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Questions Answered by Malcolm P. LaVergne
1 Answer | Asked in Criminal Law for Nevada on
Q: Warrent from hawaii. Don't pick him up in 30 days will he get out.. can he bail himself out for current charges here?
Malcolm P. LaVergne
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answered on Sep 2, 2020

Yes, in state court he can apply for bail during extradition proceedings, but it's still in the judge's discretion to grant bail pending the formal extradition. I've done this successfully for clients before.

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 Criminal Law for Nevada on
Q: How does the statute of limitations work on a petit larceny charge in Nevada?

On Feb 18, 2015 I was stopped at Kohl's for allegedly shoplifting a purse worth about $50. I never heard anything more about it after that day until now. Apparently they filed a criminal complaint in my maiden name on March 30, 2015. I am supposed to go in to jail to be booked and my OR is... View More

Malcolm P. LaVergne
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answered on Jun 25, 2020

The charges were filed within one year of the alleged act, so the statute of limitations has been met. So you are not passed the statute of limitations. If they issued a warrant for your arrest at that time or when you failed to show up, the warrant just remains outstanding until you respond.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Nevada on
Q: The statutes say you can only file a plea to withdraw if you haven't been sentenced yet except if it's basically unjust.

I have the plea ready but I didnt include anything about that but in its self its unjust.I really need for my plea to be granted.I need help.

Malcolm P. LaVergne
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answered on May 31, 2020

Feel free to contact me at 702.448.7981. Plea agreements can be difficult to withdraw, but not impossible. There are multiple reasons for it to be set aside, even after a judgment is entered in some cases. Malcolm.

1 Answer | Asked in Criminal Law for Nevada on
Q: My truck is up for forfeiture, how can I get it back?

I was arrested in an underage prostitution sting, they towed the truck I drove to the meeting away and will not release it back to me. They have told me they are looking at forfeiture, is there anything I can do?

Malcolm P. LaVergne
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answered on Apr 21, 2020

It's complicated because it can be both a civil and criminal matter. There are recent Supreme Court cases on this issue. You need to retain a lawyer immediately to figure this out, or you will lose the truck by default.

1 Answer | Asked in Criminal Law for Nevada on
Q: Can a parole officer violate you for not having an address
Malcolm P. LaVergne
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answered on Mar 6, 2020

Yes. Of course. It's very basic that you must maintain an address (and register) while you are on parole. Your probation officer must be able to get in touch with you.

1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Firearms ownership. Would I be a prohibited person with a misdemeanor conviction (non DV)?

Hello, I was arrested for Assault/ Deadly Weapon, which was amended to Misdemeanor Disorderly Conduct, in 2010. It is non DV related. The conviction carries a possible maximum sentence of 6 months. Would I be banned from firearm ownership due to the initial charge of ADW, even though it was amended... View More

Malcolm P. LaVergne
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answered on Mar 3, 2020

This type of conviction is not an automatic bar to prohibiting you from possessing firearms, but you should get a Nevada attorney to seal your prior criminal record. And always fully disclose if you are asked about prior arrests/convictions of certain types when you apply for a firearm permit or... View More

1 Answer | Asked in Criminal Law for Nevada on
Q: I have a friend who is in prison. He has charges in AK. Can he some how run them concurrently?
Malcolm P. LaVergne
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answered on Feb 13, 2020

Possibly, but he better get an AK lawyer right away to see if the case in AK can be resolved and start running concurrently.

1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Hello my mom was arrested here in 2020 for check fraud in 2009. Is there a statue of limitations on that

She has gone to court twice since then for traffic tickets and no told her anything of the sort

Malcolm P. LaVergne
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answered on Jan 21, 2020

If formal charges were filed in 2009, then no. The warrant stays forever, most of the time. I've had people with warrants out for seven or eight years. They left the state, and then they apply for a special job or a professional license, so it finally comes up. So the charge has to be dealt... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: My boyfriend went to jail for a dom battery 1st,is he looking at alot of jail time for this?

He has a court date for thursday, possible he will get out that day?

Malcolm P. LaVergne
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answered on Jan 15, 2020

Yes (with restrictions), or you can bail him out before that date, unless specifically denied by a judge. He's facing 180 day in jail, but most likely probation.

1 Answer | Asked in Criminal Law for Nevada on
Q: What to do when your public defender wants you to plead guilty to a charge

My public defender asked if i wanted to take a plead deal where i would be on probation for two years and take classes i told her no what can i do to prove im innocent i can't afford a real lawyer

Malcolm P. LaVergne
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answered on Dec 23, 2019

You must plead not guilty, set your case for trial, and have your case tried by a jury/judge. Once you're acquitted, you will be vindicated. There are risks, however, and you could face a longer period of jail or probation if you are convicted at trial. You don't have many more options,... View More

2 Answers | Asked in Criminal Law for Nevada on
Q: I live in Nevada but have a felony warrant in tennessee, will tennessee come get me in nevada
Malcolm P. LaVergne
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answered on May 23, 2019

Tennessee can use extradition to get you in Nevada. Under the extradition law in the U.S. Constitution and subsequent statutes, any state can hold a person who has a valid arrest warrant issued in another state. The issuing state (Tennessee) would then have 30 days to come get you. There is more... View More

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1 Answer | Asked in Criminal Law for Nevada on
Q: How can a municipal court in Nevada take away your right to a jury trial when charged with a misdemeanor?
Malcolm P. LaVergne
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answered on Apr 15, 2019

It's complicated, but basically you don't have a right to a jury trial on misdemeanor cases where the prosecutor is not seeking more than 180 days in jail. The Supreme Court of Nevada has ruled on this issue, to the dismay of criminal defense attorneys. If you are facing more than one... View More

1 Answer | Asked in Domestic Violence for Nevada on
Q: Parent request of power of attorney of an adult child due to incapacity; by drug abuse and abusive circumstances.
Malcolm P. LaVergne
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answered on Jan 28, 2019

Sounds like a guardianship question. Very high burden to obtain a guardianship over an adult. Incapacity is more than being a drug addict and general abuser.

1 Answer | Asked in Criminal Law for Nevada on
Q: can a person who was convicted of a felony class ( e ) in 1978 get his record cleaned.
Malcolm P. LaVergne
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answered on Dec 29, 2018

Not sure about "cleaned," but technically you can have your record "sealed" in Nevada for a Category E felony after two years from the date of your release from custody or release from parole/probation whichever occurs later. See NRS 179.245(1)(c). "A category E felony... View More

1 Answer | Asked in Personal Injury for Nevada on
Q: My lawyer in Nevada will not answer questions I have regading my case. He filed a claim over a year ago with the court.

After many calls to his office over several months he called me from his car and told ne that the wheels of justice move slowly. Should I get a new lawyer?

Malcolm P. LaVergne
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answered on Apr 23, 2015

You haven't said anything that makes me believe your lawyer is doing anything that is not competent, and he is right that lawsuits move very slowly and can take two years to get to trial at best, and maybe three or four years. Malcolm.

1 Answer | Asked in DUI / DWI for Nevada on
Q: In Nevada, can I be forced to take a Breathalyzer if I request to talk with an attorney first?

In Nevada, can I be forced to take a Breathalyzer if I request to talk with an attorney first? Especially with the Implied consent law being ruled unconstitutional?

Malcolm P. LaVergne
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answered on Apr 23, 2015

You cannot be forced to take a breathalyzer until the officer gets a court order to either force you to take a breathalyzer or have your blood drawn. You always have the right to remain silent until you speak to a lawyer, but the police office can get a court order before your lawyer arrives.... View More

1 Answer | Asked in DUI / DWI for Nevada on
Q: if you are on life time supervision and get a DUI what is the penitly
Malcolm P. LaVergne
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answered on Apr 23, 2015

I'd like to know more facts, but if you are on lifetime supervision for a sex-related offense and get a DUI, it could be a violation of your probation or parole. If your formal probation and parole have ended, then you probably will only face the same potential penalties that everyone else... View More

1 Answer | Asked in DUI / DWI for Nevada on
Q: i need to get a pardon from dmv to re obtain my cdl is there on in northeast nevada tha can guide me on how to do this

need free consutaion if any one can help with this

Malcolm P. LaVergne
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answered on Apr 23, 2015

Your best solution is probably to try and get your records sealed two years after the conclusion of your case. Malcolm.

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