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Nevada Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Nevada on
Q: Facing felony arraignment in Elko County, NV with challenges in hiring a lawyer and considering plea bargain. Is a continuance advisable?

I am facing a felony arraignment in Elko County, Nevada, and am finding it difficult to hire a lawyer and prepare my defense because local public defenders have not returned my calls. Living out of state makes it hard to travel and find attorneys in this small county. Since the arraignment is... View More

0 Answers | Asked in Criminal Law and Civil Rights for Nevada on
Q: Legality of search and paraphernalia discovery after tinted window stop and vehicle consent search.

I was a passenger in a vehicle pulled over for tinted windows. The officer searched the vehicle and my personal belongings without my consent, citing that the vehicle was seen leaving a drug-affiliated house. Although the driver consented to the vehicle search, I did not consent to a personal... View More

0 Answers | Asked in Criminal Law and Civil Rights for Nevada on
Q: Was the search and discovery of paraphernalia legal during traffic stop?

I was a passenger in a vehicle that was pulled over for tinted windows. The officer then searched the vehicle and my personal belongings, including my purse, and found paraphernalia. The officer's stated reason for searching was because we were seen leaving a drug-affiliated house. The driver... View More

0 Answers | Asked in Car Accidents, Criminal Law, Traffic Tickets and Personal Injury for Nevada on
Q: What reduction in charges can I seek for my ill mom's minor accident in Las Vegas?

My 85-year-old mom, while driving in Las Vegas, caused a minor accident with an unregistered and uninsured vehicle. She was extremely ill at the time, later diagnosed with severe illnesses and hospitalized shortly after. She has been driving since 1986 without any previous offenses. Recently,... View More

0 Answers | Asked in Criminal Law for Nevada on
Q: Facing robbery charges due to past convictions, can timeline witnesses help?

I was arrested along with my wife because we supposedly matched the description of individuals involved in a robbery. My wife’s charges were dismissed, but I am being charged with robbery with a deadly weapon. They found a BB gun in a bag that wasn't on me, and because of my past robbery... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Nevada on
Q: What to do if my daughter, a minor, is charged with shoplifting and I'm asked to pay?

My 16-year-old daughter was caught shoplifting at a store with merchandise totaling $70. The store retrieved the merchandise, but their lawyer sent us a letter demanding $168. The police were involved, and now there's a court date scheduled in a couple of months because the store pressed... View More

0 Answers | Asked in Gaming and Criminal Law for Nevada on
Q: Will a casino trespass warning appear on my record?

I was involved in a fight at a casino and was trespassed from the property, with my ID and picture taken. I was informed that I would be arrested if I returned, but no written documentation was given, and no arrests or charges were filed. I have no past incidents at the casino. Will this trespass... View More

0 Answers | Asked in Criminal Law and Juvenile Law for Nevada on
Q: Charged with contributing to the delinquency of a minor at a lake in Nevada.

I was charged with contributing to the delinquency of a minor while at the lake with friends who were 19 and 20 years old. I did not provide alcohol, and the police officer instructed me to collect money from everyone to pay a ticket online, which I did. I received paperwork regarding the charge.... View More

0 Answers | Asked in Child Custody, Civil Litigation and Criminal Law for Nevada on
Q: Can I file for emergency custody due to safety concerns with mother's new spouse's criminal activities?

I am the father of a 5-year-old daughter involved in an ongoing custody case. We currently have a 50/50 custody schedule based on a verbal agreement. Our first court hearing is scheduled for 3/25/25. My daughter's mother is married to a convicted felon with charges related to cocaine... View More

0 Answers | Asked in Criminal Law for Nevada on
Q: Can two people be charged for drawing a weapon if no weapon was found in the car?

I would like to know if two people can be charged for the same offense of drawing a deadly weapon in a threatening manner while they were in the same car. There was no weapon in the car, but a weapon was later found at a house, and kids claimed that the two individuals in the car had a gun. What... View More

1 Answer | Asked in Civil Rights and Criminal Law for Nevada on
Q: Probable cause for parolee searches in Nevada?

I am a parolee in Nevada, in good standing and with no arrest warrant. I have had my home and property searched multiple times by my parole officer. The first search was based on a tip from local law enforcement, where an unnamed individual alleged that I was involved in criminal activity. This... View More

James L. Arrasmith
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answered on Mar 27, 2025

As a parolee in Nevada, you have significantly limited Fourth Amendment protections compared to ordinary citizens. Nevada law typically allows parole officers to conduct searches of your home and property with less stringent requirements than the "probable cause" standard that applies to... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: How can I clear a wrongful 2013 domestic violence conviction in NV?

I was convicted of a domestic violence charge in 2013 that I did not commit. There were no witnesses, statements, or evidence against me; my mother, who was drinking at the time, called the police. I accepted the charge to get out of jail and have since avoided visiting my mother to prevent further... View More

Jennifer Setters
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answered on Mar 4, 2025

Clearing or removing a prior conviction—especially a domestic violence conviction—in Nevada generally involves a formal legal process such as expungement, record sealing, or seeking a pardon. Nevada law does allow for sealing certain criminal records after meeting specific conditions, which... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Nevada on
Q: Concerned about police claiming found wallet, considering representation?

I was served with a Temporary Protective Order (TPO) for emotional abuse by my ex-fiancé and have complied with it without any issues. Recently, the police contacted me, claiming to have found my wallet, which is actually in my possession. When I informed them of this, they insisted they had my... View More

Jennifer Setters
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answered on Feb 24, 2025

Given your situation, consulting with a licensed attorney is highly recommended. Here’s why:

1. Potential Legal Risks

The fact that the police are claiming to have your wallet and bank cards—when you have them—raises concerns. This could be a mistaken identity issue, an...
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1 Answer | Asked in Contracts, Criminal Law and Collections for Nevada on
Q: I've a summons from Vegas court regarding a credit card collection .. response due in 3 weeks or judgement ..

in the paperwork it says that the original amount was charged off by the bank and the action is by "predecessor in interest"

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2025

A debt being charged off does not prevent collection.

It appears from what you stated, the original creditor sold the debt.

Note, the purchaser must still prove the debt and you have all rights you would have against the original creditor.

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Nevada on
Q: can the cops force your fingers onto a biometric safe to see if it opens ?

they were searching a house for a gun that was allegedly pointed at someone and unfortunately I am a convicted felon who was accused of just simply pointing a gun at 2 guys that had forced open the garage door on the house I was staying at. So they arrested me and we sat and waited like 3-4 hours... View More

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're going through this. Generally, police need a valid search warrant to search your property, and they must follow proper procedures. Forcing you to use your fingers on a biometric safe can raise legal issues, especially if it was done without your consent or without proper... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Nevada on
Q: What can the defendant do in this instance, if she feels her rights were violated in due process of 4th and 14th amend.?

Mother that had a CPS closed case in the past. Giving birth One month early before her baby's due date so so naturally she was tested and both her and baby came up negative baby had to stand in Nick unit for feet problems. CPS NEA worker came to assess if there was any immediate or imminent... View More

Jennifer Setters
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answered on Jan 7, 2025

1. Due Process Concerns:

4th Amendment: The removal of a child without clear evidence of imminent danger may constitute an unreasonable seizure. If CPS lacked just cause or failed to provide evidence to support their actions, the removal could be challenged.

14th Amendment: Parental...
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1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Nevada on
Q: Lawfully and Legally ok to give the Judge a plea the defendant neither verbally or physically agreed too.

I, took it upon myself to take legal information, and concerns they had about their case possibly having constitutional violations concerns. That the defendants lawyer never answered about, and went from a being forced to take the DAs plea deal as long as the defendant pleas guilty to the... View More

Jennifer Setters
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answered on Jan 7, 2025

1. Forced Plea Without Consent

A plea must be:

Voluntary: The defendant must enter the plea without coercion or undue pressure.

Knowing and Intelligent: The defendant must fully understand the consequences of the plea, including waiving constitutional rights (e.g., the right...
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1 Answer | Asked in Criminal Law and Intellectual Property for Nevada on
Q: 21 O.S. 1953, 21 O.S. 1541.1, and 21 O.S. 2001(A) - these charges has been filed against me. I took a job from Indeed

I took a job from Indeed. And I got scammed. I got proof that all of this was told by them for me to do step by step. Who can help me out this.

James L. Arrasmith
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answered on Dec 21, 2024

I'm really sorry you're going through this. Start by contacting a qualified attorney who can help you understand the specific charges and advise you on the best steps to take. They can assist in building a defense based on the evidence you have about the scam.

Make sure to gather...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Nevada on
Q: Has CPS violated my constitutional 4th and 14th amendment rights when they did this to me? Can I get dismissed?

In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of... View More

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry you're going through this difficult situation. The Fourth Amendment protects against unreasonable searches and seizures, while the Fourteenth ensures due process. If you believe CPS acted unlawfully, it’s important to gather all your documentation and evidence related to your... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Tax Law for Nevada on
Q: If the power attorney doesn't have your best interest in hand Also just spending the agents money on whatever he wants.

What kind of legal steps can the agent take for abuse , theft imprisonment in the home

Anthony M. Avery
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answered on Nov 30, 2024

The Principal needs to revoke the POA with notice to any banks involved, etc. Sometimes you record the revocation in the county where property lies. Principal should hire an attorney to sue the former attorney-in-fact/agent for breach of fiduciary duties, conversion, etc.

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