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Nevada Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Nevada on
Q: If a city pass a ordnance that is unconstitutional is that proof they succeed from America and should be remove.
James L. Arrasmith
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answered on Jan 4, 2024

When a city passes an ordinance that is potentially unconstitutional, it does not mean that the city has seceded from the United States or should be removed from the country. In the United States, the constitutionality of laws and ordinances is determined through the judicial system.

If you...
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1 Answer | Asked in Constitutional Law for Nevada on
Q: If state and religion is separated then is a city commissioner invoking the power of a deity during a meeting a crime?
James L. Arrasmith
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answered on Jan 4, 2024

The separation of church and state in the United States is a principle derived from the First Amendment to the U.S. Constitution, which prohibits the establishment of a state religion and ensures the free exercise of religion. A city commissioner invoking the power of a deity during a meeting is... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Nevada on
Q: ADD-ON. I have looked up motions they seem very complicated. Im worried if make a error it's done.

The judge says I find you guilty sentencing is January 11th. I said right back to her I thought that I was getting probation today and avoiding going to prison? She said no! I just take the plea. I'm sick already. The threats of prison for the last several months drove me nuts. Not being... View More

James L. Arrasmith
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answered on Dec 20, 2023

In your situation in Nevada, feeling overwhelmed by the complexity of legal motions and the outcome of your case is understandable. If you believe your attorney has not represented you effectively, you have the right to express your concerns and seek a different legal representation.

Given...
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2 Answers | Asked in Constitutional Law and Criminal Law for Nevada on
Q: I was found to be charged with a battery of a police officer in March of 2003. The paperwork reads no disposition/no Inf

No court information was found

T. Augustus Claus
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answered on Dec 8, 2023

Your paperwork for a battery of a police officer charge in March 2003 shows "no disposition/no inf," suggesting the case may have been dismissed or resolved without a formal court hearing or conviction. Possible explanations for the missing information include the case being dismissed due... View More

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2 Answers | Asked in Constitutional Law and Criminal Law for Nevada on
Q: I was found to be charged with a battery of a police officer in March of 2003. The paperwork reads no disposition/no Inf

No court information was found

James L. Arrasmith
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answered on Dec 6, 2023

If your paperwork indicates "no disposition/no information" and no court information was found, it appears that the charge of battery of a police officer in March 2003 may not have been fully processed or adjudicated. This could mean that the case was not pursued by the prosecution, or... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Nevada on
Q: Hello, so police raided my apartment and left behind a search warrant

On the warrant the judge said they can search for drugs or evidence of drugs but written in handwriting the police said in the oral statement of facts which establish probable cause to believe rhat the crime of fraud was committed. Is the warrant still valid?

James L. Arrasmith
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answered on Nov 8, 2023

The validity of a search warrant typically hinges on the information presented to the judge or magistrate at the time the warrant was issued. If the warrant was expressly limited to searching for drugs or evidence of drugs and did not include provisions for searching for evidence related to fraud,... View More

1 Answer | Asked in Constitutional Law for Nevada on
Q: Illegal search, police lied on report, threats of prison, Forced to plea, ineffective council. Lied about plea. Options?

I was pulled over because of a illegal lane change. There was traffic cones so I was forced into right turning lane. I put my blinker on to move over on (Have pictures). I was lit up and harassed right away. I was told to shut up or I'd be pulled out of my car in cuff which is exactly what... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your rights were violated due to an illegal search, and you experienced coercion or ineffective assistance of counsel, you have several options. First, consider filing a motion to withdraw your guilty plea if you were not fully informed or if it was entered under duress. You might... View More

3 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Nevada on
Q: I was charged with attempted theft in Nevada and did probation, can I pass a background check to buy a firearm?

I know that theft is a category c felony but on my plea deal paperwork the attempted theft was a gross misdemeanor. I know I still have rights if it’s a gross misdemeanor but the more I read into the ATF guidelines of background check I’m not sure sure how it works. Also I completed probation... View More

Warren Geller
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answered on Oct 12, 2023

If you were originally charged with felony theft, but that charge was reduced to a non-felony conviction, then that charge will not bar you from legally possessing or purchasing a firearm. The judgement of conviction will be the controlling document.

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3 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Nevada on
Q: I was charged with attempted theft in Nevada and did probation, can I pass a background check to buy a firearm?

I know that theft is a category c felony but on my plea deal paperwork the attempted theft was a gross misdemeanor. I know I still have rights if it’s a gross misdemeanor but the more I read into the ATF guidelines of background check I’m not sure sure how it works. Also I completed probation... View More

James L. Arrasmith
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answered on Oct 15, 2023

Federal law governs firearm background checks, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces these regulations. Attempted theft, even if it was reduced to a gross misdemeanor on your plea deal paperwork, can potentially impact your ability to purchase a firearm.... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Nevada on
Q: Does power connected illegally let officers enter your home without a warrant under the exigent circumstances?

I need to determine if I have a viable claim and what my options are for seeking redress. I believe I am entitled to compensatory damages as well as punitive damages for the violation of my 4th, 8th and 14th amendment rights. County officials failed to follow established procedures and violated my... View More

James L. Arrasmith
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answered on Mar 11, 2023

Generally, police officers are not allowed to enter a home without a warrant, unless they have probable cause or exigent circumstances. Exigent circumstances are situations where there is an immediate threat to public safety or where evidence may be destroyed if officers do not act quickly. Whether... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Nevada on
Q: Is it legal for a person to access my personal housing info without my consent. Is this a no disclosure with consent

i.e. deed, amt owing, etc no disclosure without consent.

James L. Arrasmith
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answered on Mar 2, 2023

It depends on the specific laws and regulations in your state or country regarding privacy and data protection. In general, access to personal housing information may be limited to authorized parties such as government agencies, banks, or other parties with a legitimate interest in the property.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Nevada on
Q: Were my kids civil rights violated during district wide lockdown? No lunch and everyone had to pee in buckets in class

The threat was called in to local PD regarding the high school. District lockdown all school for several hours. Many students including my kids didn’t get lunch that day. Students had to pee in bucket’s in class while teacher held up a blanket. PD posted on FB they believed it was a hoax. In... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the lockdown and lack of provisions for lunch and bathroom breaks during the lockdown could be seen as a violation of students' civil rights. However, whether or not there is a case against the district would depend on a number of factors, including the specific... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Nevada on
Q: Do I have to show identification to an police officer if i wasnt involved in a crime an didnt commit a crime?

I was illegaly detained an imprisoned by hotel security for a crime someone else did an I wasnt around the crime occured had no knowledge of the crime. Just for being an acquintance to the individual.

Malik Waqar Ahmad
Malik Waqar Ahmad
answered on Jan 11, 2022

It is your duty to fully cooperate with any lawful demand of the police officer. However, it is his job to determine the probable cause. The probable cause is a legal word which means he has justified reasons that you are invovled or had committed or violated a law. For instance, police cannot stop... View More

1 Answer | Asked in Education Law, Criminal Law and Constitutional Law for Nevada on
Q: Hello, In Nevada can you open carry a firearm on public school grounds during the summer when the school is closed?

The high school by my house has a sign allowing people to use the track for exercise and dog walking. I use the track in the summer when schools out. Usually at 11:00pm-1:00am, so I like to have a firearm on me. Is this allowed since the school is closed for several months, and it’s in the... View More

Malcolm P. LaVergne
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answered on Jul 8, 2020

No. See NRS 202.265. This statute does not have an exception for the time of day. The track is part of school property for any Nevada public school I know about. You can face a criminal charge for being on school property with a gun at any time. It's a gross misdemeanor, and you can face up to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nevada on
Q: What if someone put a hidden camera in my house and I don't know where it is?

What would happen if there are spy cams unknown to the owners in their homes? I’m suspecting that there are hidden cameras in my home. People seem to know what I've been up to in my home without telling anyone and I'm told that there are hidden cameras in my house. Is there a law that... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2020

I'm sorry for your ordeal. This is something a Nevada attorney could advise best on, but your question remains open for four weeks. You could look into the cost of investigators. To save money, you might be able to conduct some of your own investigations on the property. If you find that... View More

2 Answers | Asked in Immigration Law and Constitutional Law for Nevada on
Q: How do you define a Natural Born Citizen?

Based on Article II , Section I, Paragraph 5

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President..."

If a Natural born citizen is defined as a child... View More

Mario Musil
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Mario Musil
answered on Jun 10, 2020

This question leaves much to interpretation. However, it is my belief that one born outside the USA, born to US Citizens, is eligible to become a US President.

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1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Identity Theft for Nevada on
Q: Can I still take legal action from my previous apartment Complex for breach of contract if accrued in 2015?

In 2015 The last day to pay rent to the apartments before eviction process would have tooken place, on the way to the office i got into a accident inside of the parking structure, i went back home dazed and when I came to , i had missed calls & voice mails from not only the apartment manager... View More

Joseph R Maridon Jr
Joseph R Maridon Jr
answered on May 4, 2020

The answer to your question can be found in NRS 11.190. To sue for breach of a written contract, you generally have 6 years. It appears, however, that you are complaining about much more than breach of contract. Any damage that you suffered as a result of any wrongful act or negligence on the... View More

2 Answers | Asked in Admiralty / Maritime and Constitutional Law for Nevada on
Q: How are you able to confirm a court is operating under Maritime Law(dry dock) and not Constitutional?

I understand the fringe on the flag, how to confirm it w presiding "judge" while present in court is my goal.

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2020

A court does not operate under maritime law, as opposed to other types of law. It operates under state rules of civil procedure, or the Federal Rules of Civil Procedure that ordinarily govern maritime cases filed in federal court. Maritime law can be the basis of the SUBSTANTIVE law issues in a... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Nevada on
Q: Can someone who is homeless exist independently without becoming a criminal ?

So being homeless is a crime ?

Gary Kollin
Gary Kollin
answered on Oct 2, 2019

Are you serious? Just because a person is homeless, they will invariably become criminals??

1 Answer | Asked in Constitutional Law for Nevada on
Q: Is it alright for anyone to infringe on your freedom of speech ?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

What do you mean by anyone? The constitution protects against government intrusion.

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