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Nevada Criminal Law Questions & Answers
1 Answer | Asked in Education Law, Criminal Law and Constitutional Law for Nevada on
Q: Hello, In Nevada can you open carry a firearm on public school grounds during the summer when the school is closed?

The high school by my house has a sign allowing people to use the track for exercise and dog walking. I use the track in the summer when schools out. Usually at 11:00pm-1:00am, so I like to have a firearm on me. Is this allowed since the school is closed for several months, and it’s in the... Read more »

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jul 8, 2020

No. See NRS 202.265. This statute does not have an exception for the time of day. The track is part of school property for any Nevada public school I know about. You can face a criminal charge for being on school property with a gun at any time. It's a gross misdemeanor, and you can face up to... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nevada on
Q: What if someone put a hidden camera in my house and I don't know where it is?

What would happen if there are spy cams unknown to the owners in their homes? I’m suspecting that there are hidden cameras in my home. People seem to know what I've been up to in my home without telling anyone and I'm told that there are hidden cameras in my house. Is there a law that... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

I'm sorry for your ordeal. This is something a Nevada attorney could advise best on, but your question remains open for four weeks. You could look into the cost of investigators. To save money, you might be able to conduct some of your own investigations on the property. If you find that... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: How does the statute of limitations work on a petit larceny charge in Nevada?

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 »

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jun 25, 2020

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 »

1 Answer | Asked in Criminal Law and DUI / DWI for Nevada on
Q: The statutes say you can only file a plea to withdraw if you haven't been sentenced yet except if it's basically unjust.

I have the plea ready but I didnt include anything about that but in its self its unjust.I really need for my plea to be granted.I need help.

Malcolm P. LaVergne
Malcolm P. LaVergne answered on May 31, 2020

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.

1 Answer | Asked in Criminal Law for Nevada on
Q: My truck is up for forfeiture, how can I get it back?

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?

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Apr 21, 2020

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.

1 Answer | Asked in Criminal Law for Nevada on
Q: Can a parole officer violate you for not having an address
Malcolm P. LaVergne
Malcolm P. LaVergne answered on Mar 6, 2020

Yes. Of course. It's very basic that you must maintain an address (and register) while you are on parole. Your probation officer must be able to get in touch with you.

1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Firearms ownership. Would I be a prohibited person with a misdemeanor conviction (non DV)?

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 »

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Mar 3, 2020

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 »

1 Answer | Asked in Criminal Law for Nevada on
Q: I have a friend who is in prison. He has charges in AK. Can he some how run them concurrently?
Malcolm P. LaVergne
Malcolm P. LaVergne answered on Feb 13, 2020

Possibly, but he better get an AK lawyer right away to see if the case in AK can be resolved and start running concurrently.

1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Hello my mom was arrested here in 2020 for check fraud in 2009. Is there a statue of limitations on that

She has gone to court twice since then for traffic tickets and no told her anything of the sort

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jan 21, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: My boyfriend went to jail for a dom battery 1st,is he looking at alot of jail time for this?

He has a court date for thursday, possible he will get out that day?

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jan 15, 2020

Yes (with restrictions), or you can bail him out before that date, unless specifically denied by a judge. He's facing 180 day in jail, but most likely probation.

1 Answer | Asked in Criminal Law for Nevada on
Q: What to do when your public defender wants you to plead guilty to a charge

My public defender asked if i wanted to take a plead deal where i would be on probation for two years and take classes i told her no what can i do to prove im innocent i can't afford a real lawyer

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Dec 23, 2019

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 »

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Nevada on
Q: I was injured in an accident involving a minor w/o a driver's license. I have learned he didnt have permission to drive

What are the laws relating to minors driving w/o permission, causing an accident, with over $40k in medical bills?

Peter N. Munsing
Peter N. Munsing answered on Nov 6, 2019

You should get advice--and the services--of an attorney with the Nevada Trial Lawyers Assn in the county where the wreck happened--they give free consults. I'm assuming it's their fault--if its your fault, the fact that he wasn't licensed etc doesn't mean you collect if... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: Can a new Mexico Judge prevent/void an extradition to Nevada?

My husband was arrested last week in NM for a domestic violence charge that was filed by his ex-wife in 2012. He was unaware of the charge because it was sealed, therefore, was unable to address and resolve the issue. Nevada wants him extradited. Is there a way that a New Mexico judge can... Read more »

Gary Kollin
Gary Kollin answered on Oct 27, 2019

Having a home does not make someone mom flight risk.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Nevada on
Q: Can someone who is homeless exist independently without becoming a criminal ?

So being homeless is a crime ?

Gary Kollin
Gary Kollin answered on Oct 2, 2019

Are you serious? Just because a person is homeless, they will invariably become criminals??

1 Answer | Asked in Criminal Law for Nevada on
Q: My son sold drugs to a under cover cop what can he get for that he is a addict and was selling them to get them for hims
William Jaksa
William Jaksa answered on Sep 11, 2019

The courts and police are very familiar with the circumstances that User-Dealers find themselves in. They buy drugs from their dealers, sometimes they are fronted the drugs, then they sell to support their habit. The unfortunate issue is that they are still dealing drugs and they are still apart of... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: If was convicted of possession of small amount of cocaine 28 years ago, does this immediately disqualify me from
Patricia Warnock
Patricia Warnock answered on Aug 27, 2019

Your question was cut off and is unanswerable as is

1 Answer | Asked in Criminal Law and Juvenile Law for Nevada on
Q: What will happen in this situation to my exboyfriend?

So i went to a teacher for advice and i told him about how my exboyfriend threaten me with pictures but me and my exboyfriend were good again but the teacher got the school involved i have not made any reports against my exboyfriend though and i dont want the school to do anything against him or... Read more »

Gary Kollin
Gary Kollin answered on Aug 17, 2019

Please also ask the teacher about not writing in a single run on sentence

Lawyers want to answer inquiries accurately.

We cannot be dure if it is not parsed into single sentences starting with capital letters and ending eith punctuation marks

1 Answer | Asked in Criminal Law for Nevada on
Q: My name is Donnie Holt on 2/22/19 i was issued 2 citations one for use/poss drug para and one for false stmt/obst pub

I had court on 4/1/19 but failed to show up upon trying to contact the courts to get back on calender it appears that both cases were dismissed n i believe it has to do with NRS171.1773 how can i find out for sure i have a good job i dont want to lose because of a surpise visit to jail

Patricia Warnock
Patricia Warnock answered on Jul 30, 2019

Most jurisdictions in Nevada have websites where you can look up case information. Determine where your violation occurred to figure out which court you should be checking into and review their online system. If you cannot find the information there, you can always call the specific court.

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: Domestic violence, who should be arrested, the person who lays hands on first or the person who's defending themself?
William Jaksa
William Jaksa answered on Jul 21, 2019

It could be both, none, or just the instigator. You are allowed to use force to protect yourself during an assault or to prevent an assault, BUT you must be able to justify the force you used. So, for example, you can lay hands on a person first IF it is to protect yourself from an anticipated... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: Can criminal charges be filed against an employee for falling victim to a phone scam while at work

Police are aware and agree it was a phone scam, no arrest complete cooperation and now detective is telling me to pay “ restitution” or the business owner will file charges. What are my rights in this matter

Gary Kollin
Gary Kollin answered on Jun 12, 2019

Contact employment lawyer. May be problem for employer under the Fair labor Standards Act (FLSA)

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