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Blogs from April, 2021

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  • According to NRS 176.211, Nevada law states that defendants who plead guilty or no contest to certain crimes can get their case dismissed and their record sealed through “deferral of judgment.” This means a judge defers judgment – or elects not to convict – and you (the defendant) must complete various court-ordered conditions within a specific time period.

    The following are the common terms of deferred judgment:

    1. Probation

    2. Community service hours

    3. A specialty court program

    4. Fines

    5. Court costs

    6. Restitution

    7. Classes

    8. Rehab

    9. Drug tests

    If you successfully complete all the terms, then the judge will dismiss your charges, which means you avoid conviction entirely. Additionally, the judge will order the sealing of your record.

    Deferral of judgment is not available for the following types of criminal offenses:

    1. Murder

    2. Voluntary manslaughter

    3. Sexual assault

    4. Robbery

    5. Kidnapping

    6. False imprisonment

    7. Assault with a deadly weapon

    8. Battery with intent to commit crime

    9. Child pornography

    10. Sex trafficking

    11. Lewdness with a child

    12. Child abuse

    Keep in mind, if you are later arrested for or charged with another crime, your previous case – even though you obtained a deferral of judgment – will count as a conviction in order to set bail or impose certain penalties specifically for repeat offenders.

    If you violate the rules or fail to complete the terms, you may be convicted of the original charge. However, you are entitled to a court hearing to argue the alleged violation.

    While a deferral of judgment is an effective way to avoid conviction, one of the major downsides of this law is the requirement of entering a guilty plea since you are essentially giving up your right to a trial. An experienced criminal defense attorney can thoroughly examine your case, assess your available legal options, and determine if a deferral of judgment is the best course of action.

    If you have been arrested in Reno, contact the Law Offices of Kenneth A. Stover today for a free initial consultation. Do not hesitate to let a former prosecutor with more than 25 years of trial-tested experience fight for you!

    What is Deferral of Judgment in Nevada?
  • Cocaine is a popular recreational drug in Nevada, especially in Las Vegas and Reno where casinos, bars, and clubs are open throughout the night until the early morning hours. Coke or blow is often snorted and the short and temporary effects include intense bliss, decrease in appetite, extreme sensibility to sight, sound, and touch, as well as irritability.

    However, the drug is illegal in the United States. According to Nevada law, cocaine is a Schedule II controlled substance, which means it is highly addictive and has limited medical use.

    Simple possession of less than 14 grams of cocaine is a Category E felony, which is the least serious felony class and carries a maximum state prison sentence of four years and a fine not exceeding $5,000. However, if you plead guilty or no contest, the court will grant you a “deferral of judgment,” meaning your criminal charges will be dismissed if you complete certain court-ordered conditions (e.g., drug treatment/rehabilitation, court hearings, random drug testing, etc.).

    Deferral of judgment is generally granted to first-time offenders. On the other hand, the District Attorney may reduce the felony charge down to a misdemeanor, which carries a maximum jail term of six months and a fine no more than $1,000.

    Otherwise, Category E convictions in Nevada are punishable by probation and a suspended sentence. Yet, if you have at least two prior felony convictions, you may have to serve the prison sentence.

    In addition, possession with intent to sell cocaine is a Category D felony, punishable by imprisonment for up to four years and a maximum fine of $5,000 – with no opportunity for a deferral of judgment. Selling, transporting, or manufacturing cocaine is a Category C felony, which can result in a prison term of up to five years and a maximum fine of $10,000.

    If you have been arrested for a drug crime in Reno, contact the Law Offices of Kenneth A. Stover today for a free initial consultation. Do not hesitate to let a former prosecutor with more than 25 years of trial-tested experience fight for you!

    Cocaine Possession in Nevada