The castle doctrine allows you to use deadly force against intruders to defend yourself within your own home. By contrast, the stand your ground doctrine allows you to use proportional force to reasonably defend yourself at any location where you have a legal right to be. Both doctrines require no duty to retreat. Although the …
In some cases yes, it can be a good idea to waive your right to a jury trial. If you choose to do so, the judge would hear the evidence and issue the verdict at your trial, rather than a jury. This is known as a bench trial. Discussing this option with your defense lawyer …
Colorado’s recording laws make it a crime to record other people’s conversations without the permission of at least one of the participants. It does not matter whether you are recording an in-person conversation (“eavesdropping”) or recording a phone call (“wiretapping”). However, conversations that occur in public can be recorded without anyone’s permission since the participants have …
Like the majority of states, Nevada is a “stand your ground” state. You have no duty to retreat from threats such as assault or battery, even if you have the opportunity to flee. In fact, you can fight back in self-defense (or defense of others) as long as you use reasonable and proportional physical force. …
Life without parole (LWOP) is Nevada’s harshest criminal punishment short of the death penalty. Though in both cases, the result is dying in prison. The following category A felonies potentially carry life in Nevada State Prison with no possibility of getting released: First-Degree Murder First-Degree Kidnapping with Substantial Bodily Harm Sexual Assault with Substantial Bodily …
Your body size, as determined by height and body weight, can influence your blood alcohol concentration (BAC). In general, a shorter person with a smaller body will have a higher BAC than a larger person who consumes the same amount of alcohol over the same period of time. Blood alcohol levels are of extreme importance …
In Nevada criminal cases, the terms of probation are a set of rules and conditions that you are legally required to adhere to while serving your sentence outside of jail. Violating a term of probation can cause the judge to impose the original jail or prison sentence. What are probation terms in Nevada? If you …
DUI breath testing machines detect alcohol for about 12 to 24 hours after you consume your last drink. That said, if you metabolize alcohol quickly, it is possible a breathalyzer will not detect alcohol after 12 hours. 1 Factors that influence the speed at which your body metabolizes alcohol include: weight/body fat percentage, height, genes, …
If you miss your court date, the judge will likely issue a bench warrant for your arrest. Prosecutors may also file criminal charges for failure to appear (FTA). Your driver’s license may even get suspended. When police execute the bench warrant, you will be brought to court. This applies to missed court dates in both …
Civil cases are legal disputes that normally occur between private parties. The plaintiff generally demands financial compensation for losses sustained by the defendant’s wrongful conduct. Criminal cases are allegations by a public law enforcement agency that the defendant broke the law. Prosecutors can pursue criminal fines, prison time, and other sanctions. Differences between civil and …
A doctor gave you a legal prescription for Adderall for your ADHD. But you were later arrested for DUI after taking a dose. Can this really happen? Yes. You can be charged and convicted for DUI if you take a drug, including Adderall, and it impairs your ability to safely operate a motor vehicle. This …
Everyone knows that a murder conviction carries life in Nevada State Prison as a possible punishment. But five other, lesser-known Nevada offenses also carry potential life in prison, including: Attempted murder by poison Sexual abuse of a child under 14 causing substantial bodily or mental harm Involuntary servitude of minors Child pornography Battery with intent …
Probable cause is the presence of sufficient evidence to convince reasonable individuals that a crime has been committed, or that signs of criminal activity exist in a specific location for which the police are attempting to obtain a search warrant. In California, the term probable cause is used in four primary situations. These are questions …
Following a hit-and-run incident, Colorado prosecutors can bring criminal charges against the suspect within 1 year in most cases, 3 years if serious injury results, 5 years if death results, and 10 years in vehicular homicide cases. Meanwhile, hit-and-run victims can bring a civil lawsuit within 3 years after the accident. The criminal statute of …
Adults 21 and older may possess up to 1/4 of an ounce of hashish for personal use in Nevada. Only licensed dealers may sell hashish. Hashish (“hash”) is a type of concentrated cannabis. It comes from the dried resin (“kief”) of the tops of cannabis plants. Hashish can be smoked or used in edibles. Prohibited …
Since Colorado is a one party consent state, people may lawfully record conversations in their workplace if at least one party to the conversation freely consents to being recorded. If the person doing the recording is part of the conversation, then no one else’s consent is needed because the recorder has his/her own consent.1 If …
Street racing on any Las Vegas roadway where the public has access is prosecuted as misdemeanor reckless driving in Nevada. Also called drag racing, speed racing, or unauthorized speed contests, street racing rarely carries jail for a first-time offense. However, penalties increase with each successive conviction. Nevada street racing conviction Misdemeanor penalties First time $250 …
You can be charged as a habitual criminal in Nevada (NRS 207.010) if you get convicted of a crime after having five prior felony convictions. It does not matter how long ago – or in which U.S. state – these prior felonies occurred. The best way to fight habitual criminal charges is to show that …
Transmitting HIV is a misdemeanor in Nevada if the following three conditions are true: You know you have HIV; and You intentionally conduct yourself in a manner that is specifically intended to transmit HIV to another person and has a high probability of transmitting HIV to another person; and You transmit HIV to another person. …
Hiding a fugitive from the police is illegal in Nevada if you know the person has escaped jail, prison, or police custody. If you are truly unaware that the person is on the run, you should not face charges for concealing them.1 Example: After escaping from a prison bus, Jim runs into a motel and …
It is rare in my experience for depositions to come into evidence during Nevada criminal trials because judges prefer that witnesses give live testimony. Though if witnesses cannot appear in person, I have seen judges admit into evidence transcripts of their past depositions. Specifically, there are six circumstances where a witness’s past deposition (“depo”) may …
NRS 207.200 is the Nevada statute that defines the crime of trespassing. A violation of this law is a misdemeanor offense punishable by up to six months in jail. 1. How does Nevada law define “trespassing”? Under NRS 207.200, trespass in Las Vegas comprises either: going onto another’s property to annoy the owner or occupant …
Every summer dozens of drug busts mar the Electric Daisy Carnival (“EDC”). People caught with up to 1 ounce of marijuana will probably just be cited. But possessing other types of narcotics will result in being arrested and booked at the Clark County Detention Center. And defendants will face charges for drug possession (NRS 453.336). …
In Nevada criminal cases, an Alford plea is when you deny you are guilty while admitting sufficient evidence exists to find you guilty. This way you get to maintain your innocence and still accept a plea deal sentence that will likely be laxer than if you were convicted at trial.1 What is the purpose of …
Nevada presentence investigations (PSIs) are reports conducted by the Division of Parole and Probation (NPP) on each defendant who gets convicted of a felony. First the NPP interviews the defendant. Then it composes the PSI report for the court, which relies on it to determine criminal sentences and whether the defendant can get probation instead …
