Blogs from 2022

Across the nation, we are seeing the rise of “sober bars.” These places serve a variety of drinks. They feature special coffee concoctions, but they also have kava and kratom teas on tap.

For the moment, all of these drinks are legal, and as far as we know, they are non-addictive. However, they are both mood and mind altering. Kava has a sedative effect on most consumers, and many forms of kratom do the opposite, resulting in deep focus and bursts of energy.

Some believe that these substances can impair your driving, and tests appear to back up this claim. Whether or not a substance is legal, if it influences your driving behavior, you could be arrested for driving under the influence. Typically, the cops would file this arrest as being under the influence of drugs, sometimes called a “DUID.”

Here are some methods the police can use to arrest you with a DUID, even if you haven’t consumed an illegal narcotic.

Police Rely on Their Intuition

Police have many methods to arrest someone with a DUI. They have breathalyzers that can approximately guess how much alcohol someone has consumed, and blood tests are even more accurate.

When it comes to driving under the influence of drugs, police have much less evidence at their disposal. No breath tests will reveal whether someone is on pills or cocaine, and blood tests aren’t much more reliable. Testing does not cover the vast spectrum of drugs someone could consume. Even positive results are unreliable. Only trace amounts can appear, meaning a driver could be sober and still arrested with a DUID.

Because of this lack of evidence, police are allowed to use their gut instincts in a DUID arrest. They can simply look at someone’s eyes or judge their behavior, assume that person is high, and accuse them.

Police Rely on Your Words

The right to remain silent allows people to avoid confessing to a crime. It’s also helpful for the innocent. When the police want to secure an arrest, they can use any piece of evidence, no matter how minor, against you. In fact, the Miranda warning clearly states that they will.

It’s easy to misspeak and use just the wrong combination of words that will get you in trouble. That’s why you should not answer any questions when you’ve been pulled over. It may be necessary to divulge your name, address, and other basic information. You have no obligation to tell them anything else.

Police can connect your driving behavior to any outside substance. If you tell them that you came from a sober bar where you drank three cups of kava, they can assume that you are under the influence and arrest you.

On the other hand, if you stay silent, they could only accuse you of breaking traffic laws. This could result in anything from a speeding ticket to a reckless driving charge. Reckless driving is a serious accusation, and you should fight it in court. However, it still isn’t as bad as a DUI or a DUID.

Law Offices of Kenneth A. Stover is here for people accused of driving under the influence. If you need help with a DUI or a DUID charge, contact us online for a free consultation. You can also call us directly at (775) 502-1575.

When we think of burglars, we might imagine a cartoon image we saw as children. A man in a striped shirt, beret, and domino mask sneaks into a home, stuffing valuables into a bag.

The cultural impact of this image cannot be understated. It directly connects “burglary” to “theft,” and “burglars” are always “thieves.” Legally, this assumption is completely false. Burglary does not necessarily involve theft.

In this article, we will define burglary and offer defenses against this criminal accusation.

Burglary Involves Intent

First off, let’s clear up some misconceptions. Burglary is not simply the act of entering a place where you do not belong. Doing that is called trespassing.

Re-addressing the issue we brought up above, theft and burglary are not synonymous. Theft, legally called “larceny” can happen directly, such as in a mugging or a robbery. It can happen quietly and without anyone noticing, which is the case with embezzlement. When someone steals something, they may not be committing “burglary” at all.

By legal standards, burglary is illegally entering a location with the intent to commit a crime. That secondary crime could be anything from vandalism to murder. It also doesn’t matter if someone successfully commits that second crime. The intent alone is enough to elevate a trespassing charge to a burglary charge.

Burglary Penalties in Nevada

The crime is a Category B felony in the state. Offenders could face between 1 and 10 years of incarceration and fines up to $10,000.

Defenses Against a Burglary Allegation

As you can see, the state is harsh on alleged burglars. You deserve a good defense if you’ve been accused of this crime. Here are some strategies you can discuss with your attorney.

Poor State of Mind

This defense does not deny that you committed burglary. Instead, it claims that you did so unwittingly.

The world is more sensitive to mental illnesses these days, both chronic and acute. In the middle of a breakdown, someone could commit a crime that they wouldn’t have while clear-headed. This situation may apply to your burglary, and it may be simple to find evidence of your episode through medical records.

Even claiming that you were severely inebriated could be an effective defense against burglary.

Simple Trespassing

Remember, a burglary charge requires the intent to commit another crime while on the premises. If you were not on the property to engage in another criminal act, you can argue your charge down to simple trespassing.

Duress

People are sometimes forced to commit a crime by another, more dangerous person. This is called “acting under duress.” This claim admits that you committed the crime, but you did so because you or your family had been threatened.

Weak Evidence

In any criminal accusation, it’s important to scrutinize the evidence the state has against you. Burglary can be easy to debunk.

For instance, there may be no witnesses to the event. Even if witnesses do exist, you can question how reliable they are. Were they drunk at the time? How far away were they? Was it too dark to reliably ID the burglar?

Security cams can also be unreliable. They are often placed at odd angles, making it easy to mistake one person for another. Furthermore, the footage itself can be a low-resolution, black-and-white image. This can make it easier to question the identity of the person caught on camera.

Law Offices of Kenneth A. Stover is here to defend you against a burglary accusation. If you need help, call our office today at (775) 502-1575 or set up time with us online.

Many states still have laws regarding public intoxication. Nevada is not one of these states. In fact, the state has a reputation for being quite liberal about alcohol. Standard grocery stores can sell liquor, and there are no time restrictions for dedicated liquor stores. They can be open 24/7. Nevada even allows its citizens to openly drink in public, which many other states do not.

With all these facts taken together, it’s not surprising to find that simply being intoxicated in public is not a crime.

The problem, however, is the unruly behavior that often accompanies drunkenness. Nevada may not specifically criminalize drunkenness, but citizens can be arrested for disorderly conduct.

Nevada’s Disorder Conduct Penalties

Disorderly conduct is a broad charge. It can include acts such as disturbing the peace, challenging someone to a fight, and harassing others.

In Nevada, disorderly conduct is a misdemeanor, punishable by up to 6 months in jail and fines as high as $1,000.

Even though it is officially part of the potential consequences, jail time for disorderly conduct is rare in Nevada. Typically, courts put people in jail only if they are repeat offenders or if they miss appointed court dates.

Charges That Could Be Reduced

In some scenarios, your attorney could help you argue a misdemeanor battery charge down to a disorderly conduct charge.

If successful, this reduction in charges could have great benefits. First, it makes your record look better. Battery carries a strong stigma, insinuating that the alleged offender is a violent, unpredictable person. Potential employers and landlords can see a battery charge on your record and dismiss you outright.

Next, it is much easier to seal a disorderly conduct charge, erasing it from your record. Nevada allows you to seal these charges after one year, but you must wait two years to seal a battery conviction.

Defending Against a Disorderly Conduct Charge

Many effective strategies can help you fight this allegation.

You Did Not Disturb the Peace

Because disorderly conduct definitions are so broad, they are also easy to dispute. You could reasonably lay out the facts of your case, demonstrating that the arresting officer overreached. Put simply, your behavior may have been annoying, but that doesn’t make it illegal.

False Accusations

Police do not always have to witness a crime to make an arrest. Perhaps, in a drunken state, you irritated someone, and that person then accuses you of disorderly conduct. The police make an arrest based on someone else’s incorrect allegations.

Mistaken Identity

In a crowded bar, it’s easy to mistake one person for another. Perhaps someone else was engaged in some truly unruly behavior, and you took the blame.

Breach of First Amendment Rights

If someone is drunkenly wobbling in the streets, screaming threats, and cursing, police could reasonably arrest them for disorderly conduct. However, someone could get into a heated, civil discussion and voice an offensive opinion. If this results in an arrest, it could be a violation of this person’s First Amendment rights.

Our firm helps defend Nevada citizens from misdemeanor and felony accusations. If you need help, you can schedule time with us online or call us now at (775) 502-1575.

Our justice system is based on “reasonable doubt.” A jury must be 100% certain of someone’s guilt before convicting them. This is a high bar, designed to give citizens the best chance against bias and corruption.

Even the most reasonable people, however, can be swayed in a criminal trial. Defendants are often convicted of crimes they did not commit. The system understands this possibility, and it allows people another chance, even when they’ve already been tried and found guilty.

If you’ve been falsely convicted of a crime, you can appeal this decision to a higher court. In Nevada, you have a few options to challenge a wrongful conviction.

Appealing a Decision

Nevada has a specific chain of appeals, depending on the source of your conviction.

• Justice court or municipal court appeals go to the District Court.
• District Court appeals go to the Nevada Supreme Court.

Appeals are like a trial on paper. Your attorney must collect all the necessary evidence and present them in documents. These documents must outline what, exactly, went wrong with the trial. Many appeals are thrown out, simply because they are poorly written or don’t present a clear argument. You need a good attorney who can write a clear, reasoned appeal in your case.

There are many justifiable reasons to appeal your conviction, such as:

• The sentence was cruel and unusual.
• The prosecution’s evidence does not support a guilty verdict.
• The court did a poor job, violating procedure or your constitutional rights.
• Inappropriate evidence was allowed into your case, needlessly biasing the jury against you.
• Your original attorney did a poor job, mismanaging your case or outright violating your constitutional rights.

Motioning for a New Trial

If your conviction directly violates the law or the constitution, you can motion for a new trial within 7 days of your conviction.

The motion for a new trial works when:

• The original conviction somehow violates the law.
• New evidence surfaces that could exonerate the convicted person.

Before the state can approve a new trial, it holds a motion hearing. During this process, the judge decides whether a new trial is justifiable. The judge will consider the alleged mistakes in the original trial or overlook the new evidence. The hearing discusses only the reasons for a new trial, so there are no witnesses, cross-examinations, and so on.

This hearing could have a couple of different outcomes. It could result in a new trial, as intended. If, however, the evidence is strong enough, the judge could simply overturn the original conviction, setting the convicted party free.

A Writ of Habeas Corpus

In extreme circumstances, your attorney could file a writ of habeas corpus. Essentially, this plea claims that someone is being wrongfully detained and deserves immediate freedom. These are serious claims, so the deadline for a writ is very short.

Courts typically deny habeas corpus claims, so they must be thoroughly researched and present near-infallible arguments. They require a skilled attorney who, essentially, must prove that the state has made a grievous mistake.

Our firm is here to help with criminal appeals. For a free consultation, contact us online or call us now at (775) 502-1575.

What Is Money Laundering?

When money is gained through illegal means, that money is, itself, illegal. People involved in criminal enterprises must find a way to make the money appear legitimate. It needs to be “cleaned.”

This is where money laundering comes in. Normally, illegal money is pumped through a business. That business’s bookkeepers make it look like the business is profitable. This profit is just the money someone gained through criminal activity.

Sometimes, people launder money through several bank accounts. They continue to route the money to different destinations. After some time, it becomes difficult to trace the money’s source. When it finally lands in someone’s bank account, it appears legitimate.

Money Laundering Penalties in Nevada

The state takes laundering very seriously. A guilty conviction could lead to up to 20 years in prison. Fines are steep, too. A suspect could pay $500,000 or twice the amount of the laundered money, whichever is greater.

Defenses Against Money Laundering Allegations

Laundering usually takes place through a third party. The criminal organization uses a lawyer, banker, or other professional to handle their cash.

If you’ve been accused of money laundering, consider some of the options below. Then discuss them with your attorney, deciding together which will work best for your case.

You Were Unaware

It’s easy for shady characters to control and manipulate others. Some criminals openly hire another person to launder their money, but others are secretive about their intentions.

You could easily take on a new client and help them with their money, having no idea you are involved in a criminal scheme. It’s embarrassing to admit you were duped, but this defense could also keep you free from facing felony charges.

You Acted Under Duress

As easy as it is to commit a crime by accident, it’s just as easy to do so when threatened. Criminal organizations don’t care about the people they use, and when necessary, they will put pressure on someone.

You may have been completely aware that you were breaking the law, but you were only doing so because you or your family had been threatened with harm or death. This is called “operating under duress,” and it is a justifiable defense in court.

Your Actions Were Not Concealed

When it comes to a crime, the law is specific. Prosecutors must prove every part of a crime to secure a successful conviction.

Concealment is a crucial part of a money laundering charge. It’s not enough to simply move the money. The suspect must take steps to keep their actions a secret.

If you were openly moving illegal money around, you technically didn’t commit a laundering crime. Small details like these can help someone remain innocent and free.

The Money’s Source Was Not Illegal

Just because the money came from a known criminal, that doesn’t mean it came from an illegal source. Remember, money laundering involves money that came from drug sales, prostitution, thievery, or any other illegal means.

If you can trace the allegedly laundered money to a reputable source, you may be able to escape a conviction.

Our firm can help you fight money laundering charges. For a free consultation, reach out to us today by calling (775) 502-1575 or filling out our online contact form.

Your right to remain silent is one of the most important aspects of our justice system. It keeps you from implicating yourself in an accusation, and the police can’t use your words against you. They will do just that, and they warn you upfront. Part of your Miranda warning states that “anything you say can and will be used against you.”

Your right to remain silent extends to traffic stops. When the police pull you over, you should give them your basic information like your name and ID. Other than that, you are not obligated to answer any other questions.

If you speak during a traffic stop, you could be accused of a DUI.

Police Use Tricky Language

If you think about it, there is a subtle difference between these two questions:

• “Have you had anything to drink tonight?”
• “How much have you had to drink tonight?”

Police need a reason to arrest you for a DUI. Sometimes, they can rely on their assessment of your behavior, but they know that is flimsy evidence. The more ammunition they have against you, the more likely they are to assume you have been drinking.

Cops often use questions like the second one, “How much have you had to drink?” to trap you. If you give them an answer that indicates you’ve been drinking at all, they have all the evidence they need. It doesn’t matter if you had one drink hours ago and a full steak dinner since. When police can link your behavior to drinking, they can arrest you.

Police Can Blame Your Driving on Virtually Anything

A DUI is not exclusive to alcohol consumption. You could be arrested for being high on drugs, pills, and the like.

Technically, anything that impairs your driving could result in a DUI arrest. This is another reason why it’s important to stay silent. Police could use anything, regardless of its legality, to accuse you. You could be drinking kava tea, taking antihistamines, or simply having too much coffee. If the cops believe an outside substance impaired your driving, they can secure an arrest.

Once again, just stay silent. Don’t tell the police where you’re going or where you’ve been. Don’t tell them about any medicine you’ve had or anything else you’ve put in your body.

It’s Easy to Make Mistakes

Being questioned by the police is an intense situation. You’re under a lot of pressure, and it’s easy to get confused. You may have temporary problems recalling the answers to questions, which will make you seem inebriated. Even if you are stone sober, you could easily phrase something the wrong way and suddenly find yourself arrested.

The justice system used these technicalities against people for a long time. That’s why, in 1966, the country implemented the Miranda warnings. Staying silent is a way to keep from accidentally implicating yourself. Whenever you are under suspicion of anything, just remain quiet. Your attorney will do the speaking for you.

Theft takes many forms. It can be direct, such as in a robbery or purse-snatching, and it can also be more discreet. Whit-collar theft takes place in transactions. It too can be more direct, like stealing money directly from someone’s bank account.

One form of white-collar crime, however, is more subtle. It is often harder to detect, and offenders can sometimes get away with the crime for years. This is the crime of embezzlement.

Embezzlement occurs when one person entrusts another with their money, and that second person quietly steals from the first.

Embezzlement is often charged as a federal crime, but each state has its own laws against the offense.

Nevada takes embezzlement seriously, and penalties are steep.

• Embezzling $100,000 or More:
  Category B felony; prison between 1 and 20 years; restitution; fines up to $15,000
• Embezzling Between $25,000 and $99,999:
  Category B felony; prison between 1 and 10 years; restitution; fines up to $10,000
• Embezzling Between $5,000 and $24,999:
  Category C felony; prison between 1 and 5 years; restitution; fines up to $10,000
• Embezzling Between $1,200 and $4,999:
  Category D felony; prison between 1 and 4 years; restitution; fines up to $5,000
• Embezzling Less than $1,200:
  Misdemeanor; jail up to 6 months; restitution; fines up to $1,000

If you’ve been accused of this crime, talk to an attorney right away. Here are some defenses you can strategize together.

Debunk the Evidence

In any criminal charge, it’s important to take a long, hard look at the evidence against you. Remember, a jury should be convinced of your guilt “beyond a reasonable doubt,” so any flaw could help your case.

Embezzlement is a complicated crime, and that fact can work in your favor. Just building a case can take months, and you can use that time to gather your own evidence, helping prove that you’ve been misunderstood. Something that looks like embezzlement could be completely innocent. Make sure you have an attorney who understands these complexities and can use them in your favor.

Claim a Lack of Intent

Intent, or the willingness to commit a crime, is a huge component in any criminal case. Generally, people don’t want to convict someone who made a simple mistake.

Even the best financial professionals have a bad day. When you’ve been under stress, such as in a divorce or the death of a loved one, you can easily make mistakes in a complex, high-pressure job. It’s entirely possible to illegally move money without realizing it.

Maybe you did do something willingly, knowing that you would reverse this action later. In the complex world of finance, it’s often necessary to move money around. Perhaps you moved money to a personal account for safekeeping, completely expecting to move it elsewhere. Before you get the chance, someone finds that money under your name, and you’re being accused of a crime.

Explain that You Were Coerced

We all have the freedom to make our own choices, but we also have authority figures who have a lot of power over us. If your employer or manager orders you to do something illegal, it can be hard to say no. Courts can be sympathetic to this power dynamic.

Operating under duress can be more harrowing. Financial experts aren’t always aware of their client’s backgrounds, and they can find themselves working for professional criminals. If someone forced you to commit a crime by threatening you or your family, you may be able to use this fact to avoid criminal sentencing.

Our firm is here to help those accused of embezzlement. If you need help, contact us today by calling (775) 502-1575 or filling out our online contact form.

Burglary is often associated with theft. People say they have been “burglarized” when someone breaks into their house and steals their belongings. If that happens, that is certainly an example of burglary, but the crime has a broader definition.

By law, burglary is the act of illegally entering a location to commit a crime. The location could be a business, not just a home, and the crime could be vandalism, not just theft. Because of this definition, people can be surprised when they find they’ve been charged with burglary.

If you’ve been accused of burglary, here are some defenses you can use in court.

You Were in a Poor Mental State

Courts can show compassion toward people who commit a crime when they are not in their right mind. Sometimes, an illness can make you confused, causing you to accidentally enter the wrong location. Mental illness crises can make someone behave in ways that are wildly opposed to how they normally act. Even severe intoxication can be used as a defense against burglary.

There Was No Intent to Commit a Separate Crime

In a burglary case, prosecutors must prove two things:

1. You entered the location illegally
2. You planned to commit a crime while there

For a burglary charge to stick, both pieces must be true.

Entering a location illegally is simply trespassing. If you had no intention of committing any other crimes while in said location, your lawyer may be able to argue your allegations down to a more reasonable charge.

You Were Coerced

Sometimes, dangerous criminals force others to do their dirty work. This keeps them distant from the crime and allows someone else to take the fall for them.

If you commit a crime because someone threatened you or your family, you were operating under “duress.” Make sure to tell your attorney the details of your allegations. They may be able to explain the whole story to the court and preserve your innocence.

The Evidence Does Not Add Up

In any criminal trial, it’s important to scrutinize the evidence against the defendant. For instance, security footage is often blurry, and it’s hard to accurately identify a suspect. Witnesses are often unreliable as well.

There may also be no evidence directly connecting you to the crime. Perhaps there are no fingerprints, footprints, or any other types of physical evidence.

Penalties for Burglary in Nevada

The state categorizes burglary in several different ways. Penalties mostly depend on where the crime took place.

• Burglary of a Residence:
  Category B felony; between 1 and 10 years in prison
• Burglary of a Business
  Category C felony; between 1 and 5 years in prison; fines up to $10,000
• Burglary of Any Other Structure
  Category D felony; between 1 and 4 years in prison; fines up to $5,000
• Burglary of a Motor Vehicle
  Category E felony; probation with a suspended sentence; possibility of up to 1 year in jail; incarceration could go up to 4 years in prison if the offender has prior felony charges; fines up to $5,000.

Our firm is here to help defend you against burglary charges. If you need help, contact us today. You can schedule time with us online or call us at (775) 502-1575.

Last month, we discussed some effective defenses you can use against a drug possession charge.

Now we want to explain why it’s important to have a good defense. Nevada takes drug crimes quite seriously. There are many different types of possession allegations, each having stiff penalties.

In this article, we will take a broad look at Nevada’s charges and punishments for drug possession.

Drug Schedules

Any chemical the government oversees is considered a “controlled substance.” It doesn’t matter if it’s a mostly harmless prescription or a deadly street drug.

The government considers some of these chemicals to be more severe than others. In that spirit, it created drug schedules. These schedules come in five categories. The least serious drug offenses lie in Schedule V, which includes medicines like Robitussin. The most severe are Schedule I drugs, which include heroin and ecstasy.

The more times you are accused of possession, the higher the penalties become. Also, the amount of drugs impacts the punishments you could face.

Here is a short breakdown of Nevada’s drug penalties in relation to the drug’s schedule:

• Schedule I and II Drugs, less than 14 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or more
    • Category D felony; prison from 1 to 4 years; fines up to $2,500
• Schedule III, IV, and V Drugs, less than 28 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or More
    • Category D felony; prison from 1 to 4 years; fines up to $2,500

• Schedule I and II Drugs, more than 14 grams/less than 28:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000
• Schedule III, IV, and V Drugs, more than 28 grams/less than 200:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000

• Schedule I and II Drugs, more than 28 grams/less than 42:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000
• Schedule III, IV, and V Drugs, more than 200 grams:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000

• Schedule I and II Drugs, more than 42 grams/less than 100:
  • Category B felony; prison from 2 to 15 years; fines up to $50,000

Drug Trafficking

Trafficking is an even more severe crime than possession. It assumes that someone doesn’t simply have drugs. They are, instead, intending to sell and distribute those drugs on a mass scale. Generally, traffickers face much higher penalties than possessors. This is the government’s attempt to stop the drug problem at its core. This crime is sometimes called “possession with intent to sell.”

Nevada’s drug trafficking penalties:

• Schedule I and II Drugs:
  • First Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Second Offense
    • Category C felony; prison from 1 to 5 years; fines up to $10,000
  • Three Offenses or More
    • Class B felony; prison from 3 to 15 years; fines up to $20,000
• Schedule III, IV, and V Drugs:
  • First Offense and Second Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Three Offenses or More
    • Category C felony; prison or probation from 1 to 5 years; fines up to $10,000

Trafficking is a tricky crime. It depends solely on the amount you allegedly possess. Regardless of your actual intent, the police will assume that you are in the drug business and try to hit you with the highest penalties they can. If you’ve been accused of trafficking, you must secure a good attorney right away.

Our firm is here to help defend you against drug possession and trafficking accusations. Set up a free consultation with us today by calling (775) 502-1575 or contacting us online.