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Nevada Criminal Law Questions & Answers
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 with,... 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, unless the... 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 it's your fault.... 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)

2 Answers | Asked in Criminal Law for Nevada on
Q: I live in Nevada but have a felony warrant in tennessee, will tennessee come get me in nevada
Malcolm P. LaVergne
Malcolm P. LaVergne answered on May 23, 2019

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 »

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1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Does a felony show up on my background if the case was dismissed? It was for possession of illegal substance

The case took place in 2011. My case was in a different state.

Anthony M. Avery
Anthony M. Avery answered on May 14, 2019

Usually any charge, Felony or Misdemeanor, will show up on background checks if the charge entry was never successfully expunged. There are several different Criminal Databases, and some will show everything, while some will not. You will need to contact the Clerk of the Court you were charged... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: How can a municipal court in Nevada take away your right to a jury trial when charged with a misdemeanor?
Malcolm P. LaVergne
Malcolm P. LaVergne answered on Apr 15, 2019

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 misdemeanor... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: can a person who was convicted of a felony class ( e ) in 1978 get his record cleaned.
Malcolm P. LaVergne
Malcolm P. LaVergne answered on Dec 29, 2018

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 after 2 years from the date... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: Can you still be charged for cashing a stolen check even though they got their money back?
Gary Kollin
Gary Kollin answered on Nov 2, 2018

The crime is cashing the stolen check. If everybody could escape from being charged with a crime by paying the money back, then everyone would go out and cash stolen checks and if they were caught they would simply pay the money back.

1 Answer | Asked in Criminal Law for Nevada on
Q: My fiance is on probation and got arrested on a ex felon with a firearm. But they arrested him in my apartment which he

Resides here. The gun was was in was in his work truck. Which gets driven by different workers. Can they charge him with the gun?

Gary Kollin
Gary Kollin answered on Oct 25, 2018

They can charge him. They may have statements from his coworkers. They may have DNA or fingerprints.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Nevada on
Q: How do I go about getting accepted back to the state I live in when I’m getting the run around.

If you got in trouble in another state (CA) for a felony (evading a peace officer) and you have a lease with an apartment complex in another state (NV) but they don’t accept felons but you already have a lease with them prior to the incident do they have to accept you back? Or tell your PO it’s... Read more »

Gary Kollin
Gary Kollin answered on Oct 22, 2018

You may be able to cancel your lease under force majeure.

You also may be able to travel to Nevada for a short period to get all your stuff, but you may have to reguister with the Sheriff when there

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1 Answer | Asked in Criminal Law for Nevada on
Q: What are grounds for dismissal of an indictment
Gary Kollin
Gary Kollin answered on Oct 16, 2018

I suggest you find a law treatise which would probably about a thousand pages to answer that question. Otherwise, retain counsel because this site is to help people with real questions, not hypothetical.

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