Yes, pepper spray is legal to buy, own, and carry in Nevada. Pepper spray is a popular self-defense weapon because it can subdue an assailant without causing permanent, serious harm. Note that you cannot take pepper spray in a carry-on bag on an airplane. If TSA finds any during the screening process, they will confiscate …
Grand Theft Person in California (487(c) PC) – 3 defensesWatch this video on YouTube In California, “grand theft person” is the crime of unlawfully taking property directly from the person of the lawful owner. The property can be of any value. However, the item taken generally has to be touching the owner when it was …
You should be able to receive out-of-state medical care in your Nevada workers’ compensation case if either: you move from Nevada to another state; the medical care you need – and that the insurer covers – is not available in Nevada; you live near the border of another state (such as California), and medical care …
Blood tests used for driving under the influence (DUI) of marijuana cases can detect marijuana over 12 hours after ingestion. For frequent users, the drug can stay in your blood for up to a week. This evidence can be used against you in a drugged driving case even though you were not impaired by marijuana …
A Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) is where part of your Nevada workers’ comp settlement is placed in an account earmarked for your future medical expenses. Only once those funds are used up will then Medicare kick in and pay for your remaining qualified medical treatments. Do all workers’ comp settlements have WCMSAs? No. …
Colorado’s “Make My Day“ law allows you to use force and even deadly force against an intruder in your home (including when you are a guest in a hotel room) whom you reasonably believe is committing a crime and posing a physical danger. Make My Day law is alternatively referred to as the Castle Doctrine …
Carpal tunnel syndrome (CTS) should be covered by workers’ compensation in Nevada if you can show it was caused by your job. Although CTS is a common repetitive stress injury (RSI), workers’ comp insurers are often suspicious about whether you developed CTS from work or from nonoccupational reasons. If the insurer denies your claim, you …
Three situations that qualify as illegal loitering in Nevada are people hanging out in locations where children gather, people under 21 remaining in casino areas, and people being in or near public restrooms to solicit sex or break the law. Loitering is a misdemeanor offense, punishable by: up to 6 months in jail and/or up …
As criminal defense attorneys, we draw upon several legal strategies to help drivers win at a DMV administrative hearing. These include showing that police lacked probable cause to stop the motorist for a DUI, and that police failed to follow proper procedures in administering the blood or breath test. Counsel can also focus on the …
The Nevada Rules of Appellate Procedure (a.k.a. “NRAP”) provides the rules and frameworks that judges, justices, court clerks, attorneys, and parties must follow in the Nevada Court of Appeals and Nevada Supreme Court. The NRAP was originally adopted in 1973 and has been amended as recently as 2021. What follows is a summary of the …
In Nevada, negligent security lawsuits are civil actions you bring against property owners for harming you by failing to provide adequate safety measures on the premises. Examples of negligent security include: The parking ticket machine is broken at a darkly-lit, casino parking lot, and a thief drives off in your car. A nightclub hires a …
A workers’ compensation appeal usually takes around two to four months to complete. Note, however, that every workers’ comp case is unique, and an appeal could take slightly less time or slightly more. Following a workers’ compensation trial, you typically initiate the appeals process by filing for reconsideration with your state’s workers’ compensation appeals board. …
At a California DMV hearing, the DMV bears the burden of proving its case “by a preponderance of the evidence.” A preponderance of the evidence means that it is more likely than not that you committed the violation. By contrast, prosecutors in court must prove that you violated a DUI law “beyond a reasonable doubt” to …
The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …
As a victim in an Uber accident, you can bring a claim to seek compensation for all of your legal damages. That compensation can be worth anywhere between a few thousand dollars to over $1,000,000, depending on the nature and severity of the injuries. You will rarely see your compensation reduced for your share of …
You can reduce a Medicare lien in a personal injury case by challenging the amounts in the Conditional Payment Letter or Final Demand. If Medicare’s conditional payments are higher than the settlement amount, you may also be able to negotiate a lien reduction. Medicare may also agree to a lower rate when mass tort cases …
You will likely face more severe DUI penalties if you drive drunk and contribute to a car accident (as opposed to if you drive while intoxicated and avoid a collision). DUI penalties will also likely grow more severe if you help cause a DUI accident and the accident results in someone getting injured or killed. …
Failure to appear in court on a misdemeanor charge can lead to an FTA warrant, bail problems, fines, and additional criminal charges. The severity of the offense tends to depend on the underlying criminal charge. The failure to appear has to be willful to be punishable, though. The court may excuse an absence if it …
Not all workers’ compensation cases end in a settlement. However, based on data from Illinois, about 90% of the cases do settle. Fewer than 5 percent of workers’ comp cases go to trial. A similar percentage gets dismissed or denied without an appeal. A few workers’ comp claims go uncontested by the employer. Claims that …
The law in most states is that, yes, it is a crime if you possess a defaced firearm. “Defacing a firearm” typically means that you or someone else either removed, altered, or destroyed the manufacturer’s serial number on the gun. Possessing a defaced firearm is usually charged as a misdemeanor offense. Note that the defacing …
Degenerative disc disease is a back condition where the discs in the spine deteriorate. 4 things to know about workers’ compensation settlements for these injuries are: it can be difficult to prove that your condition is work-related, sudden-onset injuries can reveal the disease, the condition is very debilitating, and settlement amounts can vary substantially. 1. …
Workers’ compensation covers the injuries and occupational diseases that are suffered by employees and that arise in the course and scope of employment. Which injuries are related to work, however, is not always easy to determine. Moreover, different state laws disagree as to where the workplace ends. If your injury is work-related, you are entitled …
A 180 lb. person is legally intoxicated after consuming three beers. Three beers would likely result in a person of this size having a blood alcohol concentration (BAC) of 0.08%, which is the legal limit for DUI purposes in most states. But keep in mind that every person’s body processes alcohol differently. This means that …
The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section: I. Scope, Purpose, and Construction Rule 1. Scope The …
Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
