Blogs from 2019

Let’s say Reginald went out one night and had a few drinks. Unfortunately, although his normal faculties were impaired, he decided to get behind the wheel and drive home. During the trip, he ran a red light and crashed into another vehicle crossing the intersection. Sadly, the other driver was killed.

After reviewing Reginald’s situation, the prosecutor decided to charge him with second-degree murder. But can such charges stick? That’s the question currently being posed in Nevada because of a growing trend with prosecutors filing murder charges against drunk drivers who cause fatal car accidents.

The Controversy Behind Filing Murder Charges

In Clark County, where murder charges have been filed against 7 drivers since 2017, the District Attorney stated that this action is being taken to show the seriousness of the offense. However, his decision has been met with controversy.

Filing murder charges in DUI-related accidents resulting in death may undermine the legislative system. Policymakers enact laws that define prohibited behaviors and penalties for engaging in such conduct. When prosecutors take it upon themselves to decide how to punish certain acts, in essence, they are determining the laws.

In Nevada, a statute already exists concerning how to punish drunk drivers who cause accidents that result in substantial bodily harm or death. That law is separate from the second-degree murder statute that the Clark County D.A. wants to pursue in such cases.

Under NRS 484C.430, if a person is driving under the influence of drugs and/or alcohol, and they cause a fatal accident, they could be found guilty of a category B felony.

The conviction penalties for a violation of NRS 484C.430 include a:

1. Prison sentence between 2 and 20 years
2. Fine between $2,000 and $5,000

In Nevada, second-degree murder is defined as engaging in reckless behavior that results in the unintentional killing of another. If a person is convicted of this offense, which is a category A felony, they could be punished by up to life in prison.

Those opposed to the D.A.’s actions say that the punishments for drunk driving fatalities are already severe enough. The offense doesn’t warrant filing second-degree murder charges, and doing so is prohibited by law.

The D.A. stated that the drunk drivers charged with second-degree murder engaged in reckless behavior while behind the wheel, which fits the definition of the offense.

After a motion was filed to stop such practices, the Nevada Supreme Court, which denied the request, stated that the issue raises interesting questions about how laws are interpreted. The Clark County D.A. said that he will continue to pursue fatal drunk driving crashes as murder cases until the Supreme Court tells him he can’t.

Contact the Law Offices of Kenneth A. Stover for Legal Representation

If you were charged with a DUI-related offense in Reno, we’re ready to help you fight charges. We will examine relevant statutes and case law to ensure your rights are protected.

Speak with our skilled attorney during a free consultation by calling us at (775) 502-1575 or contacting us online.

Besides jail time and fines, being convicted of a felony can have a number of long-term consequences. One of the punishments you can face is having your gun rights restricted. That means, although the Constitution guarantees the right to bear arms, you, as a convicted felon, would not be able to exercise this right. If you violate the law, you could be facing a prison sentence and fines.

What Law Restricts Gun Rights?

N.R.S. 202.360 is the Nevada statute that prohibits you from possessing or purchasing a firearm. The law applies if you have been convicted of a felony in this State or another state. The only way you would legally be allowed to own a gun after being convicted of a felony is if you received a pardon for the offense.

However, being an ex-felon isn’t the only time your firearm rights could be restricted.

The law also states that a person is prohibited from possessing firearms if they:

1. Were convicted of a misdemeanor domestic violence crime as defined by federal statutes
2. Were convicted of stalking
3. Have a domestic violence order of protection issued against them
4. Fled the state or any other to avoid prosecution
5. Are addicted to alcohol or controlled substances
6. Are prohibited by federal law from having a gun

What Are the Potential Penalties?

Being an ex-felon in possession of a firearm is a serious offense and the punishments for a violation of the law are severe. If you were convicted of a felony, or are restricted from owning a gun because you fall under one of the categories listed earlier, you could be charged with a category B felony.

The conviction penalties for this offense include a:

1. Prison sentence between 1 and 6 years
2. Fine of up to $5,000

If you were deemed mentally ill in a criminal case, were committed to a mental health facility, entered a plea of guilty but mentally ill, or are in the U.S. illegally, possessing a firearm is a category D felony. If convicted, you could spend up to 4 years in prison and/or be ordered to pay a fine of $5,000.

Are There Federal Charges?

Firearm restrictions for ex-felons aren’t imposed by only state laws. Federal statutes also prohibit you from possessing a gun.

The situations in which it is unlawful for a person to own a gun are similar in state and federal laws.

However, 18 U.S.C. § 922(g) also forbids firearm ownership if a person:

1. Was dishonorably discharged from the military, or
2. Renounced their U.S. citizenship

The conviction penalties for violating the federal law concerning illegally possessing a firearm increase. If you are found guilty you could be sentenced to up to 10 years in prison and may be ordered to pay a fine.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

If you’ve been accused of committing a felony in Reno, speak with our experienced attorney as soon as possible. We will begin building a solid legal strategy on your behalf and will work toward a favorable outcome in your case.

For help fighting criminal charges, call us at (775) 502-1575 or contact us online.

Say you’re driving down the highway when you notice the lights of a police car flashing in your rearview mirror. You look down at your speedometer and see that you’re going around 10 mph over the speed limit. You pull over for the officer and expect to be cited for the traffic offense, but a little while later you find yourself arrested on suspicion of driving a stolen vehicle.

How could that happen?

In Nevada, theft is defined as intentionally taking or driving off with personal property owned by someone else. The state defines two types of theft: grand larceny and petit larceny. Grand larceny occurs when the stolen item is valued at $650 or more, and petit larceny is when it’s has a value of less than $650.

Let’s say the car you were driving was registered to your friend. You asked to borrow it a week ago because your vehicle was in the shop getting repaired.

Earlier in the day, before you were pulled over, your friend called you to ask for their car back within the next hour. You told them that you had to be at work in 15 minutes and would return the vehicle to them after your shift. Unfortunately, they got angry with you and complained about the length of time you had the car. Without saying much more, they hung up.

After you got off work, you rushed over to your friend’s house to return their car, and it was while you were heading over there that the police stopped you. It turned out that, in a fit of rage, your friend called the police to report their car stolen. Therefore, you were arrested for grand larceny of a motor vehicle, which is a category B felony charge.

If you are convicted of grand larceny of a motor vehicle, and the prosecutor can prove it was worth $3,500 or more, you could face:

1. Between 1 and 10 years in prison
2. A $10,000 fine
3. An order to pay restitution to the vehicle owner

The Intent Behind the Action

N.R.S. 205.220, the grand larceny law, states that a person commits the offense when they intentionally take or drive off with someone else’s property. In the example given earlier, you believed you were given permission to borrow your friend’s car. It was only after they became upset that you still had it that they reported it as stolen. Because the police were alerted as such, they placed you under arrest.

However, in order for the prosecutor to land a conviction for the grand theft offense, they would have to prove you intentionally took the vehicle from your friend. In this case, it may be possible to raise the defense that you had no intent to steal the car.

Get Aggressive Defense from the Law Offices of Kenneth A. Stover

If you were charged with a theft crime in Reno, our attorney will fully review your circumstances to build a legal strategy and fight the allegations. Backed by 20 years of experience, we have the knowledge and skills to provide effective counsel throughout your case.

Schedule your free consultation by calling us at (775) 502-1575 or contacting us online.

Nevada, as in all other states, has what is called the statute of limitations that place deadlines on when the prosecution can file charges against a person alleged to have committed a crime. If they try to prosecute the matter outside of that time period, the case may be dismissed. The statute of limitations applies to felonies and misdemeanors, including assault. Whether or not you can be charged with an assault offense that occurred over 1 year ago depends on the circumstances of your case.

The Rationale Behind the Statute of Limitations

In criminal cases, for prosecution to convict you of an offense, they must prove beyond a reasonable doubt that you committed the alleged crime. This burden requires that the prosecutor present evidence in court that supports their allegations.

The evidence the prosecutor submits could include any number of things, such as eyewitness testimonies, blood samples, security camera footage, and documents. Over time, evidence can degrade, samples could get lost, and a witness could forget the details of the incident.

In the U.S., every person has the right to a fair trial. If your case is heard long after the alleged offense occurred, your constitutional protection could be violated because of problems with the prosecutor’s, or your evidence. That is where the statutes of limitations come in. These laws are a way to ensure your rights are upheld by not allowing a case to commence a while after the crime.

The deadline for beginning prosecution varies depending on the type or level of offense. In some circumstances, such as murder cases, there is no statute of limitations at all.

Here, we’ll just focus on the statute of limitations for assault.

What Is Considered Assault in Nevada?

In Nevada, if you try to use physical force against someone else, you could be accused of committing a crime. For example, attempting to punch someone but missing them is considered assault. Likewise, it is unlawful for you to intentionally make another person reasonably fear that you will cause them bodily harm, such as by pointing a gun at the individual.

What Is the Statute of Limitations for Assault?

Generally, simple assault, an offense without the use of a deadly weapon, is charged as a misdemeanor. For instance, if Bob upset you and you tried to punch him in the face but he ducked out of the way, you’re facing a misdemeanor charge. If that alleged incident happened over 1 ½ years ago, can the state still prosecute that crime?

In this case, no. According to N.R.S. 171.090(2), the complaint for a misdemeanor offense such as assault must be commenced within a year of the incident.

However, if Bob was a police officer and you knew that, then the state could file charges against you even if the offense occurred over a year ago.

Why? Because the offense becomes a gross misdemeanor when it’s committed against any of the following while they’re performing their official duties:

1. Officer
2. Health care provider
3. School employee
4. Taxicab driver
5. Transit operator
6. Sports official

The prosecution can commence within 2 years of the alleged offense.

The state has even longer still for felonies. Assault becomes a felony when a deadly weapon is used. That means if you pointed a gun at Bob and he feared you would harm him, the prosecutor can start a case against you up to 3 years later.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

Our attorney is prepared to provide the legal defense you need to fight criminal charges in Reno. We have been practicing law for 20 years and know how to build a solid strategy and work toward a favorable outcome on your behalf.

For aggressive legal counsel, call us at (775) 502-1575 or contact us online.

In Nevada, if a person breaks into a structure or vehicle to commit a crime, they could be charged with burglary. If they're stopped before actually getting to the place they plan to unlawfully enter, and specific items are found on them, they could be prosecuted for possessing burglary tools.

Nevada’s Burglary Law

Let’s say Priscilla was walking down the street, looked into the open window of someone’s home, and saw a brand new 72” television on the wall. She decided that she wanted that TV, so she made plans to break in and take it.

Needing gear for her planned offense, she went to her local hardware store and picked up some items to pick a lock. She also bought gloves and a ski mask to protect her identity if an investigation ensued after she took the TV.

A couple of weeks later, Priscilla headed back to the street where she saw the TV, waited until the occupants were gone, and let herself in. She started to take the television off the mount when she heard someone enter. Turning around, she saw that the police were behind her. Apparently, the house she broke into had an alarm system, and law enforcement was notified of an unauthorized entry.

Priscilla was arrested and charged with burglary. Under NRS 205.060, this offense is defined as entering into a building or vehicle with the intent to commit another crime while there. In Priscilla’s case, she was charged with the offense because she was planning on taking the $1,500 TV, which is grand larceny.

Although the above example concerns a theft crime, a person can be charged with burglary even if they weren’t planning on stealing something from the place they entered.

In Nevada, a person violates the law if they enter a structure or vehicle, and they plan on committing any of the following:

1. Theft,
2. Assault or battery,
3. A felony offense, or
4. Obtaining money by deception

To be charged with burglary, the person who entered the structure need not have actually carried out the intended offense. Merely breaking into a place with the intent to commit a crime is enough to bring charges.

Burglary is a category B felony. If Priscilla is convicted of this offense, she could face up to 10 years in prison and/or a fine of up to $10,000. The penalties increase if the person committing the offense had a deadly weapon on them. Then, receiving a guilty verdict could result in up to 15 years in prison and/or a fine of up to $10,000.

Nevada’s Possessing Burglary Tools Law

You might know that burglary is a crime, but did you also know that possessing tools to commit this offense can also get a person in trouble with the law?

Let’s return to our example of Priscilla and her intent to steal a TV. She bought all the tools she needed to carry out her plan, and she was on her way to the house. While she was distracted, she ran a stop sign. Unfortunately for Priscilla, a cop witnessed her mistake.

Officer Dobbs pulled Priscilla over to issue a citation for the traffic violation. When he looked into her vehicle, he saw that she had tools that could be used to break into a house. He arrested her for possession of instruments with burglarious intent.

Under NRS 205.080, a person commits possession of burglary tools when they:

1. Make, repair, or possess instruments that can be used to commit a crime; and
2. They intended to use the tools to carry out an offense

Burglary instruments could include things such as:

1. False keys,
2. Lockpicks,
3. Bits,
4. Nippers, or
5. Other equipment or machinery that’s typically used to commit an offense

Depending on the specifics of the circumstances, various defenses could be brought up to fight charges. For instance, the prosecutor must prove that the defendant had the tools in their possession to commit a crime. Some people might have what seem to be burglary instruments but have no intention to carry out a criminal offense with them.

Possessing burglary tools is a gross misdemeanor punishable by up to 364 days in jail and/or a fine of up to $2,000.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

If you need dedicated and effective legal representation in Reno, reach out to our attorney today. We understand the seriousness of criminal charges, and we fight aggressively to ensure your rights are protected. We will work to secure a favorable outcome in your case, such as a “not guilty” verdict or case dismissal.

To get 20 years of experience working for you, call us at (775) 502-1575 or contact us online.

In Nevada, if you are arrested for driving under the influence, you might be subject to a driver’s license suspension at both administrative and criminal levels. An administrative penalty is that placed by the Nevada Department of Motor Vehicles (DMV), and the criminal sanction is that which results from a conviction for a DUI offense.

Whether you lose your driving privileges because of an administrative or court decision, the effects on your life can be tremendous, as such a punishment could make it challenging to get to work, school, or to fulfill family obligations. If you drive while your license is suspended, you could be charged with a misdemeanor and face up to 6 months in jail.

You might think that after the suspension period is over your driving privileges are automatically restored. However, that is not the case, and you must file a request to have them reinstated.

How Long Is My Driver’s License Suspended?

The amount of time your driving privileges will be revoked depends on your specific circumstances. The revocation period could be up to 3 years.

Various factors are considered when determining a suspension length, such as:

1. Whether or not you refused to submit to an evidentiary test,
2. What your blood alcohol concentration level was, and
3. If you have any previous DUI convictions

Scheduling a DMV Hearing

The DMV will send you a notice in the mail letting you know that you will lose your driving privileges because of a DUI offense. The letter will state the start and end dates for the period of suspension. If you are appealing the sanction, you must request a hearing with the DMV Office of Administrative Hearings.

During the DMV hearing, you will present your case to an administrative judge, providing support for your claim that the driver’s license sanctions should not be placed. The process for an administrative hearing is similar to a criminal case in that the judge will hear evidence and make a verdict based on the information you provide. However, the scope of the hearing is only to determine if you had an unlawful BAC level or a detectable amount of a controlled substance in your system.

If your request is denied or you fail to schedule the hearing, you will lose your driving privileges for a specific amount of time.

How Do I Restore My Driving Privileges?

The DMV won’t send you a notice that your suspension period is up. It figures that the initial letter you received is sufficient because it alerted you of both the start and end dates.

If you wish to restore your driving privileges before the revocation period ends, you must have an ignition interlock device (IID) put in on any car you drive. A certified manufacturer must install the IID in your car. After you choose an installer, you must contact the DMV to receive information about other requirements you must fulfill to reinstate your privileges.

If your suspension period has ended, you must comply with all reinstatement requirements to get your driver’s license back. You can make a request to the DMV to restore your privileges at any time after the revocation has been lifted.

The conditions for reinstatement may include, but are not limited to:

1. Taking a written test
2. Providing proof of SR-22 insurance
3. Paying reinstatement fees

The DMV might have other requirements for you to fulfill, but it would need to evaluate your specific case to determine what those would be.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

If you’ve been charged with a DUI or you’re facing a driver’s license revocation or suspension, our attorney will provide sound legal advice for the process. Whether it’s fighting charges or working toward re-establishing your driving privileges, we will be by your side every step of the way.

Discuss your situation today by calling us at (775) 502-1575 or schedule your free consultation by filling out an online contact form.

In a landmark decision, the Nevada Supreme Court ruled that individuals charged with misdemeanor battery domestic violence are entitled to jury trials. Typically, non-felony offenses penalized by incarceration of 6 months or less are heard and decided only by a judge. However, the Justices said that the consequences of domestic violence are severe enough that cases should be presented in front of a panel of jurors.

Loss of Gun Rights Make the Offense Serious

The Justices referred to a 2015 law that changed the punishments for a battery domestic violence conviction. If a person is found guilty of this offense, they are stripped of their Second Amendment right to bear arms. The Nevada Supreme Court said that because the alleged offender faces such a penalty, the crime is increased from “petty” to serious, and the defendant has the right to request a jury trial.

Case Leading Up to Supreme Court Decision

The rule change came after a Nevada man was charged with misdemeanor battery domestic violence. Before his trial, he asked that a jury hear his case, but the court denied his request. He was convicted of the offense.

The man appealed the decision because he was denied the right to a jury trial. The matter was taken to the Nevada Supreme Court, which unanimously decided that the trial court erred in its ruling.

Effects of Jury Trials

Allowing jury trials for misdemeanor battery domestic violence could be beneficial for a defendant. Rather than having one person determine the outcome of the case, a panel of community members will decide. Multiple people will weigh the evidence and deliberate before reaching a verdict.

The new rule could also create issues within the courts. In 2017, over 30,000 battery domestic violence incidents were reported in Nevada. For those cases that go to trial, a great number of resources would need to be used to select and accommodate jurors. Many courts might not be equipped for jury trials and would need to dip into their budgets to make changes. This could result in many cases being settled with plea bargains as opposed to verdicts.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

If you’ve been accused of committing an offense, our attorney is ready to provide the effective counsel you need. Backed by over 20 years practicing law and experience as a prosecutor, we know how to build innovative strategies to challenge the evidence against you. We understand that there are two sides to every story, and the charges could be the result of false allegations. By thoroughly preparing for your case, we will work toward a favorable result on your behalf.

Speak with our attorney today by calling us at (775) 502-1575 or contacting us online.

According to the National Association of Professional Background Screeners (NAPBS), 95% of companies will conduct some type of background check during the hiring process. That means if you are applying for a new position, your potential employer might look at your criminal history before making a selection decision.

If you have ever had a run-in with the law, you might be wondering what information the organization will get concerning your record. The answer to that depends on how extensive the company’s search is and what type of position you’re applying for. For instance, a financial institution might conduct a thorough criminal history check because the position deals with money and other people’s personal data such as bank account information and Social Security Numbers.

Why Do Employers Check Criminal History?

Employers conduct background checks for different reasons. They could be looking to verify the information you put on your application. For example, some companies will ask if you have been convicted of an offense or if you are currently being investigated for a crime. If either situation applies to your circumstances, but you fail to acknowledge it, the inconsistency might raise a red flag for the employer.

The company you’re applying for might also conduct a background check to protect themselves from liability issues. Say you’re seeking a position as a bus driver, but have been convicted of a DUI. If the employer does not know that before hiring you, and you cause an accident, they could be held liable for damages.

When Can an Employer Run a Background Check?

The Fair Credit Reporting Act sets the standards companies must follow when requesting criminal background checks. Before an employer can initiate one, they must let you know that they are doing it and ask for your consent to move forward. Once they have permission to run the report, they might hire a third-party company to conduct it.

What Type of Criminal Information Can a Company Access?

In Nevada, potential employers are limited on what kind of information they can get. Generally, only conviction and parole or probation information will show up on a background check. Typically, data involving arrests or sealed records are not available. However, if you are applying for a government job, your potential employer could obtain criminal information that has been removed from your public record.

What Rights Do You Have?

Under Title VII of the Civil Rights Act of 1964, employers cannot use criminal history information to discriminate against a potential employee. If the company decides not to move forward with the hire, they must be ready to provide justification for their decision.

The employer must show that they looked at the entire circumstances, including:

1. The type and level of offense
2. The nature of the position
3. The length of time between the offense and employment application process

Background check information is not always accurate. Therefore, it’s important to do your own research before applying for a job. If you obtain a copy of your criminal record and data is misreported, dispute the information to get the matter cleared up before it impacts your ability to get hired.

For Skilled Legal Guidance, Contact the Law Offices of Kenneth A. Stover

If you were charged with an offense, a conviction could show up on your criminal record, affecting you for the rest of your life. Understanding the seriousness of allegations, our attorney will fight hard to protect your rights and work toward a favorable outcome on your behalf. If you were arrested or convicted, we can also guide you through the record-sealing process to keep the information from appearing on most background checks.

We are ready to provide effective legal counsel in Reno. Schedule your free consultation by calling us at (775) 502-1575 or contacting us online.

On July 1, 2019, a criminal justice reform bill, referred to as the Nevada Second Chance Act, went into effect. This piece of legislation streamlines the process for having certain crimes wiped from a person’s record. Governor Steve Sisolak signed the measure into law in May of 2019, stating that this new statute would allow a better future for those who were convicted of a now-decriminalized offense.

Sealing Records for Offenses that Are No Longer Unlawful

Although the bill applies to convictions for crimes that are no longer illegal under Nevada statutes, or may in the future become decriminalized, it will substantially affect people charged with minor marijuana offenses.

On January 1, 2017, it became legal for adults 21 years of age and over to purchase, possess, and consume the substance. Yet, it was difficult for an individual charged with a related offense before the law went into effect to get their record cleared.

Having a criminal conviction makes it difficult for a person to get credit, purchase or rent a house, or even attend higher education. Now, with the new process, individuals can complete a specific form and submit it to the court to have their conviction wiped clean. That means it would no longer be accessible to the public or appear on most background checks.

The Request Could Be Challenged

Although the record-clearing process is more efficient, the prosecuting attorney could challenge a person’s request, providing proof that the application should be denied. If the prosecutor contests the submission, the filer must respond within 10 days.

For Seasoned Legal Representation, Contact the Law Offices of Kenneth A. Stover

Understanding the adverse effects a conviction can have on your life, our attorney is here to guide you through the record-sealing process. We have extensive experience helping individuals successfully wipe their criminal past clean and prevent public access of it.

To discuss your circumstances and record-sealing options, call us at (775) 502-1575 or contact us online.