Blogs from September, 2018

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.

We have all seen a movie where a couple of friends are drinking and joyriding when a cop shows up and arrests the driver. The driver is charged with a DUI, but the movie doesn’t show if the passengers are charged with anything. In real life, passengers can be charged with a couple of things during a DUI arrest.

Can You Be Charged With a DUI if You Are a Passenger?

Although not common, a passenger in a DUI arrest can also be charged for a DUI. The passenger must legally become a driver to be charged with a DUI. Traffic laws state that anyone who touches the wheel while the car is in motion is a driver of a vehicle.

Therefore, if a passenger touches the steering wheel while the car is in motion and the cops hear/find out about, the passenger and the driver can both be charged for a DUI.

Public Intoxication & Disturbing the Peace

In Nevada, there is no law against public intoxication; therefore, a passenger cannot be charged just for being drunk. While people are safe from being charged for public intoxication, they can still be charged for disturbing the peace. If you “disturb the peace” in your drunken state as a passenger during a DUI arrest, you could be charged for disturbing the peace. Therefore, it’s always best to stay silent and comply with the police officers’ requests during a DUI arrest.

Underage Drinking

During a DUI arrest, anyone in the car who is underage and found to have a BAC level over the legal limit for minors will probably face a charge for underage drinking. Underage drinking is illegal no matter where someone sits in a vehicle, and since the police have the right to pull over the driver for a DUI, they also have the right to test passengers for their BAC and to check their IDs.

As you can see, passengers can face charges during a DUI arrest. If you or a loved one have been arrested for a DUI or any of charges mentioned above, contact attorney Kenneth Stover at (775) 502-1575 for a free consultation of your case.

If you’re not from Nevada originally, you’re probably used to strict liquor laws. Bars in your home state probably have a state-mandated “closing time” and some stores might not even sell beer or hard liquor. You may have to go to an actual liquor store to buy a bottle of Merlot or Jack Daniels.

While the legal drinking age in Nevada is 21 and it’s against the law to drive under the influence of alcohol or drugs just like other states, most of Nevada’s other liquor laws differ from the rest of the country. Visitors in Reno may discover that Nevada’s alcohol-related laws are a lot more relaxed than most states.

Most notably, beer, wine and liquor can all be purchased at Nevada grocery stores. Liquor can be sold 24 hours a day, seven days a week by licensed establishments, and bars do not have to close by any specified time. They can be open all night.

What About Public Intoxication?

Many if not most states have laws outlawing public intoxication, but that’s not the case in Nevada. Under NRS 458.260, the act of public intoxication or being a “drunkard” is not a public offense and cannot be treated as such by any ordinance of a town, city, or county.

The above means that throughout Nevada, state law prohibits any city or county ordinances making public intoxication a public offense. However, it is illegal to drive a motor vehicle while intoxicated by drugs or alcohol – DUI is still highly frowned upon.

What you need to know about Nevada’s alcohol laws:

1. Driving under the influence (DUI) with a blood alcohol concentration (BAC) of .08% is against the law; however, someone can still be convicted of DUI with a lower BAC.
2. Minors cannot be in the area where liquor is sold, including casinos, bars, and hotels.
3. Minors cannot enter bars and taverns where liquor is sold.
4. It’s illegal for a minor to present a fake ID.
5. It’s illegal for adults, including parents, to provide minors (under the age of 21) with alcohol.

Are you facing DUI or alcohol-related charges in Reno? If so, contact us at (775) 502-1575 to schedule a free case evaluation.