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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90483
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Questions regarding NRS 205.130 Non Sufficient Funds Charges

Customer Question

Questions regarding NRS 205.130 Non Sufficient Funds Charges and warrants. I recently found out there were three outstanding warrants for me for three NRS 205.130 Non Sufficient Funds charges from 1999; after I requested an accident report number from a highway patrol officer, at the scene on the freeway; due to an object on the freeway lane, which caused damage to the vehicle I was driving. I was arrested, booked and released, after cash bail was posted for each of the amounts of the checks involved, plus some fees. I do not remember any details of these three Non Sufficient charges from 1999. I have catastrophic traumatic brain injuries. I am a resident of another state. There is a court date, scheduled in a couple of days. Are these charges serious? Does the Statute of Limitations apply to me and this situation? Should I disclose to the court, I have traumatic brain injuries? What can I expect, to happen to me, on the day of the court date? Will I be given a public defender? Is a public defender sufficient? Do I need a private criminal defense lawyer?  If yes, how and where do I find one?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
Yes, depending on the amount of these checks the charge could be a felony or misdemeanor and they are serious. You will be appointed an attorney if you cannot afford one (you will have to prove you cannot afford a private attorney before the court will appoint one to you and to find a private attorney you can use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com). On your first court date nothing more will happen than you will enter a plea of not guilty. You can likely resolve this matter without a conviction if you pay off the amounts due and your attorney can make this arrangement with the creditors to whom you wrote the checks and your attorney will get an affidavit of non-prosecution for you. Typically, even if the creditors do not dismiss the charges, the attorney will be able to negotiate some deal that will include probation and no jail time against you.

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Customer: replied 2 years ago.
Can I request the court to pay the creditors, from the cash bail, I already paid/posted to the court or do I need to come up with additional/separate money, to pay the creditors?

If the creditors do not provide an affidavit of non-prosecution to dismiss the charges and my attorney is unable to negotiate probation without jail time, does that mean I will have a record of a conviction(s)? If yes, will I have more than one record of conviction(s), if there are three warrants?

If my attorney is able to negotiate probation, without jail time, will I still have a record(s) of conviction?

Is there a statute of limitations applicable to my situation?


Expert:  Law Educator, Esq. replied 2 years ago.
Your attorney can request that the creditors agree to be paid from the cash bail you posted, that is up to the creditors and not the court.

If your attorney is unable to negotiate to get the charges dismissed, then with or without jail time you would have a conviction record and you would have 3 convictions if all three creditors do not agree to dismiss.

Once a warrant was issued there is no statute of limitations that runs any longer.

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