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Questions Answered by Malcolm P. LaVergne
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
Malcolm P. LaVergne 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... Read 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
Malcolm P. LaVergne 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 misdemeanor... Read 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
Malcolm P. LaVergne 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
Malcolm P. LaVergne 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 after 2 years from the date... Read 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
Malcolm P. LaVergne 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
Malcolm P. LaVergne 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.... Read 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
Malcolm P. LaVergne 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 faces... Read 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
Malcolm P. LaVergne 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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