Blogs from October, 2021

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.