Blogs from February, 2021

In Nevada, stalking is defined as performing deliberate actions to cause someone else to reasonably fear for their safety and the safety of their loved ones. A person cannot be charged with stalking for one event, but rather a pattern of actions over time in order to make another individual feel scared or terrorized.

Common examples of stalking include:

1. Following a person by foot or vehicle for a lengthy distance

2. Frequently calling, texting, or leaving several voicemails

3. Repeatedly coming to a person’s house unexpectedly

4. Defacing or vandalizing a person’s property

5. Other unwanted communications and interactions

Other Types of Stalking

If an alleged stalker intentionally threatens someone else with serious injury or death, then this type of offense is considered “aggravated stalking.” Keep in mind, the threat can be committed through body language or other actions that may cause a person to fear for their safety – not just verbally.

Common examples of aggravated stalking include:

1. Frequently calling someone and threatening them with substantial bodily harm or death

2. Repeatedly showing up unexpectedly and threatening to harm another person

3. Following someone while visibly displaying a weapon, such as a gun or knife

Lastly, stalking or harassment committed online or through other electronic means such as text messages is known as “cyberstalking.” According to the state law, such action must cause a significant increase of harm or violence to the alleged victim, instead of simply annoying them by sending several electronic messages.

Stalking Penalties

A first offense for stalking is a misdemeanor in Nevada, punishable by a jail sentence of up to six (6) months and a maximum fine of $1,000. In contrast, aggravated stalking is a category B felony, which carries a maximum prison term of 15 years and a fine of up to $5,000.

Cyberstalking is a category C felony, punishable by imprisonment for up to five years and a maximum fine of $10,000. However, individuals accused of cyberstalking may get their charges reduced or dismissed through a plea bargain.

Those accused of stalking can also be subject to a protective order, also known as a restraining order. Violating a restraining order for stalking in Nevada is a misdemeanor offense.

If you have been accused of stalking in Reno, contact the Law Offices of Kenneth A. Stover today to let our firm protect your rights and freedom.

Getting arrested for DUI in Nevada can result in the revocation of your driver’s license – even before you are convicted of the offense. Without your driving privileges, simple tasks such as driving to work or school, visiting the doctor’s office, running household chores, or even fulfilling your court-ordered child visitation can be more strenuous because you now have to rely on public transportation and/or loved ones for a ride everywhere you go.

Fortunately, the Nevada DMV gives DUI defendants an opportunity to obtain a “restricted license,” which allows them to drive and perform essential tasks. While first-time DUI offenders can get a restricted license within 90 days of their 185-day license revocation, felony DUI offenders can obtain theirs within one year of their three-year license revocation.

A restricted license allows DUI defendants to drive to and from:

1. Work or while performing job duties

2. School or college, either to attend classes or drop off their children

3. Medical appointments for a specific health condition

4. The grocery store

5. Child visitation ordered by the court

To obtain a restricted license, you must contact the DMV and then press options directing you toward applying for one. The agent will ask for your driver's license number and if you are required to get an SR 22 insurance form.

If you need an SR 22 form, you must contact your auto insurance company and obtain the form. Then, you will need to complete the “Nevada DMV Restricted License Application” and submit the application. According to directions on the application, you will need to install an ignition interlock device (IID) installed in your vehicle and have it verified by the DMV.

The DMV will confirm your information on the application with your employer. If you are approved, you may obtain a restricted driver’s license from a full-service DMW.

Remember, you may submit a restricted license application when you have reached 75 days into your suspension. In that case, the DMV can process your application in time to receive your restricted license in 90 days.

If you have been arrested for a DUI in Reno, contact the Law Offices of Kenneth A. Stover today and let a former prosecutor defend you inside and outside the courtroom.