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Nevada Criminal Law Questions & Answers
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 Criminal Law, DUI / DWI, Employment Discrimination and Employment Law for Nevada on
Q: I was not convicted of a DUI, but am on parole and does not even have a revoked driving record. How can I possibly work

I have been living in hardship, financial situations because I can not even drive due to stipulation of no driving while on parole. I have not been revoked my license to drive, the last moving violation was in the year 2007. I am living in hard financial means and without being able to drive, my... View More

T. Augustus Claus
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answered on Nov 29, 2023

You can request a modification to your parole conditions to allow you to drive. To do this, you will need to file a petition with the parole board. In your petition, you should explain why you need to drive, such as to get to work or to take care of your family. You should also explain that you... View More

1 Answer | Asked in Civil Rights and Criminal Law for Nevada on
Q: Probable cause for parolee searches in Nevada?

I am a parolee in Nevada, in good standing and with no arrest warrant. I have had my home and property searched multiple times by my parole officer. The first search was based on a tip from local law enforcement, where an unnamed individual alleged that I was involved in criminal activity. This... View More

James L. Arrasmith
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answered on Mar 27, 2025

As a parolee in Nevada, you have significantly limited Fourth Amendment protections compared to ordinary citizens. Nevada law typically allows parole officers to conduct searches of your home and property with less stringent requirements than the "probable cause" standard that applies to... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Nevada on
Q: Concerned about police claiming found wallet, considering representation?

I was served with a Temporary Protective Order (TPO) for emotional abuse by my ex-fiancé and have complied with it without any issues. Recently, the police contacted me, claiming to have found my wallet, which is actually in my possession. When I informed them of this, they insisted they had my... View More

Jennifer Setters
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answered on Feb 24, 2025

Given your situation, consulting with a licensed attorney is highly recommended. Here’s why:

1. Potential Legal Risks

The fact that the police are claiming to have your wallet and bank cards—when you have them—raises concerns. This could be a mistaken identity issue, an...
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1 Answer | Asked in Contracts, Criminal Law and Collections for Nevada on
Q: I've a summons from Vegas court regarding a credit card collection .. response due in 3 weeks or judgement ..

in the paperwork it says that the original amount was charged off by the bank and the action is by "predecessor in interest"

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2025

A debt being charged off does not prevent collection.

It appears from what you stated, the original creditor sold the debt.

Note, the purchaser must still prove the debt and you have all rights you would have against the original creditor.

1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Nevada on
Q: Lawfully and Legally ok to give the Judge a plea the defendant neither verbally or physically agreed too.

I, took it upon myself to take legal information, and concerns they had about their case possibly having constitutional violations concerns. That the defendants lawyer never answered about, and went from a being forced to take the DAs plea deal as long as the defendant pleas guilty to the... View More

Jennifer Setters
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answered on Jan 7, 2025

1. Forced Plea Without Consent

A plea must be:

Voluntary: The defendant must enter the plea without coercion or undue pressure.

Knowing and Intelligent: The defendant must fully understand the consequences of the plea, including waiving constitutional rights (e.g., the right...
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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Nevada on
Q: can the cops force your fingers onto a biometric safe to see if it opens ?

they were searching a house for a gun that was allegedly pointed at someone and unfortunately I am a convicted felon who was accused of just simply pointing a gun at 2 guys that had forced open the garage door on the house I was staying at. So they arrested me and we sat and waited like 3-4 hours... View More

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're going through this. Generally, police need a valid search warrant to search your property, and they must follow proper procedures. Forcing you to use your fingers on a biometric safe can raise legal issues, especially if it was done without your consent or without proper... View More

1 Answer | Asked in Criminal Law and Intellectual Property for Nevada on
Q: 21 O.S. 1953, 21 O.S. 1541.1, and 21 O.S. 2001(A) - these charges has been filed against me. I took a job from Indeed

I took a job from Indeed. And I got scammed. I got proof that all of this was told by them for me to do step by step. Who can help me out this.

James L. Arrasmith
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answered on Dec 21, 2024

I'm really sorry you're going through this. Start by contacting a qualified attorney who can help you understand the specific charges and advise you on the best steps to take. They can assist in building a defense based on the evidence you have about the scam.

Make sure to gather...
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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

2 Answers | 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

Jennifer Setters
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answered on Jan 7, 2025

1. Due Process Concerns:

4th Amendment: The removal of a child without clear evidence of imminent danger may constitute an unreasonable seizure. If CPS lacked just cause or failed to provide evidence to support their actions, the removal could be challenged.

14th Amendment: Parental...
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1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Tax Law for Nevada on
Q: If the power attorney doesn't have your best interest in hand Also just spending the agents money on whatever he wants.

What kind of legal steps can the agent take for abuse , theft imprisonment in the home

Anthony M. Avery
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answered on Nov 30, 2024

The Principal needs to revoke the POA with notice to any banks involved, etc. Sometimes you record the revocation in the county where property lies. Principal should hire an attorney to sue the former attorney-in-fact/agent for breach of fiduciary duties, conversion, etc.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Nevada on
Q: what is the record that a court room stenographer takes called?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Nevada attorney could advise best, but your question remains open for a week. I do not practice in Animal Law or Criminal Law (your selected categories) but your question is a general one. It's called a "transcript;" it's the written record of a court proceeding or deposition. Good luck

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Gov & Administrative Law for Nevada on
Q: Why is there no laws against what age a circumcision is able to be done ?
James L. Arrasmith
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answered on Sep 5, 2024

There are no specific laws in Nevada or in most parts of the United States that set a minimum or maximum age for circumcision. This is largely because circumcision is considered a personal or family decision, often based on religious, cultural, or health reasons. The government generally does not... 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 for Nevada on
Q: Would a trial date mean no plea deal was offered?

I got assigned a trial date on the LV Municipal Court's website. It's in over a month. Does that mean the prosecutor is not offering a plea deal in my case? Or can the case still be settled by a plea of no-contest and getting a less harsh sentence?

Michael I. Leonard
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answered on May 2, 2024

Just because a case has been set for trial does not meant that the Defendant himself or the Defendant's lawyer will not be able to negotiate and enter a plea agreement. A plea deal can happen on the very eve of the trial, and even sometimes during a trial.

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 Criminal Law, Personal Injury and Civil Rights for Nevada on
Q: Who won the walker v mike Martinez case
James L. Arrasmith
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answered on Feb 23, 2024

Unfortunately, without specific context or additional information, it's challenging to determine the outcome of the case between Walker and Mike Martinez. Legal cases can vary widely based on numerous factors, including the nature of the dispute, the evidence presented, and the decisions made... View More

1 Answer | Asked in Criminal Law for Nevada on
Q: Received a criminal complaint for misdemeanor eluding peace officer. What is the worst punishment? Most common?
T. Augustus Claus
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answered on Nov 6, 2023

The worst punishment you can receive for a misdemeanor eluding peace officer in Nevada is six months in jail, a fine of up to $1,000, or both. However, the most common punishment for this offense is probation and a fine.

Unfortunately, due to the nature of internet questions and responses,...
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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

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 Criminal Law for Nevada on
Q: I'm trying to file a motion to quash a warrant but I don't understand what the fourm is asking me.

The first line on the motion to quash reads:

"Upon application of _________, it is herby requested for the upon matter to be placed on calendar"

My question is, what do I put in that blank spot?

T. Augustus Claus
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answered on Oct 4, 2023

In the blank spot, you would typically insert your name as the person (applicant) making the request. So, if your name is "Jane Doe," the line would read: "Upon application of Jane Doe, it is hereby requested for the upon matter to be placed on calendar." This signifies that you... View More

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