D. George Federal Court. The feds also target …

What is the difference between child abuse, neglect and endangerment in Nevada?

Posted on | Category: Child Abuse

Child looking forlorn out of window

Child abuse is physically causing a minor under 18 years old unjustifiable physical pain or mental suffering. Child neglect is failing to tend to the minor’s care. And child endangerment is putting the minor in a hazardous situation. But these distinctions do not determine Nevada’s criminal penalties for harming a child. Instead, the punishment for …

Hit by someone texting and driving in Las Vegas? Can I file a lawsuit?

Posted on | Category: Negligence

Close up of hand texting while other hand on steering wheel

Updated June 9, 2021 Yes. People injured by texting drivers in Nevada can file a negligence per se lawsuit against them. Victims in these Nevada personal injury cases can seek money damages for medical bills, lost wages, and pain and suffering. In addition, the texting motorist can face a civil penalty for texting while driving …

Is “mouth alcohol” a defense to a Nevada DUI charge?

Posted on | Category: DUI

Man drinking from a beer bottle

Yes, residual mouth alcohol is a defense to Nevada DUI charges. Mouth alcohol can cause breathalyzers to return inaccurately high blood alcohol content (BAC) readings even if the defendant’s actual BAC is legal (below the 0.08% threshold). If the DUI attorney can show that the defendant had mouth alcohol, the drunk driving charges may be …

What is the Victims of Crime Program in Nevada?

Posted on | Category: Criminal Defense

Battered woman cowering behind door

Nevada’s Victims of Crime Program (VOCP) provides financial support for eligible crime victims and their families. What expenses does the VOCP pay for? Each case is different. Depending on the circumstances, VOCP may help pay expenses for: Childcare costs that the crime caused Medical bills (hospitals, ambulance, clinical visits, home health care, dental work, etc.) …

What are the 4 degrees of arson under Nevada law?

Posted on | Category: Uncategorized

Nevada criminal law has four degrees of arson (NRS 205.010 – 205.025), which is intentionally and illegally setting fire to property. The most serious charge is first-degree. Fourth-degree is the least serious. Each degree carries prison time, possible fines, and restitution to the victim. Common defenses include that the incident was an accident, that the …

What Happens if I Get a 4th DUI in Nevada?

Posted on | Category: DUI

A fourth-time DUI arrest (within seven years of the first one) is an automatic category B felony in the state of Nevada. This is the case even if the driver caused no accidents or injuries. This is because a 3rd time DUI in Nevada is an automatic felony, and Nevada law requires that every DUI arrest …

How to buy a gun in Nevada – 3 steps

Posted on | Category: Gun Laws

There are three steps to purchasing a firearm in Nevada. Step one is to check that you are qualified. Step two is to go to a licensed dealer (even for private gun sales). Step three is to complete ATF Form 4473 (unless an exception applies). Even CCW cardholders have to fill out the ATF Form …

What is a Nevada 72 hour hold?

Posted on | Category: Personal Injury

A 72-hour hold under Nevada law – also called an emergency admission, Legal 2000 or L2K – is when a person with mental illness gets placed under medical observation, evaluation, and treatment for three days. The purpose of a 72-hour hold is to keep these patients safe while the next steps are determined. The hospital …

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