Pending Or Unresolved DUI Charges
In some cases, a prosecutor may file a DUI complaint that includes not only evidence of prior DUIs (relevant to determining the proper level of DUI offense) but also pending DUI charges. Evidence of pending or unresolved DUIs is inadmissible under NRS 48.045(2) which expressly prohibits evidence of other crimes, wrongs or acts to prove [...]
Personal Websites As DUI Sentencing Enhancement Tools
Defense attorneys should strongly consider urging their clients to remove any personal pages after a DUI arrest. Personal Websites like Facebook and MySpace are becoming increasingly problematic for criminal defendants because prosecutors are now using them as sources of photos and comments during the penalty phase for DUI. In one case, a young woman from [...]
Prosecutorial Misconduct
Prosecutorial Misconduct, part 2 In the case of Robert Hays, he was convicted following a jury trial on four counts of sexual assault of a minor under the age of fourteen years and four counts of lewdness with a minor on charges that he sexually abused his then eight-year old daughter Jennifer. His conviction was [...]
Nevada Law On Reckless Driving
What precisely constitutes Reckless Driving under NRS 484.377? Unfortunately, it is again the least favorite answer: it depends. As a general rule, what constitutes reckless driving is to be determined from all the surrounding circumstances, at least where the statute does not specifically declare what particular acts shall constitute the offense. What constitutes reckless driving [...]
Must I Hire an Attorney?
Is it necessary that I have an attorney if charged with a crime? The simple answer is no. You do not need an attorney. But in reality, there is a lot at stake, even if you believe you are innocent. If you think prosecutors always play fair, you may want to reconsider after reading this. [...]
