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.