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Cal Johnson Potter
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Cal Potter’s Answers

105 total


  • I have an extortion case filed against me in 2008. I am longer in country. What is the statute of limitation on extortion in NV?

    I couldn't for financial and security reason to fight this case in court. I am not only innocent but i was framed for being a whistleblower. The retaliation was in a form on wrongful accusation of extortion. I received threats but i resist and p...

    Cal’s Answer

    I agree with the other attorneys that the statute of limitations is not a defense in this matter if the chages were filed within the four years of the incident. The warrant is outstanding and will remain outstanding until you are arrested or you hire an attorney to file a motion to bring the matter to a resolution. Each case has its own merits and defenses. The resolution will depend on the attorney you hire and whether the state of Nevada has an interest in still pursuing the case. ie. witnesses availability and other proof issues.

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  • Regarding testimony on the stand

    What is impeachment of a witness on the stand, in a trial?

    Cal’s Answer

    The impeachment of a witness is to challenge the truthfulness of a witness usually when the witness is being cross-examination. A witness can be impeached by a prior felony conviction if it is within 10 years and deals with a matter of truthfulness. Another method used to impeach a witness is challenge their in court testimony with a prior out of court statement that contradicts or is inconsistent with their current testimony. A current method used by attorneys is what is soft cross-examination where the attorney presents a factual situation that tells the attorney's side of the case and the story impeaches or challenges the witnesses statement.

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  • What constitutes assault ?

    My 9 year old son was assaulted by an older bully in school. What actions can be taken with the parents ?

    Cal’s Answer

    Nevada Law caps damages for parents for the actions of their children at $750.00 for most tort actions. (civil wrongs like assault). Your best bet is to go to the school district and file a complaint. The school is required by Nevada statute to do a full investigation of allegations of bullying. If the school district has been advised of the harassment and has failed to take the appropriate action you may also be able to file an action against the school district. You will need to find an attorney in Reno that has experience in matters relating to the school district and civil rights violations.

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  • Can I sue?

    I was arrested on Saint Paddies day (a event making it legal to be drunk on city streets) on second street for intoxicated pedestrian, and having a open container. I had a designated driver with me, when we left the bar, the police pulled over and...

    Cal’s Answer

    You should consult an attorney who is willing to try and does try cases in Municipal Court. Some of your assumptions are incorrect. It is not legal to be drunk on city streets. However, your attorney would be able to challenge the stop if there is not a reasonable suspicion for the stop. Likewise, if the officers were allowing other people to have open containers you can have an argument for selective prosecutions.

    If you intend on suing the police you need to have the case dismissed. United States Supreme Court law will preclude you for suing for a wrongful arrest if you have been convicted of the underlying misdemeanor charge.

    Not all attorneys that practice criminal law in Reno know about the procedural pitfalls of civil rights actions. There are a couple of attorneys in Reno who do practice in both areas. You should make sure that you have found an attorney who knows and practices in both areas of law.

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  • PLRA in nevada

    Is the Prison Litigation Reform Act applicable in the state courts of Nevada? Has the Nevada Supreme Court addressed the issue before? If so, please cite the authority. Thank you

    Cal’s Answer

    • Selected as best answer

    The PLRA is a Federal statute that requires full exhaustion of federal civil rights claims before filing in either state or federal court. You should be advised that Nevada has three tiers for grievances. It includes the final appeal to the warden at your institution before filing. You should be aware that a 42 USC 1983 action can be filed in State or Federal Court, however, the Attorney General usually will remove the civil rights case to Federal Court. In the Federal Court the State of Nevada has 11th Amendment immunity. You cannot sue the State or an officer in their official capacity in Federal Court. Pursuant to a United States Supreme Court case Will v. Michigan you have to sue the officer, caseworker, director or warden in their individual capacities. The Prison Legal News, headed by Paul Wright can provide you with further specific information on their web cite.

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  • How long does the DA have to decide they're going to move forward with charges?

    When someone presses charges for assault or petty theft (misdemeanor), how long would it take to have it sent and reviewed by the DA office? How long would it take for a decision to be made by them? What would make the DA decline charges...

    Cal’s Answer

    The filing of misdemeanor charges is based upon the Nevada Revised Statutes which governs misdemeanors in Reno and Las Vegas as well as the rest of the state of Nevada. The statute of limitations is one year. Accordingly, the prosecutor has a year and one day to file the misdemeanor complaint. The District Attorney in Clark County has adopted a procedure that if they have decided not to charge on a misdemeanor they will send-out a letter stating that they have decided not to file the complaint, but reserve the right to file if they become aware of further information.

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  • Do i need a attorney

    Completed Probation and now am eligible to have my felony reduced to a misdemeanor. Can i easily without problems represent myself to have the charge reduced? If it somehow went bad can i come back with a lawyer?

    Cal’s Answer

    It has been often said that a person that represents themselves has a fool for a client. You should consult with an attorney concerning your options available about restoring your civil rights and reducing the charge pursuant to the plea agreement. Most attorneys offer a free consultation. There may also be other information concerning your case. All too often, clients will come into the office and bring-up an issue unrelated to their present problem and they will say, "I wish I had asked that question years ago and I would not have gone through all of these problems."

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  • Can a judge deny me a public defender if he states he's not imposing jail time and then change his mind and give me jail time?

    I was arrested for obstruction of a peace officer.

    Cal’s Answer

    Argensinger v. Hamlin is the United States Supreme Court case that guarantees you the right to the effective assistance of counsel on a misdemeanor if you are facing jail time. Constitutionally you cannot be sentenced to jail without an attorney. You should consult with an attorney in Reno because there are defenses to obstructing a police officer. Many times this type of charge is used for street justice by police officers. It is often referred to as contempt of cop.

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  • Going for ccw licence but had my records sealed will they be able to open them

    had records sealed about 7 years ago for scs will they be able to open

    Cal’s Answer

    The short answer is yes they will be able to unseal the record in what is known as a Brady Check. You should consult an attorney who will be able to go over the particulars of the underlying charges, disposition and the ability restore your civil rights.

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  • What will happen if your parole has been revoked ONE month before your sentence expires?

    My husband is on a p&p hold in the county jail waiting to be transfered back to prison for a revocation hearing. He only has a month left untill his sentence expires. What should he expect? Can they take away the time he's been on parole and make ...

    Cal’s Answer

    It will depend on why he is being revoked, his original charges and the conditions of his release on parole. I agree that it is important that you retain counsel so that you, your husband and family's rights are protected.

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