Blogs from 2021

In the United States, driving is a privilege, and each state has the ability to revoke that privilege if they feel a driver has acted irresponsibly. Licenses are issued based on certain requirements and with certain rules in place. Failing to meet those requirements or breaking the rules can lead to losing a license. Penalties are especially strict for drivers who lose their privileges due to a DUI. The loss of driving privileges can be devastating for certain people and getting them back can be difficult. However, it is a possibility in some cases, and certain legal strategies can be used to help aid in this process.

Driver’s License Requirements in Nevada

Each state has distinct requirements for issuing driver’s licenses. In the state of Nevada, the requirements to receive a driver’s license are as follows:

• First, the person seeking a license must apply for a Nevada Instruction Permit, which is the steppingstone to a full Driver’s License. To be eligible for the permit, a person must:
  • Be able to provide proof of their identity
  • Live in the state of Nevada and provide a Nevada address
  • Inform the Department of Motor Vehicles of any preexisting permits or identification cards
  • Apply for the permit in person at a Department of Motor Vehicles location
  • Pay the required fees, which are applicable to testing and the permit itself
  • Pass a vision test
  • Pass a written knowledge test
  • Have their picture taken
• If the applicant is younger than 18, they must complete a driver’s education course. This requirement can be fulfilled by taking a course and completing 50 hours of supervised driving, or solely by 100 hours of supervised driving.
• After a permit is granted and all requirements have been met, an applicant can take a driving skills test to receive a full driver’s license.

Why Would Someone Lose Their Driving Privileges?

To ensure that roads are safe for all drivers, the state of Nevada penalizes those who drive under the influence, who do not maintain their vehicles in a safe manner, and/or who otherwise endanger other drivers. In some cases, the state will remove someone’s driving privileges as punishment. Here are the most common reasons driving privileges are revoked:

• Driving under the influence: Anyone caught driving under the influence of drugs or alcohol will have their license suspended. The duration of the suspension depends on how severe the violation was.
• Refusing a chemical test: If someone is pulled over on suspicion of a DUI and they refuse to comply with chemical testing, their license will be suspended.
• Driving without a license: If someone is driving without their license on them, their driving privileges can be suspended.
• Driving with a suspended license: Anyone caught driving with a license that has already been suspended will see the duration of their suspension increase, and they may receive a prison sentence of up to 5 years in length. The amount of time added to their license suspension will depend on why their license was initially suspended.
• Driving uninsured: Proper insurance is a legal requirement for all vehicles in Nevada. If a driver is caught operating an uninsured vehicle, their license may be suspended.
• Violating driving-related laws: If someone engages in any activity that qualifies as reckless driving, if they are at fault in certain accidents, if they are involved in street racing, and more, they can find themselves with a suspended license.
• Failure to pay: If someone fails to make payments on certain government-mandated accounts, such as child support, traffic tickets, or car registration, their license may be suspended. This also applies to anyone who tries to pay these fees with a check that bounces.
• Disqualification due to physical or psychological reasons: If the DMV determines that a person is temporarily unfit to drive, physically or mentally, they may suspend that person’s license until they have regained the faculties needed to safely operate a vehicle. The DMV can order re-evaluations to make such determinations.

License Suspensions Due to DUIs

All drivers convicted of a DUI will face a license suspension; the length of their suspension will be based on a few key factors. These factors include whether it was their first DUI and whether it was considered a felony DUI. Some of the terms regarding license suspensions for DUIs in Nevada are as follows:

• A driver convicted of their first DUI (or first DUI within 7 years) will have their license suspended for at least 185 days. However, many defendants in this situation are allowed to continue driving if they consent to installation of an ignition interlock device in their vehicle.
• A driver convicted of their second DUI within 7 years (including DUIs they received in other states) will have their license suspended for one full year. There is no option for drivers in this situation to continue driving with an ignition interlock device or otherwise.
• A driver convicted of a felony DUI will have their license suspended for 3 years. Many drivers in this situation are allowed to begin driving again after the first year if they consent to an ignition interlock device.

Felony DUI is one of the most serious driving offenses, and the license suspension that follows is the most serious in conjunction. A felony DUI in Nevada could be a 3^rd DUI within 7 years, a DUI that resulted in death or injury, any DUI that happens after a felony DUI conviction, or a DUI that results in vehicular homicide.

Getting a Suspended License Reinstated After a DUI

The process of getting a license reinstated after it was suspended due to a DUI can be difficult, but following the rules laid out by a judge and being patient can help make it happen as soon as possible.

As stated earlier, certain drivers can begin driving again before their suspension is over by opting for an ignition interlock device. However, the driver is responsible for all fees associated with the device, including the $150 installation fee and $75 worth of monthly fees for monitoring and calibrating the device.

Any driver seeking the reinstatement of their license after a DUI-related suspension will have to prove to the DMV that they still hold valid insurance for their vehicle. They may also be required to pass a written test, and they will have to pay reinstatement fees to the DMV.

Restricted License

Some drivers who had their license suspended due to a DUI will be eligible for a restricted driver’s license once they have served half of their suspension. A restricted license will allow eligible persons to drive themselves to their place of work, school, the doctor’s office, and to grocery stores. This option is only available to drivers with ignition interlock devices in their vehicles.

Once the DMV has proof of a device in an eligible driver’s vehicle, they can issue that driver a restricted license. The specific restriction the license will hold is restriction Y. This option is not available to drivers beyond their first DUI conviction.

If someone violates their restricted license, they may face the following penalties:

• A jail sentence between 30 days and 6 months
• House arrest between 2 and 6 months
• Fines between $500 and $1000

Contact an Attorney Today

If you have been pulled over for a DUI and have lost your driving privileges, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience serving drivers in Nevada, our knowledgeable attorney is ready to fight tirelessly on your behalf to get your driver’s license reinstated. We understand that DUI convictions and losing driving privileges can significantly impact your life for a long time, which is why we make it our goal to re-establish your driving privileges as quickly and efficiently as possible. Contact us for a free consultation today at 775-502-1575 or via our online contact form.

Being accused of battery can be devastating. The consequences of a conviction are life-altering, and there is a lot of shame that comes with the accusation alone. Aside from the legal ramifications of a battery charge, there can be social consequences, and many people find themselves unable to return to normalcy for a long time. This is especially the case when someone is convicted, which is why the legal strategy they create with their attorneys is incredibly important. Fighting a battery charge can be difficult, but it isn’t impossible if certain legal strategies are implemented.

What Is Battery in Nevada?

Nevada state statutes define battery as willfully and illegally using force or violence against another person. Many people think of violent acts when hearing this definition, but even just touching someone can be considered battery if the other person did not consent beforehand. Legally, an injury does not need to occur for someone’s behavior to be classified as battery; intent to harm is all it takes. Using an object to injure someone or attempt to injure them is also battery.

In the state of Nevada, there are 4 types of battery, and each crime is associated with its own consequences. The 4 types of battery in Nevada are:

• Simple battery
• Battery resulting in major bodily harm
• Battery using a deadly weapon
• Domestic violence battery

Simple Battery

Simple battery, also known as misdemeanor battery, carries the least heavy consequences. For someone’s actions to be considered simple battery, they must meet the following conditions:

• They touched someone intentionally and the touch was unwanted
• They did not have a deadly weapon at the time
• They were not imprisoned or on probation at the time

The first time someone is convicted of simple battery in Nevada it will be classified as a misdemeanor. Penalties could include a 6-month jail sentence and a $1,000 fine.

There are certain enhancements for misdemeanor battery, and when someone’s actions fit the description, they will be charged with gross misdemeanor battery. Gross misdemeanor battery has to meet the same conditions as simple battery, as well as:

• The person who was attacked had special protections under the law. Some examples of applicable protections include teachers, public transit workers, judges, healthcare professionals, firemen, and more.

If someone is convicted of gross misdemeanor battery, they could receive a jail sentence of up to 1 year as well as a $2,000 fine.

Battery Resulting in Major Bodily Harm

Nevada state law defines battery resulting in major bodily harm as hitting or touching someone intentionally and causing severe physical injury to that person. Examples of major bodily harm include:

• Broken bones
• Paralysis
• Injured organs
• Lacerations that require stitches
• Wounds from stabbings or gunshots
• Concussions

Again, an action resulting in major bodily harm to another person must be intentional to be considered battery. Anyone convicted of battery resulting in major bodily harm will receive strict consequences, as the crime is classified as a Category C felony. The potential consequences include:

• A prison sentence between 1 and 5 years
• A fine of up to $10,000

Battery Using a Deadly Weapon

Battery using a deadly weapon is defined as intentionally trying to cause injury to another person using a weapon that could cause major bodily harm or death. Therefore, anything that can be used to injure to someone could be considered a deadly weapon, in addition to commonly known weapons such as guns and knives. For example, if someone hit another person over the head with a beer bottle and that person wound up with a concussion and needed stitches, the beer bottle would be classified as a deadly weapon.

Battery using a deadly weapon is classified as a Category B felony in the state of Nevada. Consequences include:

• A prison sentence between 2 and 15 years
• A fine of up to $10,000

The length of the prison sentence and total amount of fines imposed on someone convicted of battery using a deadly weapon generally depend on how severe the resulting injury was and, in some cases, what weapon was used.

Domestic Violence Battery

Domestic violence battery occurs when someone intentionally makes offensive physical contact (violent or otherwise) with someone they are in or used to be in a domestic relationship with. In this context, “relationship” includes”

• Spouses and former spouses
• Anyone who is blood-related
• People who live together
• People who have dated or are dating
• People who have children together

The conditions that need to be met for someone’s actions to be considered domestic violence battery are the same as other forms of battery. The state singles out this type of behavior to remind people that violence committed against a loved one or household member is not just a private matter, and that it can be prosecuted.

The potential consequences for domestic violence battery depend on whether it is the first offense. A first offense will be classified as a misdemeanor, with a jail sentence between 2 days and 6 months. The convicted person will also have to pay a fine between $200 and $1,000 and perform between 48 and 120 hours of community service. They will also need to attend counseling for 1 and a half hours a week for 6 months.

A second domestic violence battery offense is also a misdemeanor. The consequences include a jail sentence between 10 days and 6 months, a fine between $500 and $1,000, between 100 and 200 hours of community service, and 1 and a half hours of weekly counseling for a year.

A third domestic violence battery offense is a felony and results in a prison sentence between 1 and 5 years. Felony domestic violence battery cases do not qualify for probation.

Restitution

In certain battery cases, the person convicted will be required to pay restitution to the person they committed the battery against. This is done to compensate that person for any losses due to their injuries, such as hospital bills, therapy, or damaged property. Whether someone will pay restitution is up to the judge.

Defending Against a Battery Charge

Having a strong defensive strategy is extremely important when fighting a battery charge. Common defenses include:

• Accident: For someone to be convicted of battery, the incident in question must have been intentional. If the defendant can prove that their actions were accidental, they will not be convicted. For example, if someone closes a car door without realizing that another person’s hand is still in the car, they cannot be charged with battery for the person’s injured hand.
• False accusation: Someone may falsely accuse another person of battery to get revenge on them, because of a misunderstanding, or due to misidentification . If someone accused of battery can prove that the accusations is false, the charges will be dropped.
• Self-defense: A person accused of battery can claim self-defense so long as the force they used was proportionate to the force being used against them. For example, if someone has a gun pulled on them, it would be considered reasonable for that person to inflict physical harm to stop the attack.
• Consent: If someone accused of battery can prove that they were engaged in a consensual physical confrontation, such as a planned fight, they cannot be convicted of battery.
• Defense of others: If someone caused harm to another person because they were defending someone else, they may be able to use that as a defense in court. For example, if someone caught 2 people in an intense fight and had to use force to break them up because one of them became seriously injured, that could be a plausible defense against battery charges.
• Intoxication: Intoxication may be a plausible defense for a battery charge, but only if the intoxication was involuntary. If someone was drugged unknowingly and became violent as a result of the effects of the drug, they might not be held legally responsible for their behavior.

An important aspect of defending against a battery accusation is gathering as much evidence as possible. An experienced criminal defense attorney can help someone do that by contacting witnesses, collecting the appropriate documentation such as police reports and medical records, and more.

Contact an Attorney Today

If you have been accused of battery and are now facing legal consequences, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience working in the justice system, our attorney can help you navigate the legal process with empathy and personalized service. Our goal is to help you secure the best possible outcome for your situation, such as having your charges reduced or even dropped. Contact us today at 775-502-1575 or via our online contact form for a free consultation.

When someone is on probation, that means they have been convicted of or pleaded guilty to a crime but are given an alternative to incarceration. In other words, instead of serving their sentence in jail or prison, they are allowed to remain out of custody. Still, they are under supervision and must comply with several terms and conditions during the probationary period.

Typically, when a court grants probation, a judge will set a jail or prison term but suspend it, meaning the individual will not be incarcerated. However, if the individual fails to adhere to the conditions of probation, they can be jailed or imprisoned for the amount of time previously entered by the judge.

Can You Get Probation for a Felony?

Yes, a Nevada court may grant probation to a person who is convicted of or pled guilty to most felonies, gross misdemeanors, and misdemeanors. Those convicted of category E felonies may also be eligible, provided that they do not have two prior felony convictions on their record.

Instances exist when probation can never be granted. These include cases involving:

1. First- or second-degree murder,
2. First-degree kidnapping,
3. Sexual assault,
4. Attempted sexual assault of a child under 16 years of age,
5. Lewdness with a child,
6. Habitual criminals and
7. Habitual fraudulent felons.

For specific crimes, probation can only be granted when certain conditions are met. For instance, if an individual is convicted of a crime against an elderly person, the court may not grant probation until the individual has paid at least 80% of the restitution ordered.

Also, for the following crimes, the individual cannot be placed on probation unless an evaluation determines they are unlikely to re-offend:

1. Attempted sexual assault of a person 16 years of age or older
2. Statutory sexual seduction
3. Battery with intent to commit sexual assault
4. Abuse or neglect of a child
5. Child pornography-related offenses
6. Incest
7. Open or gross lewdness
8. Indecent or obscene exposure
9. Sexual penetration of a corpse
10. Sexual conduct between a school employee and a student
11. Felony-level luring a child or a person with mental illness

What Are the Conditions of Probation in Nevada?

As mentioned earlier, when someone is placed on probation, they must follow certain court orders for the duration of their sentence. The specific conditions placed upon them will depend on the facts of their case.

Common probationary terms include, but are not limited to:

1. Paying restitution
2. Disposing of all weapons
3. Remaining in the state
4. Not contacting certain persons
5. Not entering certain locations
6. Not engaging in specific conduct
7. Completing an alternative program or treatment

If the individual is determined to have a drug or alcohol abuse disorder, they might be required to attend and complete a substance abuse treatment program. Or, if they have a mental illness or are intellectually disabled, they might be required to attend and complete a program designed to address the underlying condition. In these cases, if the individual successfully finishes the program, their case may be discharged and dismissed, and records relating to the matter may be sealed.

Persons convicted of certain sexual offenses may be subject to even greater restrictions during the probationary period.

For instance, conditions imposed upon them may include, but are not limited to:

1. Submitting to a search and seizure by a parole and probation officer at any time and without a warrant
2. Living only at approved residences
3. Accepting only approved jobs or volunteer positions
4. Abiding by a curfew
5. Submitting to controlled substances testing
6. Not having alcohol in their possession
7. Not being within 500 feet of a facility primarily used for children
8. Not having any unapproved sexually explicit materials

Failing to comply with the terms of probation can result in serious consequences. The individual may be summoned to appear in court or have a warrant issued for their arrest. If they are found to have violated the conditions, their probation may be revoked and they can be incarcerated for the term of the sentence initially ordered.

How Long Does Probation Last in Nevada?

The court has the discretion to determine the probationary period. A judge can suspend, extend, or terminate it at any time. That said, Nevada law places limitations on the amount of time for which a person can be placed on probation.

Probationary terms may be imposed as follows:

1. Gross misdemeanor: Up to 12 months
2. Category E felony: Up to 18 months
3. Category C or D felony: Up to 24 months
4. Category B felony: Up to 36 months
5. Violent or sexual offenses: Up to 60 months

Consult with an Attorney Today

If you have been accused of a crime in Reno, being sentenced to jail or prison is not the only option in your case. If you can show that incarceration is not warranted, you might be granted probation and allowed to serve your sentence outside of police custody. To make a strong argument for alternative sentencing, you need a criminal defense attorney on your side.

At the Law Offices of Kenneth A. Stover, we have helped numerous clients fight their charges and have achieved favorable results in complex cases. Although past victories do not guarantee future successes, we are prepared to seek a just outcome on your behalf.

To discuss your case with us, please call (775) 502-1575 or submit an online contact formtoday.

Typically, a first or second domestic battery offense in Nevada is a misdemeanor. However, the law enumerates five different instances when the crime can be a felony. Elevated charges may arise when a person is accused of a subsequent violation and/or aggravating factors were present at the time of the offense.

Because felonies are considered more serious than misdemeanors, anyone charged with felony domestic battery faces harsher penalties. The increased sentences include incarceration in prison instead of jail, longer periods of imprisonment, and higher fines.

This blog will explore the various situations where felony charges may be levied for domestic battery. But before doing that, let's discuss what the crime entails.

What Is Domestic Battery?

Domestic battery is a violent offense committed upon a person with whom the alleged offender has an intimate relationship.

Under NRS 33.018, intimate relationships include those involving:

1. Spouses,
2. Former spouses,
3. Persons related by blood or marriage,
4. Persons who are living together,
5. Persons who have or had a dating relationship,
6. Persons who share a child, and
7. Parents of a minor child.

The conduct involved in domestic battery is not different from that involved in a regular battery offense – "willful and unlawful use of force or violence upon the person of another" (NRS 200.481(1)(a)). Still, a specific statute exist for domestic battery to emphasize that harm committed against a family or household member or dating partner is not solely a personal matter. It is an act that law enforcement officials can prosecute.

The Standard Penalties for Domestic Battery

As noted earlier, generally, the first or second time someone is accused of domestic battery, they can be charged with a misdemeanor.

If they are convicted, they could face the following penalties:

1. First violation:
   1. 2 to 6 days in jail
   2. 48 to 120 hours of community service
   3. $200 to $1000 in fines
2. Second violation within 7 years:
   1. 20 days to 6 months in jail
   2. 100 to 200 hours of community service
   3. $500 to $1,000 in fines

The Penalties for Felony-Level Domestic Battery

When domestic violence goes from a misdemeanor to a felony offense, the conviction penalties substantially increase.

Below are the charges that can arise for domestic battery committed under certain circumstances:

Category B felony

A few situations exist in which domestic battery can be charged at this level. They include:

1. A third offense within 7 years
2. A second offense committed against someone the alleged offender knew or should have reasonably known was pregnant
3. Causing substantial bodily injury – Nevada law defines substantial bodily injury as harm creating "a substantial risk of death, or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ" (NRS 0.060).

The penalties include 1 to 6 years of imprisonment and $1,000 to $5,000 in fines.

Another situation exists where domestic battery can be charged as a category B felony. However, it was not included in the list above because the penalties for the offense are greater. Thus, we list it separately for clarity's sake.

The fourth instance is when the alleged offender has a previous conviction for a felony domestic violence offense or battery domestic violence with a deadly weapon, regardless of when the prior offense occurred.

When these factors are present, the penalties increase to 2 to 15 years of imprisonment and $2,000 to $5,000 in fines.

Category C Felony

A person could be charged with a category C felony if they commit the domestic battery offense by strangulation. NRS 200.481(1)(i) defines strangulation as impeding someone's breath or blood circulation by choking them or covering their nose or mouth. Additionally, such conduct must place the individual at "risk of death or substantial bodily harm."

The penalties for the offense include 1 to 5 years of imprisonment and a fine of not more than $10,000.

The Criminal Process for Domestic Battery Offenses

Regardless of the circumstances, Nevada takes domestic battery crimes seriously. As such, whether the acts involved constitute a misdemeanor- or felony-level offense, an officer who has probable cause to believe that a violation occurred must arrest the alleged offender. Additionally, they cannot be released from jail until 12 hours have passed since their arrest.

Anyone accused of domestic battery may also be subject to a temporary or permanent protection order. The order can place various limitations on the individual's life even though they have not been convicted of a crime. Also, a temporary protection order can be issued without the person named in it being notified.

Discuss Your Case with an Attorney

Whether you have been charged with a misdemeanor or felony domestic battery offense in Reno, you are facing severe consequences. But do not let the possible penalties discourage you from taking an aggressive stand in your case. With the help of an experienced criminal defense lawyer, you can seek to avoid or minimize the potential punishments.

To learn more about your legal options for challenging the accusations made against you, reach out to the Law Offices of Kenneth A. Stover. Backed by more than 25 years of legal experience, we have the knowledge and skills necessary to seek a favorable result for you.

Schedule a free consultation by calling us at (775) 502-1575 or contacting us online today.

Nevada drug crimes carry serious penalties, including years of imprisonment and/or thousands of dollars in fines. And in some cases, the judge has the authority to impose even harsher penalties when certain conditions apply.

Nevada law provides for various circumstances in which additional terms of imprisonment may be imposed. These enhanced penalties statutes do not create separate offenses. Instead, they allow the defendant to be subject to a prison term on top of the one imposed upon a conviction. Additionally, the enhanced term must be served consecutively with that for the underlying offense. In other words, one sentence must complete before the other begins.

What Controlled Substances Laws Do Additional Penalties Apply To?

Four different statutes exist allowing for additional drug crimes penalties. Each enumerates a separate circumstance where the enhancement can happen. Yet, some of these statutes concern the same controlled substance-related offenses. Therefore, we will discuss now the crimes to which these statutes apply and later indicate the specific laws attached to each enhancement.

Anyone found guilty of the following offenses may be subject to an additional prison term:

NRS 453.321: This law concerns distributing and manufacturing controlled or counterfeit substances.

Without any enhancements, it is penalized by:

1. 1 to 5 years of imprisonment and/or
2. Up to $10,000 in fines

NRS 453.322: This law concerns manufacturing, possessing with intent to manufacture, and providing chemicals used to manufacture controlled substances other than marijuana.

The penalties include:

1. 3 to 15 years of imprisonment and/or
2. Up to $10,000 in fines

NRS 453.333: This law concerns providing a controlled substance that is the proximate cause of another person's death, and provides that an offense can be charged as murder.

If the defendant is found guilty of second-degree murder, they can be subject to the following penalties:

1. Life with eligibility for parole after serving a minimum of 10 years
2. 25 years with the eligibility for parole after serving a minimum of 10 years

NRS 453.3385: This law concerns trafficking in certain controlled substances. Penalties depend on the amount of the drug involved.

They include:

1. 4 grams but less than 14 grams
   1. 1 to 6 years of imprisonment and/or
   2. Up to $50,000 in fines
2. 14 grams but less than 28 grams
   1. 2 to 15 years of imprisonment and/or
   2. Up to $100,000 in fines
3. 28 grams or more
   1. Life with the eligibility for parole after serving a minimum of 10 years
   2. 25 years of imprisonment with the eligibility for parole after 10 years

Note that the penalties listed above do not include the enhancements. Even without any aggravating circumstances present, they are all severe.

What Are the Statutes Allowing for Additional Penalties?

As mentioned earlier, several laws allow a judge to order sentence enhancements.

The circumstances under which an additional term of imprisonment may be imposed include the following:

NRS 453.3335: Under this statute, a defendant is subject to additional penalties if they committed a specified drug offense that led to substantial bodily harm or death to another person. Specifically, they were around someone who was having a reaction after using a controlled substance but failed to get medical assistance or provide appropriate medical care. They can be imprisoned by an additional term equal to that for the underlying crime.

This statute applies to NRS 453.321 and NRS 453.333.

NRS 453.3345: This statute allows for a sentence enhancement if the defendant committed a controlled substance crime in a drug-free zone.

1. These areas include:
   1. On the grounds of a:
      1. Public or private school
      2. Playground
      3. Public park
      4. Public swimming pool
      5. Youth recreational center
      6. Video arcade
      7. Campus of the Nevada System of Higher Education
   2. Within 1,000 feet of:
      1. School grounds
   3. Playground
   4. Public park
   5. Public swimming pool
   6. Recreation center
   7. Arcade
   8. School bus stop within an hour before or after school when school is in session

The statute applies to NRS 453.321 and 453.322. The defendant is subject to an additional penalty equal to that for the primary offense.

NRS 453.3351: This statute concerns offenses involving methamphetamine.

It allows for additional penalties if the crime was committed in a way that put someone in danger of substantial bodily harm or death.

It also applies when the offense was committed within 500 feet of a:

1. Residence
2. Place of worship
3. Business
4. Public or private school
5. Campus of the Nevada System of Higher Education
6. Playground
7. Public Park
8. Swimming pool
9. Youth recreational center

The law applies to NRS 453.322 and NRS 453.3385. It allows for an additional prison term equal to that of the underlying offense.

NRS 453.3353: This law concerns sentence enhancements for drug crimes resulting in substantial bodily harm or death when a controlled substance was being manufactured. It applies to NRS 453.322 and NRS 453.3385.

If substantial bodily harm resulted, the defendant may be subject to an additional prison term equal to that of the primary offense.

If death resulted, the offense is a Category A felony, punishable by:

1. Life without the possibility of parole,
2. Life with parole possible after serving a minimum of 20 years, or
3. 50 years of imprisonment with parole possible after serving a minimum of 20 years.

If you have been charged with a controlled substance offense in Reno, a lot is at stake. You need a skilled attorney on your side to fight to protect your rights and future.

At the Law Offices of Kenneth A. Stover, we have over 25 years of legal experience and will stand behind you throughout your case. Schedule a free consultation by calling (775) 502-1575 or contacting us onlinetoday.

If you or a loved one were arrested in Nevada, this might be your first brush with the law, and you might not know what to expect through the criminal justice process. Facing these unknowns can make an already frightening experience even scarier.

At the Law Offices of Kenneth A. Stover, we are here to make bad situations better for the people we serve. As such, our team has put together a brief overview of Nevada's criminal justice process to relieve some of your worries and stresses. Of course, this review cannot cover every nuance of the system, but we hope it gives you an idea of what to expect.

The Arrest

The criminal justice process can get started in several different ways. One way is if law enforcement officials may suspect that you have been involved in criminal activity. Therefore, they will begin an investigation. Officers will be looking for evidence that the alleged crime has been committed and you were the one who committed it.

If law enforcement officials are convinced that you were the one involved, they will request an arrest warrant from a judge. The judge will review the evidence to determine whether probable cause exists to arrest you. If they find that there is, the warrant will be issued.

The warrant will include your name and the alleged offense, among other pieces of information. It gives the police the authority to take you into custody at any time.

Another way that the Nevada criminal justice process may begin is by a warrantless arrest. This occurs when an officer either witnesses you committing or attempting to commit a crime, or has probable cause to believe that you did such.

A criminal case may also begin through the issuance of a citation or summons. If you commit a minor offense, the officer will hand you a citation. The citation will contain a date and time for you to appear in court. Thus, you will not be taken into custody immediately.

Similar to a citation is a summons. It is issued in lieu of an arrest for minor crimes and directs you to appear in court. The summons is sent to you by the court, rather than handed to you by an officer.

The Booking Process

After you have been arrested, you will be booked. Essentially, this means that your information will be logged in the law enforcement agency's system. Your personal identifying details, fingerprints, photo, and the alleged offense will all be recorded. If you were issued a summons, you might have to go through the booking process before appearing in court.

The Interrogation

Law enforcement officials are tasked with gathering evidence that the prosecutor can use to build a case against you. As such, one of the things they will do to get enough support backing the claim that you allegedly committed a crime is to question you.

The interrogation can be an intimidating process, as law enforcement officials may use almost any tactic they deem necessary to get information out of you (so long as the technique is lawful). For instance, they might lie or act like your friend to get you to trust them and divulge information.

Know that you are not required to answer any of the officer's questions. In fact, after you have been lawfully arrested and before officers can start questioning you, they must read you the Miranda rights, which state that you have the right to remain silent and anything you say or do can be used against you in court.

The Arraignment

If you have been taken into custody, within 72 hours of your arrest, you must be brought before a judge at an arraignment. The arraignment is your initial appearance in court. It is where the judge will inform you of the charges against you and may ask you to enter a plea.

Bail

During the arraignment, the judge may also set bail. Bail is money you pay to get out of jail after an arrest. It prevents you from having to wait behind bars while your case is pending. Essentially, it serves as an assurance that you will appear in court as required. After your case, bail money will be returned to you.

Bail may be set for most crimes except first-degree murder. The bail amount will either be based on a pre-set schedule or the judge's determination. Depending on the severity of the alleged offense, the judge may allow you to be released on your own recognizance (meaning you do not have to pay to get out of jail), or they might not allow you to post bail.

The Preliminary Hearing

If you have been charged with a gross misdemeanor or felony, you will be scheduled for a preliminary hearing that takes place in a justice court. During the hearing, a judge will decide if the officer had probable cause to arrest you.

At the preliminary hearing, evidence may be presented to support the claim that you were the one who committed the alleged offense. You have the right to cross-examine witnesses and challenge the evidence.

If the judge determines that there was no probable cause, your case should be dismissed. However, if they believe probable cause exists, your case will be sent to a district court.

The Plea Bargain

At any time during the Nevada justice process, your criminal defense attorney may enter negotiations with the prosecutor to attempt to resolve your case outside of the courtroom. Referred to as a plea bargain, a deal made with the prosecutor may require that you plead guilty to the alleged offense in exchange for lesser charges or a reduced sentence.

Your lawyer will present to you any deal made and discuss the pros and cons of accepting. Your acceptance must be voluntary and knowing. Also, the court has the final say on whether your case may be resolved through that deal.

The Trial

If you pleaded not guilty at your arraignment and your case was not settled through a plea bargain, you will be set for trial. At trial, the prosecutor will attempt to prove your guilt beyond a reasonable doubt by presenting various pieces of evidence. Your attorney may challenge the accusation by bringing in their own evidence or witnesses.

If you were charged with a misdemeanor, you will be subject to a bench trial in a justice or municipal court. Having a bench trial means that the case will be heard and determined only by a judge. No jury will be involved.

If you were accused of a gross misdemeanor or felony, you may have a jury trial in district court. You can waive your right to a jury trial, but the judge and prosecutor must agree.

Sentencing

If you are found guilty or pleaded guilty, you will be set for sentencing. During this phase of the criminal process, the judge will determine what sentence to impose. For minor crimes, sentencing may take place immediately. With more serious offenses, it can be scheduled for weeks out.

Both sides can present evidence during sentencing to attempt to affect the sentencing decision. The prosecutor might raise aggravating factors to argue for a greater sentence. Your attorney, on the other hand, may raise mitigating factors to seek a lesser sentence.

Below are a few potential penalties for misdemeanors and felonies:

1. Category A felony
   1. Death or life imprisonment
2. Category B felony
   1. 1 to 20 years of imprisonment
3. Category C felony
   1. 1 to 5 years of imprisonment
   2. Up to $10,000 in fines
4. Category D felony
   1. 1 to 4 years of imprisonment
   2. Up to $5,000 in fines
5. Category E felony
   1. 1 to 4 years of imprisonment
   2. Prison sentence suspended for a term of probation
   3. Up to $5,000 in fines
6. Gross misdemeanor
   1. Up to 364 days in jail
   2. Up to $2,000 in fines
7. Misdemeanor
   1. Up to 6 months in jail
   2. UP to $1,000 in fines

Note that sanctions other than those above may be imposed upon a conviction. For instance, the judge may sentence you to probation or order you to pay victim restitution. Also, if you are convicted of a sex crime, you may be required to register as a sex offender, or if convicted of a DUI, your driver's license may be suspended. Thus, the range of penalties you may face will vary depending on your situation.

The Appeal

If you are convicted, that might not mean your case is completely over. You may be able to appeal the decision.

When you appeal your conviction, you are challenging the judgment. You may argue that the guilty verdict or the sentence was unwarranted.

An appeal must be based on a legal error that substantially affected the outcome of your case. In other words, you cannot pursue this route just because you are unhappy with the decision.

You must have legal grounds to appeal, such as:

1. Insufficient evidence
2. Improper admission or exclusion of evidence
3. Prosecutorial misconduct
4. Juror misconduct
5. Ineffective assistance of counsel
6. Misapplication of the law

When you file an appeal, an appellate court will review the trial court record. The appellate judges will not consider any new evidence. They are only trying to determine whether a legal error affected your case.

If your appeal is successful, the judgment may be overturned, and you may be granted a new case.

Record Sealing

Unfortunately, if you are convicted of a crime, that information will remain on your criminal record. Fortunately, Nevada law allows for record sealing.

As the name implies, record sealing covers up your criminal record, preventing access to details concerning your arrest or conviction.

Only certain crimes can be sealed. Offenses such as sex crimes or felony DUIs cannot be covered. Additionally, you must wait a certain number of years after you have completed your sentence to petition for record sealing.

Retain Legal Representation

Nevada's criminal process can be long and confusing. At the Law Offices of Kenneth A. Stover, our Reno lawyer is here to help you every step of the way. We have over 25 years of experience and served as special prosecutor and deputy district attorney. Thus, we know the law inside and out.

Schedule a free consultation by calling us at (775) 502-1575 or contacting us onlinetoday.