Blogs from 2018

How Your Posts Can Haunt You

Despite what we all hope, privacy settings are not always private.  Many of the social media sites, including Facebook and Instagram, cooperate with law enforcement when it comes to a criminal case.  Additionally, even if you “delete” a post, it remains in the ether of the internet, waiting to be retrieved when the time is right.  Once you share a post or photo, it is accessible forever.  These facts can be used against you in several ways, specifically if you are facing criminal charges.

Contact our team at the Law Office of Kenneth A. Stover for legal guidance regarding social media.

There are three standard types of posts that can be used against you:

• Status updates: Depict mood and/or premeditation for an activity (or crime), whereabouts, who you were with at a given time, and your future plans
• Photos: Provide evidence of where you were at on a given date, if you were engaging in illegal or questionable activity, your state of mind before or after a crime was committed, etc.
• Check-ins: Indicate where you were/are at a certain time, show patterns of behavior and can aid in pinpointing your regular activities

Social media gives prosecutors insight as to who you are before you even enter the courtroom. Social media apps automatically time and date stamp all posts, and some even geographically tag them as well.  This can aid in the prosecution’s case if they are searching for evidence of intent, intoxication or if there were witnesses or accomplices to a crime.  Even being tagged in another person’s post can cost you your freedom if it can be used as evidence.

Preventing Social Media Mistakes

If you are facing criminal charges, the safest choice is to not share anything to social media while under investigation.  “Anything you say or do can and will be used against you,” is not just a saying.  The things you find innocent may not look that way to the prosecution. Any post, status update, check-in or tag that involves drinking, drugs, firearms, or questionable activity should be considered off limits until you are free and clear.

Schedule a Free Consultation: (775) 502-1575

If you are facing criminal charges, you must be smart when it comes to social media.  Don’t let the fun of posting and sharing your activities, check-ins and tags ruin your chance at a fair trial.  We can help you navigate the legal process if you are facing charges, and we can fight for you. Let our Reno criminal defense attorney help you protect your rights and advise you as to the safest way to still enjoy social media.

Contact our firm to discuss your case today at (775) 502-1575.

Domestic Violence Charges Can Affect Your Gun Rights

Domestic violence charges not only tarnish your reputation and result in possible jail time, they also can permanently revoke your rights to own firearms. A large number or violent charges that result in a guilty plea or conviction can mean permanent loss of gun rights. In addition, your concealed carry permit can be revoked with just a domestic violence charge. You need the protection of our experienced, knowledgeable Reno domestic violence defense attorney at the Law Offices of Kenneth A. Stover. Our team understands how important it is to our clients to retain their rights.

Call our team at (775) 502-1575 to discuss your case and start building a defense.

How Domestic Violence Charges Affect Your Rights

Domestic violence can result in loss of firearm rights in two ways:

1. Conviction or guilty plea to a misdemeanor domestic violence charge
2. Placement under an extended order of protection

The specific domestic violence charges that can result in gun loss are:

• Assault
• Battery
• Sexual assault
• False imprisonment
• Using force or threat to obtain compliance
• Unlawful or forcible entry

Domestic violence does not just involve your immediate family. The term “domestic” can include a former girlfriend, boyfriend or spouse, any person who lives with you, the mother or father of your child and/or their subsequent children, or any person related by blood or marriage.

A diligent, insistent defense in these cases is your best chance at avoiding loss of your gun rights. Not only can our Reno domestic violence defense lawyer fight the charges, we can also work to get the charges reduced so you do not lose your conceal carry permit.

Protect Your Right to Own Firearms. Call (775) 502-1575.

If you are convicted of domestic violence or other violent crimes, you can say goodbye to your right to carry and own firearms. You’ll possibly be saying goodbye to home protection, weekend trips to the shooting range and your personal protection. Don’t let your gun rights be revoked. Let our Reno criminal defense attorney fight for you and your rights.

If you are facing charges that might affect your firearm rights, contact our firmto discuss your case. Don’t wait, call now: (775) 502-1575.

Getting arrested for a DUI is a scary, frustrating, and confusing situation, especially if it is your first offense. Many people who get charged with drunk driving are not familiar with the criminal justice system, which leaves them vulnerable to legal pitfalls which may jeopardize their case.

The following are the most common mistakes people make after getting arrested for a DUI:

1. Fail to take their charges seriously – Since a DUI is a misdemeanor crime, many people simply ignore the charges they face because a misdemeanor is not as serious as a felony. However, a first-time DUI in Nevada is punishable by a maximum jail sentence of six months, a fine of up to $1,000, and driver’s license suspension for 90 days. Additionally, a misdemeanor conviction on your criminal card can damage your personal and professional reputation.
2. Talk to police – Some people think they have an opportunity to talk their way out of a criminal charge by telling law enforcement their side of the story. Unfortunately, any statements you make to officers may be used as evidence against you at trial. It is wise to exercise your Fifth Amendment right to remain silent until your lawyer is present.
3. Plead guilty – An arrest or charge doesn’t mean you are guilty of drunk driving. If you admit guilt at a court hearing, you lose the ability to fight the charges and penalties against you. This also means you may have to serve the maximum penalties.
4. Fail to regain your driving privileges – Once you are arrested, your driver’s license is automatically suspended. Keep in mind, this type of suspension is separate from the one you receive if convicted. However, you can request an Administrative Hearing in order to try to regain your driving privileges. Without your driver’s license, it can be difficult to commute to work or school. Relying on other means of transportation can result in tardiness or absences, which can result in loss of employment.
5. Not hire an attorney – As soon as you are arrested, it is wise to hire an experienced criminal defense lawyer to protect your rights and future. Your attorney can make sure you do not make any of the mistakes above and put you in the best position to get the best results.

If you have been arrested for a DUI in Nevada, contact our Reno criminal defense attorney at the Law Offices of Kenneth A. Stover and request a free consultation today.

Driving while under the influence (DUI) charges are serious, and successful DUI convictions can lead to years of penalties for the convicted. Unfortunately, many people plead guilty to DUI charges without contemplating the consequences and thinking through their options. Hiring experienced DUI representation is always beneficial to a case, and here are the reasons why.

Defensive Investigations Can Reveal New Information

When people are charged with a crime, their criminal defense attorney (if they have one) will investigate the case on their behalf. Thorough investigations can reveal new information concerning a case, and this new evidence can cause the court to question the integrity of the charges.

Defensive DUI investigations can potentially reveal case-breaking information such as:

• lack of “probable cause” leading to the arrest;
• lack of functioning reporting equipment (like a breathalyzer);
• lack of proper police protocol during and after arrest (like failing to state the Miranda warning before questioning someone in custody); and
• lack of a proper timeline to prove the necessity of the defendant’s arrest.

Anyone of the scenarios mentioned above can lead to a “not guilty” verdict in a court of law. Therefore, those accused of DUI should always hire representation that will investigate the case.

Arguments Affect Outcomes

Many people believe in black-and-white scenarios. If someone’s BAC is over the limit, they deserve to be prosecuted to the full extent of the law, regardless of the circumstances surrounding the scenario. In America, the criminal justice system is founded on the idea that the motives and conditions of a crime will directly impact the outcome of the case.

For example, manslaughter and murder charges have the same premise (someone was killed by another’s action, and the killer should “pay” for his or her crime), but drastically different outcomes (murder will result in harsher penalties than manslaughter). Why does the process work this way? Because motive and circumstances matter when it comes to sentencing.

Unlike manslaughter and murder, DUI cases do not have various degrees of severity. If someone drives with a BAC of 0.08% or 0.16%, the offense is the same; however, the penalties for a DUI conviction can vary greatly. For example, a first time DUI conviction in Nevada will lead to two days to six months of jail time or 96 hours of community service. The judge presiding over the case will hand down the sentence as he or she sees fit, which means arguing for a case may not affect the conviction, but it can drastically impact the severity of the ensuing penalties. Therefore, those accused of DUI should always hire representation in hopes of receiving less severe penalties.

Fighting a Case Upholds the Constitution

The American judicial system upholds the belief that people are “innocent until proven guilty.” A prosecutor’s job is to prove that someone is guilty of a crime, it is not on the citizen to incriminate himself or herself. Now if someone commits a crime and wishes to confess, that is well within their rights and they should do so, but the reality is that citizens have no legal obligation to incriminate themselves. With this in mind, why would someone forgo their right to hire experienced legal counsel and fight for his or her case? The burden of proof is on the prosecution, and this reality upholds the standards of the American justice system.

Need a Criminal Defense Attorney?

If you are looking for a criminal defense attorney, look no further than the Law Offices of Kenneth Stover. Attorney Ken Stover has been working cases for decades, and as a result, he has helped hundreds of clients with their criminal defense needs.

Call (775) 502-1575 now for a free consultation of your case!

Police officers have authority over American citizens, but this authority comes with tremendous responsibility; officers must adhere to strict policies and statutes while in the line of duty. If an officer breaches a policy while performing their job, it calls into question their integrity and character as a cop. Therefore, the police must follow the rules of the arrest process, and a DUI arrest is no different.

DUI Arrest & Questioning Policies

Police have to follow a number of rules during a DUI arrest; the following are some of the most important.

Probable Cause for Pulling Over the Driver

First and foremost, police officers must have probable cause for pulling over a driver. Probable cause cannot be a “hunch” or based on intuition, but a clear and concrete reason legal reason for pulling someone over.

Common actions/situations that trigger probable cause:

• Broken taillights;
• Forgetting headlights;
• Swerving;
• Speeding; and
• Forgetting to Signal Lane Changes;

Any of the scenarios mentioned above is considered probable cause for a traffic stop.

Administration of Field Sobriety Tests

An officer will typically use the Standardized Field Sobriety Test (SFST) to determine if someone is impaired from drinking alcohol. When police give these tests, there are some things they must do to ensure that the suspect is tested fairly. If police fail to test the suspect properly, the DUI case may be dropped for insufficient evidence.

Reading of Miranda Warning

If cops believe someone is drunk, they may arrest the suspect. After the officer arrests the accused, he or she must recite the Miranda warning before questioning the suspect; otherwise, the accused's statements cannot be used against them in a court of law. This is because the Miranda warning lists off the accused’s rights as a person charged with a crime, including the right to remain silent. If an officer fails to read off the rights of the arrested before questioning him or her, judges will typically throw out statements made by the accused because they believe the person unknowingly incriminated themselves,

If you have been a victim of unlawful arrest, it is crucial you hire a criminal defense attorney to fight for your case. The Law Offices of Kenneth Stover can help you make your case!

Call (775) 502-1575 now for a free consultation for your case!

The casinos, entertainment, and nightlife in Nevada attract millions of tourists and residents alike every year. Since the state gambling industry generates billions of dollars, casino crimes are prevalent. That is why Nevada law makes have passed harsh laws to severely punish those who cheat or defraud casinos.

The following are the most common casino crimes in Reno and throughout Nevada:

1. Cheating - According to state law, cheating at gambling means manipulating the game in a manner which changes the odds of winning in a player’s favor.
2. Fraud - There are many different forms of gambling fraud, such as making the odds favorable, using inside information, claiming winnings on a bet not wagered, encouraging another person to cheat, bribing someone to change the outcome of a sporting event, and manipulating a gaming device.
3. Using counterfeit chips - It is against the law to possess, use, or manufacture counterfeit chips, tokens, credits, or any other items of value.
4. Using a cheating device - A cheating device is anything that gives someone an upper hand in any casino game, from predicting the outcome to counting cards.
5. Casino maker default - Considered as lines of credit when gambling at casinos, failure to pay a casino marker with a value of $250 or more is a Class D felony. On the other hand, if the value is less than $250, the crime is a misdemeanor.
6. Attempt or conspiracy to cheat - Any attempt to commit any of the crimes mentioned above or conspiring to commit a casino crime is considered a felony offense, punishable by the same penalties if the crime was actually committed.

Aside from failure to pay a casino marker, each offense on the list is a Class B felony, punishable by a maximum prison sentence of six years and a fine of up to $10,000. However, it is possible the defendant could avoid serving time behind bars in exchange for probation. But a second offense results in a mandatory minimum of one year in prison.

If you have been charged with a casino crime in Reno, our experienced legal team at the Law Office of Kenneth A. Stover is ready to fight for your freedom and future. We can evaluate your case, inform you of all the available legal options, then build a strong case to either get your entire case thrown out of court or reduce the potential penalties you face.

For more information about our skilled legal services, contact us and discuss your case with our Reno criminal defense attorney today.

Every year, millions of people throughout the United States celebrate the holiday season by eating, drinking, and being joyful. However, these festive months are also associated with a high volume of drunk driving fatalities.

Starting from Thanksgiving Eve (also known as “Black Wednesday”) and ended on New Year’s Day, police officers will be safeguarding the streets in large numbers and setting up DUI checkpoints to arrest intoxicated motorists. If you want your holiday season to be a merry one, it is crucial to take proactive steps to avoid putting yourself in that situation and getting charged with a crime.

The following are several tips to avoid a holiday DUI this year:

1. Do not drink and drive - Although it sounds obvious, many people continue to put their lives in danger despite understanding the ramifications of their actions. But not only does drunk driving result in a DUI arrest, but also potentially an accident, injury, or even death.
2. Have someone pick you up - Whether or not you drove to the event or venue, if you have been drinking for an extended period of time, get a sober person to pick you up from your location. Even if you’ve taken precautions by waiting for an hour after you’ve stopped drinking, or consumed food or water in between drinks, it only takes a .08 to get arrested.
3. Use a rideshare service or take public transportation - If no one can pick you up and all of the people you are with are in the same state as you are, you can request a ride from Uber or Lyft to take you home. If you want to stay on the frugal side, public transportation such as buses or trains is available at little to no cost.
4. Find a place to sleep - If you’re far away from home, either book a room at a nearby hotel or stay with a friend to avoid the roads. You and your friend can sleep well, not having to worry about how you will get home.
5. Host the gathering at your place - To avoid going out altogether, host the party or family gathering at your home. Make sure all your guests either get home safe or have them sleep over.
6. Obey the traffic laws - While we do not recommend this, if you do decide to drive, all a police officer needs is reasonable suspicion to pull you over. So follow all of the rules of the road. Additionally, check the internet or your local newspaper for any DUI checkpoints before driving.
7. Do not sleep in your car - Although it may seem like a good idea, “sleeping it off” can also result in a DUI. If you sleep in the driver’s seat with the engine running and the heater turned on to provide warmth, an officer could view this as an attempt to operate the vehicle, leading to arrest.

If you have been arrested for a DUI over the holidays in Nevada, our Reno criminal defense attorney at the Law Office of Kenneth A. Stover will do our best to help you obtain a positive outcome. We can guide you through the complexities of the criminal justice system and aggressively protect your rights, reputation, and future.

Contact us and schedule a confidential consultation today.

People often think of DUIs and bar fights as the kind of legal trouble drinking can cause. However, drinking alcohol isn’t the only way people can face alcohol-related charges. In fact, just having a bottle of beer in your possession can end in a criminal arrest due to open container laws.

What Constitutes an Open Container?

State statutes define an “open container” as any alcoholic container with a seal broken or that has been opened. If a container is opened, but someone places a top back onto it, the vessel is still considered open if it can never be fully closed or sealed again. Therefore, if a bottle of beer is opened, but someone puts the cap back on the bottle, it is still technically open in the eyes of the law.

Examples of open containers include:

• An uncorked bottle of wine
• A can of beer/wine with an open tab
• A liquor bottle with a broken seal/ unscrewed cap
• A plastic cup (such as a SOLO cup) filled with alcohol

Nevada Open Container Law

In Nevada, an open container is illegal to have in a vehicle and out in public spaces. A driver cannot use ignorance as a defense to an open container charge: even if the container is in the back seat or a passenger’s hands.

If a driver is charged with an open container violation, he or she could face fines and up to 6 months of jail time. Additionally, prior convictions can increase the penalties of this offense.

In regards to carrying an open container in public, the circumstances and location of the offense will impact the potential charges. In some cases, carrying an open container in Nevada is perfectly legal (like on the strip of Las Vegas). In other cases, carrying an open container can result in a criminal charge. Therefore, it is crucial you identify where and when carrying an open container is legal before you go out.

Protecting Your Rights

If you or someone you love has been charged for carrying an open container, you have the right to defend your case. Contact the Law Offices of Kenneth Stover for experienced legal representation in all alcohol-related matters.

Call (775) 502-1575 now for a free consultation concerning your case!

Etiquette is essential when you want to make a good impression. It’s important when you go on a job interview, when you meet your new neighbors, when you attend a funeral or church service, when you go to Back to School Night for your kids, and when you go on a date – etiquette is important in everyday life. It’s especially important when you have to appear in court.

One of the first things criminal defense attorneys do with their clients is teach them to how to behave in court. If a defendant falters in their actions or behavior, it can directly impact the outcome of their case. Rub the judge or the jurors the wrong way and it can lead to the harshest penalties allowed by the law.

How to Behave in Criminal Court

Want to give yourself the best chances of success at your court hearings? Follow these tips on how to behave in court. If you memorize them and follow our advice, you’re not setting yourself up for failure. Because, poor courtroom etiquette is a recipe for disaster.

Tips on preparing yourself for court:

1. Please leave your children at home. Court is not a place for kids unfortunately.
2. Arrive early.
3. Do not chew gum.
4. Do not bring food into the courtroom.
5. Before entering the courtroom, turn off your cellphone.
6. Do not wear earbuds or headphones.
7. Dress nicely, as if you’re heading to a job interview at a bank or attending church. If you had to come directly from work and you’re dressed-down, mention that to the judge.
8. Do not wear t-shirts, low-cut blouses, short skirts, baggy pants, tank tops, or flip-flops.
9. For women, do not wear revealing clothing.
10. Make sure your hair is neat.
11. Stand when the judge enters the room and sit when everyone else does.
12. Treat the other side with respect.
13. Answer questions, even if you think they are foolish.
14. Treat the prosecutor, the judge, the jurors, all courtroom staff, and your defense attorney with respect.
15. Do not argue with the prosecutor or the judge.
16. Do not give sarcastic answers.
17. Respectfully pay attention and listen.
18. Refer to the judge as “Your Honor.”
19. Do not interrupt the judge.
20. If the judge interrupts you, stop and listen.
21. Do not act immature, roll your eyes, or make faces in court.
22. Don’t lose your temper with the other side or the judge.

Are you looking for a Reno criminal defense lawyer to defend your charges? Contact the Law Offices of Kenneth A. Stover to schedule a free case evaluation.