Nevada Criminal Law Questions & Answers
Q: can a person who was convicted of a felony class ( e ) in 1978 get his record cleaned.
Malcolm P. LaVergne's answer
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 of release from actual custody or discharge from parole or probation, whichever occurs later." For example, if you were place on probation for three years from a category E felony (likely scenario),...
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 of release from actual custody or discharge from parole or probation, whichever occurs later." For example, if you were place on probation for three years from a category E felony (likely scenario),...
Q: Can you still be charged for cashing a stolen check even though they got their money back?
Gary Kollin's answer
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.
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.
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
Gary Kollin's answer
They can charge him. They may have statements from his coworkers. They may have DNA or fingerprints.
They can charge him. They may have statements from his coworkers. They may have DNA or fingerprints.
Q: How do I go about getting accepted back to the state I live in when I’m getting the run around.
2 Answers
| Asked
in
Criminal Law, Civil Rights, Communications Law and Constitutional Law
for
Nevada
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Gary Kollin's answer
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
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
Q: What are grounds for dismissal of an indictment
Gary Kollin's answer
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.
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.
Q: In an indictment how is discrimination determine how is invidious Determined If found can case be dismissed
Gary Kollin's answer
Perhaps you can break up your question into separate sentences beginning with a capital letter and ending with a period or a question mark
Perhaps you can break up your question into separate sentences beginning with a capital letter and ending with a period or a question mark
Q: How can I prove that there wasn’t probable cause to pull me over I’ve asked for dashcam recording
Q: In an indictment can the examiner ask directing questions or ask a question with the answer in it
Q: How do I fire my lawyer And if I fire my lawyer and haven’t agreed to a deal will that be thrown out
Q: What is hotel security protocol and are they liable for damages in a shooting?
1 Answer
| Asked
in
Contracts, Criminal Law, Personal Injury and Civil Litigation
for
Nevada
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Peter Munsing's answer
If anyone is sued by MGM grand I'll be happy to give them a free consult.
As to the question, status of elevators is not relevant.
Hotel security guards and management liable if they don't take appropriate steps. If the person is violent they are not required to put their life at risk. Depends where they were, what flavor of security person (hotel equivalent of mall cop is different from off hours detective or cop), etc.
There are other possible liable parties.
If anyone is sued by MGM grand I'll be happy to give them a free consult.
As to the question, status of elevators is not relevant.
Hotel security guards and management liable if they don't take appropriate steps. If the person is violent they are not required to put their life at risk. Depends where they were, what flavor of security person (hotel equivalent of mall cop is different from off hours detective or cop), etc.
There are other possible liable parties.
Q: I been here 5 yearI been trying to find
1 Answer
| Asked
in
Bankruptcy, Criminal Law, Real Estate Law and Identity Theft
for
Nevada
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Timothy Denison's answer
Your question has so many variations and possibilities that n one can properly answer it without substantially more information and investigation. Cantaloupe a local attorney, one who specializes in civil law, criminal law and bankruptcy. You have a very complex issue that may only be solved with professional assistance.
Your question has so many variations and possibilities that n one can properly answer it without substantially more information and investigation. Cantaloupe a local attorney, one who specializes in civil law, criminal law and bankruptcy. You have a very complex issue that may only be solved with professional assistance.
Q: Is that possible to an ilegal alien to get a car dealership license or not?
1 Answer
| Asked
in
Business Formation, Business Law, Criminal Law and Immigration Law
for
Nevada
on
Answered on Nov 20, 2017
Answered on Nov 20, 2017
Hector E. Quiroga's answer
It is hard to say, since that’s more of a state level issue. Assume that it is unlikely, however.
It is hard to say, since that’s more of a state level issue. Assume that it is unlikely, however.
Q: Would it be a waste of time to sue for a battery charge?
Peter Munsing's answer
You can sue them, but if they have no money you won't get much out of them. Contact the victim assistance coordinator of the DA's office to see if they can have as part of their sentence restitution.
You can sue them, but if they have no money you won't get much out of them. Contact the victim assistance coordinator of the DA's office to see if they can have as part of their sentence restitution.
Q: If I borrowed a car and the car was stolen from me am I liable?
Peter Munsing's answer
Assuming you reported it stolen, and didn't leave the keys in it, and it wasn't stolen by someone you knew, I don't believe so.
Assuming you reported it stolen, and didn't leave the keys in it, and it wasn't stolen by someone you knew, I don't believe so.
Q: I just wrote everything that happened to me and it disappeared. I don't have the energy left for this. A victiof assault
1 Answer
| Asked
in
Health Care Law, Criminal Law and Medical Malpractice
for
Nevada
on
Answered on Apr 3, 2017
Answered on Apr 3, 2017
Peter Munsing's answer
Contact the Nevada Civil Liberties Union--they may have a "cooperating attorney" who can figure out if you have a claim.
Contact the Nevada Civil Liberties Union--they may have a "cooperating attorney" who can figure out if you have a claim.
Q: I'm looking for a pro bono attorney for my brother in law who is in custody at the washoe County Jail.
Paul Stanko's answer
If your brother-in-law is determined to be indigent by the court, he can have a public defender appointed to represent him. He does not need a "pro bono attorney", but rather a public defender.
If your brother-in-law is determined to be indigent by the court, he can have a public defender appointed to represent him. He does not need a "pro bono attorney", but rather a public defender.
Q: Is pulling someone's hair considered assault?
Sean Neahusan's answer
In Nevada, it would be a battery, not an assault.
An Assault as defined in NRS 200.471 as 1) unlawfully attempting to use physical force against another person, or 2) intentionally placing another person in reasonable apprehension of immediate bodily harm.
Battery is defined in NRS 200.481 as any willful and unlawful use of force or violence upon the person of another.
Technically pulling someone's hair would be the use of force or violence upon the person of another...
In Nevada, it would be a battery, not an assault.
An Assault as defined in NRS 200.471 as 1) unlawfully attempting to use physical force against another person, or 2) intentionally placing another person in reasonable apprehension of immediate bodily harm.
Battery is defined in NRS 200.481 as any willful and unlawful use of force or violence upon the person of another.
Technically pulling someone's hair would be the use of force or violence upon the person of another...
Q: About a month ago my wife and I had an argument. The police came and left and no one was arrested.
Sean Neahusan's answer
She needs representation. This charge is the a misdemeanor, but can impact some Constitutional Rights. This case should go away with a reasonable Prosecutor. Once she is represented, write the prosecutor to let him/her know that you were having a bi-polar episode and had convinced yourself that she struck you, but cannot now say that this is what actually happened. This should convince (or motivate) prosecutor to drop the case.
She needs representation. This charge is the a misdemeanor, but can impact some Constitutional Rights. This case should go away with a reasonable Prosecutor. Once she is represented, write the prosecutor to let him/her know that you were having a bi-polar episode and had convinced yourself that she struck you, but cannot now say that this is what actually happened. This should convince (or motivate) prosecutor to drop the case.
Q: How can I find a lawyer who represented me in the past?, lost contact information but I have the case number.
Sean Neahusan's answer
If you have the Attorney's name, you should be able to go to the State Bar website and track them down. If they are no longer practicing in the State, that makes it more difficult.
If you have the Attorney's name, you should be able to go to the State Bar website and track them down. If they are no longer practicing in the State, that makes it more difficult.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
