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... Read more »
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....Read more »
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.
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?
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.
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... Read more »
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...Read more »
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...Read more »
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,...Read more »
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 »
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...Read more »
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...Read more »
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.
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 »
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...Read more »
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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