Frequently Asked Questions
Yes you can. If the marijuana has rendered you impaired to operate a vehicle you can get a DUI with or without a medical marijuana card.
Yes, you can. If the medication has rendered you impaired, it doesn't matter if you have a valid prescription.
It depends. If the keys are in the ignition then that can be enough for a judge to find you in physical control of the vehicle (even if the car is not running).
No, both siblings and roommates do not fall into the category of a domestic relationship.
Yes, because a battery is any unconsented touching; injuries are not required.
Q: Can I be guilty of possession of drugs if the drugs are in the glove compartment or center console?
Yes. Constructive possession is where you have knowledge of the drugs and the ability to control it. Actual possession is not necessary.
Trafficking is determined by the quantity of the drugs, regardless of whether it's for personal use or sale. For cocaine, heroin, and methamphetamines, anything 100 grams or over designates the drugs as a Trafficking quantity.
No. This right only applies to crimes when there is the possibility of imprisonment or jail.
Q: What do I do if my lawyer or public defender won't return my calls or give me the discovery (the evidence)?
If you feel you are not going to court prepared, or you are not provided access to your lawyer or the evidence from your lawyer, you have the right to bring this to the judge's attention. This is not an effective legal representation.
No, it's not that simple. In order to withdraw your plea, a judge must first find that the plea was entered into under circumstances that were not voluntary, knowingly or intelligently. An example of this would be a plea made due to a threat to a family member.
It is very important. Everyone charged with a felony or gross misdemeanor in Justice Court has a right to insist that the prosecutor show the judge that there is slight or marginal evidence that you committed the alleged crime. Your attorney will be able to cross-examine any witnesses called to testify by the prosecutor. If the Judge determines the prosecutor must its burden, the case will be transferred to the District Court for jury trial.
Q: When looking to hire an attorney, do I have the right to know the attorney's actual experience in trial?
Yes, you do and it's important to ask because an attorney with limited trial experience is less likely to be offered as good of a resolution or plea deal to your case.
Yes. Under Nevada law if you obtain an order to seal your records, you can legally answer that the arrest, charge, conviction, or the facts underlying the case, never happened.
Because jails are crowded, Judges often release people on their "own recognizance" (O.R.) if the defendant has limited criminal history, is not a flight risk, and is not an ongoing danger to the community.
It depends. If you post the full amount of the bail, the person posting the money will get that money back at the end of the case (minus and any court fines). If you obtain a bondsman to post the bail, you'll pay them 15% of the total bail amount and they'll put up the rest. In this case, you'll get no money back at the end of the case.
These are always recorded and law enforcement and prosecutors absolutely listen to these communications.
Even if you're totally innocent or justified, it's always prudent to speak to law enforcement with an attorney present when your calm and prepared. While it may be appropriate to tell the first responders you were defending yourself, getting into detailed questioning and answering can later turn out to be harmful. Words get twisted, your thoughts may be jumbled, your demeanor may be wrongly analyzed, etc. Wait to talk (if at all) after consulting your attorney.
Yes. If the cops believe any unconsented touching took place, they will likely arrest who they determine to be the primary physical aggressor.