Blogs from October, 2019

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.