Felonies are typically the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that any crime that has a sentence of only a fine or confinement in the local jail is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a “gross” or “aggravated” misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as felony in many respects.

If a crime is a felony, additional criminal procedures apply. The right to a court-appointed attorney in cases where the defendant is too poor to afford to hire a lawyer is usually triggered if the charge is a felony, but not for less-serious crimes. Likewise, whether or not a criminal defendant must be present in court for various parts of the process may depend on whether he or she is charged with a felony.

In some jurisdictions, felonies can only be charged upon a grand jury indictment, while lesser crimes can be charged by a written information. Criminal defendants and witnesses can have their testimony disregarded in some jurisdictions by showing a prior conviction for a felony but not for a lesser crime. Finally, many jurisdictions base their “three strikes” laws on felonies but not misdemeanors. If the offender has been twice convicted of a felony, one more felony conviction will subject him to life in prison.
In addition to differences in procedural criminal law, the substantive law can be affected if a crime is designated a felony. Some statutes make an accidental death a murder if it occurs in the commission of a felony, but if it occurs in the commission of a lesser crime, it is only manslaughter. Burglary is defined at common law as breaking and entering a house for the purpose of committing a felony; if the purpose was not to commit a felony the crime cannot be charged as burglary.

The crime of conspiracy may carry a harsher penalty if the offense is conspiracy to commit a felony rather than conspiracy to commit a misdemeanor. Justifiable homicide is sometimes described as a killing to prevent the commission of a felony, although more commonly it is limited to prevention of certain of the most serious felonies.

A person convicted of a felony may have more restrictions on their rights than a person convicted of a lesser crime. In many jurisdictions, felons cannot serve on juries. Often times they lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may be prohibited from owning guns or serving in the military. Some states have a “three strikes, you’re out” statute which provides that a person who already has been convicted of two felonies may be sentenced to life in prison if he or she is convicted of a third felony.

If you are facing charges in Reno or Lake Tahoe, contact Joey Gilbert & Associates, Ltd to discuss your rights. Call 775-473-7171 or 1-888-640-4313 today for a free confidential consultation. Live receptionist 24/7. Se Habla Espanol.

To understand tort reform, one must understand the definition of a tort. Simply put, a tort is a non-criminal civil wrong that is caused either on purpose or through negligence. Or, to put it another way, torts are civil cases in which an act, intentional or otherwise, has caused injury (physical, mental or monetary). In such cases where a tort is committed, the injured party has the right to sue the wrongdoer for damages.

Tort reform isn’t one single idea or law. It is not partisan in its political nature and has proponent and opponent in each political affiliation. Instead, it’s a group of ideas and laws designed to change the way our civil justice system works.

Once the definition of tort law is known, understanding tort reform becomes much easier. Tort reform is essentially any attempt to limit someone’s rights to seek redress in a court of law for a civil wrong.

The most common form of tort reform is the placement of limitations on the amount that can be sought through a civil suit. For example, a particular medical malpractice case may only allow the injured party to claim a maximum of $100,000. Placing a statute of limitations on the amount of time a person has to file a claim is another example of tort reform; this particular aspect of tort reform has a significant effect on the rights of mesothelioma victims to seek financial compensation for their exposure.

In a nutshell, tort reform proponents seek to limit the liabilities of negligent and knowingly injurious parties. As of now tort reform is a state specific issue. However, it is important to consider the impact if could have on the legal landscape if it becomes a federally mandated authority.   An expereienced Reno attorney can make all the difference.

If you or a loved one is injured or in an accident, call Joey Gilbert & Associates today for a free confidential consultation – 775-473-7171 or Toll Free 1-888-640-4313.  Never a fee unless we win your case!  Se Habla Español.

On the last day of 2011, President Obama signed into law the National Defense Authorization Act. (NDAA).

The signing of the bill alone is hardly an unusual occurrence; the National Defense Authorization Act itself has been signed into law every year for nearly the past fifty. The purpose of the bill in the past and today is to allow the government to continue funding national security interests and the military for the next fiscal year.

This year’s bill, however, was different. One of the provisions included in the 2012 NDAA is one that allows for American citizens suspected of terrorism to be indefinitely detained in military custody without charge or trial. The President now has authority to detain, via the Armed Forces, any person “who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners,” or anyone who commits a “belligerent act” against the U.S. or its coalition allies, under the law of war, “without trial, until the end of the hostilities authorized by the Authorization for Use of Military Force Against Terrorists passed in the immediate aftermath of the September 11, 2001 attacks. The text also sanctions trial by military tribunal, or “transfer to the custody or control of the person’s country of origin,” or transfer to “any other foreign country, or any other foreign entity.”

The Obama administration had threatened to veto the bill as long as it contained the indefinite detention provision, but changed course shortly before the final version was voted on by Congress.

In a letter to the public released following the signing of the document, Obama explained why he signed the bill with the indefinite detention provision attached to it. He states that his signature on the bill is necessary to continue funding for military and national security interests. Of the indefinite detention provision, he says that the version of the bill he signed had been revised to eliminate any provisions that would threaten the freedom of American citizens.

The bill ultimately provides the military with extraordinary powers to detain American citizens without providing them with a trial. This is amplified by the fact that American citizens who are being investigated for being suspected of terrorism are not allowed to inform other about the investigation without facing prosecution as per provisions of the Patriot Act. Coupled with the NDAA, a citizen wrongly suspected of terrorist activities could now theoretically be held in military detention for months without trial, and be released only to be restricted from taking legal action against those who arrested him.

The implications of this legislation reflect the idea that certain liberties and freedoms must be sacrificed in the name of protecting the country from further terrorist attack, a notion that is widely disputed by various groups concerned with civil liberties.

The signing of this year’s NDAA has been combated in a statement released by the ACLU, which says that the bill  “violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war.”

This, and the broader topic of how to preserve liberty while countering possible terrorist threats, will surely be a major question for the contenders of the 2012 election to handle. The discussion prompted by the signing of the NDAA touches upon the issue of how the U.S. government is expected to respect the Bill of Rights while maintaining the country’s security by diffusing threats in a preventative manner.

One of the other provisions of the bill is said to make the closing of Guantanamo Bay more difficult, as it restricts the transfer of cleared detainees from the facility for resettlement and repatriation purposes.

Overall, the signing of the NDAA leaves us with the impression that President Obama has shown few significant differences from the Bush administration in terms of post-9/11 national security policy. The Patriot Act was renewed by Obama earlier this year, the Guantanamo Bay detention center remains open, and now the recently-signed NDAA has extended the powers of the military to include the detainment of American citizens indefinitely without trial.

Reno tiene casinos, el rio Truckee, y el lago Tahoe y por eso tenemos un montón de turistas que vienen aquí durante el año.  Desgraciadamente, hay gente que tiene accidentes o choques durante sus visitas. 

Hay mucha tensión en una experiencia de un choque o accidente, especialmente cuando la persona no es del área. 

Cuando tenga un choque, mientras esté en Reno/Tahoe, debería contactarse, ambos, con su compañía de seguros y con un abogado con mucha experiencia en Reno.  Un abogado que conozca las cortes, hospitales, compañías de seguros, y otros abogados que sean del área y quizás sean representantes de la otra parte. Una cosa que es muy importante es que el abogado sepa la ley, especialmente en esta ciudad.   Un Abogado de lesiones personales de Renosería lo mejor en esta situación. 

Un abogado de Reno con mucha experiencia servirá como un guía a través de este proceso legal.  El puede aconsejarlo sobre lo que tiene que hacer durante el proceso, para protegerse, ya sea que usted acepto la responsabilidad, y en caso de que haya resultado herido. 

Si usted o alguien de su familia ha sufrido daños en un accidente o tuvo un choque, llame a Joey Gilbert and Asociados, Ltd, hoy por su consulta gratuita 775-473-7171 o 888-640-4313, no tiene que pagar hasta que ganemos.

La mayor parte de las personas no se cortan sus pelos solos.  También, buscan profesionales para cepillarse  sus dientes una vez al año, y para una variedad de otros servicios.
Sin embargo, después de un choque, algunas personas piensan que no necesitan representación para proteger sus derechos. De hecho, sí necesitan ayuda.

El proceso de la solución que sigue al choque tiene diferente objetivos:  la persona que estuvo en el choque tiene que recibir compensación completa por el daño a su salud y a su propiedad, mientras que el objetivo del compañía de seguros es pagar lo menos que sea posible.  Los corredores de seguros son profesionales, y saben cómo aprovecharse a la gente.

¿Qué información sabe su abogado con experiencia,
que usted no sabe y cómo puede ayudarle?

• Lo que es la ley.  Puede encontrar la información, pero es
  posible que no tenga tiempo o tenga ganas de hacerlo, lo que es más, el abogado
  sabe la manera de buscar la información.
• Lo que quieren las compañías de seguros.
  Los abogados pueden buscar lo que quieren de una manera suficiente de acuerdo a la ley.
• ¿Cómo son las compañías de seguros? No hay ninguna compañía que sea igual a la
  otra; un abogado con experiencia puede identificar diferentes situaciones y
  como poder navegar a través de la información.
• ¿Cómo negociar?   Las habilidades se aprenden a través de experiencia y tiempo.
  Se tiene éxito en negociar cuando hay conocimiento de la ley y en
  particular sobre lo que mande la ley en diferentes situaciones.
• Trate de conformar su caso.  Hoy en día, hay pocos casos en la corte, y
  eso está bien; sin embargo, si la compañía de seguros sabe que el abogado tiene
  una historia de éxito en la corte, solucionará sus casos más rápidamente, porque no será necesario ir
  a la corte.
• Terminar el caso.  Como los corredores de compañías de seguros,
  un abogado puede ver la situación y puede estimar lo que va a pasar con los
  resultados.

Finalmente, no como peluquerías y los dentistas, los abogados no ganan dinero si
no ganan el caso.  Ellos reciben un porcentaje de la ganancia y nada más.

Si usted o alguien de su familia tiene un choque, llame a Joey Gilbert y Asociados hoy, por una
consulta gratuita - 775-473-7171 o 888-640-4313. No se paga, a menos que ganemos!

Nevada’s lack of movement on outlawing text messaging or other dangerous driving behavior was one of the main topics of conversation at the last national Distracted Driving Summit, on Sept. 21 in Washington, D.C.

Advocates say banning text messaging, and/or hand-held cell phone use while driving, could reduce the number of serious and fatal Reno car accidents and accidents elsewhere in Nevada. Nationwide, an estimated 6,000 people according to the National Highway Traffic Safety Administration.

The Las Vegas Review-Journal reported in 2008 that the state estimates up to 30 percent of fatal accidents are caused by distracted driving. That article was in regards to a possible text messaging ban that never materialized.

The Governor’s Highway Safety Association reports that Nevada is one of only a few states who have done nothing about the issue. Others include Florida, Hawaii, Idaho, Montana, North and South Dakota, Ohio and South Carolina. Thirty states now ban text messaging by all drivers –11 of those states have enacted laws this year.

The government hopes the  summit can be used as a tool to induce states to enact tougher safety measures.

“Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year”, said U.S. Department of Transportation Secretary – Ray LaHood; “By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road.”

If asking nicely doesn’t work, all signs point to the use of the stick; withholding federal highway dollars was the primary means used to get states to fall in line when it comes to speed limits and a uniform standard for drunk driving offenses.  Most Reno injury attorneys and Reno wrongful death lawyers concur with these tactics.

Media reports indicate that Congress is already considering the use of highway funding as a motivator for states that have been slow to act.   It worked in Nevada, where recently legislation went into affect banning texting while driving and the use of a hands-free device for all phone calls.  As of Oct 1^st, drivers will be given a warning.  After the 1^st of the year, citations with fines will be handed out to drivers breaking the new law.

If you or a loved one is injured or in an accident, call Joey Gilbert & Associates today for a free confidential consultation – 775-473-7171 or Toll Free 1-888-640-4313.  Never a fee unless we win your case!  Se Habla Español.

A hit-and-run Reno car accident has left a road worker critically burned and suffering life-threatening injuries.  Reno Gazette reported that the hit-and-run accident critically burns man in south Reno, while the suspect is sought.

Reno injury lawyer should always be called to represent anyone who is seriously injured in a hit-and-run accident.  In this case, a Nevada workers’ compensation claim may also be filed since the victim was injured while on the job.

The Reno Police Department is searching for a gray vehicle, possibly a Toyota or Scion, that was involved in the accident at Double R Boulevard and Prototype Drive in South Reno.  The accident happened about 12:40 a.m. on a Thursday.  Police said two men, who were working either for the City of Reno or the Regional Transportation Commission, were re-striping Prototype Drive.  The operator of the re-striping machine saw a vehicle run over several lane-closure cones as the vehicle veered toward the machine. The operator jumped out of the way but the car hit the machine and the other road worker. In addition to blunt-force trauma, he was splashed with plastic heated to 400 degrees.

The victim was transported to Renown Regional Medical Center with severe injuries, including broken ribs and extensive burn injuries. He has since been transported to the UC Davis Burn Center in Sacramento, where he is listed in critical condition.

The suspect vehicle is missing its front bumper and should have white plastic spray on it.  Anyone with information is asked to call the police department’s traffic division at 334-2141 or Secret Witness at 322-4900.

The NBC4 report is available here.

If you or a loved one is injured or in an accident, call Joey Gilbert & Associates  today for a free confidential consultation – 775-473-7171 or Toll Free 1-888-640-4313.  Never a fee unless we win your case!  Se Habla Español.

The driver who caused a Reno semi accident has been cited for driving too fast for conditions, KOLOTV reported.

The crash happened on Mount Rose Highway on Monday. The driver was headed downhill toward Reno with a truckload of debris from the Tannenbaum Event Center — formerly the Christmas Tree Restaurant. The driver of the truck was not hurt in this case but the road was closed for several hours.

Our Reno car accident lawyers urge motorists to use extra caution when traveling around large semis or dump trucks. Their extreme weight and unsecured loads pose a significant threat to other motorists on the road. In fact, the National Highway Traffic Safety Administration reports that 1 in 9 fatal accidents in the United States involves a large truck or commercial vehicle.

Nationwide, 380,000 crashes involving semis and other large commercial vehicles killed 4,229 motorists and injured more than 90,000 in 2008.

Traffic accidents are also a significant cause of Nevada work accidents for truckers, law enforcement officers, postal workers, delivery drivers and other employees who drive as a part of their job.  Speaking with a Reno work accident attorney or Nevada workers’ compensation lawyer is critical to protecting your rights and the future financial well-being of you and your family in the wake of a serious or fatal work accident.

In 2008, nearly 1 in 4 fatal work accidents in the private sector involved a highway accident, according to the U.S. Bureau of Labor Statistics, which reported that 1,044 of 4,670 fatal work accidents involved traffic fatalities.

It is important for employees to understand that car insurance is not the only means of available recovery following a Nevada car accident while on the job. However, attempting to handle an accident or workers’ compensation case yourself is not the best course of action for protecting your rights and ensuring that you receive the compensation necessary to pay for medical bills, lost wages, rehabilitative care and other expenses resulting from the accident.   Most people want to know the answers to 3 questions when their injured in an accident:  Who is fixing me?  Who is fixing my vehicle or machinery?  How do I get paid?

If you or a loved one is injured or in an accident, call Joey Gilbert & Associates  today for a free confidential consultation – 775-473-7171 or Toll Free 1-888-640-4313.  Never a fee unless we win your case!  Se Habla Español.

A Reno man has died from injuries sustained in a motorcycle accident on Highway 20 near Sutter, the Appeal-Democrat reported.

The 54-year-old was riding with a passenger, westbound on Highway 20, when a 39-year-old motorist made a left turn in front of him, according to authorities. The motorcycle crashed into the side of the Chevy Tahoe, killing the biker. His 49-year-old passenger was transported to the hospital by medical helicopter.

The Tahoe driver could face manslaughter charges, depending on the outcome of the investigation. A 48-year-old rider was killed in a motorcycle accident at the same intersection last spring.

Nationwide, 5,290 riders were killed and more than 96,000 were injured in motorcycle accidents in 2008, according to the National Highway Traffic Safety Administration.  Fifty-nine riders were killed in Nevada motorcycle accidents, while California led the nation with 537 fatalities.

The summer months are the deadliest time of year for motorcycle accidents; the majority of serious and fatal riding accidents occur between Memorial Day and the end of September or shall we say, the end of the Street Vibrations motorcycle rally.  This 16^th annual event is the 6^th largest in the nation and attracts motorcycle riders and enthusiasts by the tens of thousands to the Reno/Tahoe area.

The following information is adapted from the Motorcycle safety Foundation’s 10 things every car and truck driver should know about motorcycles:

• Look for motorcycles:   There are a lot more cars and trucks than motorcycles on the road and riders are easy to miss. Check carefully, especially at intersections.
• Appearances can be deceiving:   A motorcycle’s small size often makes it appear farther away than it is and can make judging speed difficult.  Predict a motorcycle is closer than it appears, and, if in doubt, wait for it to pass.
• Beware of blind spots: Motorcycles can be easily hidden by a vehicle’s blind spots or masked by outside obstacles, such as trees, vegetation, traffic or parked cars. Check thoroughly before proceeding.
• Speed:  Because of their small size, motorcycles often appear to be traveling fast.  Don’t assume a motorcycle is speeding.
• Brake lights:  Riders often slow down by rolling out of the throttle — not by using the brake.  So brake lights are a poor indication of a rider’s intentions. Allow extra room when following a motorcycle and predict that it may slow without warning.
• Turn signals:  Turn signals on motorcycles often do not shut off on their own.  Don’t rely on a turn signal to determine a rider’s intentions.
• No crowding:  Motorcycles often adjust positions within a lane to obtain a better view of the road or to avoid small road defects that would not bother a passenger car. Motorcycles are entitled to their own lane. Do not crowd them.
• Maneuverability:   Is one of a motorcycle’s best characteristics. But don’t expect it to always be able to dodge out of the way.
• Stopping distance: Motorcycles require about the same distance for stopping as cars — slippery roads can make stopping especially difficult. Allow more room when following a motorcycle and don’t assume it can always stop on a dime.
• Vulnerability:  View a motorcycle in motion as a person on the road. They are just as vulnerable.

Street Vibrations can be a fun, but dangerous time.   If you or loved one is injured in a motorcycle accident, you need a personal injury attorney who will help you answer those 3 important questions:  Who is fixing me?  Who is fixing my bike?  How do I get paid?

Call Joey Gilbert & Associates today for a free confidential consultation.  Never a fee unless we win your case!   775-473-7171 or toll free 1-888-640-4313.  Se Habla Español.

Most people don’t cut their own hair.  They also turn to professionals for a thorough teeth cleaning once a year, and for a variety of other services. However, after being injured in an accident, some people decide that they don’t need to hire a professional to help them protect their interests.  In fact, they do.

The process of settling a claim following an accident involves conflicting goals:  the injured people’s goal is to receive full compensation for the damage done to their health and property, while the insurance company’s goal is often to pay out as little as possible.  The insurance adjusters are professionals, and they know when they are dealing with amateurs

What would an experienced attorney know that you might not, and that would help you reach the best possible outcome for your case?

• What the law is. You can research this yourself, but you may not have either the time or the inclination; moreover, an attorney will be more familiar with the intricacies of the relevant laws.
• What the insurance companies need to see.  An experienced attorney can efficiently gather all the documents and other relevant evidence that should be presented to the insurance company as part of making a claim.
• What the various insurance companies are like.  No two insurance companies are the same; an experienced attorney would know when it would be best to work cooperatively and when to stand firm and not concede too much.
• How to negotiate.  Negotiation skills are learned and strengthened through experience.  Negotiation is most successful when backed by a thorough knowledge of what the alternatives to a negotiated settlement may be, and a complementary knowledge of what the law mandates.
• How to try a case.  Far fewer cases go to trial these days, and that’s something we should all be glad for; however, if an insurance company knows that it is dealing with an attorney who has successfully tried cases in the past, it will make a greater effort to settle, rather than risk the cost of a trial.
• The outcome of comparable cases.  Like the seasoned adjusters who are likely to face you, an experienced attorney can look to past settlements and jury awards to estimate what the outcome of your case is likely to be.

Finally, unlike hairdressers or dental hygienists, most accident attorneys will work on a contingency basis–meaning that they would be paid a percentage of whatever settlement or award you recover. 

If you or a loved one is injured or in an accident, call Joey Gilbert & Associates today for a free confidential consultation – 775-473-7171 or Toll Free 888-640-4313.  Never a fee unless we win your case!