If I’m Innocent, Why Shouldn’t I Talk to the Police?
To someone who is not familiar with the law and police interrogation tactics, it is reasonable to think that if you are innocent and have nothing to hide, there’s no good reason to not speak to the police if they want to question you. However, nothing could be further from…
After an Arrest, Do You Get Your Property Back?
Sometimes, after a person is arrested or after the police search a car or house, the police will take a person’s cell phone, money, wallet, car, or other important items. The question then becomes, do the police have to return the property they took? Or can the police keep it…
More on Government Theft of Your Property
We previously discussed in this blog how the government can legally take your property without you ever being found guilty of a crime: https://noblesyanezlaw.com/how-the-government-can-legally-steal-your-property/ Just a couple of days ago, the U.S. Supreme Court ruled that if the government seeks civil forfeiture of your property, the Constitution does not requires…
Can I Own a Gun After Sealing My Record?
Many people believe that if they seal their record, they are then legally allowed to own a gun. However, this is simply not true. Sealing your record does not give you your gun rights back. Sealing your record does restore the following civil rights: (1) The right to vote; (2)…
Show me your Papers! Do You Have to Show a Cop Your Identification?
A car mechanic in Alabama was working on a customer’s car in the parking lot of a church when he was illegally arrested by a police officer for failing to provide the officer with any identification. A portion of the video of the arrest can be seen here: https://www.youtube.com/watch?v=ZSY_jhhMlIA. The…
Grand Jury v. Preliminary Hearing: What’s the Difference?
Recently, you may have heard the terms “grand jury” and “preliminary hearing,” in the news and crime television shows. What do they mean and what is the difference between the two? In Nevada, in order for the prosecution to take a defendant to trial they have to establish probable cause…
Risk of Juvenile False Confessions Lessened in Nevada
In our last blog, we discussed the promise of Assembly Bill 193, which at the time was being considered by the Nevada Legislature. The new law would prohibit a police officer from lying to a juvenile suspect during an interrogation in an attempt to get an incriminating statement from the…
Police Lies: Important Change to Juvenile Interrogations Coming Soon
We have previously discussed in this Blog how Nevada law allows the police to question (i.e., interrogate) a juvenile without a parent being present. Read here. The Nevada Legislature is very close to passing a law that would go a long way to lessening the coercive nature of police interrogations…
Can I Livestream my Own Police Traffic Stop?
In a previous blog, the issue of whether you have the right to record the police during a traffic stop was discussed. As stated in that blog, the Ninth Circuit Court of Appeals, which encompasses Nevada, ruled in 1995 that the right is protected by the First Amendment. The U.S….
Important New Changes to Nevada’s Traffic Laws
Beginning January 1, 2023, pursuant to Nevada Assembly Bill 116, some traffic violations will no longer be considered criminal misdemeanors, but rather a “civil infraction.” For example, no longer considered a crime are violations for broken taillight, speeding (as long it’s not for traveling above 30 mph), or riding in…