misdemeanor | Black & LoBello

Black & LoBello on AM720 KDWN

On October 19, 2012, in Civil Litigation, Foreclosure, Military, Real Estate, by blacklobellolaw

Click here to listen to the Legal Hour on KDWN AM720 from October 17th, 2012 in which Managing Partner, Tisha Black Chernine, Esq., discusses how a recent supreme court case affects the foreclosure crisis (2:07). Mrs. Black Chernine also hosts special guest Mr. Kalani Hoo, Esq., candidate for Justice of the Peace, Department 1. Mrs. Black Chernine and Mr. Hoo discuss the difficulties with campaigning for office (10:27), the failure of the Presidential debates to discuss the housing crisis (11:45), unlawful detainer (12:50), good news in the housing market (15:15), Mr. Hoo’s experience as an advocate for Veterans’ Affairs (17:40), the differences between misdemeanors and felonies (22:20) and tips to avoid being arrested for a traffic violation (31:13).

Please tune in to AM720 KDWN’s “Legal Hour,” every Wednesday, from 9 AM to 10 AM. Listen live on the radio or online. Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

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Tagged with: AB 284 • Edelstein v. Bank of New York Mellon • eviction • felony • MERS • misdemeanor • reunification • unlawful detainer • veterans affairs

SB 277 Gives Minors Misdemeanor For Inappropriate Texting

On August 18, 2011, in Domestic Relations, Legislation, by blacklobellolaw

Any parent of a teenager in the modern era of instant and high definition technology has concerns about the manner in which their child or children are utilizing this technology. Although we as parents always hope to raise moral children, it is unrealistic to think that our children will never send inappropriate material via email or text message from their cell phone. Webcams and camera phones make it so easy. Prior to the most recent Legislative session, “teenagers being teenagers” could have resulted in serious long-term implications. The prior law would have resulted in a teenager who sent an adult image of themselves or another minor, to any other minor, to be prosecuted to endure a felony prosecution and be registered as a sex offender. Fortunately, the Legislature recognizing the realities of the technology age in which we currently live, have modified the law to ensure that irreparable harm is not suffered by a teenager merely being a teenager.

The new law established in SB 277 still prohibits a minor from electronically transmitting a sexual image of himself/herself to another person and other related behaviors. The punishment for such transgressions, however, is no longer so onerous and long term. Such transgressions by minors will no longer be felonies or result in sex offender registration. Whereas parents of teenagers can certainly make it clear to our children that the texting of inappropriate images is a serious crime, in the event they do not heed our warnings, there is no longer such far reaching damage.

John D. Jones, Esq.

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Tagged with: felony • inappropriate texting • misdemeanor • Nevada • new legislation • prosecution of a minor • sex offender • teenagers

AB 373 Dissuades Property Destruction

On August 1, 2011, in Legislation, Real Estate, by blacklobellolaw

As everyone in the valley is well aware, we have been hit by an unprecedented wave of foreclosures. The banks holding these notes have been completely unwilling to modify the principal of these loans. They have agreed to short sales and to loan modifications, but these processes are frustrating and time consuming at best. Unfortunately, frustration with the process has led some homeowners to enact a measure of revenge by damaging the home that is about to go into foreclosure.

The Nevada Legislature has passed, and the Governor has signed, a law that criminalizes such actions. The law makes it a misdemeanor for a person to conceal remove or destroy property if: 1) the person knows of a foreclosure proceeding, 2) an entity or person holds a security interest in the property, 3) the person acted with the intent to defraud the secured party and 4) the person’s actions causes the secured party to suffer monetary loss at foreclosure. The final Bill is much less severe than the original Bill. The original Bill made it a Class E Felony. A Class E Felony is punishable by 1-4 years in prison and a maximum fine of $5,000. A misdemeanor is defined as a crime punished by no more than 6 months in the county jail and a $1,000 fine. Moreover, the original Bill only required that the prosecutor prove that there was intent to diminish the value of the property. In the current Bill, the person must have acted with the intent to defraud the secured party. Under the original Bill, an innocent homeowner simply trying to remove an improvement could have been convicted of a felony and sent away to the state prison for well over a year. The law takes effect on October 1, 2011.

Byron E. Thomas, Esq.

Tagged with: AB 373 • banks • Black & LoBello • foreclosure • Las Vegas • misdemeanor • Nevada • vandalized homes

LV Business Press Interviews Tisha Black Chernine

On May 31, 2011, in Foreclosure, Legislation, Mortgage, Real Estate, by blacklobellolaw

Bankers watch bill that would criminalize home trashing

When bankers told Nevada lawmakers they wanted to punish home-wreckers, they weren’t talking about adulterers who destroy marriages. They were referring to legislation that makes it a crime for homeowners to damage and steal parts of houses subject to foreclosure. To read the full article, click here.

Tagged with: AB 373 • destroy property • Las Vegas • misdemeanor • Nevada • remove part of structure