The Nevada Rules of Criminal Procedure (also called “The Nevada Rules of Criminal Practice” or the “N.R.Cr.P”) provide the framework and rules that judges, prosecutors, and defense attorneys like me must follow in Nevada’s 11 district courts. The N.R.Cr.P was adopted only in March of 2021. Below is the full text of its 17 sections: …
Under Colorado Revised Statute 18-1.3-406 CRS, crimes of violence are felonies that carry enhanced penalties if you used a deadly weapon, killed or seriously injured someone, or – for certain sex crimes – used threats, force or caused any bodily injury. The court will impose this increased punishment for crimes of violence even if you …
In California, seven taser laws to know are: the definition of the taser, who can lawfully own one, where you cannot have one, concealed carry rules for your taser, self-defense rules, defense of property laws, and the penalties for violating the law. Understanding these California laws can help you comply with them. 1. Taser or …
In California, minors cannot be tried as adults if they are 15 or younger. They can be tried as adults if they are 16 or 17, the crime was serious, and the juvenile court judge allows it. Minors tried as adults and convicted face criminal punishment, including custody time. If they are tried as minors, …
In California, the consequences of violating juvenile probation depend on the type of probation you are on. The judge at the violation hearing is likely to tighten the conditions of your probation. However, he or she can also revoke probation and take you into custody, or resume criminal charges for the offense that led to …
In some criminal cases, law enforcement officers are unable to gather the evidence necessary to prove that you are guilty persuasively. It is extremely important to be able to recognize when the case against you is a weak one. Nine signs that the criminal case against you is weak are: a lack of evidence, conflicting …
In California, you can expunge a felony conviction by: completing the necessary expungement application forms, filing them in the court that heard your case, and appearing before a judge at the expungement hearing. Many felony convictions are eligible for expungement, though some sex crimes are not. Expungements are more difficult if you served prison time. …
There are three primary ways in which a person can try to modify a criminal sentence in California. These are when the person: files a motion for resentencing, appeals the sentence, and brings a writ of habeas corpus petition. There are also two ways a court can modify a sentence on its own accord. These …
If you violate the terms of your probation in a California DUI case, three things may happen: the judge will issue a bench warrant, law enforcement can arrest you,1 and the court will hold a probation violation hearing.2 At this hearing, the prosecutor presents evidence to prove you violated probation. Then I would present evidence …
The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense. Neither necessarily means that …
In California, chargeback fraud is typically the crime of buying something with your credit card, demanding a refund from the seller without returning the item, and then disputing the charge with your credit card company. Also known as “double-dipping,” you would have the item and its cost in money. It can be prosecuted under a …
Getting criminal charges dropped before trial is one of the best outcomes you can achieve. There are numerous grounds for getting charges dropped, though persuading the prosecutor to drop the charge is rarely easy. If you are successful, you will not have to go to trial. However, dropped charges can be refiled later if new …
A conviction for drug possession can carry some prison time. Each state law is different, though the sentence is generally for less than a year. Major factors in how much prison time you could get include the type and quantity of the controlled substance, as well as your prior criminal record and what jurisdiction you …
A background check will usually reveal if someone has been convicted of a misdemeanor (for example, a DUI) or a felony (for example, rape). In terms of employment applications, while employers can receive information regarding a conviction, some states have ban the box laws that limit when and whether prior convictions can be considered in making hiring …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have legal defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you …
What is a "Suspended Sentence"?Watch this video on YouTube A suspended sentence is where a judge sentences you to jail or prison time, but then delays imposing the sentence in order to let you serve time on probation. If you complete probation successfully, the judge typically dismisses the case without placing you in custody. If …
There are 3 common strategies for how to beat a solicitation charge in California. These include: asserting that the police engaged in illegal entrapment, showing the evidence to be insufficient to support a conviction, and attacking the arresting officers’ credibility. Each of these strategies can undermine the prosecutor’s case. What is a charge of solicitation? Solicitation …
The term “aiding” and the term “abetting” are similar legal concepts, but each has a slightly different meaning. Aiding a crime means helping someone else commit a crime. Abetting means to encourage or incite a criminal act. Although to abet does not necessarily mean that you help or facilitate its execution. Both aiding and abetting …
Penal Code 647i PC – The Crime of "Peeking While Loitering"Watch this video on YouTube Yes, “prowling” is a crime in California. Penal Code 647i PC defines a prowler as one “who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building …
Reckless endangerment is not a distinct crime in California. However, a person who acts recklessly and endangers others can be charged with a number of other crimes, including child endangerment, reckless driving, elder abuse, or enhanced DUI penalties for having a child in the vehicle. “Reckless endangerment” refers to an act that creates a substantial …
If you are facing felony or misdemeanor charges carrying jail time in Denver, the court will appoint you a deputy public defender if you cannot afford private counsel. Ultimately, the court has jurisdiction to decide whether you are indigent and therefore entitled to court-appointed counsel. In general, you are probably eligible for a public defender …
In California, the burden of proof refers to who has the responsibility to prove their claim. In criminal cases, it is generally the prosecutor. In civil cases, it is generally the plaintiff. The burden can shift in certain circumstances during the case. The standard of proof that has to be met by the party with …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. In many of the cases I handle, it often allegedly involves a child. Physical penetration is not necessary for there to be lewd and lascivious conduct. An example is intentionally groping a minor. Lewd and lascivious conduct is …
A police officer is authorized to arrest you without an arrest warrant when you commit an offense in the presence of the officer and when a peace officer has probable cause to believe that you committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause to believe you …
“MIP charge” refers to the criminal offense of “minor in possession.” You commit this offense if you are under 21 years of age and you possess an alcoholic beverage or marijuana in public. In most jurisdictions, a MIP conviction is a misdemeanor that can potentially stay on your criminal record indefinitely. Note, however, that a …
