Cal Johnson Potter’s Answers

Cal Johnson Potter

Las Vegas Civil Rights Attorney.

Contributor Level 10
  1. 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?

    Answered almost 2 years ago.

    1. Cal Johnson Potter
    2. Lester Mike Paredes
    3. Howard Robert Roitman
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  2. Can I get in trouble for leaving an accident if I was the only one involved?

    Answered about 2 years ago.

    1. Cal Johnson Potter
    2. Daniel Nelson Deasy
    3. George G. Trachtman
    4. Steven Mark Sweat
    4 lawyer answers

    You should consult with an attorney in Reno or Sparks. The attorney can contact the law enforcement agency that took custody of the vehicle to determine whether they have referred the case to the hit and run division. The attorney can advise you of your fifth amendment rights concerning the incident.

    3 lawyers agreed with this answer

  3. What is the potential outcome of a second dui during a 90 day stay out Of trouble order?

    Answered over 2 years ago.

    1. Cal Johnson Potter
    2. Robert West
    2 lawyer answers

    This answer is based upon the limited information given in your question. You should contact an attorney who handles DUI matters where you can provide all of the facts and information. The outcome will depend on the Judge, Prosecutor and your attorney. If you have a stay-out of trouble condition, the Court may deny you the reckless and try and impose the suspended sentence which can carry jail time of 30-90 days in Justice Court. Your argument is that you are entitled to a due process...

    3 lawyers agreed with this answer

  4. I got a ticket for being with juveniles who had consumed alcohol when I did not I was 18 and they were 16 what should I do?

    Answered over 2 years ago.

    1. Cal Johnson Potter
    2. Edward T. Farmer
    3. John Leif Fossum
    3 lawyer answers

    This answer is based upon the limited fact provided in the question. I would suspect that you have been charged with contributing to the delinquency of a minor or (Minors). You should be aware that you are held to a different standard because you are an adult and by law cannot allow the juveniles to commit crimes in your presence. You should consult with an attorney who can advise you of the defense that may be available to you in your matter.

    3 lawyers agreed with this answer

  5. PLRA in nevada

    Answered over 1 year ago.

    1. Cal Johnson Potter
    2. Christopher Robert Arabia
    2 lawyer answers

    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...

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  6. How To Ensure A Criminal Claim Is Made

    Answered over 2 years ago.

    1. Cal Johnson Potter
    2. Callista A. Gloss
    3. Mitchell Scott Sexner
    3 lawyer answers

    This anwer is based upon the limited facts that you have provided and are based upon your residence being in Southern Nevada. In the city of North Las Vegas and Las Vegas Metropolitan Police Department a criminal complaint is a written form that is filled-out at the police station. Generallly, after you have filed a written complaint with the desk sgt. a detective from the department will be assigned to the complaint. It sounds like you have already met with a detective or investigator in...

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  7. Arraignment question.

    Answered almost 3 years ago.

    1. Cal Johnson Potter
    2. Michael Brian Lee
    3. Omer Jaleel
    3 lawyer answers

    If your alleged crime occurred in Las Vegas your arraignment will be at 7:30AM in the Justice Court located in the Regional Justice Center on Third & Lewis. Before Court starts you can approach the Public Defender assigned to your courtroom and they will assist you with filling-out a financial form. You do not actually enter a plea at the lower court, but the Court will require that you have counsel appointed before arraigning you on the charges. You have a Sixth Amendment Right to the...

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  8. Restricted license in las vegas

    Answered over 2 years ago.

    1. Cal Johnson Potter
    2. Jay L Siegel
    2 lawyer answers

    The counting by the DMV is based upon the number of prior suspensions. Although your second DUI is pending the DMV is able to go forward with the revocation hearing. You should contact an attorney who you can provide all of the information concerning the charges and status of the matters.

    2 lawyers agreed with this answer

  9. DUI-motion to suppress on constitutionality of stop

    Answered over 2 years ago.

    1. Cal Johnson Potter
    2. Barry Franklin Poulson
    3. Derek Michael Smith
    4. James S. Lawrence
    5. Gregory David Spink
    5 lawyer answers

    This answer is based upon the limited facts presented in your questions. A fourth amendment violation is addressed in any criminal case by what is known as a motion to suppress the stop and the resulting evidence obtained by the stop in what is referred to as the fruit of the poisonous tree. You should consult with an attorney so that you can discuss all of the facts and defenses that may be available to you in your case. The fact that the charges have not been filed at the time of you...

    2 lawyers agreed with this answer

  10. I was caught stealing at walmart in las vegas nv worth 25 dollars they didnt file a report on me or call the cops

    Answered almost 3 years ago.

    1. Michael Brian Lee
    2. Cal Johnson Potter
    3. Harry Edward Hudson Jr
    3 lawyer answers

    The State of Nevada has a law found at Nevada Revised Statute (NRS 597.860) that allows for a civil penalty of from $100.00 to $250.00 plus the value of the merchandise if not recovered. However, many merchants will only send out demand letters for the civil fine to try and get people to pay without going to court. In order to enforce the civil fine for shoplifting they would have to file an action in the Justice Court in the Township where the alleged shoplifting occurred. The Nevada...

    2 lawyers agreed with this answer

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