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Nevada Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Nevada on
Q: What is NRS 453.011
James L. Arrasmith
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answered on Jun 2, 2024

NRS 453.011 is part of the Nevada Revised Statutes, specifically dealing with the regulation of controlled substances. It provides definitions for terms used within the chapter on controlled substances. This section is foundational, setting the stage for understanding the broader laws related to... View More

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1 Answer | Asked in Constitutional Law for Nevada on
Q: If you keep being dumped on your parole hearing, is that a constitutional rights violation

The reason is the nature of the crime

James L. Arrasmith
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answered on May 1, 2024

If you find yourself repeatedly denied parole based primarily on the nature of your crime, it's understandable to question whether this treatment is fair or legal. Generally, the denial of parole does not by itself constitute a violation of constitutional rights. Parole boards have broad... View More

1 Answer | Asked in Constitutional Law for Nevada on
Q: If a city pass a ordnance that is unconstitutional is that proof they succeed from America and should be remove.
James L. Arrasmith
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answered on Jan 4, 2024

When a city passes an ordinance that is potentially unconstitutional, it does not mean that the city has seceded from the United States or should be removed from the country. In the United States, the constitutionality of laws and ordinances is determined through the judicial system.

If you...
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1 Answer | Asked in Constitutional Law for Nevada on
Q: If state and religion is separated then is a city commissioner invoking the power of a deity during a meeting a crime?
James L. Arrasmith
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answered on Jan 4, 2024

The separation of church and state in the United States is a principle derived from the First Amendment to the U.S. Constitution, which prohibits the establishment of a state religion and ensures the free exercise of religion. A city commissioner invoking the power of a deity during a meeting is... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Nevada on
Q: ADD-ON. I have looked up motions they seem very complicated. Im worried if make a error it's done.

The judge says I find you guilty sentencing is January 11th. I said right back to her I thought that I was getting probation today and avoiding going to prison? She said no! I just take the plea. I'm sick already. The threats of prison for the last several months drove me nuts. Not being... View More

James L. Arrasmith
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answered on Dec 20, 2023

In your situation in Nevada, feeling overwhelmed by the complexity of legal motions and the outcome of your case is understandable. If you believe your attorney has not represented you effectively, you have the right to express your concerns and seek a different legal representation.

Given...
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2 Answers | Asked in Constitutional Law and Criminal Law for Nevada on
Q: I was found to be charged with a battery of a police officer in March of 2003. The paperwork reads no disposition/no Inf

No court information was found

James L. Arrasmith
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answered on Dec 6, 2023

If your paperwork indicates "no disposition/no information" and no court information was found, it appears that the charge of battery of a police officer in March 2003 may not have been fully processed or adjudicated. This could mean that the case was not pursued by the prosecution, or... View More

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2 Answers | Asked in Constitutional Law and Criminal Law for Nevada on
Q: I was found to be charged with a battery of a police officer in March of 2003. The paperwork reads no disposition/no Inf

No court information was found

T. Augustus Claus
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answered on Dec 8, 2023

Your paperwork for a battery of a police officer charge in March 2003 shows "no disposition/no inf," suggesting the case may have been dismissed or resolved without a formal court hearing or conviction. Possible explanations for the missing information include the case being dismissed due... View More

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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 Civil Rights, Constitutional Law, Family Law and Child Custody for Nevada on
Q: Has my constitutional rights and 4th and 14th amendment been violated? Can I get this dismissed/closed?

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. Your constitutional rights under the 4th and 14th Amendments protect you from unreasonable searches and ensure due process. If you believe these rights have been violated, it's important to document all interactions with CPS... View More

1 Answer | 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

James L. Arrasmith
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answered on Dec 21, 2024

You have several options to address your concerns about your rights being violated. First, consult with a family law attorney who can help you understand the specifics of your case and guide you through the legal process. They can assist in filing motions to challenge the continued custody of your... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Nevada on
Q: Do they have to show you the warrant upon entry

A warrant was currently issued at the place I currently reside. I asked to see the warrant and they would not show it to me

Jennifer Setters
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answered on Aug 12, 2024

In Nevada, law enforcement officers are generally required to show you a warrant if you request to see it when they are executing a search or arrest warrant at your residence. However, there are exceptions, such as when doing so could compromise the search or if there are safety concerns. If they... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Nevada on
Q: Is it possible to sue a president for criminal neglect
James L. Arrasmith
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answered on May 1, 2024

It's important to understand the legal context when considering whether you can sue a president for criminal neglect. In many countries, a sitting president often enjoys immunity from criminal prosecution while in office. This means they cannot typically be sued or prosecuted for actions taken... View More

1 Answer | Asked in Constitutional Law for Nevada on
Q: If you keep being dumped at your parole hearing and the reason is the nature of the crime, is that violating your rights
James L. Arrasmith
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answered on May 1, 2024

When repeatedly being denied parole primarily due to the nature of the crime, it's understandable to feel frustrated and question the fairness of the process. However, parole boards often consider the severity and circumstances of the original offense as central factors in their decisions.... 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

1 Answer | Asked in Constitutional Law for Nevada on
Q: Illegal search, police lied on report, threats of prison, Forced to plea, ineffective council. Lied about plea. Options?

I was pulled over because of a illegal lane change. There was traffic cones so I was forced into right turning lane. I put my blinker on to move over on (Have pictures). I was lit up and harassed right away. I was told to shut up or I'd be pulled out of my car in cuff which is exactly what... View More

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answered on Nov 5, 2023

If you believe your rights were violated due to an illegal search, and you experienced coercion or ineffective assistance of counsel, you have several options. First, consider filing a motion to withdraw your guilty plea if you were not fully informed or if it was entered under duress. You might... 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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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

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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 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

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