Blogs from September, 2019

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.