Nevada’s laws and penalties for driving under the influence (DUI) are among the strictest in the nation. If you find yourself facing a DUI charge for the first time, you might be wondering if you need a DUI attorney. The answer, in short, is yes. Here's why.

Navigating Nevada's strict and complex DUI laws alone, especially when facing a first offense charge, can be daunting. A DUI conviction is permanent, potentially influencing future employers, landlords, or loan officers during background checks. Without effective representation, prosecutors in Clark County (Las Vegas), Nevada, may pursue maximum sentencing.

However, an accusation of driving under the influence doesn't equate to a DUI conviction. You are entitled to every legal defense to avoid jail time, fines, and loss of driving privileges, among other penalties.

Our role is not to judge but to safeguard your rights and construct a compelling defense on your behalf. We invite you to reach out to us today to shield yourself from the severe implications of the DUI charges you face. Our dedicated Las Vegas criminal defense attorneys prioritize understanding the unique circumstances surrounding your arrest, thereby offering personalized legal support.

Understanding the Severity of a First-time DUI Offense

In Nevada, even first-time DUI offenses are taken seriously. After being arrested and charged with a DUI, your driver's license will automatically be suspended for 90 days. However, you have seven days to request an administrative hearing before the Department of Motor Vehicles (DMV) to appeal this suspension.

The hearing will determine whether, at the time of arrest, a test showed you had a blood alcohol concentration (BAC) of 0.08 or a detectable amount of a controlled and/or prohibited substance in your blood. If so, your license will be revoked for 90 days. After half of this revocation period has passed, you may apply for a restricted driver's license.

Penalties for a First-Time DUI Offense

While navigating the DMV's administrative hearings, you'll also face trial for your DUI offense. If convicted of a first-offense DUI in Nevada, you can expect to face the following:

· Two days to 6 months in jail or 48 to 96 hours of community service

· A fine of $400 to $1,000, plus court costs

· 185-day suspension of your driver's license and a $35 civil penalty

· Attendance at a state-approved alcohol awareness program

· Attendance at a MADD Victim Impact Panel

· Possible orders for an ignition interlock device for 3 to 6 months

These penalties can be severe, and the repercussions can impact your life long term.

How a DUI Attorney Can Help

A DUI attorney can work to get your charges dropped, secure a not guilty verdict, or, if unavoidable, negotiate a plea deal for the least severe penalty. We do this by meticulously investigating your arrest circumstances and any alleged evidence against you to formulate a robust legal defense against the DUI charges.

Based on the case specifics, a DUI attorney may challenge the legitimacy of your arrest, the sobriety tests conducted, breath test results, or other evidence, including whether you had “actual physical control” of the vehicle. There's a possibility of having your charges reduced or dropped without you setting foot in court.

A skilled DUI attorney can provide a robust defense, challenge evidence, negotiate plea deals, and potentially reduce your sentence. Even for first-time offenders, having an experienced attorney by your side can make a significant difference in the outcome of your case.

An attorney can help you navigate the complexities of the DMV's administrative hearings, assist you in applying for a restricted driver's license, and represent you in court. They can also provide guidance on steps to take to mitigate the impact of a DUI charge on your life, such as attending alcohol or drug abuse treatment programs.

While a first-time DUI offense might seem like a minor mistake, it can have serious consequences under Nevada law. It's essential to treat this charge with the gravity it deserves and seek legal representation. A knowledgeable DUI attorney can provide the support and representation you need to navigate this challenging time and work towards the best possible outcome.

DUI Treatment Programs: A Viable Option for First-Time Offenders

If a conviction seems inevitable and you are a first-time DUI offender charged with a misdemeanor, Nevada law (NRS 484C.320) presents alternatives to mitigate the harsher DUI penalties. You may apply to attend an alcohol treatment program instead of serving a jail sentence, provided your BAC is less than 0.18.

Agreeing to this option entails committing to a program that lasts at least six months, potentially under supervision—including random testing and infrequent status checks—for up to three years. Successful completion of the program results in a reduced sentence to the day served in jail or community service performed, and a limited fine of $400. However, failure to complete the program could lead to a full sentence for a first-offense DUI, including six months in jail, a $1,000 fine, and a six-month driver’s license revocation.

Contact the DUI Attorney at the Law Offices of Kenneth A. Stover

Secure your future with the Law Offices of Kenneth A. Stover. With our deep understanding of toxicology, probable cause, and DUI procedures, you can trust our legal team to work hard to have your charges dismissed. Attorney Ken Stover, an esteemed member of the state bar faculty and a respected educator on DUI law, is prepared for all DUI cases, including those involving drunk driving-related deaths. Act now if you’re facing a first-time DUI charge in Nevada. Call today at (775) 502-1575">(775) 502-1575 to schedule a consultation.

Receiving stolen property charges can have serious consequences. If you're facing such charges in Nevada, it's crucial to enlist the help of an experienced attorney. This blog post will examine the penalties associated with stolen property charges, the specifics of Nevada code NRS 205.272, and why hiring an attorney is essential.

Understanding Nevada Code NRS 205.272

Nevada Revised Statutes (NRS) 205.272 covers the crime of receiving, possessing, or withholding stolen goods. Under this law, if a person knowingly accepts or purchases property obtained illegally, they can be charged with a crime. It's important to note that even if you didn't steal the property yourself, simply being in possession of it can lead to serious legal trouble.

What Crimes are Considered Receiving Stolen Property?

Receiving stolen property is a broad charge that can encompass a variety of crimes in Nevada. This offense is not limited to simply being in possession of stolen goods; it also includes knowingly buying, receiving, possessing, or withholding such property. Here are some detailed examples of what could constitute a receiving stolen property charge:

• · Buying Stolen Goods: If you knowingly purchase an item that has been stolen, you can be charged. For example, if someone offers to sell you a high-end bicycle at a suspiciously low price and you suspect it might be stolen, purchasing it could lead to charges.
• · Receiving Stolen Goods as a Gift: Accepting stolen property, even as a gift, can result in charges if you have reason to believe the item was stolen. For instance, if a friend gifts you a luxury watch and you know they couldn't possibly afford it, you could be held liable.
• · Possession of Stolen Property: Simply having stolen items in your possession can lead to a charge, regardless of how they ended up there. For instance, if you're found with a stolen laptop in your backpack, you could face charges, even if you didn't steal it yourself.
• · Withholding Stolen Property: If you're aware that an item is stolen and you intentionally keep it from its rightful owner, this is also a crime. For example, if you find a stolen smartphone and decide to keep it rather than report it to the police or return it to the owner, you could be charged.

It's important to note that under Nevada law, the prosecution must prove that you knew, or should have known, that the property was stolen. This is where an experienced attorney can make a significant difference in your defense strategy.

Penalties for Possessing Stolen Property

Understanding the penalties associated with receiving stolen property in Nevada is crucial in preparing your defense and knowing what you're up against. The penalties vary based on the value of the stolen property, and it's important to know that even lower-value items can result in serious charges and consequences.

• Property Valued at Less than $650: In Nevada, if you're charged with receiving stolen property valued less than $650, you're looking at a misdemeanor. This might seem minor, but don't be fooled. A misdemeanor conviction still carries significant penalties, including fines of up to $1,000 and potential jail time of up to six months.

• Property Valued Between $650 and $3500: If the stolen property is valued between $650 and $3500, the charge escalates to a category C felony. The stakes are much higher here, with potential imprisonment for 1-5 years and fines up to $10,000. Having a felony on your record can also impact your future employment opportunities and personal rights.

• Property Valued Over $3500: If you're charged with receiving stolen property valued over $3500 in Nevada, you're facing a category B felony. This is a serious charge that comes with severe penalties. If convicted, you could face imprisonment for 1-10 years and be required to pay fines up to $10,000. The long-term consequences of a felony conviction can be devastating, affecting your ability to find employment, secure housing, or even maintain certain civil rights. Legal representation is crucial if you're facing this level of charge.

No matter the value of the stolen property you're accused of receiving, the potential penalties in Nevada are serious and can have far-reaching effects on your life. It's essential to seek professional legal advice to navigate these charges effectively.

Why You Need an Attorney to Help You Fight Charges

Facing criminal charges can be overwhelming and frightening. An experienced attorney can help guide you through the complex legal process, build a strong defense, and fight for your rights. They can evaluate the evidence against you, challenge the prosecution's case, and potentially negotiate for reduced charges or even a dismissal.

Facing a charge for receiving stolen property in Nevada is not something to take lightly. The potential penalties are severe, and the impact on your life can be long-lasting. That's why it's crucial to hire an experienced attorney who can help you navigate the legal system and fight for your rights.

How the Law Offices of Kenneth A. Stover Can Help

The Law Offices of Kenneth A. Stover has over 20 years of experience defending clients against receiving stolen property charges in Nevada. Our team understands the intricacies of Nevada's theft laws and can provide aggressive representation to protect your rights. Call (775) 502-1575" target="_blank">(775) 502-1575 to schedule a consultation. Our team will work tirelessly to examine all the evidence, challenge the prosecution's assumptions, and strive for the best possible outcome in your case.

Facing a domestic violence allegation is one of the most intimidating experiences a person can face. The consequences go far beyond criminal penalties. They can include a loss of close relationships or even a strong career.

To protect yourself from these life-altering punishments, you should learn as much as possible about the allegations against you. This knowledge includes preparing for court proceedings. You must understand certain aspects, such as the types of evidence prosecutors use in these cases.

This article is here to help you understand what those pieces look like. Read on to gain crucial insight to help you fight against domestic assault accusations.

Domestic Assault Law in Nevada

The state defines domestic violence as the intentional infliction of physical harm, emotional abuse, or intimidation by an intimate partner, family member, or household member.

That definition is broad, as it could include someone you briefly dated or a roommate with whom you have no outside relationship.

Domestic assault includes hitting, slapping, kicking, or any other form of physical aggression. It can also include threats of violence or intimidation.

Physical Evidence

This type of evidence can take many forms, including photographs of injuries, medical documentation, and DNA samples.

Strong physical evidence can be incredibly effective in a domestic abuse allegation. It can convince a judge or jury that tangible proof of the alleged harm exists.

However, physical evidence is not always available or reliable. This is particularly true in cases where a victim has no obvious injuries, or no physical evidence is left behind.

Defenses

Your attorney could challenge the admissibility of the evidence. For instance, the evidence could have been obtained through an illegal search.

Your lawyer could also present alternative explanations for the evidence. For example, if there are bruises on your partner's arm, they may have been caused by an innocent accident.

Witness Testimony

Witness testimonies serve to corroborate the victim's account. Witnesses can be anyone who observed the abuse. This includes family members, friends, neighbors, and coworkers. They may have seen or heard the abuse occur, noticed visible signs of abuse on the victim, or witnessed the perpetrator's behavior before or after the incident.

Prosecutors use testimony to add credibility to the victim's statements.

Defenses

Defense lawyers often question the credibility of the witness. This can involve pointing out inconsistencies in the testimony or uncovering a motive for lying.

Attorneys can also present physical evidence that contradicts the testimony, such as video, audio recordings, communication records, or medical reports.

Your lawyer may also be able to provide a solid alibi that shows you were not present when the crime occurred. This makes the witness appear unreliable.

Historical Documentation

This type includes any documentation, such as police reports or medical records, that indicates past incidents of abuse.

Historical documentation can support a victim's claims by providing a timeline of events and showing a pattern of behavior.

Prosecutors must be careful when using this evidence. Presenting these records in court makes them part of the public record, so your accusers must pay close attention to legal and ethical issues.

Defenses

Your lawyer may challenge the authenticity and reliability of the evidence. Doing so could mean arguing that specific documents are hearsay.

Attorneys may suggest that such documents were created under duress, and they are, therefore, unreliable.

Defenders could also present evidence that undermines the credibility of the record. They may question the documentation itself, claiming that the information is out of context. The documents could also contain inconsistencies that undermine the accuser’s account.

Domestic Assault Penalties in Nevada

Under Nevada law, domestic assault is typically classified as "battery domestic violence." This crime can be either a misdemeanor or a felony, depending on the details.

For misdemeanor battery domestic violence, the penalties can include up to 6 months in jail, fines of up to $1,000, and completing a domestic violence counseling program. Additionally, the court could enforce other conditions such as probation, community service, or restraining orders.

If the offense is charged as a felony, the penalties are more severe. Felony domestic battery can result in imprisonment ranging from 1 to 20 years, fines of up to $10,000, and the completion of a domestic violence counseling program. The court may also impose additional restrictions, such as probation and restraining orders.

Domestic Abuse

Legally, abuse and assault are not always the same thing. Domestic abuse includes verbal and emotional abuse, deceit and gaslighting, isolation, controlling behaviors, manipulation, etc.

Many of these behaviors, though immoral, are not necessarily illegal. Constantly belittling your partner, for instance, would not lead to an arrest.

Allegations of non-violent domestic abuse can still lead to legal consequences. Courts can order restraining orders against alleged abusers, giving the supposed victim a larger share of the marital assets in a divorce. Domestic abuse allegations can still greatly impact your life, and you should defend yourself against these accusations.

Every citizen is entitled to a strong defense against domestic violence allegations, and Law Offices of Kenneth A. Stover is here to help. If you are facing these allegations, contact us today by reaching out online or calling our office at (775) 502-1575.

Legal language is very specific. It’s easy to confuse different terms and phrases, and we do so often. For instance, we often swap “assault” and “battery” even though, technically, these are different crimes.

Different forms of theft are often confused as well. Someone might enter their home, see that it is has been ransacked, and shout, “We’ve been robbed!” It would actually be more accurate for this person to say, “We’ve been burgled!”

In this article, we examine the legal distinction between burglary and robbery.

Comparing Burglary and Robbery

Burglary is when someone unlawfully enters a building with the intent to commit a crime. That crime is not necessarily theft. Also, if someone unlawfully enters a location and leaves, they have not committed burglary. This act is simply trespassing.

Robbery is when someone uses force or the threat of force to take something from another person. It is a direct, intimate act. You cannot commit robbery when no one else is present.

Both crimes can involve taking property, but the key difference is the direct use of force.

Legal Definition of Burglary in Nevada

In Nevada, burglary is defined as entering a structure or dwelling with the intent to commit a crime. Even if an offender doesn't steal or commit a crime while inside the property, their intention to do so makes them liable for burglary charges.

Legal Definition of Robbery in Nevada

Robbery involves intentionally taking property from another person by using force or threats. The alleged victim must be present and aware of the threat against them.

Penalties for Burglary in Nevada

Residential Burglary

Residential burglary involves entering an occupied dwelling with the intent to commit a crime. It is a Category B felony in Nevada. If convicted, you could serve 1 to 10 years in state prison.

Burglary of a Business

This crime is a Category C felony in the state, and it is also punishable by 1 to 10 years in prison.

Burglary with Possession of a Deadly Weapon

The penalties increase when an alleged offender commits burglary while possessing a deadly weapon. It is still a Class B felony, but a conviction could result in 2 to 15 years in prison.

For each crime, the state can impose fines of up to $10,000.

Penalties for Robbery in Nevada

Nevada classifies robbery as a Category B felony. Conviction can result in 2 to 15 years in the Nevada Department of Corrections. If the robbery involved using a deadly weapon, the prison sentence could be increased to 30 years. Fines can go as high as $10,000.

Effective Defenses Against Burglary and Robbery Charges

Claim of Actual Innocence

This defense involves presenting evidence or witnesses that help prove you did not commit the crime.

Alibi

An alibi defense attempts to prove that you were somewhere else during the crime.

Lack of Intent

For a burglary allegation, you could demonstrate that you did not intend to commit a crime. This claim could lower the charge to a simple trespassing offense.

Insufficient Evidence

If there is a lack of substantial evidence linking you to the crime, your attorney may argue that the prosecution has failed to meet its burden of proof.

Mistaken Identity

If you have been wrongly identified as the perpetrator, your defense lawyer can use evidence to argue your innocence.

If you’ve been accused of a theft crime, Law Offices of Kenneth A. Stover is here to help. You can reach us by calling (775) 502-1575 or contacting us online.

When you’ve been accused of a crime, finding a good attorney should be your top priority. Considering the complexities involved in both state and federal proceedings, having an experienced professional by your side is invaluable.

From gathering evidence and developing strong defense tactics to managing interactions with prosecutors, an attorney can help take every possible step to build a compelling defense.

Here are some of the top reasons why hiring an attorney is necessary to help preserve your freedom.

The Benefits of Hiring a Skilled Criminal Defense Attorney

• Your attorney is a dedicated ally, and they will stand by you throughout the entire process.
• They have the legal knowledge and experience to navigate the complex criminal justice system and fight for your rights.
• They know how to tailor their defense strategies to fit your circumstances. A good attorney does not use a “one size fits all” approach.
• Attorneys may be able to negotiate plea deals, have charges reduced, or have charges dropped altogether, saving the need for a courtroom battle.

Your Rights as a Legal Client in a Criminal Defense Case

• The right to legal representation. This right is so sacred, the state will provide you with an attorney if you cannot afford to hire one.
• You have the right to a speedy trial. If you feel the state is dragging its feet or churning your case for whatever reason, your attorney can step in and help make sure everyone moves the process along.
• You have the right to remain silent. Exercise this right whenever possible. It may be necessary to give some basic information such as your name, address, date of birth, etc. Beyond that, you don’t have to answer any questions.

Your Responsibilities as a Legal Client in a Criminal Defense Case

• Following your attorney's advice
• Being truthful with your attorney
• Showing up to all court appearances

How to Choose a Criminal Defense Attorney

Not all attorneys are created equal. You want a lawyer who has knowledge, skill, and experience. They need to give you competent representation, and you need to make sure they are up to the task.

Start by researching attorneys in your area who focus on criminal defense. Many lawyers focus on personal injury, contract law, and other practice areas that will not help. If you simply look for a “lawyer,” you will find hundreds of people who are qualified attorneys, but they are not equipped to handle a criminal defense case.

Look for someone who has experience defending against your specific charges. Even if a lawyer is a defender, they generally focus on certain crimes. For instance, a lawyer who handles white-collar crimes may not be able to help someone accused of a violent crime.

Seek an attorney who is willing to take the time to explain the legal process and guide you through each step. You want to stay up to date, stay involved, and ask questions. An attorney who says, “Don’t worry about it, I’ll handle it,” is not keeping you involved, and they could make costly mistakes.

A good attorney will also be responsive to your questions and concerns and will work tirelessly to protect your rights. By taking the time to choose the right attorney, you can increase your chances of obtaining a positive outcome in your case.

Preparing for Your Meeting with Your Criminal Defense Attorney

• Come with a list of any questions and concerns you have, no matter how small.
• Be honest and transparent about all details of your case, including your past criminal history and any potential witnesses or evidence. The more your attorney knows, even the bad parts, the more they can build a strong case.
• Gather all relevant documents and information about your charges and arrest, such as police reports and witness statements. If you are missing anything, your attorney will let you know what else to get. Sometimes, they may be able to do it for you.

Questions to Ask When Choosing a Criminal Defense Attorney

1. Ask about their experience and track record with similar cases.
2. Inquire about their strategy for your case and how they plan to defend you. A competent attorney should have a well-thought-out approach that considers your situation.
3. Find out how available they will be during your case and how often they plan to update you on their progress. You want an attorney who is attentive and communicative.

If you’ve been accused of a crime, Law Offices of Kenneth A. Stover is here to help stand by your side and represent you in court. Free consultations are available, so reach out to us today by calling (775) 502-1575 or contacting us online.

A criminal record can significantly impact various aspects of your life, including employment opportunities, housing options, and even your relationships. However, in Nevada, individuals can expunge their criminal records, giving them a fresh start and a chance to rebuild their lives. This blog post will explore the benefits of expungement in Nevada and how it can positively impact your future.

Increased Employment Opportunities

One of the most significant benefits of expungement is its increased employment opportunities. With a criminal record, finding a job can be challenging, as many employers conduct background checks. Expunging your criminal record allows you to legally state that you have no criminal convictions, improving your chances of securing employment. It opens doors to a broader range of job opportunities and enhances your overall employability.

Improved Housing Options

Another crucial aspect affected by a criminal record is finding suitable housing. Many landlords conduct background checks on potential tenants, and having a criminal record can make it challenging to secure a rental property. Expungement allows you to present a clean record, increasing your chances of finding suitable housing options and ensuring a stable living environment for you and your family.

Restoration of Civil Rights

Expungement clears your criminal record and restores certain civil rights that your conviction may have impacted. These rights include voting, serving on a jury, and holding public office. By expunging your criminal record, you regain your full rights as a citizen, ensuring equal participation in civic activities and opportunities.

Enhanced Personal Relationships

A criminal record can strain personal relationships, impacting trust and causing difficulties building new connections. Expungement allows you to leave your past behind and focus on building healthy and meaningful relationships. It allows you to start fresh, free from the stigma associated with a criminal conviction.

Peace of Mind

Perhaps one of the most intangible but invaluable benefits of expungement is the peace of mind it brings. Knowing that your criminal record has been expunged and that you have a fresh start can alleviate stress and anxiety. It allows you to focus on your future and move forward confidently, knowing that your past mistakes no longer define you.

At the Law Offices of Kenneth A. Stover, we understand the importance of a fresh start. Our experienced team specializes in expungement services, helping individuals navigate the complex legal process and obtain a clean criminal record.

Contact the Law Offices of Kenneth A. Stover if you or someone you know is seeking a fresh start in Nevada!

One of the most difficult experiences you can face is a false domestic violence allegation. It can lead to feelings of humiliation, confusion, and panic.

Anyone in this situation must understand their legal rights, and they should study their options for a strong defense against these claims.

This article outlines some effective defenses against domestic abuse allegations that you should discuss with your attorney.

Lack of Evidence

In any criminal defense, it is important to challenge the evidence against the accused.

Many domestic violence cases rely on circumstantial evidence. This is indirect evidence that implies guilt without directly proving it. Your attorney may have methods for debunking such claims. They can analyze the credibility and reliability of the source, seek direct, contradictory evidence, and examine alternative explanations to the claims.

False Accusations

Here is an uncomfortable fact: Millions of people are falsely accused of domestic abuse every year. In 2020, a YouGov study concluded that over 20 million American experienced false allegations of domestic violence.

You need strong evidence to prove false allegations and discredit your accuser.

Effective evidence includes:

• Eyewitness testimony
• Security camera footage
• Character witness statements
• Phone and text message records
• Medical records (where the claim does not match the diagnosed injury)
• Physical evidence such as clothing or personal belongings (For instance, your accuser may claim that you used a household item as a weapon, but a forensic study could invalidate this argument.)

Self-Defense

This claim argues that you lashed out to protect yourself. For this defense to work, you must prove that you genuinely believed you were in danger at the time. Additionally, you must show that level of force you used was proportionate to the threat, and it was reasonable to neutralize that perceived threat.

Lack of Intent

In these cases, the defense argues that the alleged offender did not intentionally harm their partner or family member. For instance, they may have gestured wildly and accidentally hit the other person.

Such claims require strong evidence. Otherwise, they can degenerate into a “he said, she said” argument, and the jury must simply decide which person they believe.

Alibi

An alibi is a claim that you were not present or involved when a crime occurred. Alibis cast a strong doubt on the prosecution's case.

A good alibi is backed up by hard evidence. This can include:

• GPS history
• Video footage
• Witness statements
• Electronic communications that detail where you were at the time
• Any other documentation that shows your whereabouts, such as a receipt

Poor Mental State

These days, courts are more receptive to the fact that a bad mental state can result in bad behavior.

Mental states and illnesses that you can use in your defense include:

• PTSD
• Anxiety
• Depression
• Serious mental illnesses like schizophrenia or DID

For this defense to work, you must have evidence such as medical records or testimony from mental health professionals.

You should also be aware that a mental disorder defense doesn’t always end in a full acquittal. The suspect could be ordered to undergo intense treatment, up to and including a stay at a high-security mental institution.

Domestic Violence Penalties in Nevada

The penalties for battery domestic violence in NV depend on:

• The severity of the offense
• Whether it is a first-time or repeat offense

A first offense can result in up to 6 months in jail, a fine of up to $1,000, and 48 – 120 hours of community service.

A second offense within 7 years can result in a mandatory minimum of 10 days up to 6 months in jail, a fine of up to $1,000, and 100 – 200 hours of community service.

A third or subsequent offense is considered a felony and can result in 1 to 5 years in prison and a fine of up to $10,000.

Aggravating factors such as the use of a deadly weapon or substantial bodily harm can result in more severe penalties.

If you’ve been accused of domestic battery, Law Offices of Kenneth A. Stover is here to help. For a free consultation, reach out to our office online or call us at (775) 502-1575.

Legalese sounds odd to the untrained ear. Certain phrases make sense to legal professionals, but they feel weird in casual speaking and writing. It’s easy to hear words that are used frequently and still have a hard time understanding exactly what they mean.

You've probably heard the term "probable cause" used in the news or legal shows, but it may be hard to pin down exactly what this phrase means. More importantly, it can be difficult to understand why probable cause is so important.

Law enforcement officials cannot accuse you without a reason. They need enough evidence to justify an arrest, conduct a search, or obtain a warrant. This evidence is called “probable cause.” The Fourth Amendment to the United States Constitution requires probable cause before police issue a warrant or conduct a search.

Probable cause can be small. It could be as simple as an officer seeing a swerving driver. This is enough probable cause to pull the driver over. Alternatively, probable cause can be enormously complex. Before arresting someone for financial fraud, for instance, police may conduct a thorough investigation that could take months or even years.

Without strong probable cause, authorities can easily lose their case against a suspect. Even if the police are right about their accusations, a case could be thrown out if the arrest had weak probable cause.

Here are some examples of how probable cause can lead to searches. If you are facing criminal charges, these examples may apply to your case. Even if you are not facing any criminal allegations, you should take this information seriously, as it could help protect you against civil rights violations in the future.

The Role of Probable Cause in a Property Search

Probable cause plays a critical role in property searches. Law enforcement must have sufficient evidence that a crime has been committed, and the property is likely to contain evidence of the crime.

For example, imagine the police believe that someone is selling drugs out of their house, and they want a search warrant. To obtain the warrant, the police must convince a judge that they have probable cause. Evidence may include surveillance footage, witness statements, communication records, or other relevant information. If the judge finds that probable cause exists, they may issue a warrant that allows law enforcement to search the property.

Without probable cause, any search of your property is considered unreasonable and a violation of your Fourth Amendment rights.

Probable Cause in a Vehicle Search

Probable cause is equally important in a vehicle search. While not as important as your home, your car is still private property, and the police cannot simply rummage through it for no reason.

First, officers must have probable cause to stop a car. For instance, if someone is driving erratically, an officer would have probable cause to pull that driver over. If the officer then sees something illegal through the window, they would have probable cause to search the rest of the vehicle.

If the police do not have probable cause to search your car, and you do not consent to a search, then legally, they have no right to go through your vehicle. Any evidence collected in this situation cannot be used against you in court.

Make sure to talk to an attorney whenever the police rifle through your car. If there are Fourth Amendment violations present, your attorney may be able to spot them and hold the offending officers accountable.

Challenging Probable Cause in Court

To challenge an officer’s probable cause, your attorney must question the evidence itself. They will attempt to prove that it was invalid, incomplete, biased, etc.

Your lawyer must present evidence and arguments that prove that probable cause was not present in your case. If successful, challenging probable cause can result in the suppression of evidence. This means that the evidence leading up to a wrongful search or arrest will be removed from the case. Sometimes, a lack of probable cause will force the judge to completely throw a case out.

If you believe you’ve been the victim of a wrongful search or arrest, contact Law Offices of Kenneth A. Stover at (775) 502-1575 or fill out our online form. We may be able to schedule a free case consultation with you right away.

Going to court for the first time can be a frightening prospect, especially when it is for criminal allegations. Many people have no familiarity with this situation, making it all the more intimidating.

If you are facing criminal charges proper planning can help you stay calm throughout the process, and it could increase your chances of success.

To help you gain clarity about what lies ahead, let’s take a look at how you should prepare for your initial criminal court hearing.

Dress Professionally

You may feel inclined to showcase your personality through appearance, but this is not the time for that.

Instead, opt for a neutral and conservative outfit that doesn't draw too much attention. Covering any body modifications, like tattoos or piercings, will help you appear respectful and responsible. Leave any hats at home, and don’t wear something with a logo or loud colors.

Make sure your behavior fits the tone of the situation. It may seem like a small detail, but even something as simple as chewing gum can come off as unprofessional.

Allow Yourself to Be Nervous

Your first time in criminal court can be a nerve-wracking experience. It's normal to feel a sense of anxiety and apprehension.

You may find yourself struggling to form coherent thoughts or words when your nerves get the best of you. Common physical symptoms associated with nervousness include a dry mouth, getting tongue-tied, or growing flustered.

A judge understands this fact, especially if you’ve never dealt with this experience before. Allow yourself to feel nervous, apologize if you mess up, but keep moving. If you focus on the sensations, you may start to get anxious about trying to overcome them, and that only makes the situation worse.

To effectively calm your nerves, take a deep breath and compose yourself. Remember, you are not alone, and many people have gone through this experience.

Remain Polite

If it's your first time in criminal court, you want to make a good impression. Be polite to everyone you come across, from the clerk to the prosecuting attorney. When it's time to enter your plea, speak clearly and loudly, so the judge can hear you. Always respond to the judge with "Yes, your honor" or "No, your honor."

Most importantly, do not disrupt or interrupt the judge or anyone else in the courtroom. Speak only when spoken to, and remember to remain respectful and attentive throughout the proceedings.

Be Punctual

A late arrival delays the proceedings and irritates the judge.

Keep in mind that the judges maintain a busy schedule. You are just one of many cases they are hearing that day. They have no personal connection to you, and lateness could turn their attitude toward you sour.

Take whatever steps you need to arrive early. Give yourself plenty of time to get ready, find parking, or navigate public transportation. Don’t schedule anything before or immediately after the hearing. Make it your top priority for that day.

Take Responsibility

The judge has seen it all before, and they’ve heard every excuse in the book.

Whatever the case, remain honest and take responsibility for your actions. A judge will appreciate the integrity of your honesty, and they will be annoyed at any attempts to deflect responsibility.

When you are truly innocent, explain yourself calmly and rationally, and stick to the facts. The judge may cut you off, or they might not believe anything you say. Either way, speak when spoken to, stay focused on the facts, and do your best.

Remember that you have a right to legal representation. Your attorney can step in whenever a judge or accuser steamrolls you or cuts you off.

Law Offices of Kenneth A. Stover is ready and willing to help you seamlessly survive this challenging time. Contact us by calling (775) 502-1575 or filling out our online contact form today.