Blogs from July, 2021

Disorderly conduct is one of the most common offenses in Reno and throughout Nevada since the state is littered with casinos, bars, clubs, pool parties, and other nightlife activities. Although you are allowed to walk on the streets with a drink in your hand and public intoxication alone is not a crime, being drunk in public can result in a disorderly conduct charge.

Disorderly conduct is a “catch-all” offense that comprises of any type of disruptive and loud behavior, such as the following:

1. Fighting another person or challenging someone else to a fight

2. Inciting a disturbance

3. Committing a breach of peace

4. Annoying, harassing, accosting, or interfering with someone else in a disruptive manner

Disorderly conduct is a misdemeanor, which carries a maximum jail term of six months and/or a fine of up to $1,000. First-time offenders often do not face jail time and have an opportunity to have their entire charge dismissed if they pay a fine and/or complete community service. However, if you miss any court hearing or if this is a repeat offense, the court may impose a jail sentence.

On the other hand, if you have been involved in a fight and were originally charged with misdemeanor assault or battery offense, it is possible to have either charge reduced to disorderly conduct. Not only is disorderly conduct not as frowned upon as violent crimes such as assault and battery, but this type of conviction can also be sealed from your criminal record in one year after you complete all the terms of your sentence, rather than two years for assault and battery convictions.

Here are several defenses to disorderly conduct charges:

1. You were falsely accused of disorderly conduct

2. Your actions were protected by the First Amendment

3. Your actions did not rise to the threshold for breaching the peace

4. Law enforcement officials misidentified you as the culprit of the offense

If you have been accused of a violent crime in Reno, contact the Law Offices of Kenneth A. Stover today for a free case review. Get a skilled lawyer with more than 25 years of experience!

More than 200 bills that were passed by the Nevada Legislature during the 2021 session are now effective as of July 1, 2021. These new laws address a wide range of issues, including criminal law.

The following are several new criminal-related laws in Nevada:

1. AB 400 – This new law removes certain “per se” limits for cannabis metabolites (i.e., amount of THC in the body) that if found in a person’s blood would lead to a DUI arrest, except for cases involving a felony offense. Now, if marijuana intoxication has impaired the driver’s ability to safely drive his/her vehicle, then he/she would be arrested for a DUI, rather than having impairment determined by a chemical test.

2. AB 116 – Most minor traffic violations—such as driving with a broken taillight, not wearing a seatbelt, making an illegal turn, minor speeding, and violating carpool lane restrictions—are now considered an infraction, rather than a criminal misdemeanor, which can be punishable by a jail sentence. Part of the law is effective as of July 1, but the rest will take effect on January 1, 2023.

3. SB 219 – This law removes the court’s power to suspend a person’s driver’s license or prevent them from applying for reinstatement they have an unpaid fine or another type of fee. The key provisions of this law take effect on October 1, 2021.

4. AB 139 – This law removes a Clinton administration-era provision that prevents individuals who were convicted of drug crimes from receiving some public assistance, such as the Supplemental Nutrition Assistance Program (SNAP)—also known as “food stamps”—and the Temporary Assistance for Needy Families (TANF).

5. AB 403 – Jaywalking will no longer be a misdemeanor offense in Nevada. As of July 1, anyone who crosses any public road or highway that is not marked by a crosswalk will only face a civil fine of $100, rather than a misdemeanor offense that carries a maximum jail term of six months and a fine no more than $1,000.

6. AB 113 – This new law adds two years to the statute of limitations for criminal sex trafficking, so now the time limit is six years, instead of four. This increased time applies to any offenses that have yet to violate the statute of limitations and for any sex trafficking crimes moving forward.

7. AB 186 – This law bans police quotas, which means law enforcement officials will not be required to issue a specific number of traffic citations or make a certain number of arrests per month or year.

8. AB 396 – This new specifies that police officers can only use deadly force if the person poses an “imminent” threat to serious bodily injury to the law enforcement officials or others. Additionally, an officer must establish probable cause to believe the individual has committed a felony causing or threatening serious injury or the use of deadly force.

If you have been arrested in Reno, do not hesitate to contact the Law Offices of Kenneth A. Stover today for a free case review. More than 25 years of legal experience!