Blogs from March, 2020

Domestic battery, also known as domestic violence, is one of the most charged crimes in Nevada. The main reason why is because the state has a “mandatory arrest law.”

According to NRS 171.137, if a police officer has probable cause – unless mitigating circumstances are present – to believe someone has committed domestic battery within the past 24 hours, the officer must arrest the alleged primary aggressor. Law enforcement officials do not need to obtain a warrant to make a domestic battery arrest.

A person who is arrested based on this law cannot post bail for at least 12 hours. On the other hand, if the police ultimately do not arrest anyone, the alleged victim can still pursue criminal charges against the alleged offender by requesting the prosecution file a criminal complaint.

Although domestic abuse is a serious issue in our country, many disputes arise in the heat of the moment. There are cases where alleged victims express immediate regret after the incident and request law enforcement officials to drop the charges and move on with their lives.

Unfortunately, recanting domestic battery allegations does not impact whether a case goes forward or not. The District Attorney’s Office has the authority to dismiss the case.

Prosecutors often consider the alleged victim’s initial allegations to be facts. When someone recants their statement, prosecutors may suspect that the person has ulterior motives, such as reconciling the relationship between him/her and the alleged offender, being afraid of testifying at trial, maintaining financial support because the alleged offender is the breadwinner of the family, or the alleged offender’s friends and family may seek vengeance against the alleged victim.

While facing criminal charges for recanting does not commonly occur, it is possible to be charged with “making a false police report” for falsely accusing someone of domestic battery. Making a false police report is a misdemeanor, punishable by a jail term of no more than six months and a maximum fine of $1,000.

If you have been accused of domestic violence in Reno, contact the Law Offices of Kenneth A. Stover at (775) 502-1575 today and request a free consultation to learn how we can help you.

A DUI is a serious offense in Nevada. Not only does getting convicted lead to serious penalties like driver’s license suspension, fines, and even jail time, but it also results in a criminal record that can negatively affect your life post-conviction.

You may be wondering if it is possible to get a DUI charge reduced to a lesser charge. While the answer is “yes,” getting a DUI charge reduced is much harder to accomplish compared to other criminal cases.

According to state law, prosecutors can reduce or drop DUI charges if the charge is not backed by probable cause or there is insufficient evidence in the case. In other words, prosecutors are required to pursue DUI convictions unless they cannot prove their case.

However, if one of these circumstances applies to your case, your DUI charge could be reduced to reckless driving. Although a reckless driving conviction in Nevada carries similar penalties as DUI such as fines and jail time, it is not punishable by a mandatory driver’s license suspension. Additionally, having a reckless driving charge carries significantly less weight than a DUI charge, and it is easier to get sealed.

If you have been arrested for a DUI in Reno, you still have a chance to hire an experienced criminal defense attorney to fight for you. At the Law Office of Kenneth A. Stover, we can thoroughly investigate your case, collect evidence related to your case, and determine if there are any inaccuracies or issues in the prosecution's argument against you.

Common issues in a DUI case include:

1. If the police established reasonable suspicion to make a legal traffic stop

2. If the police followed protocol when administering a field sobriety test

3. If the police properly calibrated the breath test device and use it correctly

4. If the defendant is diagnosed with a condition that may lead to inaccurate test results

5. If the arresting officer is available to provide testimony to the court

6. If there are any credible eyewitnesses

7. If there are any recordings of the incident

If one or more of the issues mentioned above is true, Attorney Ken Stover can help you get your charges/penalties reduced or your entire case dismissed. Get more than two decades of legal experience on your side immediately!

Contact us today at (775) 502-1575 and request a free consultation to learn about your legal options.