Nevada Blog

3 situations where “consent” is NOT a defense to rape in Nevada

Posted on July 5, 2020 | Category: Rape

Consent is an ineffective defense to rape in Nevada when the victim is too incapacitated to give consent, is forced to give consent, or is under 16 years old. Nevada defines sexual assault (“rape”) as having sexual penetration with another person without his/her consent. Therefore a common defense to rape charges is that the “victim” …

“Road Rage” in Nevada Can Drive You Straight to Jail

Posted on July 5, 2020 | Category: Road Rage

The streets and highways of Las Vegas can be crowded and frustrating. If you’re stuck in traffic, or another driver has done something to annoy or anger you, you could succumb to “road rage.” But if you do let your emotions get the best of you, your actions and words could lead to your arrest …

Is a third DUI still a misdemeanor in Nevada?

Posted on July 5, 2020 | Category: DUI

No, not if it occurred within seven years of the first DUI. In Nevada, a third-time DUI is automatically prosecuted as a felony if it happened within seven years of the first DUI. It does not matter whether the previous two drunk (or drugged) driving incidents occurred in Nevada or another state. Nor does it …

Does Nevada follow the “one bite rule” in dog bite cases?

Posted on July 4, 2020 | Category: Dog Bites

Yes, Nevada law follows the maxim commonly known as the “one bite rule“. This means that unless they were negligent, dog owners in Nevada are generally not liable if their dog bites a person after having never bitten a person before. But once their dog bites a person, owners may be liable for damages depending …

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 …

Who is responsible when a norovirus breaks out at a Las Vegas hotel

Posted on July 4, 2020 | Category: Premises Liability

Las Vegas hotels may be liable when their patrons get sickened from a norovirus outbreak (a.k.a. stomach flu). If the victims can show that the hotel’s violation of negligence laws caused or worsened the outbreak, the victims may be able to recover compensatory damages to pay for all their: medical bills to treat the virus, lost wages while …

Assaulted in a Las Vegas parking garage. Can I file a lawsuit for inadequate security?

Posted on July 4, 2020 | Category: Premises Liability

In many cases, yes. Las Vegas parking garages are an extension of the venues they are serving, such as hotels, casinos, or malls. The purpose of garages is to make it easier for customers to patronize businesses, and these patrons should expect a minimum level of security to protect them. If a person gets assaulted …

Is Nevada a “stand your ground” state?

Posted on July 4, 2020 | Category: Criminal Defense

Yes, but there are conditions. Under Nevada self-defense laws, a person in Nevada is not required to retreat before using deadly force if the person: does not start the fight; has the reasonable belief that his/her life is in immediate jeopardy; has the right to be in the location where deadly force is used; and …

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 …

Hit by a DUI drunk driver in Las Vegas? What are my rights?

Posted on July 4, 2020 | Category: DUI

Victims of Nevada drunk driving accidents may feel powerless, but there are various rights they may employ for their benefit, including: The right to file a police report, The right to file a lawsuit for violating Nevada negligence laws, The right to file an uninsured or under-insured motorist claim in Nevada to seek compensation, The right to seek …

Is expungement in Nevada the same as a record seal?

Posted on July 4, 2020 | Category: Misdemeanor

No. Nevada does not offer record expungements, only record seals. Like it sounds, a record seal is when a person’s criminal record is made to be invisible so it no longer comes up on background checks. And once a record has been sealed, the person can lawfully deny ever having been arrested or convicted of …

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 …

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 …

Can a tenant in Nevada sue the landlord or management company if he is injured in the unit?

Posted on July 4, 2020 | Category: Negligence

In general, Nevada landlords and property management companies are not liable for injuries that occur inside a rental unless their faulty workmanship or repairs caused the injury. Landlord’s duty to maintain habitable conditions Nevada landlords have the duty to keep dwellings in a habitable condition. Just some of these habitability requirements include: weather protection of …

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 …

When does the “open and obvious” defense apply in Nevada premises liability cases?

Posted on July 4, 2020 | Category: Premises Liability

Under Nevada premises liability laws, the “open and obvious” refers to hazards that are so plain to see that any reasonable person would be aware of them and take care around them. Therefore people who suffer injuries because of an open and obvious condition – such as a lake or a cliff – might not have …

Can a property owner be liable for the criminal activities of others on the property in Nevada?

Posted on July 4, 2020 | Category: Premises Liability

Yes, in some cases. Whether a Nevada property owner can be held civilly liable for other people’s crimes committed on their property is a hot topic now in light of the October 1 mass shooting at the Mandalay Bay. MGM (which owns Mandalay Bay) is facing numerous lawsuits from victims alleging that the MGM violated …

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 …

Are there criminal records in Nevada that can never be sealed?

Posted on July 3, 2020 | Category: Criminal Defense

Yes. Nevada convictions of the following four types of criminal offenses can never be sealed from a person’s record and will therefore always show up on background checks: Felony charges of intoxicated driving (DUI) Crimes against children (under 18) Sex crimes Invasion of the home with a deadly weapon Note that any criminal case that …

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 …

Is hashish legal in Nevada?

Posted on July 1, 2020 | Category: Criminal Defense

Adults 21 and older may possess up to 1/8 of an ounce of hashish for personal use in Nevada. Only licensed dealers may sell hashish. Hashish (“hash”) is a type of concentrated cannabis. It comes from the dried resin (“kief”) of the tops of cannabis plants. Hashish can be smoked or used in edibles. Prohibited …

What is a “Habitual Criminal” in Las Vegas, Nevada?

Posted on July 1, 2020 | Category: Criminal Defense

If you’ve been convicted of multiple criminal offenses in Las Vegas or elsewhere, you could be labeled a “habitual criminal” by the state of Nevada. That dubious designation can result in more severe punishment if and when you are sentenced for another crime. NRS 207.010, defines who is a “habitual criminal” in Las Vegas, Nevada. …

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 concentrated cannabis legal in Nevada?

Posted on July 1, 2020 | Category: Marijuana Laws

Nevada law permits adults (21 and up) to possess a maximum of 1/8 oz. of concentrated cannabis for personal use. People may not sell it unless they are licensed dealers. Concentrated cannabis is extracted from marijuana. Therefore, it is more potent than marijuana. That is why people may lawfully possess an ounce of marijuana but …

Arrested for Shoplifting in Nevada? 5 Key Things to Know

Posted on July 1, 2020 | Category: Shoplifting

Each year, stores lose millions of dollars in revenue due to shoplifting. This loss is passed on to the consumer in the form of higher prices at the register. To mitigate their losses, Nevada businesses are on high alert for shoplifting and employ all kinds of anti-theft tactics. Law enforcement takes this crime very seriously. The …

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