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  • Viable Domestic Battery Defenses

    A charge of domestic battery is not a conviction. While the arrest can be extremely emotional and traumatic, defendants should not give up hope. There are reasonable explanations that can either shift a domestic battery claim or create enough reasonable doubt to avoid conviction. A few viable domestic battery defenses include: Self Defense Domestic violence is a two-way street in some ...
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  • Can You Be Arrested While Under 0.08%

    Even if you’re careful with your drinking, it can seem like some people are out to get you. If you ever find yourself pulled over while clearly under the legal limit of 0.08% BAC, you may be surprised when a police officer asks you to step out of the vehicle. If that happens to you, you may wonder whether you can be arrested while under 0.08%? Under Arrest Implied consent law says that you once ...
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  • Can a Drunk Driver Who Causes a Fatal Crash Face Murder Charges?

    Let’s say Reginald went out one night and had a few drinks. Unfortunately, although his normal faculties were impaired, he decided to get behind the wheel and drive home. During the trip, he ran a red light and crashed into another vehicle crossing the intersection. Sadly, the other driver was killed. After reviewing Reginald’s situation, the prosecutor decided to charge him with second-degree ...
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  • The Penalties for Being an Ex-Felon in Possession of a Gun

    Besides jail time and fines, being convicted of a felony can have a number of long-term consequences. One of the punishments you can face is having your gun rights restricted. That means, although the Constitution guarantees the right to bear arms, you, as a convicted felon, would not be able to exercise this right. If you violate the law, you could be facing a prison sentence and fines. What Law ...
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  • When Borrowing a Car Could Lead to Theft Charges

    Say you’re driving down the highway when you notice the lights of a police car flashing in your rearview mirror. You look down at your speedometer and see that you’re going around 10 mph over the speed limit. You pull over for the officer and expect to be cited for the traffic offense, but a little while later you find yourself arrested on suspicion of driving a stolen vehicle. How could that ...
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  • Can I Be Charged with Assault that Happened Over 1 Year Ago?

    Nevada, as in all other states, has what is called the statute of limitations that place deadlines on when the prosecution can file charges against a person alleged to have committed a crime. If they try to prosecute the matter outside of that time period, the case may be dismissed. The statute of limitations applies to felonies and misdemeanors, including assault. Whether or not you can be ...
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  • Burglary Is a Crime, and so Is Possessing Tools to Commit It

    In Nevada, if a person breaks into a structure or vehicle to commit a crime, they could be charged with burglary. If they're stopped before actually getting to the place they plan to unlawfully enter, and specific items are found on them, they could be prosecuted for possessing burglary tools. Nevada’s Burglary Law Let’s say Priscilla was walking down the street, looked into the open window of ...
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  • Is My Driver’s License Automatically Reinstated After a DUI Suspension?

    In Nevada, if you are arrested for driving under the influence, you might be subject to a driver’s license suspension at both administrative and criminal levels. An administrative penalty is that placed by the Nevada Department of Motor Vehicles (DMV), and the criminal sanction is that which results from a conviction for a DUI offense. Whether you lose your driving privileges because of an ...
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  • Jury Trials Allowed in Misdemeanor Battery Domestic Violence Cases

    In a landmark decision, the Nevada Supreme Court ruled that individuals charged with misdemeanor battery domestic violence are entitled to jury trials. Typically, non-felony offenses penalized by incarceration of 6 months or less are heard and decided only by a judge. However, the Justices said that the consequences of domestic violence are severe enough that cases should be presented in front of ...
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  • Will My Criminal Record Show Up on a Background Check?

    According to the National Association of Professional Background Screeners (NAPBS), 95% of companies will conduct some type of background check during the hiring process. That means if you are applying for a new position, your potential employer might look at your criminal history before making a selection decision. If you have ever had a run-in with the law, you might be wondering what ...
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  • New Law on Marijuana Record Sealing Takes Effect

    On July 1, 2019, a criminal justice reform bill, referred to as the Nevada Second Chance Act, went into effect. This piece of legislation streamlines the process for having certain crimes wiped from a person’s record. Governor Steve Sisolak signed the measure into law in May of 2019, stating that this new statute would allow a better future for those who were convicted of a now-decriminalized ...
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  • Should I Accept a Plea Deal?

    During the criminal trial process, the prosecutor may offer the defendant a plea deal. That is, they may agree to drop charges, file lesser charges, or recommend an alternative sentence if the defendant consents to plead guilty or no contest. Because the outcomes of a trial are unknown, and a plea bargain is relatively clear, a defendant might be tempted to accept the offer. However, whether or ...
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  • What Kind of Offense Is Pickpocketing?

    Generally defined, pickpocketing is a type of theft crime that occurs when a person uses dexterity to take another individuals property or money without them knowing. Movies usually depict someone committing the offense by bumping into an individual and slipping their wallet out of a pocket or sliding a watch off their wrist. Although the act seems like a petty offense, In Nevada, it is actually a ...
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  • What Does it Mean to Impeach a Witness?

    When a criminal case goes to trial, the prosecutor may bring forward witnesses to testify against the defendant. The statements the witness makes serve to strengthen the state’s evidence and satisfy the burden of proving beyond a reasonable doubt that the defendant committed the alleged offense. The prosecutor may call various witnesses to the stand; however, not all are credible or can provide an ...
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  • What Is Transferred Intent?

    For many offenses, the prosecutor must prove that the defendant intended to carry out a criminal act. For example, under N.R.S. 200.481, battery is defined as the willful use of force against another person. To land a conviction for this offense, the prosecutor must show that the defendant purposefully meant to injure someone else. If a person other than the intended victim is harmed during the ...
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