A motion to stay a sentence pending appeal is when a defendant in a criminal case asks the court to stay, or pause, execution of the sentence until an appeal is heard. “Execution” in this context is when the court carries out the sentence or imposes it. If granted, this motion temporarily stops the trial …
Yes. Some jurisdictions allow police to administer urine tests in DUI cases to check if motorists have drugs or alcohol in their system. However, urine testing is sometimes less reliable than other forms of testing (for example blood tests or breath tests) and are considered less practical to administer. Police most often ask for a …
Prosecutors try to avoid filing charges against youths whenever possible. As of December 8, 2020, the Los Angeles District Attorney’s Office (LADA) is minimizing juvenile prosecutions in favor of steering troubled youth towards rehabilitative diversion programs. This way, young people avoid Juvi while learning tools for being law-abiding young citizens. Are juveniles still prosecuted for …
As of December 8, 2020, the vast majority of people arrested for a crime in Los Angeles will be released on their own recognizance and without paying any bail. In certain cases, LADA (Los Angeles District Attorney’s Office) may ask for conditions on defendants’ release (such as electronic monitoring). Prosecutors may still request bail in …
Not anymore. As of December 8, 2020, the Los Angeles County District Attorney’s Office (LADA) is no longer seeking the death penalty in pending or future murder cases. And for defendants currently on death row, LADA is no longer seeking an execution date. Does California still have the death penalty? Prosecutors in California other than …
As of December 8, 2020, the Los Angeles District Attorney’s Office (LADA) is taking habeas corpus petitions much more seriously. If there is any evidence that a petitioner was denied his/her constitutional rights to a fair trial or sentence, LADA’s Habeas Corpus Litigation Unit (HABLIT) will investigate and possibly remedy the matter such as by …
Yes. Statutory rape is another term for the Nevada crime of statutory sexual seduction (NRS 200.368). Statutory rape is when an adult has consensual sex with a 14- or 15-year old child. However, Nevada law has a close-in-age exception where 14- and 15-year olds may lawfully have consensual sex with people less than four years …
California “employee privacy rights” refers to the rights that protect employees from employers intruding on their personal affairs and probing into their personal matters. These inalienable rights are largely guaranteed by Article 1, Section 1 of the California Constitution. They are also established via the State’s Labor Code and other similar statutes. California’s privacy laws …
The City of Las Vegas has a new vagrancy law under 10.86.010 called the encampment ordinance. This new law makes it a misdemeanor for people to sleep or otherwise camp out in certain areas if there is space available at shelters. Penalties under this new ordinance include up to 6 months in jail and/or up …
Nevada law does not offer criminal record expungements, but it does offer record sealing. Essentially, expunging and sealing accomplish the same purpose. But whereas expunging is physically destroying a record, sealing is making the record invisible. Either way, the record will not show up on future background checks. What are the steps to seal records …
Yes. NRS 426.805 makes it a Nevada misdemeanor to fraudulently misrepresent an animal as a service animal. Penalties for trying to pass off a fake service dog as real include up to $500 in fines. Currently, assistance dog fraud is only a state crime and not also a federal crime.1 Service dog fraud typically occurs …
An arraignment is typically the first court hearing, or a defendant’s first appearance in court, in a criminal case and it marks one of the initial stages in the pretrial process. During the hearing, the judge will inform the defendant of the charges filed against him or her and will ask how the accused pleads …
Also called larceny from a person, pick-pocketing (NRS 205.270) is always a category C felony under Nevada law – even for a first time offense. Defendants face a sentence of 1 to 5 years in prison, possibly up to $10,000 in fines, and restitution of the items or cash stolen. And if the pickpocketing victim …
Under California law, a “grand jury” refers to a group of citizens who are brought together to determine whether or not charges should be brought against a potential defendant in certain criminal cases. A preliminary hearing, by contrast, is a proceeding held before a judge in which he/she determines whether there is enough evidence in …
Epilepsy — Can the DMV revoke my license because of it?Watch this video on YouTube The California DMV may revoke or suspend your driver’s license if you have epilepsy, seizures, or other consciousness disorders that negatively affect your ability to drive safely. Here are four main points to know if you have epilepsy and drive …
Colorado laws on recording in-person conversations allow you to tape any conversations you participate in, even if no one else knows you are taping it. You can also record other people’s private conversations as long as at least one party to the conversation consents to you taping it. Illegally recording an in-person conversation is prosecuted …
How long the Nevada divorce process takes depends on several factors, including: whether the divorce is contested or not; whether there are children involved; the complexity of the marital estate; and the Nevada court’s own caseload In general, an uncontested divorce (called a joint petition in Nevada) can be over within one-to-three weeks. Though a …
