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Thomas D. Boley

Thomas Boley’s Answers

646 total


  • My wife made a statement accussing me of strangling her. i didnt go to jail but there is an event number.. do i have a warrant?

    can she retract her statement?

    Thomas’s Answer

    You possibly have a warrant for you arrest, or you might soon. These can sometimes take a month or longer to surface. If you somehow find out that you have an arrest warrant, there is a procedure that can be used to keep you out of jail. First of all, we would file a motion to quash. On that day, we would personally escort you to pretrial services, where a short interview would be held. That information is then delivered to the domestic violence judge (Judge Tobiasson) and we make an argument to a walk thru arrest. If the request is granted, you will be booked into the Clark County Detention Center, but you will not be held. This takes approximately two hours.

    DV with strangulation is a felony. In felony domestic violence, the victim cannot simply retract her statement. Felony DV is very complex, and requires an experienced DV attorney.

    See my domestic violence blog at my law firm's website. We are passionate about domestic violence law and protecting the rights of the accused.

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  • Las Vegas, what minimum-maximum penalties for a non injury hit and run DUI ? Nv.

    Hit a parked car did significant damage, and drove about a block when neighborhood people yelled at me to stop. Admitted to prescribed medication but blood test will surfely be positive for marijuana.

    Thomas’s Answer

    Injuries are the key. DUI is generally a misdemeanor unless injuries are caused. Hit and run is the same without injuries.

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  • I'm eight months pregnant and I have a warrant for driving without my license. Should I turn myself in

    Bail is set for 1400, should I turn myself in. I'm also high risk and have a c section in 3 weeks. Will I be released before then

    Thomas’s Answer

    If you are less than three times in warrant, you can hire a lawyer to quash the warrant and get you on a payment plan. Your only other option is to simple go to jail. Your pregnancy is irrelevant. You can give birth in the Clark County Detention Center, because they have a medical facility. If they arrest you after the birth, they will simply send your child with CPS.

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  • When all else fails and I start stressing I just ask you. Can Nevada State Bank refuse to give me the money in my account?

    And can they refuse to close my account? I know that if it is closed they will re-open it for any debts that come in and then charge you a insufficient funds fee and I believe that after 30 days of a zero balance they close it. Thanks in advance.

    Thomas’s Answer

    Closing an account when you know you have outstanding checks is a crime. The only reason you have not been prosecuted is payday loan companies are specifically not allowed to be considered victims of check fraud. They can continue to pursue you until you resolve the debts or declare bankruptcy.

    The bank is completely within their rights. It costs them money when you bounce checks.

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  • Do I Need A Specialized Tax/Retirement Plan Attorney in Las Vegas?

    I will be purchasing an existing business in Las Vegas with 3 partners. We all have 401K’s. I read we can use our 401K to fund the business. I am told we can do this through a C-Corp. It is suggested online that I find a lawyer who specializes in ...

    Thomas’s Answer

    Yeah, you need legal advice. The 401k issue will require some legal research and a tax opinion. You may need both a CPA and a lawyer. My partner does complex business acquisitions, but we do not quote prices online. It would not be prudent to quote a price before we saw exactly what you are looking to be done. Depending on the nature of your business, this could be a lot of work.

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  • I was living with a boyfriend at the time ans he bought me gifts can i take the gifts with me when i move

    lot of gifts but he trying to get some back

    Thomas’s Answer

    The gifts are technically yours, but I would not let emotions cause a legal dispute. Unless the gifts are very very expensive, it would not be worth the battle in a court. Try to work it out.

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  • Does the gross misconduct of an appointed attorney in a conspiracy to commit wire fraud case merit a case dismissal?

    Claims against court appointed attorney in Las Vegas Inadequate communication - failed to return calls and e-mails asking for counseling / advice concerning major issues during pretrial Lack of Diligence - Ignored information / ev...

    Thomas’s Answer

    You have court appointed counsel. Unless you are willing to hire investigators and fund a defense, court appointed counsel has little duty to investigate. Court appointed counsel simply needs to protect your rights and observe the basic standards of diligence in our profession. In many cases, that equates to simply conveying plea offers from the US Attorney (or other prosecuting agency) in a "take it or leave it" fashion. Having done some public work myself, there is little budget to pay for the type of investigations that many clients desire. There is a world of difference between public and private representation. It is not that public attorneys and court appointed attorneys are untalented. The bottom line is that defense costs money. When you privately hire counsel, they will advise you how much a defense of this caliber will cost. Keep in mind, investigations must be done by a private investigator that is hired by the attorney at your expense.

    Public attorneys are obligated to protect your basic rights. Private attorneys have an incentive to make sure the client is fully satisfied.

    If you are innocent, you have to maintain your plea of not guilty. You entered into a plea bargain, and it is very difficult to withdraw a plea bargain. You could still hire private counsel to review the plea bargain and attempt to withdraw it. But, once you have signed a plea bargain, it is very unlikely that it can be withdrawn. Perhaps you could hire private counsel to argue sentencing.

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  • If as I am an undocumented person were to shoot a house intruder with gun bought at gun show what would happen

    immigration question

    Thomas’s Answer

    If you are an illegal alien, it is a B felony for you to be in possession of a firearm at all. You would likely go to prison.

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  • How do I label my Exhibits for my pre-trial memo? Can I group together Under one exhibit similar exhibits? How do I label it?

    I am a pro-se litigant. As Defendant (counter claimant) I am told to use Letter designations.

    Thomas’s Answer

    That is the tradition, but it doesn't matter.

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  • Should I cooperate with detectives? Narcotics unit knocked on my door said i sold to undercover and want me to cooperate

    Should I cooperate with detectives? Narcotics unit knocked on my door, pulled me out of the house put me in handcuffs, said they had me on two controlled meth buys and escorted me into my home. They told me if I cooperated it would all go away...

    Thomas’s Answer

    If you are even thinking about offering testimony, you are opening up Pandora's Box. You need a lawyer to make a deal like that work to your benefit. Call a private criminal defense attorney now. There is no way around it unless you want to be known to dangerous people as a rat AND go to prison.

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