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.

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.

What are high asset divorces?

Now that the stock market is recovering, investment accounts are rising in value, and deferred compensation is returning, high-income individuals facing divorce are again dividing assets instead of only debts.

The courts call divorces involving retirements and high-income individuals, “high asset divorce cases,” and it is crucial to retain a qualified divorce attorney who is experienced with both family law and high-income individuals due to the complexity of the assets involved. Married couples with accumulated property and wealth are considered “high asset” when there are pensions, cars, boats, real estate, securities portfolios, business partnerships, stocks, investments and bonuses to be considered in a divorce.

After you have hired your family law attorney, it is time to consider hiring a tax accountant and financial/tax specialists.

In high asset divorce cases, issues to consider include:

·      Actual legal ownership of all property prior to divorce
·      The actual legal ownership in the event of a settlement
·      The actual legal ownership following a trial and judgment
·      The tax considerations of dividing assets
·      Worth or value of all assets
·      Security clearance for certain jobs and the consequences of divorce, debts, bankruptcies, and foreclosures
·      Community Property
·      Separate Property
·      Gifts
·      Prenuptial agreements and ante-nuptial agreements
·      Post-nuptial agreements and marital settlement agreements
·      Which of the three would be most productive: trial, mediation, or settlement negotiations

When you want equal custody of your child or children in Las Vegas...

When you are facing a Las Vegas family law matter involving dividing your child or children, you must consider your parenting plan schedule that will work with your work or school schedule and that of the other parent. You may want to equalize the time-share, creating a fifty-fifty arrangement. We include below some examples of fifty-fifty time-share arrangements. 

Please realize, however, that you can have as low as forty-sixty time-share and still be consider a joint physical custodian of your child or children.   Also, the forty percent calculation is determined by looking at an entire year, not a week-to-week basis.  This law comes from the Nevada decision in Rivero v. Rivero.

Below we use “Parent F” and “Parent M” to refer to the two parents in a child division negotiation.

Alternating Weeks Parenting Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F in Week 1 and in the care of Parent M in Week 2. This results in the child living with Parent M for 7 days in Week 1 and with Parent M for 7 days in Week 2.

5-2-2-5 Child Custody Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F every Monday and Tuesday (2 days) and Parent M every Wednesday and Thursday (2 days) each week. The weekend time Friday through Sunday would be alternated (3 days) between the parents. This results in the child being in the care of Parent F for 5 days and Parent B for 2 days in Week 1 and in the care of Parent M for 2 days and Parent M for 5 days in Week 2.

3-4-4-3 Child Custody Schedule

This fifty-fifty parenting schedule occurs when the child or children is/are in the care of Parent F from Wednesday through Friday in Week 1 and Wednesday through Saturday in Week 2. The child would be in the care of Parent M from Saturday through Tuesday in Week 1 and Sunday through Tuesday in Week 2.

Sharing Holidays and Summer

It is common for the summer vacation time and holidays to be split between the parents. Many different manners of division of time-share for the summer time such as alternating weeks, alternating every two weeks, adding a larger block of time for vacation for each parent onto the regular schedule, etc. There are also many different ways holidays can be shared such as splitting the holiday time or alternating each year between parents. For example, the child can spend an agreed upon holiday with Parent F in even years and Parent M in odd years or visa versa.

The above are just examples of some common parenting plans for fifty-fitfy joint physical custody which can be altered and adjusted in many different ways to accommodate what’s best for the children, family situation and arrangements that are not an exact fifty percent timeshare.

Before you go to court or to mediation, you should consult with a Las Vegas family law attorney.  After your mediation and before you sign the agreement, you should consult with a Las Vegas family law attorney.  Failure to do so could result in legal consequences you may not have anticipated.

DUI Experience, your advocate in court.

Not every lawyer who handles DUIs are equal in skill and experience. Surprisingly, the differences in pricing and services are not that dramatic, so you can literally get a half-assed lawyer for the same amount as an experienced DUI attorney.  For the person seeking legal representation in a standard DUI case, attorneys’ fees may be fairly competitive.

Judges are not lenient with DUI cases, even if it is your first offense.  As a result, it’s important to realize that hiring a lawyer is in your best interests despite the costs.  In general, you will already be paying hefty fines for the DUI charge and risk the suspension of your driver’s license, depending on which stage of the legal process you are in.  Some judges may waive part of the fines, but there is nothing that can be done to waive the conviction.  That is something that could stay with you for the rest of your life.

Louis Schneider has represented many DUI clients both in negotiating acceptable settlements and at trials when negotiations fail.  Call us for help with your Las Vegas DUI.

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. 

Parental rights termination proceedings require a clear judgment

Because even family law judges make mistakes in rendering family law rulings, it is best to have an attentive family law attorney represent you especially when your fundamental parental rights are at risk in a termination of parental rights action.

In April 2012, the Nevada Supreme Court ruled on a case involving termination of parental rights. The Nevada Supreme Court determined that the lower Nevada district family court must make express findings of fact in its written family court order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  In that specific family case, the district court had failed to find facts by the clear and convincing standard required to terminate a parents rights:

The court stated:

A petitioner in termination proceedings has the burden to prove by clear and convincing evidence that termination is in the child’s best interest and that parental fault exists.  When a district court fails to make any findings concerning this standard of proof in its order or on the record, this court is unable to determine on appeal whether substantial evidence supports the district court’s ruling.  In the present case, neither the district court’s order nor the record contains findings of fact to support the district court’s conclusions, and thus, we reverse the order terminating appellant’s parental rights and remand this matter to the district court to enter its findings.  

 In re Parental Rights as to C.C.A., 128 Nev. Adv. Op. No. 15 April 5, 2012 

In this case, the family trial court had a two day evidentiary hearing and then failed to either give an oral ruling or a written ruling that explained the findings of facts and conclusions of law to warrant the court terminating your parental rights.

When you say to yourself, I need an attorney for parental rights, call us.

REQUIRED DISCLAIMER

The information about termination of parental rights contained on this page is not intended to be legal advice about termination of parental rights.  Your termination of parental rights matter should always best be evaluated by a Las Vegas family lawyer.  You should treat termination of parental rights with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your termination of parental rights matter.  

At the very least, the best free advice a lawyer can give: consult with a local attorney—multiple times if necessary if you insist upon representing yourself.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

Dogs Smell Bad, why this Matters for your Drug Arrest…

Did the police use a dog to sniff out drugs and then arrest you in Las Vegas, Henderson, or Southern Nevada for possession or intent to distribute or sell? 

If so, you should immediately call a Las Vegas criminal defense attorney who has experience with dog sniff drug cases.  Say nothing to the police before, during, or after the arrest.  In fact, say nothing to everyone except your criminal defense attorney.  Failure to remain silent could greatly negatively impact your defense.

Can the police use a drug dog to sniff out narcotics or other contraband? 

Yes!

Why?

Because…under the plain smell doctrine, if contraband can be detected by smell, this provides sufficient cause for the police to conduct a search without a search warrant if exigency so demands.  (Exigency means that the search has to be done now because waiting would cause some problem—i.e. the evidence would disappear).   Often, though, and depending on State or federal law, the police officer will wait for a magistrate to sign a warrant to conduct the search.  The same rules apply if a drug dog detects the odor. The plain smell doctrine is articulated in the United States Supreme Court opinion of Johnson v. United States 333 U.S. 10, 13 (1948).  As you can see, this rule has been around since at least 1948.  It is an extension of the “plain sight rule” which says that evidence indicating a crime has occurred that is in the plain sight of the police officer can be used as evidence even absent a search warrant.

Recently, though, the courts are questioning this police dog plain smell rule.  In California, for instance, a package of marijuana reeked and the police conducted a warrantless search.  Upon conviction for possession, the defendant appealed and now the higher courts are deciding whether the plain smell rule is constitutional and a valid extension of the “plain sight” rule. People v. Robey (S197735). 

Plain smell is more problematic than plain sight. For instance, a package may smell of drugs because it was somewhere that drugs had been, but the package itself contains private belongings of an innocent person.  This is perhaps one of the more compelling reasons to prevent officers from relying on the sense of smell, whether by their own nosy noses or those of their dogs.

Attorney Louis C. Schneider has had recent success in a huge criminal case involving drugs, interstate transport of drugs, and police dog sniffing out drugs.  After rigorously reviewing the evidence, the police procedure, and filing a motion with the criminal court, it was apparent that the police procedure that the police officer and the police dog used was illegal.  Louis Schneider will use the same diligence in reviewing the evidence against you when a police dog results in your arrest for possession of drugs in Las Vegas, Henderson, Clark County, or Southern Nevada.

REQUIRED DISCLAIMER

The information about Las Vegas drug criminal charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas defense lawyer should always evaluate your criminal law matter as soon as possible.  You should treat your drug charge with the seriousness it requires.  Moreover, the information contained in this blog is not intended to guarantee any result.  Each case is unique and will require special attention by a criminal defense attorney.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

Free Legal Advice after your Domestic Violence Arrest:

A Las Vegas domestic violence lawyer will assist you through your criminal proceedings and provide you the best possible defense given the situation. A domestic violence charge in Las Vegas is no laughing matter.  It can haunt you across state lines and over many years.  Domestic violence can affect Las Vegas child custody, job options, gun ownership, and sentencing at future criminal convictions.

Do not count on your significant other that you are alleged to have attacked helping you.  Your "victim" including your spouse does not have to testify for you to be convicted of domestic violence. 

If you have been arrested for domestic violence in Las Vegas, you should hire a lawyer with experience handling domestic violence.  Louis C. Schneider, a former Las Vegas prosecutor, has been defending tourists and residents of Las Vegas for many years and has handled hundreds of criminal cases, including domestic violence cases.

You need a Las Vegas domestic violence attorney who has experience.  Your attorney will review the police report, witness statements, and other evidence soon after your arrest for domestic violence.  Furthermore, a Las Vegas domestic violence lawyer shall look for procedural defects with the police report, including jurisdictional, legal cause for the disturbance call, and appropriate maintenance of evidence. A Las Vegas domestic violence attorney will interview witnesses for the defense and the prosecution.

It is necessary for a Las Vegas domestic violence attorney to do the above steps in order to negotiate a deal or prepare for domestic violence trial.  Even if this is only your first offense, it is important to treat your defense aggressively because any future charges could completely devastate your life.

We offer the below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas domestic violence charge.  Call as soon as possible and speak to no one else about your case except your Las Vegas domestic violence lawyer.

REQUIRED DISCLAIMER

The information about Las Vegas domestic violence charges contained on this page is not intended to be legal advice about criminal law.  A Las Vegas defense lawyer should always evaluate your criminal law matter as soon as possible.  You should treat your domestic violence charge with the seriousness it requires.  Moreover, the information contained in this blog is not intended to guarantee any result.  Each case is unique and will require special attention by a criminal defense attorney.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

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. 

Las Vegas divorce, Free Advice:

A Las Vegas divorce lawyer will assist you through your divorce proceedings and provide you the best possible representation given the situation. A divorce in Las Vegas is no laughing matter.  It can haunt you across state lines and over many years.  It can affect child custody, jobs options, and many other facets of your life.  In effect, divorce is like death and can be liberating or depressing and it can affect your finances and future happiness.

If you have been served with a divorce in Las Vegas, you should hire a lawyer with experience handling divorce.  Louis C. Schneider, has been representing Las Vegas visitors and residents of Las Vegas for many years and has handled hundreds of family law matters, including divorce cases.

You need a Las Vegas divorce attorney who has experience.  Your attorney will review your chances for obtaining custody of your children, possession of your belongings, alimony, and child support.  Furthermore, a Las Vegas divorce lawyer shall look for weaknesses in your opponent’s case. A Las Vegas divorce attorney will interview witnesses and all evidence you present and the other side discloses.

It is necessary for a Las Vegas divorce attorney to do the above steps in order to negotiate a deal or prepare for a divorce trial (evidentiary hearing).  It is important to treat your divorce aggressively to foster the best settlement possible or to improve success chances at trial.

We offer the below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Call:  (702) 435-2121
Thank you for visiting our family law blog.

Las Vegas DUI Lawyer --- Best Advice, Free of Charge

A Las Vegas DUI lawyer will assist you through your criminal proceedings and provide you the best possible defense given the situation. A DUI in Las Vegas is no laughing matter.  It can haunt you across state lines and over many years.

If you have been arrested for DUI in Las Vegas, you should hire a lawyer with experience handling DUIs.  Louis C. Schneider, a former Las Vegas prosecutor, has been defending tourists and residents of Las Vegas for many years and has handled hundreds of criminal cases, including DUIs.

You need a Las Vegas DUI attorney who has experience.  Your attorney will review the police report, the DUI test results, the factors related to your health and automobile, the conditions of the road and weather, and any other details that lead to your arrest for DUI.  Furthermore, a Las Vegas DUI lawyer shall look for procedural defects with the police report, including jurisdictional, legal cause for the stop, and appropriate testing and maintenance of evidence. A Las Vegas DUI attorney will interview witnesses for the defense and the prosecution.

It is necessary for a Las Vegas DUI attorney to do the above steps in order to negotiate a deal or prepare for a DUI trial.  Even if this is only your first offense, it is important to treat your defense aggressively because any future charges could completely devastate your life.

We offer the below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas DUI charge.  Call as soon as possible and speak to no one else about your case except your Las Vegas DUI lawyer.

When you say, I need a criminal defense lawyer in Las Vegas, call us.

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. 

Car wreck in Las Vegas and Need a Lawyer for Personal Injury

You are just driving along, being careful, and BAM! some jerk who was following too close rear-ends you.  You may have a little or a lot of damage to your car, neck, and shoulders.  The rear ender may have a lot of insurance and assets, or very little.  One thing is for sure, you do not know how to go about dealing with the person and his insurance company.

Car accident lawyers advertise all over the place.  Doubtless you have seen many billboards, TV commercials, and magazine ads.  You have heard about car accident attorneys on the radio.  There is a reason for this.  There are a lot of car accidents and a lot of people and insurance companies who are only impressed to settle if an attorney for the plaintiff deals with them.

Personal injury law for car accident cases involves proving the driver that hit you was at fault and caused you damages.  But, it also involves investigating the assets of that driver and being shrewd and aggressive while pursuing compensation for actual damages and pain and suffering.

Louis C. Schneider is an experienced car accident lawyer in Las Vegas and will work with you to determine the most appropriate solution for your car accident personal injury lawsuit. During the process, he will protect your financial interests and work to get you the largest reward possible under the circumstances.

An experienced Las Vegas car accident lawyer handles the full range of personal injury law issues involved in car accident cases. If you have been injured and you think you will require a Las Vegas car accident attorney, give us a call. We can provide experienced representation and a caring and supportive team.

•    Our experienced Las Vegas car accident lawyer can guide you to the appropriate non-legal help you need

•    Our experienced Las Vegas car accident lawyer will be by your side through the legal process and inform you of your rights and options.

•    If the issue ultimately leads to legal action, our experienced Las Vegas car accident lawyer will prepare you for your court date and take on all the legal angles to fight your case.

•    An experienced Las Vegas car accident lawyer will gladly answer any questions you have concerning your case.

Don't get lost in the shuffle with a national law firm. Instead, hire a local experienced Las Vegas car accident lawyer who will give your case the personal, caring attention it deserves.  Our experienced Las Vegas car accident lawyer is conveniently located in downtown Las Vegas to serve you.

Can same sex married couples get divorced in Las Vegas?

It is possible to get divorced in Nevada if you were married in another state in a same-sex marriage.   

Need a family law attorney for a divorce in Las Vegas?  Call a Las Vegas divorce law firm at  (702) 435-2121.

The Law Offices of Louis C. Schneider recently divorced a same-sex couple in a Las Vegas District Court.  The judge found that the United States Constitution, Fourteenth Amendment, provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States […] nor deny to any person within its jurisdiction the equal protection of the laws.”

The court further found that “if there is state regulation impacting an individual’s constitutional rights, the burden is upon the government to show that the law is necessary to achieve a compelling government purpose.”

The judges ruled:

Cleary, same sex couples, either lawfully married in other states or wanting to become married, are similarly situated couples in relation to heterosexual couples, and therefore, are entitled to the same protection under the law.

An argument to maintain the “tradition of marriage” being between a man and a woman would result in maintaining the historical discrimination against same sex couples.  This argument would allow discrimination for the sake of tradition.  The U.S. Constitution does not discriminate.

The court found that is has “jurisdiction to divide property in this matter, and to divorce the parties under the full faith and credit clause, as [the parties] were married in California when California recognized same sex marriages."

Therefore, at least one family law judge in Las Vegas recognizes the power of a Nevada District Court to divorce same sex couples married in another state.  A precedent has been set, however it is possible that not all family court judges in Las Vegas would agree with this decision.

However, Nevada does recognize domestic partnerships, which after a few years would be treated like divorces in family court--therefore, it is possible that all judges could be persuaded to recognize out of state same-sex marriages for purposes to overseeing divorces.

When you consider that Nevada has also the most liberal jurisdiction requirements to get divorced, Las Vegas may be the place to come for a same sex divorce.  In order for a Las Vegas divorce court to have jurisdiction over a divorce, at least one of the parties has to live in Nevada for six weeks with the intent to remain indefinitely.

Your experienced divorce law firm in Las Vegas will fight to look out for your interest in a Las Vegas divorce court. You need a Las Vegas family law attorney who is experienced with divorce.  Las Vegas divorce attorney Louis C. Schneider who represents individuals in family law cases involving child custody and divorce.

Your family law firm in Las Vegas should be the Law Offices of Louis C. Schneider and Associates, which is located conveniently near the courthouse in Downtown Las Vegas.  Call a Las Vegas family law firm at  (702) 435-2121.

REQUIRED DISCLAIMER

The information about Las Vegas divorces contained on this page is not intended to be legal advice about family law.  A Las Vegas domestic relations lawyer should always evaluate your family law matter as soon as possible.  You should treat your divorce with the seriousness it requires and hire an experienced professional divorce law firm located in Las Vegas.