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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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  • What Constitutes Entrapment in Nevada?

    To catch individuals engaging in criminal activity, Nevada law enforcement might set up a sting operation, which is when an officer goes undercover as a buyer, seller, or potential victim. For example, a cop could pose as a drug buyer to catch a suspect dealing narcotics. Generally, this type of police activity is allowed, as giving a person an opportunity to commit a crime is not considered ...
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  • Can You Face Assault Charges for Aiming an Unloaded Gun at Someone?

    Wielding a gun at someone could result in a charge of aiming a firearm at another human, but whether you will be charged with assault depends on your intent. Definition of Assault Under Nevada law, assault is defined as the attempt to use force against another person or intentionally acting in a way that makes the person fear they are at risk of immediate bodily injury. The victim does not need to ...
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  • Is Aiding and Abetting the Same as Being an Accessory to a Crime?

    The commission of some crimes might be carried out by multiple people, who may have varying degrees of involvement: planning the act, directly committing the offense, or supporting the perpetrator in some way after the act has been committed. Because of this, Nevada law distinguishes between two types of parties in the commission of a crime: Principals Accessories Based on the state’s legal ...
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  • 4 Visual Cues Police Use to Detect Drunk Drivers

    When the National Highway Traffic Safety Administration (NHTSA) was created in the late 1960s, the agency conducted extensive research to provide police officers with scientific and useful information to help them detect drunk drivers on the road. The following are the four main categories of driving behaviors that typically mean a person is drunk driving: Difficulties maintaining proper lane ...
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  • Arrested for Indecent Exposure in Nevada?

    Nevada law defines indecent exposure as showing your own or someone else’s private parts in a public or private area. Men are often charged with this crime for urinating in public, while women are typically charged for exposing their breasts (only when they’re not feeding a child). However, people engaged in sexual activity in public can also be charged with indecent exposure. A first offense is ...
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  • Can I Be Charged with Kidnapping My Own Child?

    When it comes to our children, we are all intuitively possessive. Law and reason don’t always register when it comes to parental instincts. We feel responsible for them and many of us cannot accept having to answer to someone else regarding our role in their lives. For example, in cases of domestic violence or a contentious divorce, you may feel the need to protect your children by removing them ...
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  • Preparing For Your First Criminal Court Appearance

    Whether we like to admit it or not, appearances matter. You can never make a first impression twice, especially in front of a judge or jury who will determine if you are guilty or innocent. No one enjoys or is fully comfortable with attending their first criminal court appearance, as it can be incredibly nerve-wracking and stressful not knowing what to expect. Preparation is key in alleviating ...
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  • Can You Be Charged with a DUI if the Arresting Officer Failed to Issue a Sobriety Test?

    The stereotypical image of a DUI arrest almost always involves the driver taking a sobriety test and blowing into a breathalyzer. In the state of Nevada, the refusal to submit to a sobriety test can lead to harsher legal consequences, including license revocation . Police can even draw blood to test for sobriety without consent, if they have a warrant. But what are the legal ramifications if the ...
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