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Malcolm P. LaVergne
  • Criminal Law, Personal Injury, DUI & DWI...
  • Nevada, New York, Texas
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A Firm Defined by Excellence and Experience. An experienced attorney can serve as a much-needed guide to help you navigate past these difficult issues. At Malcolm P. LaVergne & Associates, we pride ourselves on using our years of legal experience to protect our clients' interests through all stages of a legal matter. For well over a decade, attorney Malcolm LaVergne has assisted clients throughout Nevada, New York and Texas with legal issues related to topics such as: Accidents/Personal Injury Criminal Defense Civil Lawsuits Landlord/Tenant Law Our practice combines cutting-edge legal services with our passion for the law and a fierce dedication to our clients. Individual Attention and Advice Designed Just for You We provide both the powerful representation that you expect from a large firm and the individualized attention that a small firm can offer. Every client receives Malcolm LaVergne's direct phone number, so that he or she can always speak to Mr. LaVergne in his or her time of need. We do not take a one-size-fits-all approach to the law — the advice and representation you receive will be tailored to the unique circumstances of your case. What remains the same for all of our clients is our dedication to keeping our fees as reasonable as possible. Whether a case involves working on a high-profile appeal, or assisting clients with legal needs in other areas of the law, our well-honed legal skills allow us to handle negotiation and legal matters efficiently. By conducting careful planning, we are able to eliminate many of the surprises that can arise in a case and cause fees to spiral out of control.

Practice Areas
  • Criminal Law
  • Personal Injury
  • DUI & DWI
  • Domestic Violence
  • Juvenile Law
  • White Collar Crime
  • Products Liability
  • Animal & Dog Law
  • Nursing Home Abuse
Additional Practice Area
  • Car Accidents; Slip and Fall; Serious Physical Injuries
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
State Bar of Nevada
ID Number: 10121
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New York
New York State Office of Court Administration
ID Number: 3929833
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State Bar of Texas
ID Number: 24032653
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  • English: Spoken, Written
  • Spanish: Spoken
Professional Experience
Malcolm P. LaVergne & Associates
Citizens for Justice
- Current
Perhaps your most valuable member service, Citizens For Justice is NJA’s Political Action Committee (PAC) and the agent responsible for all NJA legislative action. CFJ was formed in 1977 to represent the Nevada lawyer at the state legislature. We've been there ever since, writing good statute, and defending you and your clients' rights. Funded by individual member contributions (not from member dues) CFJ monitors and actively participates in the legislative process from interviewing candidates to lobbying in Carson City. CFJ’s legislative work is limited to the Nevada State Assembly and Senate. CFJ does not endorse candidates.
Nevada Justice Association
- Current
The Nevada Justice Association is an organization of independent lawyers who represent consumers and share the common goal of improving the civil justice system. NJA is a non-profit educational organization whose charter strives towards three primary goals: To continually provide its membership with up-to-date knowledge and information through continuing legal education programs and Nevada specific publications. To monitor the legislative session in order to ensure that Nevadans' access to the courts is not diminished. To educate the public regarding their individual rights and responsibilities as citizens.
Las Vegas Chapter of the National Bar Association
- Current
The Las Vegas Chapter of the National Bar Association (LVNBA) was originally incorporated in 1981 and reincorporated in 2005. Over the years, the LVNBA has grown from a small group of fourteen trailblazing attorneys and judges to a large and vibrant organization. The National Bar Association (National Bar) was founded in 1925 when there were fewer than 1,000 African-American lawyers in the nation, and less than 120 belonged to the (National Bar). By 1945, there were nearly 250 members representing 25% of the African-American members of the bar. Over the past 75 years, the National Bar has grown enormously in size and influence. When the LVNBA was founded in 1981, there were fewer than 20 African-American attorneys in state of Nevada. Currently in Nevada, circa 125-150 African-American attorneys comprise approximately 1% of the membership of the State Bar of Nevada. Since its founding, the LVNBA has grown in size and influence and LVNBA members own their own law firms, are partners and associates at small, medium, and large size firms throughout Clark County, are students and law professors at community colleges and the University of Nevada, pursue justice for clients as prosecutors and public defenders, serve in the Nevada Legislature, are members of the Nevada judiciary, and represent cities, counties, the Attorney General’s Office, and the Department of Justice.
State Bar of Texas
- Current
The mission of the State Bar of Texas is to support the administration of the legal system, assure all citizens equal access to justice, foster high standards of ethical conduct for lawyers, enable its members to better serve their clients and the public, educate the public about the rule of law and promote diversity in the administration of justice and the practice of law.
Cornell University
J.D. (2000) | Law
Activities: Editor, Moot Court Board.
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Stephen F. Austin State University
B.A. | Political Science and English
Honors: Summa Cum Laude. Highest Ranking Senior Award. Outstanding Student in Liberal Arts.
Activities: Moot Court Team. Pre Law Club.
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Highest Ranking Senior
Stephen F. Austin State University
Summa Cum Laude
Stephen F. Austin State University
Professional Associations
Las Vegas National Bar Association
- Current
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State Bar of Nevada
- Current
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State Bar of Texas # 24032653
- Current
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State Bar of New York # 3929833
- Current
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Speaking Engagements
'Jack of All Trades, Pre-Law Academy, Nacogdoches, Texas
Stephen F. Austin State University
Doctor of Law
Cornell University
Websites & Blogs
Malcolm P. LaVergne's Website Profile
Malcolm P. LaVergne & Associates Website
Legal Answers
14 Questions Answered

Q. Can a parole officer violate you for not having an address
A: Yes. Of course. It's very basic that you must maintain an address (and register) while you are on parole. Your probation officer must be able to get in touch with you.
Q. Firearms ownership. Would I be a prohibited person with a misdemeanor conviction (non DV)?
A: This type of conviction is not an automatic bar to prohibiting you from possessing firearms, but you should get a Nevada attorney to seal your prior criminal record. And always fully disclose if you are asked about prior arrests/convictions of certain types when you apply for a firearm permit or purchase a weapon.
Q. I have a friend who is in prison. He has charges in AK. Can he some how run them concurrently?
A: Possibly, but he better get an AK lawyer right away to see if the case in AK can be resolved and start running concurrently.
Q. Hello my mom was arrested here in 2020 for check fraud in 2009. Is there a statue of limitations on that
A: If formal charges were filed in 2009, then no. The warrant stays forever, most of the time. I've had people with warrants out for seven or eight years. They left the state, and then they apply for a special job or a professional license, so it finally comes up. So the charge has to be dealt with, but a check fraud charge might be easy to resolve depending on the amount and jurisdiction. Malcolm.
Q. My boyfriend went to jail for a dom battery 1st,is he looking at alot of jail time for this?
A: Yes (with restrictions), or you can bail him out before that date, unless specifically denied by a judge. He's facing 180 day in jail, but most likely probation.
Q. What to do when your public defender wants you to plead guilty to a charge
A: You must plead not guilty, set your case for trial, and have your case tried by a jury/judge. Once you're acquitted, you will be vindicated. There are risks, however, and you could face a longer period of jail or probation if you are convicted at trial. You don't have many more options, unless the prosecutor drops the charges.
Q. I live in Nevada but have a felony warrant in tennessee, will tennessee come get me in nevada
A: Tennessee can use extradition to get you in Nevada. Under the extradition law in the U.S. Constitution and subsequent statutes, any state can hold a person who has a valid arrest warrant issued in another state. The issuing state (Tennessee) would then have 30 days to come get you. There is more to extradition, and you do have the right to fight extradition (but the defenses are limited). Most defendants waive their right to fight extradition and then the issuing state either comes and picks them up or they are released after 30 days. You can ask the state holding you for bail pending an extradition fight. I have had several defendants granted bail, but if the issuing state objects and requests you be held, the prosecutors in the holding jurisdiction will ask the judge to continue holding you. Malcolm.
Q. How can a municipal court in Nevada take away your right to a jury trial when charged with a misdemeanor?
A: It's complicated, but basically you don't have a right to a jury trial on misdemeanor cases where the prosecutor is not seeking more than 180 days in jail. The Supreme Court of Nevada has ruled on this issue, to the dismay of criminal defense attorneys. If you are facing more than one misdemeanor charge, it could appear that you could seek a jury trial because you technically could serve in excess of 180-days if the judge would sentence you consecutively on each count. The prosecutors, however, could probably get around this by telling the judge that they would not seek any jail time beyond 180 days. Bottom line, misdemeanor cases in Nevada are routinely and virtually always tried by a judge, not a jury. Malcolm.
Q. can a person who was convicted of a felony class ( e ) in 1978 get his record cleaned.
A: Not sure about "cleaned," but technically you can have your record "sealed" in Nevada for a Category E felony after two years from the date of your release from custody or release from parole/probation whichever occurs later. See NRS 179.245(1)(c). "A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later." For example, if you were place on probation for three years from a category E felony (likely scenario), and you were discharged on January 1, 2019, then you would be eligible for sealing on or after January 1, 2021.
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Contact & Map
Malcolm P. LaVergne & Associates
400 S 4th St
Las Vegas, NV 89101
Telephone: (702) 448-7981