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Jay L Siegel
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Jay Siegel’s Answers

13 total


  • What is the outcome that could happen

    Not sure if this is correct topic. In 2011 my boyfriend was pulled over charged with reckless driving. He went to court and had to pay 1000 in fines. He was picked up yesterday for child support for his son that lives with him. He is on a hold unt...

    Jay’s Answer

    It depends on the Judge. Some will release him and give him additional time to pay or do community service. Some Judges will give him credit time served and close the case. Henderson Municipal Court Judges tend to more strict than Henderson Justice Court based upon the nature of their respective case load.

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  • Second dui question

    I received first dui in jan 2014 and second in march 2014. I took blood test on both. the blood results came back to dmv for first dui and my license will be suspended for 90 days. paperwork says I can apply for restricted after 45 days. I go t...

    Jay’s Answer

    Please NOTE there is a difference between a .08 DMV suspension and a DUI conviction. Each DMV .08 violation is ONLY 90 days and you are eligible for a Restricted after 45 days. If you pick up a new DUI while driving on a temporary or a restricted DMV will not issue you a new one until the suspension period has lifted. If you are convicted for a misdemeanor DUI the first conviction within 7 years is 90 days, the second DUI conviction within 7 years is ONE YEAR (no restricted license available). Also, EVEN IF you plead the 2nd DUI to a DUI-1st DMV will still take the license for 1 year - some attorneys don't advise their clients who are pleading to a "lesser" DUI-1st. You stated you are going to do some community service - I would rather see you attend the Coroner DUI Program and some additional alcohol counseling instead. It is more helpful for you and for your attorney representing you.

    I hope that answers your question.

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  • Fraud + False Pretense + Grand Larceny

    I Contractually hired someone to do a job for me. Prior to signing the contract, I researched him & his name surfaced online with several arrest records in Vegas. When asked about it, He said that he is mistaken for that person all the time + that...

    Jay’s Answer

    Contact the police. It does not sound like you will get your money back. People who do this are more concerned about police involvement than anything else. Finally, if the person is a licensed contractor, which I doubt, you could also call the NV contractor's board for assistance.

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  • Restricted license in las vegas

    can i get a restricted license after 45 days if my second dui is still pending?

    Jay’s Answer

    The DUI and DMV hearings are separate entities. If your suspension is from DMV for having a blood/breath alcohol level above .08 or a prohibited substance above a certain level, i.e. marijuana, then you can receive a restricted license after 45 days of suspension. BUT, if you suspension occurred as a result of your second DUI CONVICTION within seven years, then the suspension will be for a full year and you cannot get a restricted license. Considering that you state that the second dui is still pending, you should be able to get a restricted license. You should call NV DMV and ask to speak to your case worker who can tell you about your eligibility.

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  • I was caught stealing from walmart and giving a court date.

    I was caught stealing from walmart, they found a few sodas and candy in my bag and my friends bag, they took a picture of us and then they made us fill out a Municipal court paper, it says for Petit Larceny, under NRS 205.240 and I had to sign to ...

    Jay’s Answer

    Many times in your particular court, the Prosecutor will discuss with your attorney the possibility of a resolution that allows you to have the charges dismissed. If the charge is dismissed, under Nevada law, you could have the matter sealed from your record - very important. You should discuss your options with an attorney and do so BEFORE the initial court date.

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  • Do i need a dui attorney for my first offense?

    I had a 1.38 percent when i did the breath test. I got pulled over for speeding i was going 72 on a 45 the cop said on the report. I went to a dmv hearing to get my license back but the cop showed up and now it is suspended until my court date whi...

    Jay’s Answer

    A DMV hearing is not the criminal case. You should know that the amount of proof necessary for a DMV is significantly lower than a DUI conviction. Do not let that event discourage you. You should interview several attorneys in your City and decide whether to hire an attorney. Remember you do not want any attorney, you want the right attorney for you.

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  • Why does it show Finding: Guilty on my record if i stayed out of trouble for 1 year for a case of solicitation?

    I was charged with solicitation in the state of Las Vegas and I took a class, paid the fine, and stayed out of trouble for 1 year complete year. I was under the impression that this would be showing up as dismissed. I requested my record a year ...

    Jay’s Answer

    If you have the court records, you need to look at the court record for the date that you entered into your negotiation. It is possible that you entered into a plea of no contest and did not realize you would still have a conviction. Remember that you can order the court transcript to see if the court clerk made an error. If the transcript shows that the case should have been dismissed, you can go back to court to correct the error. Until you do so, you will have this conviction on your record.

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  • I now live in Las Vegas. I got a DUI in Arizona and didn't finish "paying fines" meaning, I didn't complete the 10 days in tent

    city, they were full everytime I tried to go. I even tried to do house arrest once I moved to Las Vegas to complete my stuff. I have not completed, I still have an Arizona Drivers lisence (they dont expire for 50 years!) What can I do to comple...

    Jay’s Answer

    You need to contact an AZ attorney and straighten this out. First, you are probably in warrant - not good. Second, your license is most likely suspended, so you are driving illegally. Under NV law you, NV will not issue a valid license until you clear your AZ problem. Then again, if you are able to get a NV license, it means that AZ does not have a hold on your privileges.

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  • I was arrested for DUI but was never formally charged & my case never went to court. Now almost 2 yrs. later the DMV is

    suspending my license. They say that my blood level was over the legal limit, & that gives them the right to take my license for 3 mo. regardless the fact that I was never charged with a DUI by the state.

    Jay’s Answer

    DMV is correct - if your BAC was .08 or more the DMV will suspend your license for 90 days. If you are still in the suspension period, then you can request (or better have an attorney request) a DMV hearing. This will allow you to challenge the finding. Because, if you do nothing then the suspension will go on your DMV record and you will need to get an SR-22 insurance for 3 years before you can reinstate your license. While you challenge the DMV you can get a temporary license.

    Finally, it is possible that you have been charged but notification went to a bad address. You should check with the court to make sure you are not in warrant.

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  • Tryin to find out how much im going to have to pay for a lawyer for my dui case

    want to find out if i should get a lawyer an if so how much it will cost me for my dui case 1st, offense

    Jay’s Answer

    You should definitely interview some attorneys - 2 to 5. Many attorneys will sit down with you at no charge and generally discuss what to expect on your DUI case. You should know your exact court and prepare a short summary of the event and have a list of specific questions that you want answered. I expect to spend between 15-30 minutes with a potential client and generally do not charge for an initial conversation.

    When interviewing the attorney, you should see whether you are comfortable with the attorney, his/her office, his/her staff, and have an idea whether that attorney will be the one handling your case. You also need to determine whether this attorney has the time to devote to your case.

    No one likes paying fees. But, remember if your attorney charges lower than average is the attorney staying in business by having a large volume of cases? If the attorney spends alot on advertising and charges very little - how is he/she paying for this. You need to understand the economics of the practice. If you charge discount prices, you have to make up for it with a HIGH volume of clients. So, paying a small fee may mean getting a small amount of attention.

    Finally, you should always get an attorney. The prosecutor and Judge are not there to assist you, they are there to convict you and end your case as soon as possible. It is up to your attorney to advocate on your behalf.

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