Divorce and Criminal Questions Asked and Answered with Louis Schneider

Some legal information that we offered for free on our last show.

When getting an amicable divorce (also called uncontested divorce) in Las Vegas, even though Nevada is a community property state, the parties can divide up the assets and debts any way they want because of the constitutional right to contract that Nevada takes very seriously, even among spouses.  There are several caveats, however, such as that the agreement should have waivers and full disclosure clauses. When undergoing an uncontested divorce, a Las Vegas family law attorney is recommended.

When someone dies without a will in Nevada, the property is divided according to the intestate succession statutes per stirpes.

Marijuana is legal in Colorado and Washington.  What if a person uses it in one of the states that it is legal in and then comes to Nevada and gets injured on the job?  Can the person be fired for having the pot in his system?  If you smoked a joint five days ago, you would still be under the influence according to Las Vegas DUI laws--it would still be in the blood stream.

Hit and Run in Las Vegas Advice

Its raining in Las Vegas.

There are a lot of drivers that do not have insurance, are driving under the influence, or are in the country illegally.

Rain increases the number of car accidents.  It also increases the number of people who hit and run.

The moment you get hit, the first thing you should do is memorize the license plate number of the car that hit you--before it disappears.

The person may have insurance or assets and the only way to hold them accountable is by finding them.

Even if they do not have insurance or assets, the police will track them down and make them pay.

Get the license plate number and call us for car accident legal assistance.

Modify Child Custody in Las Vegas

Perhaps you have a child custody court order in place that no longer works for your situation. The good news is you may be able to modify the child custody court order, however you will have to either get the consent of the other parent, or have a substantial change in circumstances such that a change of custody is in the child's best interests.

The following are examples of changes in custody:

     --  joint physical custody to primary physical custody
     --  primary physical custody to joint physical custody
     --  sole legal custody to joint legal custody
     --  joint legal custody to sole legal custody

Click for more about classifications of child custody.

When seeking modification of custody, it is important to consult with or retain a family law attorney.

United States Supreme Court Hearing International Child Custody Case

Family law such as divorce and child custody cases are usually kept at the state level.  Very rarely do the federal courts get involved.  The most common time a federal court has anything to do with a family law matter is in bankruptcy court when a divorced or divorcing couple is also going through bankruptcy.

For a case to go before the United States Supreme Court is rarest of all.  However, right now, the United States Supreme Court is determining the fate of a young girl in an international child custody case.  The father is a United States serviceman located in the United States and the mother lives in Scotland.  Both want the daughter with them.  

Allegations have flown back and forth in this case, much like most child custody case, including that the mother is known alcoholic and therefore the daughter's best interest would not be to be her care.  The mother was arrested for attacking a cab driver and domestic violence in 2010, and was deported in 2011.

Read more: http://www.foxnews.com/politics/2012/12/06/soldier-international-custody-battle-over-daughter-reaches-us-supreme-court/#ixzz2EI8FiE99

The major part of this decision will involve interpreting an international treaty called the Hague Convention. The Supreme Court's written decision in this case will have immediate and far reaching consequences on international family law disputes and a future article will have to be dedicated to that decision.

Federal Judge in Nevada Just Banned Gay Marriage

Judge Robert Jones, a federal judge appointed by President George Bush, just decided a case in favor of heterosexual marriage and denying homosexual or same sex marriage.

Judge Jones, who was educated at Brigham Young University, has been a federal judge since 1983 and has raised four children.  Judge Jones has never been a family court judge in Nevada.

His rationale in denying same sex marriage in Nevada is that he believes that if Nevada allowed same sex couples to get married, straight couples would stop getting married because they would no longer take the institution of marriage seriously. Thus, he states, Nevada has a rational basis for denying a fundamental right to marriage.  Judge Jones clearly believes that the institution of marriage should follow the religious and traditional definition of marriage.

Domestic violence in Las Vegas

Domestic violence in Las Vegas is a criminal charge that, for the first charge, would likely result in a misdemeanor.  However, even a misdemeanor conviction of domestic violence in Las Vegas can have long lasting and far reaching effects.  It is important to consider that if you have been charged with domestic violence and you plead guilty just to get it over with, you will no longer be permitted to own a handgun.  You may not care because you may not possess a hand gun. However, a guilty plea or verdict in your domestic violence case fill foreclose a future desire you may have to own one.

A domestic violence conviction also can impact your chances of gaining custody of your children in family court and employment opportunities.

Temporary Child Custody or Support Orders

What is a Las Vegas temporary order in family court?

Fathers may find that they do not have any custody rights because they never established paternity, but the mother is in trouble somehow and custody with father is the only option and it has to be accomplished immediately. These fathers needs a temporary child custody order.

Mothers may have a husband who is no longer in the picture but will pretend to want to be so that he can get preferential custody and avoid child support—but the mother needs the child support immediately to survive with the child because the father, who was the provider, is no longer providing. The mother needs temporary child support order.

The temporary orders will work until the court has entered a permanent order following a trial, also called an evidentiary hearing.

Las Vegas Criminal Defense Lawyer

If you are looking for a Las Vegas criminal defense lawyer, look no further.  We handle almost every area of criminal defense in all Las Vegas, Henderson, North Las Vegas, Boulder City, and Clark County Courts.  Las Vegas criminal law involves laws on federal, state, and municipal levels.

An experienced criminal defense attorney is necessary to review the procedure that the police followed.  An error in procedure could mean dismissal or reduction of charges.  In addition to procedure, an experienced criminal defense lawyer will also review the substantive law and the evidence to determine defenses.

No legal question is too big, no legal question is too small.

Asked and Answered questions and answers.

Question:

I left Ohio with a traffic warrant and now live in Nevada.  Will my warrant show from Ohio if I get pulled over?

Answer:

Yes.

Question:

If I slip on a broken jar of Mayonnaise in a store, can I sue?

Answer:

Yes.

Question:

Can you get arrested and go to jail for months for texting on a cell phone in Las Vegas?

Answer:

Yes.

Question:

Caller was approached to serve on board of HOA but wife is the only one on the title of the board.  Can he still serve on the board.

Answer:

Nevada is a community property state, so even if husband's name is not on the title, he is still a home owner and the HOA should not be able to stop him. Even if he has a long term lease to live there, that should probably be sufficient.

Question:

Wife put in a reasonable accommodations request with a local business, but the business denied the request under the American's with Disability Act.  Who is a good labor law lawyer to look at this?

Answer:

You need an employment or labor lawyer who works with the ADA.  There are no penalties built into the ADA.  There are a lot of laws to protect the casinos and the services oriented industries in Nevada.  Call 484-2222 for more information.

Question:

Had phone on speaker mode while driving and put the phone in his lap as he went through the intersection.  Cop wrote him a traffic ticket for not using a hands free device.

Answer:

Louis believes this is legit and the caller could fight because, what if you put the phone on speaker in your breast pocket--hands free.
Marc believes it has to be blue tooth or through the car speaker.  Marc offered to handle ticket for free.

Top five reasons why you need a Las Vegas lawyer

1.     A Las Vegas lawyer knows the sources of law that affect you, which include:

·      Nevada Revised Statutes,

·      Nevada Constitution,

·      US Constitution,

·      Nevada Administrative Code,

·      Nevada Rules of Civil Procedure,

·      Nevada Alternative Dispute Resolution Rules,

·      Nevada Supreme Court Rules,

·      Nevada Rules of Appellate Procedure,

·      Nevada Rules of Professional Conduct,

·      Eighth Judicial District Court Rules,

·      Las Vegas Justice Court Rules,

·      Henderson Justice Court Rules,

·      Nevada Supreme Court Opinions,

·      Nevada Ethics Opinions,

·      Las Vegas Municipal Code,

·      North Las Vegas Municipal Code,

·      Henderson Municipal Code, and

·      Clark County Codes. 

Are you aware of all these sources of law, how to interpret them, and how they interplay? If not, you need a Las Vegas attorney.
2.     A Las Vegas attorney know how to investigate your legal issue using resources including the:

·      Nevada Secretary of State,

·      Clark County Assessor,

·      Clark County Recorder,

·      Clark County Business Licensing,

·      Clark County Permitting,

·      Las Vegas Business License,

·      North Las Vegas Business Licensing,

·      Henderson Business Licensing,

·      Municipal Courts,

·      Clark County District Court, and

·      Clark County Justice Court.

Do you know how to investigate issues using these government entities?  If not, a lawyer is very useful.

3.      Las Vegas attorneys typically have a minimum of 20 years of education, most of which they excelled in.  After that, Las Vegas lawyers much complete at least 12 hours of continuing legal education every year.  The bar exam topics on the Nevada bar exam include:

·      Agency and Partnership;

·      Community Property;

·      Conflict of Laws;

·      Constitutional Law;

·      Contracts;

·      Corporations;

·      Criminal Law;

·      Criminal Procedure;

·      Evidence;

·      Domestic Relations;

·      Real Property;

·      Remedies;

·      Torts;

·      Uniform Commercial Code (Articles 2,3 and 9);

·      Wills, Estates and Trusts; and

·      pleadings and practices under both the Nevada Rules of Civil Procedure and the Federal Rules of Civil Procedure.

With a Nevada lawyer at your side, you can be sure that you will have someone with minimum competency in many fields.

4.   Many Las Vegas lawyers have seen it all in this town, including every kind of family dynamic, criminal charge, real estate issue, and suffering.

          5.    Objectivity and perspective allow good Las Vegas attorneys to anticipate what a judge or jury may do and will bring this insight to the client's attention so the client can make informed decisions.

Louis Schneider Co-hosts Legal Radio Show

Join Attorney Louis Schneider on KXNT AM 840 on Saturdays at 3:00 PM for "Asked and Answered" where locals can get legal information on issues that are bothering them.  Louis Schneider is an experienced litigator in the areas of family law, criminal law, and general civil law including personal injury.

DUI arrest after driving home from a party requires

Halloween is the beginning of the holiday season. For the next several weeks, Las Vegas metropolitan police officers will search for clues that a driver should not be behind the wheel. Las Vegas officers will pull over motorists for everything from a wrong turning moving to stopping past the stop line at intersections. Motorists become distracted over the holidays, but those are also clues that could mean someone is impaired.

If you get arrested on suspicion of DUI, call us as soon as possible for a confidential consultation.

Asked & Answered with Marc Saggese

Join Las Vegas attorneys Louis Schneider and Marc Saggese on Saturday, October 20, 2012 from 3:00 PM to 4:00 on the radio program "Asked & Answered with Marc Saggese" on KXNT which is on AM 840 or FM 100.5.  

Call in and have your legal questions answered for free.  The questions range from criminal to general civil, including family related legal questions--all absolutely free.

DUI after Halloween Party

If you or someone you know received a DUI after a Halloween Party in Las Vegas, Henderson, or anywhere in Clark County, Nevada, they should hire a Las Vegas DUI attorney to assist them with their criminal case.  It is important to have a skilled attorney review the evidence, even if the person thinks he or she is guilty.  Sometimes it is good to be exonerated on a technicality, especially when many other areas of your life can be affected by a DUI, including employment and family.

Call our firm as soon as you have a DUI charge and speak to no one but a licensed Nevada attorney about it.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice. 

DUI season is upon us, have a lawyer ready.

It is very easy to get in trouble for Driving Under the Influence, especially in Las Vegas and Henderson in winter when all the partying takes place.  DUIs occur after Halloween parties, Thanksgiving parties, Christmas parties, and New Years parties.  You may think you are sober enough to drive, and then, a police officer pulls you over and arrests you for DUI.

You should memorize the phone number of a good criminal defense attorney who handles DUIs. Even if you are not going to get a DUI, someone close to you may and you will be ready to assist.  Give them our phone number.

Remember, for misdemeanor crimes, you will not get a court appointed public defender.  If you want a criminal defense attorney to represent your interests, you will have to hire one in private practice.