Blogs from 2020

There are two main forms of drug possession charges in Nevada: simple possession and possession with intent to sell or distribute. Simply put, simple possession means knowingly carrying, holding, or knowing the location of a controlled substance, while possession with intent means unlawfully possessing a drug for sale.

Although “intent to sell” could be difficult to prove because the prosecutor cannot get inside the mind of the defendant, intent must be proven by circumstantial evidence. Common examples include possessing a significantly large amount that is not considered for only personal use, possessing large amounts of money, the presence of individual bags and other packaging materials, and correspondence from customers on a cellphone.

Since possession with intent is more serious than simple possession, it is associated with harsher penalties in Nevada. For instance, possession of less than 14 grams of a Schedule I or II substance (e.g., cocaine, ecstasy, heroin, methamphetamine, etc.) is a Category E felony, while possession of any amount of such narcotics with intent to sell or distribute is a Category D felony.

Individuals who are charged with simple possession and plead guilty or no contest will often be granted no jail time and a “deferral of judgment,” which means the case will ultimately be dismissed if defendants complete certain sentencing terms, such as drug testing, rehabilitation, and fines. Those who are charged with possession with intent will not be eligible for such penalties, but they can serve up to four years in a Nevada state prison instead.

If you or a loved one has recently been charged with a drug crime in Reno, contact the Law Offices of Kenneth A. Stover today for a free initial consultation. Get more than 25 years of legal experience on your side!

If you are pulled over by the police for suspected DUI, the officers will conduct an investigation to determine if there is probable cause to make an arrest. Even if you end up arrested for and later charged with a DUI in Nevada, if law enforcement officials made any mistakes during the investigation, the case could ultimately be dismissed if the credibility of the officer and/or evidence comes into question.

The following are some of the most common errors committed by police officers during a DUI investigation:

Lack of Reasonable Suspicion

Law enforcement officials must obtain reasonable suspicion – or reasonable grounds that you are violating the law – before pulling someone over while driving. They must state the reason why you were stopped, such as you were speeding, failed to make a complete stop at a stop sign, making unsafe lane changes without signaling, or engaging in unsafe driving behavior.

We know that many officers still struggle with deep-rooted biases. They may, intentionally or not, target members of a certain race or gender. Such discrimination causes them to assume guilt or judge a person more harshly, leading to unjustified stops.

Moreover, police may believe a stop was completely justified, only to discover they were operating with incomplete facts. Maybe they truly believe you rolled through a stop sign or were speeding. However, they could have been positioned at just the wrong viewing angle, and they didn’t see the entire event correctly.

Field Sobriety Testing Errors

The police commonly use three NHTSA-standardized field sobriety tests (FSTs) to properly evaluate intoxication.

An officer could fail to properly administer a test or may not be properly trained or certified to conduct such tests.

Sometimes, officers fail to take outside conditions into account when conducting field sobriety tests. For instance, a woman wearing high heels in the rain could easily slip while walking a straight line. An overeager officer could pounce on this simple slip-up, using it to justify an arrest.

Moreover, police must often rely on their intuition when making DUI arrests. Someone suffering from certain medical conditions can exhibit strange behavior, and an officer can easily confuse these actions with drunkenness. Even a person with an odd, unique personality could be falsely accused of intoxication.

Breath Testing Errors

Officers must also be trained and certified to administer a breathalyzer test. They need to ensure the device is calibrated, perform a 15- to 20-minute observation period before conducting a test, and follow other important steps. A careless or hurried officer can easily miss or mistime such steps, leading to inaccurate results.

DUI Checkpoint Mistakes

The police must follow certain rules when setting up sobriety checkpoints or roadblocks. For example, checkpoints need to be visible at least 100 yards in either direction and signs with flashing lights must be at least 50 yards away or 700 feet away in rural areas. Officers must also have an unbiased procedure when stopping vehicles (e.g., every third or fifth car).

Overeager officers often overreach their authority. They assume that drivers won’t pay much attention and that they can get away with fudging the rules.

Using an Officer’s Mistakes to Your Advantage

A good legal defense should scrutinize every aspect of an arrest. Any slip-ups can lead to a case being thrown out or overturned.

• If the police stop you because of a hunch or personal bias, that is not enough to establish reasonable suspicion. These actions make the stop illegal, and any resulting evidence inadmissible.
• If testing was conducted incorrectly, then the results from these tests cannot be used in court.
• If you were arrested at an improper checkpoint; your case will likely be dismissed.

Make sure your attorney takes a close look at the arresting officer’s methods. If they see evidence of a mistake, they can use it to help beat your charges.

If you or a loved one has been arrested for DUI in Reno, contact the Law Offices of Kenneth A. Stover today for a free initial consultation. Let a former prosecutor protect your rights and freedom!

Whether another driver does something to annoy you or you are stuck in traffic, your irritation can turn into “road rage,” which is defined as aggressive and even violent driving behavior. Common examples of road rage include yelling at another driver with the window down, excessively honking the horn, and even using the car to strike another vehicle.

Not only can road rage result in a serious accident, but it can also lead to harsh criminal penalties. In the most extreme cases, road rage incidents have caused death and brought murder charges against the alleged offender.

Road rage can most likely lead to the following criminal charges in Nevada:

1. Reckless driving – Operating a vehicle in a “willful or wanton disregard” for others on the road or property is considered reckless driving, which is a misdemeanor that is punishable by a maximum jail sentence of six months and a fine not exceeding $1,000. However, if the alleged offense resulted in serious injury or death, then it is a Category B felony, which carries a prison term of up to six years and a maximum fine of $5,000.

2. Aggressive driving – Creating dangerous conditions for another person or vehicle. Common acts include speeding, improper lane changes, and tailgating. Aggressive driving has the same penalties as reckless driving.

3. Assault – Attempting to harm, threatening such harm, or otherwise making another driver or pedestrian feel they are in imminent danger is a misdemeanor with the same penalties as reckless driving. However, if the alleged offense involved a deadly weapon, then assault will be charged as a Category B felony.

4. Battery – If the road rage incident leads to the driver striking or otherwise using force against another driver or pedestrian, then it is considered battery, which is a misdemeanor that carries the same penalties as the preceding offenses.

If you were recently involved in a road rage incident in Reno and now face serious charges, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575 for a free initial consultation. Let a former prosecutor with 25 years of legal experience help you obtain the most favorable outcome in your case.

All marijuana-based products, such as cannabis concentrates, are legal in Nevada. Cannabis concentrates is extracted from marijuana, making it more potent than consuming a marijuana plant.

Common types of marijuana concentrates include:

1. Hashish (hash)

2. Kief

3. Wax

4. Badder or budder

5. Live resin

6. Tinctures

Adults who are 21 years of age or older may possess up to 1/8 of an ounce (or 3.5 grams) of marijuana concentrates for personal use. Concentrates can only be consumed or used in a private residence – not a hotel or dorm room.

Possession of cannabis concentrates in public is a misdemeanor, punishable by a $600 fine. Being under the influence of concentrates is also a misdemeanor, but carries more severe penalties, such as a maximum six-month jail term and fines of up to $1,000.

Possession of more than 3.5 grams – but less than one pound – of marijuana concentrates for personal use is a Category E felony, punishable by imprisonment between one year and four years, as well as fines not exceeding $5,000. However, defendants who plead guilty or no contest may be eligible for “deferral of judgment,” which means they can get their case dismissed if they follow certain conditions.

Possession with intent to sell or distribute is a Category D felony, which carries a maximum prison sentence of four years and fines of up to $5,000. The act of selling or transporting concentrates is a Category C felony, punishable by imprisonment for up to five years and fines no more than $10,000.

If you or a loved one is facing serious criminal charges associated with the possession of cannabis concentrates in Reno, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575 for a free initial consultation. Let a former prosecutor with 25 years of legal experience defend you immediately!

Because misdemeanors are not as serious of an offense compared to felonies, many people do not consider hiring a criminal defense lawyer when facing such criminal charges. However, no matter what type of charge you face, a conviction will always result in serious consequences.

The following are three reasons why you need to hire an attorney for a misdemeanor:

1. You can still spend time behind bars – A misdemeanor conviction in Nevada carries a maximum jail sentence of six months. Additionally, a gross misdemeanor conviction is punishable by a jail term of up to 364 days. Lastly, some terms carry minimum jail sentences, such as misdemeanor domestic battery.

2. You will have a criminal record – While being a convicted felon can result in the loss of gun and voting rights, having a misdemeanor conviction on your criminal record can prevent you from finding a job, getting accepted into college, and living a normal life.

3. You do not understand the criminal justice system – Whether it is your first or fourth time facing criminal charges, you do not have extensive knowledge of the legal process to obtain the most favorable outcome. If you let the legal system take its course, you will most likely end up serving the maximum penalties allowed by law. While you have the option of obtaining legal help from a public defender, they may not have the time and resources to get the results you desire.

If you are facing misdemeanor charges in Reno, look no further than the Law Offices of Kenneth A. Stover for aggressive and knowledgeable legal services. Attorney Stover is a former prosecutor for several counties throughout Nevada with more than 25 years of experience. He knows what it takes to either help you avoid conviction or get your charges/sentence reduced to avoid jail time.

Contact us today at (775) 502-1575 for a free consultation. Successfully defended clients in 70 courts throughout Nevada!

The holiday season is generally filled with joy and cheer. However, there is a spike in certain crimes during this time of year, which causes local law enforcement officials to increase their patrols throughout residential areas, as well as areas where festive gatherings take place, such as bars and restaurants.

The following are the four most common holiday crimes:

1. DUI – Since alcohol consumption is often part of the celebrations, the holiday season is always associated with an increase in drunk driving accidents. Not only are there more police officers patrolling the streets, but there are also sobriety checkpoints set up during the weekends to arrest suspected drunk drivers and keep roads safe. Check out our blog post titled, “How to Avoid Holiday DUIs,” so you don’t spend your holidays behind bars.

2. Domestic violence – When you combine the holiday stress and unresolved family issues, spending more time with loved ones can lead to a domestic violence dispute. Unfortunately, when police respond to a domestic violence incident, the result will most likely be an arrest – even if all parties regret their actions.

3. Theft – Because people tend to flood the malls and stores for their holiday shopping, the increased numbers of customers may distract and overwhelm retail workers and security guards, resulting in shoplifting. Additionally, there has been an increase in mail theft because of “porch pirates,” who wait until packages are delivered to steal them from doorsteps and mailboxes.

4. Burglary – The holidays often mean long vacations to visit family in another town or state. Since homes are left unattended for weeks or months during this time of year, burglary is a common issue in residential neighborhoods. However, not only are many modern homes equipped with security systems and doorbell cameras, but homeowners also have added security through the watchful eyes of their neighbors.

Facing serious criminal charges in Reno, NV? Contact the Law Offices of Kenneth A. Stover for a free initial consultation at (775) 502-1575 and discuss your case with a former prosecutor.

Getting arrested for a DUI in Nevada is a stressful and traumatic experience. Unfortunately, a conviction carries serious consequences, such as driver’s license suspension, fines, and even a jail sentence.

However, you may avoid jail time by participating in “DUI Court,” which is an alternative sentencing program that allows eligible drunk or drugged drivers to enter intensive rehabilitation instead of serving time behind bars. If you complete this diversion program, the DUI charge may be reduced to a lesser crime like reckless driving.

Keep in mind, not everyone facing a DUI charge in Nevada is eligible for this program. DUI defendants who are not addicted to alcohol or drugs, have more than two DUI misdemeanor convictions within a seven-year period, have been convicted of a felony DUI, or has seriously injured or killed someone while driving under the influence are not eligible for DUI Court.

The following are the two types of DUI Courts in Nevada:

• Misdemeanor DUI Court – This program enables eligible first- and second-time DUI defendants to avoid jail, get their charge reduced, and treat their addiction (however, second-time DUI defendants must serve at least five days in jail, rather than 10 days). Misdemeanor DUI Court may last between six months and three years. Conditions of this program include house arrest for 90 days, community service, ignition interlock device (IID) installation, weekly or bi-weekly counseling, random alcohol testing, and weekly check-ins with a judge.

• Felony DUI Court – This program enables third-time DUI defendants to avoid imprisonment and a felony conviction. Felony DUI Court may last between three and five years. Conditions of this program include house arrest for six months, ignition interlock device (IID) installation for at least one year, weekly or bi-weekly counseling, periodic alcohol testing, and weekly check-ins with a judge.

If you or a loved one has been arrested in Reno, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575 for a free initial consultation. Get more than 25 years of legal experience on your side!

If you or a loved are facing serious criminal charges in Reno, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575 for a free initial consultation. Get a former prosecutor on your side immediately!

On September 15, 2020, the Nevada Supreme Court ruled that drunk drivers who cause fatal accidents will no longer be charged with second-degree murder. The most serious charge a DUI motorist can face is felony DUI causing death.

DUI causing injury or death in Nevada is a category B felony, which carries a prison sentence between two and 20 years, a fine of up to $5,000, and driver’s license revocation or suspension for up to three years. On the other hand, second-degree murder is a category A felony, punishable by a prison sentence between 25 years and life – with the possibility of parole after serving 10 years of the sentence.

The decision by the state’s highest court arose from a case involving a man who was speeding between 70 and 142 miles per hour through a Las Vegas residential neighborhood before causing a collision. When he took a chemical test, law enforcement officials discovered marijuana in his system.

Chief Justice Kristina Pickering essentially said since there is no intent involved in killing someone while driving impaired, the state may not seek second-degree murder charges against drunk drivers who cause another person’s death in an accident. Clark County District Attorney Steve Wolfson said the ruling would lead to five second-degree murder cases being dismissed.

If you or a loved one has been charged with a serious DUI offense in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free initial consultation. Let a former prosecutor protect your rights, reputation, and freedom.