Ciciliano Law Blog

THE IMPACT OF A DUI

2008-06-17T21:10:00.000-07:00

A DUI arrest can have a huge impact on your life. Each of the following links detail some of the effects that a DUI can have:

A DUI can result in probation. To learn more click here.
A DUI can also have an impact on your auto insurance. To learn more about this impact, click here.

Seek legal representation immediately if you have been arrested for DUI. Click here to learn more about DUI representation. Again, contact a Las Vegas DUI lawyer immediately if you have been arrested for DUI.

LATEST ON GIBBONS DIVORCE

2008-06-17T02:20:00.000-07:00

Baltimoresun.com is reporting that the parties in the Gibbons divorce have agreed to stay (put on hold) their divorce case so they may attend private mediation. The State's first lady continue to accuse the Governor of infidelity and State conservatives are becoming increasingly concerned that the fiasco will hurt Republicans in the coming election. Click here to read the article.

NEVADA IS A COMMUNITY PROPERTY STATE

2008-06-16T21:15:00.001-07:00

People getting divorced need to understand that Nevada is a community property state. Any property or debt (with a few exceptions) that is acquired during the marriage is community property or debt and will be equally shared upon divorce. It generally does not matter whether the property or debt is only in the name of one spouse; as long as the parties are married when the property or debt is acquired, they will typically be responsible for half the debt or they will receive half of the property.

If you are going through a Nevada divorce then click here for more information regarding community property laws.

NEVADA PENALTIES FOR DOMESTIC VIOLENCE

2008-06-14T07:04:00.000-07:00

Nevada treats charges of domestic violence quite seriously. A first time conviction carries a sentence of up to 6 months in jail, 120 hours of community service, 6 months of domestic violence counseling, and a fine. These sentences escalate for a second offense and a third offense is charged as a felony.

Click here if you have been charged with domestic violence.

'NO KNOCK DOWN" WHEN CHARGED WITH DOMESTIC VIOLENCE

2008-06-08T21:11:00.000-07:00

If you are charged with domestic violence then you should be aware that it is a unique area of Nevada criminal law. Nevada's domestic violence statute contains a "no knock down" provision. In other words, once you have been charged with domestic violence the charge can not be reduced to a lesser offense unless the prosecuting attorney states to the Judge that the prosecution will not be able to prove it's case.

You should contact a Las Vegas criminal defense lawyer immediately if you have been charged with domestic violence. Click here for more information regarding Las Vegas domestic violence defense.

DETERMINING CHILD CUSTODY IN NEVADA

2008-06-02T20:21:00.000-07:00

Nevada awards child custody based on "the best interests of the child." Factors the Court will look to include, but are not limited to:

Which party has a closer relationship with the child.
Which party is less likely to cause tension with the other party.
Which party is more able to meet the child's needs.
Whether awarding custody to one party or the other enables the child to bond with a sibling.

If one party is found to have committed domestic violence against the other (even if no arrest was made), it will be presumed that the parent committing domestic violence should not have primary custody.

If you are involved in a child custody dispute then you should contact a Las Vegas child custody lawyer immediately. Click here to learn more about child custody in Nevada.

CHANGING CHILD CUSTODY IN NEVADA

2008-06-01T07:00:00.000-07:00

Parents often wish to change or modify their child custody arrangement after they are divorced. This can be accomplished by either of two ways. First, if the parties agree to the change they may enter into a stipulation and gain a Court order reflecting the change. The second method is more complicated. If a parent wishes to modify custody, and the other parent does not consent, the party wishing the change must file a Motion with the Court. The moving parent must show both that there has been a change in circumstances which has occurred since the last custodial order and that the proposed change is in the best interests of the child.

It is highly recommended that you consult with a Las Vegas child custody lawyer before attempting to change custody. To learn more about child custody matters click here.

GIBBONS DIVORCE HAVING NATIONAL IMPLICATIONS

2008-05-31T13:32:00.000-07:00

The divorce of Governor Gibbons is now receiving national media attention which includes the New York Times. A recent Times article is detailing the allegations of infidelity that are being made in the case by Mrs. Gibbons. The article also demonstrates an opinion that the Governor's divorce fiasco may be hurting the November chances of Republican candidates as Republican voter turn out may be driven down. Click here to read the New York Times Article.

EIGHT ATTORNEYS APPLYING FOR JUDICIAL VACANCY

2008-05-29T21:46:00.000-07:00

The Nevada Supreme Court has announced that eight applicants are hoping to fill the Family Court seat opening due to the coming retirement of Judge Gerald Hardcastle. Judge Hardcastle is retiring on July 1, 2008. Whoever fills the seat will serve out the remainder of Judge Hardcastle's term. Click here to read the Supreme Court press release regarding the eight applicants.

BANKRUPTCY DOES NOT PREVENT PROSECUTION FOR MARKER DEFAULT

2008-05-24T10:18:00.001-07:00

Declaring bankruptcy will not necessarily get you off the hook if you have defaulted on a casino marker. Nevada law treats marker default in the same manner as the passing of a bad check. People sometimes think that because they have declared bankruptcy, and the marker debt was taken care of in the bankruptcy, that they cannot be prosecuted. This is not correct as you can still be charged with the marker default and you may still have to pay restitution (the amount of the marker) back to the Casino. Be mindful, therefore, that declaring bankruptcy does not necessarily free you of all the problems associated with marker default.

Click here for more information regarding marker default or bad check charges.

CASINO MARKER DEFAULT IS A CRIME

2008-05-19T17:30:00.000-07:00

If you have defaulted on a casino marker you may be charged with a crime. Nevada law treats a defaulted casino marker as if it were a bad check. Default on a marker of more than $250 is a category D felony which carries a sentence of 1-4 years plus restitution to the casino. Many individuals do not realize that marker default is a crime and only realize as much once they have been charged.

Seek legal representation immediately if you have defaulted on a marker or are being charged in a bad check case. Click here for more information on this topic.

FEDERAL MAGISTRATES MAY PRESIDE OVER JURY SELECTION

2008-05-17T11:14:00.001-07:00

The United States Supreme Court has held that a United States Magistrate may preside over selection of a criminal jury, rather than a Federal District Court Judge, if the Defendant's lawyer consents. In Gonzalez v. United States, the Court held that there was no reversible error in such an instance, even though consent to have the Magistrate select the jury was never given from the Defendant; the Defendant's criminal defense lawyer had given consent to the procedure.

The Court held that consent from the attorney is sufficient and that there is no need to canvass the Defendant and determine if the Defendant consents to the procedure. Click here to read the Court's 8-1 decision.

CALIFORNIA STRIKES DOWN BAN AGAINST SAME SEX MARRIAGE

2008-05-15T19:22:00.000-07:00

CNN is reporting that the California Supreme Court has struck down the State's ban against same-sex marriage. In a lengthy decision, the Court held that equal protection guarantees extend to gay and lesbian couples who wish to exercise the fundamental right of marriage. Given that the opinion is based on the State Constitution, no appeal to the U.S. Supreme Court may be attempted.

Click here to read the CNN article.

RESIDENCY REQUIREMENTS FOR NEVADA DIVORCE

2008-05-11T14:08:00.000-07:00

Nevada law allows one to file for divorce after having lived in the same Nevada county for six weeks. This is one of the most liberal residency requirements for divorce in the United States. To file for a Nevada divorce you will need someone willing to complete an “Affidavit Of Resident Witness.” This affidavit is the means by which the Court verifies that one of the parties has indeed been continuously residing in one Nevada county for the six week period.

If neither party resides in Nevada, they may not file for a Nevada divorce unless this is the last place the spouses co-habitated. It is not uncommon for persons to believe they can file for a Las Vegas divorce simply because they were married here. This is not correct; to file for divorce you must satisfy the aforementioned requirements.

Click here for more information regarding Nevada uncontested divorce. Click here for more information regarding Nevada contested divorce.

NEVADA APPEALS

2008-05-08T19:45:00.000-07:00

An appeal is the process by which a higher court is asked to review, and possibly reverse, a lower court's decision. All Nevada appeals are heard by the Nevada Supreme Court. Our Supreme Court can either uphold the District Court's decision, can send the case back for a new trial, and can also reverse and enter judgment for the appellant.

A Nevada appeal is commenced by filing a "notice of appeal." The notice of appeal must be filed within thirty days of the time the final judgment is entered in a criminal case or within thirty days of the time that notice of judgment is given in a civil case (which includes family matters).

To learn more about criminal appeals click here. To learn more about civil and family appeals click here.

PAYING FOR YOUR LAS VEGAS DIVORCE

2008-05-07T19:43:00.001-07:00

Nevada divorce law is set up so that parties in divorce cases will have equal access to legal representation. The law allows for a party, who makes significantly less than his or her spouse, to request an award of attorney's fees while the case is still pending. The Court, when there is a substantial income difference, will often order the spouse with the greater income to assist the other spouse with his or her attorney's fees.

Click here for more information regarding Nevada's contested divorce process.

GIBBONS DIVORCE TURNING NASTY

2008-05-07T19:30:00.000-07:00

A recent Washington Post article makes look as if Governor Gibbons' pending divorce is getting ugly. The Governor's attorneys have won a Motion to seal the case while the First Lady wants the case open to the public. Also, the First Lady has apparently told a local Review Journal reporter that "her husband won't speak to her and that she doesn't know why he's divorcing her."

Given the Governor's other recent controversy, as well as criticisms over his handling of the state budget, the current media fiasco is not likely to help his political fortunes.

Click here to read the Washington Post article.

NEVADA GOVERNOR FILES FOR DIVORCE

2008-05-03T16:35:00.000-07:00

The Associated Press is reporting that Nevada Governor Jim Gibbons has filed for divorce from the State's First Lady. The Governor and First Lady recently separated. Interestingly, Governor Gibbons, rather than his wife, has moved out of the Governor's mansion. Gibbons is reportedly living in the couple's Reno home. Given that the state supported Governor's mansion is the place in which the Governor is to keep his office, it seems odd that Gibbons, rather than his spouse, is the party who has moved out.

Click here to read the AP article.

UNCONTESTED DIVORCES

2008-05-03T15:06:00.000-07:00

A Nevada divorce can be obtained relatively quickly if the parties agree on all issues. An uncontested divorce involves filing a document known as a Joint Petition For Divorce. The Joint Petition is the document in which the parties lay out the terms of divorce that they have agreed upon (including all financial and child custody issues). A Decree of Divorce can be submitted to the Judge for signature once the Joint Petition has been filed. To file a Joint Petition, one of the parties will need to have resided in Nevada for at least six weeks. If the parties are in disagreement on any issues than the process must go through a contested divorce.

NEVADA SUPREME COURT RULES ON ADMISSIBILITY OF INTERCEPTED PHONE CALLS

2008-05-03T11:00:00.000-07:00

The Nevada Supreme Court has held that a recorded phone call may be used in Court as long as the recording is legal in the state in which the recording was made. In Mclellan v. State, the Defendant appealed the District Court's admission of telephone calls made in California to the Defendant in Nevada. Only the California residents were aware that the call would be recorded.

The Defendant claimed that the recording should not have been admitted as Nevada law requires that all parties to the call must have been aware of the recording for it to be admissible. California law only required the knowledge of one party to the call that recording was occurring.

The Court held that as long as the recording complies with the law in the place in which the recording is made, it will be admissible at trial.

Click here to read the Nevada Supreme Court's opinion.

NOEL GAGE PROSECUTION APPEARS WEAK

2008-04-30T09:16:00.000-07:00

The Review Journal has published an article which makes it appear that the second prosecution against Personal Injury Lawyer Noel Gage may be hitting a large speed bump. Mr. Gage is being prosecuted as part of the alleged conspiracy between doctors and personal injury lawyers. The RJ column indicates that the case against Gage may be damaging the ability of prosecutors to crack down on the alleged conspiracy as a whole.

Click here to read the RJ article.

DOWNTOWN "CRACKDOWN" CRITICIZED

2008-04-26T07:44:00.000-07:00

The Review Journal has published an article criticizing the "Downtown Initiative" which was passed roughly four years ago. Under this initiative, officers sometimes arrest individuals for minor offenses (such as jaywalking) if the person has a criminal record.

The passage of such an initiative should raise great equal protection concern however. The measure gives officers discretion as to whether or not they should enforce it. Put another way, it's up to the officer whether or not this measure will be enforced. This can lead to situations in which the laws are not equally applied and particular classes of citizens become disadvantaged.

Click here to read the RJ article.

STATE LAW VIOLATIONS DO NOT NECESSARILY EQUATE TO CONSTITUTIONAL VIOLATIONS

2008-04-24T19:55:00.000-07:00

The U.S. Supreme Court has held that Virginia officers did not violate the Fourth Amendment when they arrested a man for driving on a suspended license and eventually discovered narcotics. In Virginia v. Moore the Court considered whether the constitution was violated by the arrest even though state law only allowed for the issuance of a citation.

The Court, without dissent, held that violations of state law do not necessarily equal a constitutional violation as the meaning and breadth of state laws are different than that of the constitution. Accordingly, the extent to which a state statute provides protection does not mean that the constitution must provide the same protection.

Click here to read the Court's opinion. Click here to learn more about narcotics charges.

JUDGE GERALD HARDCASTLE RETIRES

2008-04-19T13:06:00.000-07:00

KLAS has reported that Family Court Judge Gerald Hardcastle is retiring. Judge Hardcastle, who is one of the original Family Court Judges, will leave the bench on July 1st, 2008. The Nevada Supreme Court is currently accepting applications for the appointment of a replacement to serve out Judge Hardcastle's term.

U.S. SUPREME COURT UPHOLDS KENTUCKY LETHAL INJECTIONS

2008-04-19T11:16:00.000-07:00

The United States Supreme Court has upheld the lethal injection method by which Kentucky imposes the death penalty. In Baze v. Rees, the Court considered a challenge to the method by which death was imposed. The Appellants claimed that there was a risk that proper procedures would not be followed and, as a result, unnecessary pain would incurred in violation of the Eighth Amendment. The Court rejected this argument and stated that in order to hold a method unconstitutional there must be an "objectively intolerable risk of harm." Given that the injections were administered by trained personnel, with certain levels of experience, the risk of harm was not so great as to justify holding the practice unconstitutional.

Click here to read the Supreme Court's opinion.

Given that the Supreme Court is the last potential appeal for these defendants, it appears that execution is imminent. To learn more about criminal appeals, click here.