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Blogs from July, 2020

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Most Recent Posts from July, 2020

  • Online shopping has significantly grown in popularity over the last few years, especially during the holidays and now during a pandemic. However, there is a new type of thief – known as the “porch pirate” – who unlawfully capitalizes on this recent trend.

    In the past few years, several states have passed laws that specifically address this type of mail theft. In Texas, for example, stealing mail is punishable by a sentence between 180 days in jail and imprisonment for 10 years and fines ranging from $4,000 to $10,000, based on how many people were affected by the theft. In Michigan, the first offense for mail theft carries a maximum jail sentence of one year, while a second offense is punishable by a prison term of up to five years.

    Furthermore, mail theft is a federal crime, which can result in a maximum five-year federal prison term and fines not exceeding $250,000. However, federal law only applies to mail delivered by the United States Postal Service (USPS), not Amazon, FedEx, or UPS.

    In Nevada, the criminal charges and penalties of mail theft depend on the value of the stolen item. If the item is worth less than $250, then the crime is considered “petty theft,” which is a misdemeanor that carries up to six months in jail and a fine no more than $1,000. If the item is worth between $650 and $35,000, the crime is “grand larceny,” which is a felony that carries a maximum prison term of five years and a fine of up to $10,000.

    Unfortunately, people are accused of being porch pirates due to mistaken identity or making an honest mistake to assume the package belongs to them. In addition, states with specific theft laws address porch pirates that may specifically target the underprivileged and lead to mass incarceration.

    If you or a loved one has been accused of theft in Reno, contact the Law Offices of Kenneth A. Stover today for a free consultation. Discuss your case with a former prosecutor immediately!

    Nevada Theft Laws & Porch Pirates
  • In order to avoid getting a DUI, many Nevada residents elect to ride their bicycles rather than drive their vehicles. However, can you still get a DUI for riding a bike?

    The answer is a resounding “no.” Nevada DUI laws only apply to vehicles and motorcycles, not to bikes or even electric bicycles and e-scooters.

    Keep in mind, intoxicated bicyclists can still face other types of criminal charges. One of the most common crimes associated with cycling under the influence is “reckless endangerment.”

    Reckless endangerment is dined as intentionally or willfully neglecting the safety of other people or property. Biking under the influence may fall under this significantly broad crime since erratic cycling can likely lead to an accident involving drivers, other pedestrians, and property.

    If the reckless endangerment charge does not involve serious injury or death, then it is considered a gross misdemeanor, which carries a maximum 364-day jail sentence and a fine no more than $2,000. By contrast, if the charge does involve serious injury or death, then it is a category C felony, punishable by imprisonment for up to five years and a maximum fine of $10,000.

    Bicycling while intoxicated in Nevada may also result in the following related charges:

    • Failure to stay on the right side of the road

    • Failure to hand-signal prior to turning

    • Failure to have working brakes, reflectors, and/or lamps

    The biking violations above are generally considered misdemeanors, which carry a jail term of up to six months and a fine not exceeding $1,000.

    If you were arrested for cycling under the influence in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free initial consultation. Our founding attorney is a former prosecutor with nearly two decades of trial-tested experience!

    Can I Get a DUI While Riding a Bike in Nevada?