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A driver does not have to tell the police that he/she was drinking if pulled over for a Nevada DUI. But the motorist should act cooperatively. 1. What does a driver have to disclose to police if pulled over for DUI? When a police officer pulls over a driver on suspicion of DUI in Nevada, …
The answer is probably. 1. Does a Nevada DUI result in a driver’s license suspension? A driver’s license suspension is a mandatory penalty for DUIs in Nevada.1 The driver’s license suspension length depends on whether the driver has previous DUIs within the last seven years. For example, the length of a suspension could be: 3-months …
It depends on the case, but any punishment that causes the child to experience or risk unjustifiable pain, physical harm, or mental trauma, may be prosecuted as child abuse in Nevada. 1. What forms of child discipline are acceptable in Nevada? Traditional corporal punishments are typically legal in Nevada. Examples include: spanking, a smack, and …
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 …
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 …
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 …
Five potential defendants following a swimming pool injury or drowning accident in Las Vegas are: The swimming pool owner(s). Whether the swimming pool is in a private residence, a Las Vegas hotel, or a public park, the property owner of the pool could be liable for any injuries under premises liability law. The swimming pool’s …
Yes. Nevada criminal defense attorneys often see cases where an act of “rough sex gone bad” ends in an arrest for rape. And much of the time, the defendant did nothing wrong or did not realize he/she was doing anything wrong. 1. Does rough sex equate to rape under Nevada law? Many people enjoy being …
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 …
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 …
It depends. Both breath tests and blood tests have pros and cons in Nevada DUI cases. 1. What are the pros and cons of a breath test in Nevada? The advantages of a breath test in a Nevada DUI case are as follows: breathalyzers test only for alcohol, so they will not show if the …
A defendant is at liberty to ask a Nevada court to withdraw his/her plea at any time. However, courts are more likely to consider the request if sentencing has not yet occurred. If sentencing has already happened, the judge may presume that the only reason the defendant wants to withdraw the plea is to try …
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 …
A Nevada D.A. will not automatically drop a domestic violence charge if the alleged victim or accuser recants. 1. Will a recanting “victim” result in the dismissal of a Nevada domestic violence charge? Even if a victim claims he/she falsely accused the defendant of battery domestic violence (BDV) in Nevada, the D.A. may decide to …
Three Years The Nevada statute of limitations for medical malpractice claims is three (3) years from the date the medical provider caused the injury, or one year after the patient discovered or should have discovered the injury – whichever is sooner. So if a patient does not become aware of the injury until after three …
A pardon. People who have been convicted of a felony in Nevada are no longer allowed to own or possess guns. The only way they can get their gun rights restored is to receive a pardon from the Nevada government. 1. Does a pardon help restore Nevada gun rights? Yes. Unfortunately, the only way to …
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. …
Nevada’s “12 Hour Hold Law” allows police to keep people arrested for DUI in custody until they’re no longer under the influence. If they were drunk, police might wait until their BAL reaches .04 percent. If they were high, police could hold them for twelve hours. 1. What’s Nevada’s Law on DUI? NRS 484C.110 criminalizes …
Using a fake driver’s license to drink, gamble, or buy cigarettes is a Nevada misdemeanor punishable by up to six months in jail and/or up to $1,000 in fines. But possessing a fake driver’s license to establish a fake identity is a category E felony, which typically carries probation and a suspended sentence. (Though defendants …
Hundreds of thousands of non-citizens in Nevada face immigration consequences for prior criminal convictions. These consequences affect legal and illegal immigrants alike and can include deportation, denial of re-entry, and denial of the chance for naturalization to the United States. But non-citizens have hope in post-conviction relief. 1. What is “post-conviction relief” in Nevada? Post-conviction …
Following a reckless driving conviction in Nevada, the waiting period to seal the criminal record after the case ends is one year for misdemeanors, two years for gross misdemeanors, and five years for category B felonies. However, if the reckless driving charge gets dismissed short of conviction, the defendant can petition for a seal immediately. …
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 …