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Paul J Adras
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Paul Adras’s Answers

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  • Arrested for Domestic Violence, was there a several hours and charge was denied. Was I still convicted or charged in any way.

    I was arrested in 2010 for a domestic violence I was taken in was there for several hours, I was then released without going to court or anything. When I pull up the record of the arrest it states charge denied and that the case was closed. Howeve...

    Paul’s Answer

    If you were arrested for this crime in Las Vegas, the record of the arrest will be on your SCOPE, or criminal history record, with the Las Vegas Metropolitan Police Department. It may also appear on your state and federal criminal history record as well. Based on your question, it is likely that the record of the arrest does show up on your state criminal history record. Since the charges were denied by the prosecuting agency, you were most likely not formally charged with the crime. You should consider sealing your Nevada criminal history record.

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  • Can alcohol ankle monitors detect marijuana?

    I am waiting to be sentenced for my 1st DUI, I am currently on an ankle alcohol monitor. I was around people who were using marijuana in a small area. Will this show up and if so what should I do?

    Paul’s Answer

    The alcohol monitoring device, or SCRAM, specifically detects alcohol only. There are other testing methods that can detect marijuana and other drugs. If you are not a regular user of marijuana, then being around others for a short period of time probably will not result in a positive drug test for marijuana. Marijuana is a lipid soluble substance, meaning that it absorbs into fat cells, and is excreted by the body slowly over a period of days or weeks, depending on how much one uses. You should stop using marijuana immediately.

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  • What if I plead not guilty and meant to plead guilty to my 2nd dui and running red light?

    This is my 2nd dui in 4 years. I cannot remember for the life of what I plead. I meant to plead guilty. No on was with me either. They gave me a future hearing in another month. Under hearing type it says 'bench hearing' does that mean I said not ...

    Paul’s Answer

    If you were convicted of the first offense DUI four years ago, your new DUI will be charged as a second offense DUI. In Nevada, DUI penalties increase for a second offense, but it is still a misdemeanor. A third DUI offense within seven years is charged as a felony in Nevada. If no one was with you when you appeared in court, the court should have given you time to retain counsel, or should have appointed the public defender to represent you. Based on your question, it appears that you may have pled not guilty. You should contact the court to find out the status of your case. I suggest that you retain counsel to represent you further on your case, as you are facing more severe penalties for the second offense DUI.

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  • What can an employer in NV find out about fingerprints on file. Will misdemeanor charges show?

    Had a dui in 1999 reduced to reckless but DMV show an id card surrendered. How can I explain that since I will be fingerprinted for a month long job at credit bank and it was in 1999. Will any other misdemeanor charges show from i.e. ME? Thanks

    Paul’s Answer

    If your DUI was in Las Vegas, your local criminal record, through the Las Vegas Metropolitan Police Department, is available. You should go to the LVMPD offices and request a copy of your SCOPE, or criminal history report, from them. After you get your SCOPE you will have a good idea of what your employer may be able to access. Your national criminal history database may be accessible via the Nevada Central Repository, which is operated by the Nevada Department of Public Safety, or through the FBI database. Generally, employers may be able to access this data as well through a thorough search. However, if the employer is only interested in your Nevada criminal history, it may not show up, and they might not locate the out of state record. If you have no other criminal history in Nevada, you should consider sealing your records in Nevada.

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  • What is the average cost of having criminal records sealed in NV?

    How long do you have to wait to request for your criminal records to be sealed? Is it better to request a/an dismissal, expungment or sealed?

    Paul’s Answer

    • Selected as best answer

    In Nevada, Category A and B felonies cannot be sealed for a minimum of 15 years from the date you were released from custody, or from the date you were discharged from parole or probation, whichever is later. Category C and D felonies cannot be sealed for a minimum of 12 years. Category E felonies and gross misdemeanors cannot be sealed for a minimum of 7 years. Most misdemeanors can be sealed after two years. Misdemeanor battery/domestic violence and DUI convictions cannot be sealed for 7 years.

    The Nevada Revised Statutes allow for the sealing of records, not expungement.

    The first step for you is to determine which category of felony you were convicted of. Then you will be able to determine whether you are eligible yet to seal your record.

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  • I'm 19 i just arrested 3 weeks ago for theft and burglary i got charged with 2 felonies what am i facing when i go to court?

    I posted bail but my court is tomorrow May 18 2011. This is my first offense it was all because i got threaten by some guy that said that he knew my step dad and said that he was going to hurt me and my child if i did do what he said. this guy tha...

    Paul’s Answer

    You should appear in court, and advise the judge you are in the process of retaining counsel, and request a continuance of the court date. You are facing serious charges, and you should consult with a Nevada criminal defense attorney immediately to go over your options.

    Regards,

    Paul J. Adras, Esq.
    4532 W Charleston Blvd
    Las Vegas NV 89102
    (702) 463-4200

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  • What will be the sentencing from the judge for 2nd dui in lasvegas? The first was in 2005 and the 2nd in 2011

    what will the judge sentence if i had a dui in 2005 and just got ine recently may 16th 2011

    Paul’s Answer

    If you were convicted DUI first offense within the past seven years, you will be charged with DUI second offense. For specific penalties for DUI second offense, please refer to my legal guide entitled "DUI Convictions in Nevada." You should consult with a Nevada DUI attormey right away.

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  • My wife press charges agaisnt me for domestic violence?

    But now she does not want to through with the case what can we do to resolve this?

    Paul’s Answer

    Once the police investigate and forward the information to the prosecuting agency, the prosecuting agency will determine whether to file a criminal complaint against you. There are a number of steps you can take to properly and vigorously defend yourself. For further information please visit www.batterydomesticviolence.com

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  • Will I be drug tested at my trial date?

    I was pulled over almost 3 months ago now and the police searched the car (which is in my mothers name) only to find marijuana (under an oz.) and a pipe and scale. I was cited on my ticket with one possession charge and one paraphernalia charge. ...

    Paul’s Answer

    To best answer this question, I would need to know the reason you were stopped, and the reason for the search. In other words, I need to review the discovery in the case before making specific recommendations to you.

    While it is possible that the court could test you for the presence of drugs at the next court date, it is very uncommon for this to happen in the Las Vegas, Nevada area if you have no prior criminal history. You will want a laywer to represent you in this case.

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  • How do I respond to a job application or employer about a Domes. Violence conviction I plead no contest to?

    One night my boyfriend started a verbal argument and was name calling and I threw a glass of water on his face, he threw buckets of water on me and then on my bed where our baby was sleeping on the heating pad that was plugged in and I jumped on h...

    Paul’s Answer

    If the application and/or employer asks you to disclose criminal convictions, then you will have to disclose your battery/domestic violence conviction on the application and/or to your employer. The factual scenario is not important, unless the application or employer asks for an explanation. In Nevada, if you pled no contest, the judge most likely adjudicated you guilty of the offense. You cannot have a criminal conviction expunged in Nevada. Rather, you may be able to go through the process of having your record sealed. Once a record of a criminal conviction is sealed, you may truthfully say that you have never been arrested for the offense. For further information on record sealing in Nevada, please visit www.recordseal.com.

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