Nevada Litigation Legal Questions

Obviously, they let you out or you posted bond, but much depends on your circumstances. You don't say why "the lady" was yelling at you, what she was yelling, why you remained outside of your house to be yelled at, or why the police were there. The constitutionally protected right against self-incrimination, generally known as Miranda Rights, only apply after arrest and during interrogation. Simple questions asked by police do not usually count as interrogation. Anything said spontaneously (to anyone) before arrest, at the scene, during booking, or later is fair-game to police as far using your statements against you. There is a lot of wiggle room for police as it relates to what "under arrest" means. Don't assume that having cuffs on or sitting in a squad car means you are technically "under arrest." If you don't exercise a right, it doesn't exist. So, begin your Miranda rights at the beginning. Explaining yourself to police, or telling "your side of the story" expecting to be released is generally folly. As a general rule of thumb, if you are faced with a police officer questioning you and 1) you didn't call them, and 2) you don't want or need their help, then 3) they probably think of you as a suspect involved in a criminal act. The best reasonable response under these circumstances is to calmly and politely tell the officer you might answer their questions but only after speaking with an attorney. You need not have an attorney at the time, you don't need an attorney on "retainer", and you are not required to tell them a name of an attorney. You are, however, required to tell police, if they ask, your complete, legal name. And, if they arrest you and fingerprint you, then you are required to admit the fingerprints are yours, but that is all. Just remain calm and keep protecting your rights, and say nothing.... Read More

Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.... Read More

Your ex clearly does not appreciate the gravity of his actions. He is liable to you for tort damages and can be sued in civil court for a judgment that will have a part of his wages garnished for the rest of his life. Or you can go to the district attorney. What your ex boyfriend is doing is a crime the DA will gladly prosecute. From the standpoint of the law, having and circulating nude pictures of a person under 18 is child pornography. You, most likely, do not like being referred to as "child" but I bet that your ex-boyfriend will like even less spending some quality time in jail and being labeled a sex offender. Moreover, persons who receive your nude pictures can be prosecuted criminally and civilly, too; so, by sending them your pictures, your ex does them no favors at all. Just forward to your ex boyfriend this message. If he doesn't stop being a jerk, get an attorney - and call the DA.... Read More

It is impossible to answer this question without knowing the officer's state of mind, why the officer entered your home, and what the officer did upon entering. But NO, you absolutely cannot use or threaten to use your firearm on a police officer just because you think he has entered your home without permission.... Read More

Law enforcement officers cannot enter your home without permission unless they have and arrest warrant, search warrant, or other court authorization, or an emergency situation exists, such as someone being attacked, fire, etc. In any situation, I would advise extreme caution in using a firearm (I assume you are referring to a Concealed Pistol Permit when you say you have a "CPL"), in any situation. Situations in which one can use a firearm can be an extremely complex legal issue. Additionally, if law enforcement enters your home, legally or not, it is possible, in fact likely, that more officers are in the area and you would be outnumbered and outgunned.... Read More