Are Criminal Convictions Admissible in Las Vegas Personal Injury Cases?

Sometimes people make mistakes. Sometimes these mistakes result in criminal convictions. If a person has a criminal conviction and they are making personal injury claim, that criminal conviction may be brought up by the at-fault party during trial. The law on this is set forth in NRS §50.095.  NRS §50.095 provides in full:
 
NRS 50.095 Impeachment by evidence of conviction of crime.
 
     1.  For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is admissible, but only if the crime was punishable by death or imprisonment for more than 1 year under the law under which the witness was convicted.
 
      2.  Evidence of a conviction is inadmissible under this section if a period of more than 10 years has elapsed since:
      (a) The date of the release of the witness from confinement; or
      (b) The expiration of the period of the witness’s parole, probation or sentence, whichever is the later date.
 
     3.  Evidence of a conviction is inadmissible under this section if the conviction has been the subject of a pardon.
 
      4.  Evidence of juvenile adjudications is inadmissible under this section.
 
      5.  The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
 
     6.  A certified copy of a conviction is prima facie evidence of the conviction.
 
According to §50.095, if someone was convicted of crime that resulted in possible punishment of 1 year or more, usually a felony, that criminal conviction comes in at time of trial. There are a few exceptions to this. Juvenile convictions do NOT come in pursuant to §50.095. Also, the conviction must be less than 10 years old, from the time of release from prison or parole, whichever comes later. Some judges also require that a certified copy of the conviction be presented as evidence, before the evidence can come into trial.

Next time, we will discuss the liability of rental car companies when their renter is involved in a car accident.