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Nevada Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Nevada on
Q: Is a parking infraction a civil violation that will allow police to detain and ID?

Police approached my vehicle which was parked on the side of the road. They indicated they got a suspicious vehicle call. They attempted to ID me which I refused because they couldn't articulate a crime. I was detained for approximately 15 minutes and was told I had to ID because my vehicle... View More

James L. Arrasmith
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answered on Jan 18, 2024

In many jurisdictions, including some areas of the United States, police officers have the authority to detain individuals temporarily for identification purposes if there is reasonable suspicion of a violation, including certain traffic or parking infractions. While a parking violation like... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights, Juvenile Law and Family Law for Nevada on
Q: I am 17 years old, and wondering if I can move in with my adult sibling? w/o parents consent IN LAS VEGAS NEVADA

I moved a year ago to live with my nana and ran away from my dad but now I see where he was abusive from and now I want to get away from my grandmother and move in with a family member (my sibling) who is 22. I can show I am responsible, I have a job and can pay rent and I have been for a year now.... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on Nevada law, a 17-year-old minor likely requires parental consent to move out and live with an adult sibling. Some key details:

• In Nevada, the age of majority is 18 years old. So right now at 17, you would still be considered a minor.

• Minors generally need consent of...
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2 Answers | Asked in Criminal Law and Civil Rights for Nevada on
Q: Can a prosecutor, who refuses to lift an unnecessary no contact order, have that inmates mail diverted to her?

My Fiancé suffered a manic mental health episode, in which i suffered unintentional injury, and he had been incarcerated since that day April 6, 2023. The prosecutor refuses to lift an unnecessary no contact order, further messing with his mental health. And is charging him with felony battery and... View More

James L. Arrasmith
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answered on Jan 15, 2024

In this situation, where a prosecutor has ordered the diversion of an inmate's mail to her office, it raises significant legal and ethical concerns.

Firstly, it's important to assess the legality of this action. Generally, a prosecutor does not have the authority to unilaterally...
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2 Answers | Asked in Criminal Law and Civil Rights for Nevada on
Q: Can a prosecutor, who refuses to lift an unnecessary no contact order, have that inmates mail diverted to her?

My Fiancé suffered a manic mental health episode, in which i suffered unintentional injury, and he had been incarcerated since that day April 6, 2023. The prosecutor refuses to lift an unnecessary no contact order, further messing with his mental health. And is charging him with felony battery and... View More

T. Augustus Claus
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answered on Jan 17, 2024

In general, a prosecutor typically does not have the authority to order the diversion of an inmate's mail. The handling of an inmate's mail is usually regulated by the correctional facility where the inmate is housed. If there are concerns about the handling of mail or any other issues... View More

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1 Answer | Asked in Civil Rights and Consumer Law for Nevada on
Q: Female attendant at Dotty's harass me while I was using the toilet after 45 seconds opening the door saying time up.

After 45 seconds on the toilet the female attendant told me that I had been in there too long and continuously asked me when will you be out of here and insisted that I hurry up and finish , this continued for about 2 minutes as I attempted to relieve myself.

After I exit the restroom she... View More

James L. Arrasmith
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answered on Dec 25, 2023

Your experience at Dotty's sounds distressing and uncomfortable. It's important to know that customers have a reasonable expectation of privacy and respect, especially in situations like using a restroom. The behavior of the attendant, as described, seems inappropriate and potentially a... View More

1 Answer | Asked in Small Claims and Civil Rights for Nevada on
Q: Should I get a lawyer if the employees of the Henderson jail did not follow proper procedure & almost died no medical.

All I can say that there is a lot more that happened. So please point me in the right direction of someone who has a moment to hear it. Thank you C

T. Augustus Claus
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answered on Dec 21, 2023

If the employees of the Henderson jail neglected proper procedures, resulting in a near-death incident without proper medical attention, it's vital to consult with an attorney specializing in civil rights or personal injury. Potential legal violations might include neglect, violation of the... View More

1 Answer | Asked in Civil Rights for Nevada on
Q: Can I do something for being falsely arrested with no explanations ?and being racial profiled?
T. Augustus Claus
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answered on Nov 14, 2023

File a complaint with the police department: This is the first step you should take. The complaint will be reviewed by an internal affairs investigator, who will determine if the officers violated any department policies. If the investigator finds that the officers did violate any policies, they... View More

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

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 Criminal Law, Civil Rights and Education Law for Nevada on
Q: Failure to protect against bullying.

My daughter was suspended pending expulsion after repeated complaints of bullying & the group of 10 kids finally attacked her & caused bodily harm.

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, schools are expected to ensure a safe environment for students and address bullying issues. They must have clear rules against bullying and set up teams to handle such situations. Although the law doesn't directly say schools can be held responsible for bullying incidents, there... View More

2 Answers | Asked in Military Law, Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Nevada on
Q: is it legal to carry a real katana on your waist in nevada ?

and is it illegal to draw your katana while not in self defense situations?

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, there isn't a specific law prohibiting the open carry of bladed weapons like katanas. That said, local ordinances or rules might have more specific regulations, so you'd want to check the regulations in your specific area within Nevada. Additionally, drawing or brandishing a... View More

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2 Answers | Asked in Military Law, Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Nevada on
Q: is it legal to carry a real katana on your waist in nevada ?

and is it illegal to draw your katana while not in self defense situations?

James L. Arrasmith
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answered on Sep 11, 2023

In Nevada, it is generally legal to openly carry bladed weapons, including katanas, but using it in a manner perceived as threatening or dangerous could potentially lead to criminal charges such as assault or brandishing a weapon. Regarding drawing your katana in non-self-defense situations, doing... 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 Contracts and Civil Rights for Nevada on
Q: Rental car owner claims 100% of our deposit due to a "no dirt road" rule even though we did return car in best condition

Hi there,

We've rented a campervan in Las Vegas for 23 days and the owner has ruled in his contract that we are not allowed to drive on dirt roads with exception 1/4mile to/from campgrounds.

Otherwise he will claim 100% of the 1k deposit.

We have returned the car safe... View More

John Michael Frick
John Michael Frick
answered on Aug 31, 2023

There is no law which prohibits the parties from agreeing to such a term in a rental agreement.

1 Answer | Asked in Contracts, Civil Rights and Government Contracts for Nevada on
Q: Aiding And Abetting The Enemy is defined in The United States Constitution, isn’t it? Where may I find it?

I would like to read the article of The United States Constitution which defines Treason and how it is punishable.

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

You could find it in Article III, Section 3. " ...adhering to their Enemies, giving them Aid and Comfort." Good luck

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

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Nevada on
Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident

I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

Where to file depends a few factors.

- If you already have an open case then file where you have the open case.

- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once...
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