During depositions, some inexperienced counsel simply object by stating “objection, form.” While some jurisdictions allow such a vague objection, Nevada law is clear that such an objection is improper.

Pursuant to Nevada Rule of Civil Procedure [NRCP] 32(d)(3)(B) “Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.” (Emphasis added).

Nothing about the text of NRCP 32 suggests that a lawyer preserves the universe of “form” objections simply by objecting to “form.” It is necessary to object at a deposition where the “form” of the question (not the nature of the question) is objectionable and a “seasonable” objection would provide an opportunity to correct the form. See e.g. In re Stratosphere Corp. Securities Litigation, 182 F. R. D. 614 (D. Nev. 1998). [Emphasis added]. In questions to which timely objections should be made during the deposition include those which are leading or suggestive; ambiguous or uncertain; compound; assume facts not in evidence; call for a narration; call for speculation or conjecture; or argumentative. Id.

Objection to “form” is a worthless objection as it does not provide any information to the deposing attorney as to the perceived deficiency in the question to allow correction or re-wording. As noted by In re Stratosphere, an appropriate objection gives the deposing attorney notice of the perceived problem with the question and an opportunity to correct it should they wish.

It is true that “many district courts persist in prohibiting lawyers from saying more than ‘objection to form,’ finding additional comment comprises an improper speaking objection.” See, e.g., Valencia v. City of Santa Fe, No. 12 cv 0137 (D. N.M. 2013). However, that is the rule in the district of New Mexico, not the rule in Nevada. In Nevada, our authority comes from In re Stratosphere, which discusses seasonable objections: It is necessary to object at a deposition where the “form” of the question (not the nature of the question) is objectionable and a “seasonable” objection would provide an opportunity to correct the form. Thus, pursuant to NRCP 32(d)(3)(B) and In re Stratosphere, a parties “form objections” would be unseasonable and improper.

In a previous blog post, our Las Vegas Drug Crime lawyer wrote a post regarding common drug crime terminology. Learning what each drug term means is essential to understanding the different types of drug crimes and their charges. The more common types of drug crimes are explained briefly below:

Possession – Drug Possession is one of the more common types of drug crime. While the laws regarding drug possession are different depending on each State, a possession charge can be issued on both a state and federal level as it is illegal to possess controlled substances like heroin or cocaine. Drug possession usually falls under two categories: simple possession and possession with the intent to distribute. Of the two types, simple possession yields a much more lenient punishment.

Trafficking – Compared to possession, drug trafficking is a much more serious type of drug crime. Drug trafficking is the crime of selling, transporting, or importing of illegal controlled substances like cocaine. Drug trafficking is considered a felony and getting convicted for drug trafficking can land you a prison and the offense may be non-probationable depending on the type and amount of illegal drugs involved.

Dealing – Drug dealing and drug trafficking may seem similar, but are two very different things. Drug dealing, like trafficking, varies in definition depending on the State. Unlike drug trafficking, drug dealing is typically conducted on a smaller scale. Drug dealing charges typically yield less severe sentences but like drug trafficking, it really depends on the amount of drugs involved. A large amount of drugs will yield a more severe punishment.

Drug crimes can be charged on both a Federal and State level. State laws regarding drug crimes/charges are much narrower than Federal laws. Getting charged with a drug crime on a state level will yield more lenient sentences while federal levels will yield a much longer sentence and punishment. Drug crime penalties may vary in severity, but if you or your loved one has been charged with a drug crime like the ones listed above in Las Vegas, make sure to contact a Las Vegas drug crime lawyer to fight for you and protect your rights.

The United States Department of Justice has recently endorsed changes in drug cases “that would reserve the harshest penalties for the most serious drug offenders. The Sentencing Commission proposal, first unveiled in January, would lower by two levels the base offense associated with various drug quantities involved in drug trafficking crimes. If adopted, the change would impact nearly 70% of all drug trafficking offenders and reduce the average sentence by 11 months, or nearly 18%, according to the Commission. As an added result of the new proposal, the Commission projects that the Bureau of Prisons population would drop by 6,550 inmates at the end of five years.” If you are charged with a crime contact our Federal Drug Crime Lawyer, Craig W. Drummond, to see if the recent changes to Federal Drug enforcement policy and sentencing would have an effect on your case.

See Attorney General Holder Urges Changes in Federal Sentencing Guidelines to Reserve Harshest Penalties for Most Serious Drug Traffickers

Craig W. Drummond is an experienced trial and criminal defense attorney. Please visit our criminal defense page to learn more about how he can help you fight criminal charges in Las Vegas and the state of Nevada.

Robbery and Burglary in Las Vegas, Nevada:

ROBBERY

In Las Vegas, Nevada robbery is the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:

(a) Obtain or retain possession of the property;

(b) Prevent or overcome resistance to the taking; or

(c) Facilitate escape.

The degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

2.  A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

The Nevada robbery law is found in Nevada Revised Statute 200.380.

If you’ve been charged with robbery in Las Vegas, you should contact a Las Vegas Criminal Defense/Robbery Defense lawyer for help with your case.

BURGLARY

In Las Vegas, Nevada, burglary is defined as an act by a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of burglary.

2.  Except as otherwise provided in this section, a person convicted of burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of sentence.

3.  Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.

4.  A person convicted of burglary who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

5.  The crime of burglary does not include the act of entering a commercial establishment during business hours with the intent to commit petit larceny unless the person has previously been convicted:

(a) Two or more times for committing petit larceny within the immediately preceding 7 years; or

(b) Of a felony.

The Nevada burglary law is found in Nevada Revised Statute 205.060.

If you’ve been charged with burglary in Las Vegas, you should contact our Las Vegas Criminal Defense/Burglary Defense lawyer for help with your case.

Regardless of your charge, it’s important to seek the help of an experienced criminal defense attorney for your case.

Las Vegas Criminal defense lawyer Craig Drummond has been licensed to practice law in both State and Federal courts in Nevada. An experienced litigator, Craig has proven time and again of successfully defending individuals for crimes like murder, rape, kidnapping, assault & battery, and other criminal offenses. If you’ve been charged with robbery or burglary, contact Las Vegas Criminal defense lawyer Craig Drummond for help with your case.

In the military, a servicemember can be placed in pretrial confinement if there is probable cause (reasonable belief) that:
1.) an offense triable by a Court-martial has been committed;
2.) the person confined committed it; and
3.) confinement is required by the circumstances. See Rule for Court-Martial [RCM] 305(d) (Rules for Court-Martial are promulgated by Executive Order from the President of the United States as outlined in chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. §§ 801–946)).

UnderRCM 305(h)(2)(B), within 72 hours of confinement, the servicemember’s commander must make a determination that it is reasonably foreseeable that the Soldier: will not appear at trial, pretrial hearing, or investigation, or will engage in serious criminal misconduct, and that lesser forms of restraint are inadequate.

Under RCM 305(i)(2) the servicemember’s continued confinement is to be reviewed by “a neutral and detached officer” within 7 days who reviews the “probable cause determination and necessity for continued pretrial confinement.” The requirements for continued confinement must be “proved by a preponderance of the evidence.” RCM 305(i)(2)(A)(iii).

There is no known military appellate mechanism to challenge and review the RCM 305(i)(2)(A)(iii), reviewing officer’s finding, and “neutral and detached” status until after the servicemember is charged and the charges are “referred” by the appropriate command to trial by the Military Judge. See RCM 305(j) (the first time that a Military Judge is able to review the servicemember’s confinement is only after the charges have been made and the charges are “referred” to trial to the Military Judge.) Once charges are referred, when determining whether to release the prisoner, the military judge should hold a de novo hearing. RCM 305(j)(1)(B); see also United States v.Gaither, 45 M.J. 349 (C.A.A.F. 1996).

Under Article 10 of the UCMJ [10 U.S.C. § 810] “When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.”

Under 28 U.S.C. § 2241(a) “Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.”

A Writ is authorized if the prisoner “is in custody under or by color of the authority of the United States or is committed for trial before some court thereof…” 28 U.S.C. § 2241(c)(1).

The United States Supreme Court has discussed that it may be proper for civilian courts to intervene in military proceedings for “equitable intervention.” See Schlesinger v. Councilman, 420 U.S. 738, 761 (1975). Further, that such analysis would generally include situations such as “incarceration, or other deprivation of liberty…” Id. at 760.

As recently as 1999, the United State Supreme Court has outlined that military courts themselves are courts of limited jurisdiction and that they can only act in areas where expressly authorized. See e.g. Clinton v. Goldmsith, 526 U.S. 529 (1999.) In that case, the Supreme Court, in their unanimous decision, discussed the military courts limited jurisdiction and noted that a servicemember “may also have recourse to the federal trial court” and outlined the numerous cases and areas of law allowing civilian court intervention in military cases. Id.

Drug crimes can range from minor and moderate to serious and your sentence depends upon the severity of your drug crime and the federal/state statutes of the drug crime. In order to fully understand the severity of a drug crime, you should be familiar with the terminology associated with drug crimes. Below you’ll find a list of drug crime terminology and their definitions.

Controlled Substance – A controlled substance is defined as a substance whose use and distribution is governed by law. Controlled substances are classified by different levels under federal and state statutes. Controlled substances include drugs like steroids and marijuana.

Distribution – Distribution as a drug charge typically translates to a person accused of selling or delivering controlled substances through illegal means. Distribution charges come about when a drug dealer attempts to sell drugs to an undercover officer.

Trafficking – Trafficking is defined as the illegal sale and distribution of a controlled substance. Unlike other types of trafficking, drug trafficking has more to do with the amount of drugs involved when crossing state lines.

Manufacturing – Manufacturing, as defined by federal and state drug laws, is the cultivation or manufacturing of a controlled substance.

Possession – Possession is self-explanatory. Possession of a controlled substance is the most common drug charge made in arrests under local drug laws. There are different types of possessions: Actual possession, constructive possession, and simple possession. Actual possession depicts a situation in which the drugs are on their person while constructive possession depicts a situation in which the defendant doesn’t have the drugs on their person, but a possession charge is still possible under the premise that the defendant had access to the drugs. Simple possession depicts a situation in which the defendant is found in possession of a small amount of controlled substances.

On the subject of possession, drug paraphernalia like syringes or pipes can lead to being charged with a felony/misdemeanor since it is illegal to possess paraphernalia intended or associated with drug use.

Diversion – Diversion is a process that many states allow for first time offenders charged with simple possession of drugs. Diversion allows first time offenders to keep a clean criminal record by pleading guilty and completing a prescribed substance abuse program.

Getting charged with a drug crime and being convicted of a drug offense in Las Vegas will leave you with a criminal record and change your life. If you’ve been charged with a drug crime, contact a Las Vegas Criminal Defense attorney for help on your case.

Unlike automobile accidents, truck accidents are much more serious and complex and will often result in catastrophic injuries or death. Like car accidents, truck accidents happen for a number of reasons including but not limited to the following:

• Speeding
• Driver Error
• Blind Spots
• Mechanical failure
• Inadequate training
• Improper loading/Overloading

Truck drivers are trained to handle large vehicles and usually drive to do their best to avoid any regular vehicles or risks that may result in an accident. Other factors like bumpy roads or strong winds may increase the risk of an accident. The best way to avoid trucking accidents is to take precautions when driving next to one. Below is a brief list of tips on properly sharing the road with a truck.

Maintain visibility

This goes without saying! Your car should always be visible in the mirrors of a truck. Staying within sight of a truck’s blind spot will dramatically decrease your chances of an accident. Staying in sight of the truck driver will allow the both of you to avoid accidents with one another.

Pass a truck on the Left side

Did you know it’s illegal to pass a truck on the right hand side? The reason for this is because most trucks have a large blind spot on their right side. If a driver is making a right hand turn or lane change, the chances of the truck seeing your car as it makes a turn is practically non-existent. By passing a truck on its left side, you have a better chance of not getting crushed by the truck.

Avoid driving in front of a truck

Unless you and the truck have great distance between each other, avoid driving in front of a truck or slowing down since trucks require a larger stopping distance than cars and won’t be able to make sudden lane changes when a car immediately brakes in front of them. By driving closely in front of a truck, you risk the chance of a rear-end accident. Give your car and the truck a large enough distance gap or avoid driving in front of the truck.

No Tailgating

By tailgating a truck, not only are you and your car within the truck drivers blind spot, you also risk death if the truck brakes suddenly and your car goes under. This accident is the easiest to avoid, yet it still happens. Do not tailgate a truck.

Maintain a safe distance

Lastly, maintain a safe distance between your car and the truck. Give enough space for a truck to pass you, especially if the truck is attempting a lane change or turn. Use sound judgment.

If you or someone you know has been a victim of a trucking accident in Las Vegas, the first thing to do is seek medical attention and then contact a Las Vegas Truck accident lawyer. Determining who is responsible and what caused the accident is much more complicated with trucking accidents than car accidents since there are so many people involved such as the truck driver, the truck owner, or the company leasing the truck.

Despite the recent improvements in technology and road safety, car accidents are still happening all around the world. Car accidents are one of the leading causes of injury and death in the U.S. Car accidents are traumatic experiences that can leave you physically and mentally scarred. Car accident causes can be broken up into two categories: driver error and everything else (uneven roads, extreme weather conditions, etc).

What is Driver error?

Driver Error is the single leading cause of car accidents. Driver error can be defined by many things but is consistently associated with distractions that cause a driver to become negligent. Driver error encompasses all the distractions listed below:

• Cell phone usage
• Texting while driving
• Speeding
• Unsafe lane changes
• Driving under the influence of alcohol and drugs
• Fatigue

The errors listed above only constitute the most common driver errors. The leading distraction contributing to driver error is cell phone usage, while speeding and fatigue are a close second.

What causes Driver error?

Driver error is perpetuated by the myth of multi-tasking and an overconfidence of abilities. As recent studies have shown, our brains aren’t hardwired to be able to perform two important tasks at the same time. When we attempt to multitask, our attention is just toggling between two tasks at a rapid rate, which leads to poorer decisions, delayed reaction times, and poorer performance on the tasks at hand.

Overconfidence, on the other hand, causes drivers to make reckless decisions that endanger themselves and others around them. Overconfidence is what spurs drivers to speed or make unsafe lane changes which leads to poor judgment that can cause a car accident.

Overconfidence in abilities and multitasking causes driver errors by impairing driver decision and splitting attention.

Regardless of what causes driver error, the important thing to take away from all of this is that driver error is something that can be completely prevented:

Follow the speed limit. Don’t text and drive. Don’t drive while buzzed or drunk. Pull over if you’re falling asleep at the wheel. Use your signals while changing lanes.

Personal injuries sustained from car accidents can have a lasting impact on you and your family. Aside from the physical injuries inflicted the trauma of a car accident will likely stay with you. In extreme cases, there have been studies of car accident victims suffering symptoms similar to PTSD following a car accident. If you or someone you love has been injured in a car accident due to driver error, contact our Las Vegas car accident attorneys today for help on your case.

Our Las Vegas auto accident attorneys will be able to refer you to medical professionals to get the care and treatment you need and deal with the insurance companies in your stead. For most of our personal injury cases we work on a contingency fee basis meaning you don’t pay a dime. Our fees will be collected from the amount of your recovery. Drummond Law Firm is a highly experienced law firm in personal injury matters both in settlement and litigation.

Assault & battery are two similar but different crimes of violence. The penalties for assault & battery depend on the level of the assault or battery. In order to determine the difference between the two, you should have a general knowledge of what defines assault and battery.

In Las Vegas, criminal defense lawyers define assault as a threat to harm, but no physical contact or violence against the victim. Assault charges are typically based on the defendant inflicting the fear of imminent harm to the victim. In contrast to assault, battery is much more serious due to the intentional use of force to harm another person. Battery charges are based on the violence and harm inflicted on the victim by the defendant. There are three levels to assault & battery:

• Simple
• Aggravated
• Felony

Penalties for assault & battery depend upon the severity of the offense and whether a weapon was used during the encounter. The severity of each offense is listed above with simple being the less severe and felony being the most severe. As our Las Vegas criminal defense lawyer can attest, the use of a weapon in an assault & battery case in Nevada will yield stricter, harsher penalties, a longer prison sentence, and a much larger fine. Below, you’ll find a brief outline of the penalties for assault & battery. If you’ve been charged with assault or battery, contact our Las Vegas Criminal Defense lawyer today for help with your case.

Penalties for Assault in Nevada

• Assault without a weapon is considered a misdemeanor and may result in a $1000.00 fine and/or six months in jail.
• Assault with a weapon is considered a felony and may result in a prison sentence of 1-6 years and/or a $5000.00 fine.

Penalties for Battery in Nevada

• Battery without a weapon and no considerable harm done to the victim may result in a prison sentence of 6 months and/or a $1000.00 fine.
• Battery without a weapon but with considerable harm done to the victim may result in a prison sentence of up to five years and/or a $10,000.00 fine.
• Battery with a weapon and no substantial harm to the victim may result in a prison sentence of up to ten years and/or a $10,000.00 fine.
• Battery with a weapon and considerable harm to the victim may result in a prison sentence of up to fifteen years and/or a $10,000.00 fine.

If you’ve been charged with assault or battery in Nevada, it’s important that you act quickly and consult with a Las Vegas Criminal Defense Lawyer on your case in order to get the best outcome possible. At the Drummond Firm, our attorneys are licensed to practice law in all Nevada State and Federal courts. We have the trial and negotiation experience you need to successfully defend you and your interests. Our fees are fair and reasonable and we accept credit cards and payment plans. Don’t wait until it’s too late! Call today to schedule a one-on-one with our Las Vegas Criminal defense attorney.

As a successful Nevada Military lawyer, attorney Craig W. Drummond has been recognized as a military law expert for different organizations and media outlets. One of the few questions he’s often asked is to define military law and explain what it covers. For the benefit of the readers, our Nevada Military defense attorneys will be covering the basics of military law and what it entails.

Military law is defined as the legal structures that govern military personnel. These structures entail service member’s conduct during training or active duty. Military law can be divided into three major factors: criminal justice, protection of service members and their families, and lastly, reemployment after military service. Military law covers a number of related practice areas such as International law, criminal law, and even employment law. These areas tend to cross paths with military law due to the actions of service members. For example, military criminal law would cover service members committing war crimes, while military employment law would cover service members transitioning back into working civilians after their service term is over.

Service members are governed by the Uniform Code of Military Justice during their training or active duty. The code provides a detailed list of what service members are allowed to do within the military and violation of the code typically results in a court martial, which is a proceeding dictated by military law. Punishment for the code violation depends on the severity of the service members actions. Depending on the severity of the violation, service members may be given a dishonorable discharge which is the most severe punishment within the military. During a court martial or a dishonorable discharge, most service members will be granted representation from a JAG corps attorney. While service members have the option of hiring a civilian attorney, it would be best to hire a JAG corps certified attorney due to their familiarity with military law. Members of the JAG corps represent service members before court-martials, dishonorable discharges, and other instances.

Nevada Military Lawyer Craig W. Drummond practices military law based on the Uniform Code of Military Justice and is part of the Judge Advocate General’s Corps. If you are facing trial by court martial, it’s in your best interest to get represented by a military lawyer with a proven record. You need an attorney who will fight aggressively on your behalf. You need a lawyer who has experience in military law. You need Nevada Military Lawyer Craig W. Drummond. Contact us today to discuss your case.

In today’s blog post, our Henderson criminal defense lawyer will cover the Miranda rights and how to properly invoke your right to silence an attorney.

So, what are Miranda Rights and what do they do?

You’ve probably heard them all before on any crime drama involving police. Once a suspect is caught, the officer says, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney…”

Miranda rights allow the defendant/suspect to stay silent when targeted by police for questioning. Miranda rights require law enforcement officers to inform arrested suspects of their rights:

• Right to stay silent
• Right to consult a criminal defense lawyer
• Right to have a lawyer present during questioning
• Right to free representation of a lawyer if one cannot be afforded

One of the misconceptions our criminal defense lawyers in Henderson come across is the notion that staying silent automatically invokes your right to silence. It’s confusing, but staying silent doesn’t necessarily mean you’re invoking your rights to silence. Because of this misconception, law enforcement officers interrogating unknowing suspects can sometimes point to a suspect’s silence as an evidence of guilt.

In order to invoke your Miranda rights, rule of thumb is that you should explicitly state that your silence is not admittance of guilt, but that you’re invoking your Miranda rights. Miranda rights were created in order to protect suspects; however, some law enforcement officers have found ways around Miranda Rights in order to get suspects to unknowingly harm their case. One technique some officers may use is by questioning suspects after letting them know that they aren’t under arrest and are free to leave. It’s a psychological tactic used in order to lower the suspect’s guard. Since this is typically stated within the interrogation room, suspects are still slightly pressured to stay and answer questions due to feeling intimidated.

Whether you’ve been criminally charged or have been arrested for something else entirely and want to invoke your Miranda rights, remember to explicitly state that you choose to stay silent and invoke your Miranda rights. Don’t make the faulty assumption that staying silent means you’ve invoked your rights.

The best defense when you’re criminally charged is to request for a criminal defense lawyer to help inform you of your rights and protect your interests. If you’ve been charged in Henderson contact us as soon as possible. Our criminal defense attorneys are licensed to practice law in all Nevada State and Federal Courts. With our extensive trial and negotiation experience, we’ll be able to walk you through your case and inform you of what you should and shouldn’t say.