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Blogs from October, 2023

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  • 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.

    Do I Need a DUI Attorney for a First Offense?
  • 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.

    Do You Need an Attorney to Fight a Receiving Stolen Property Charge in Nevada?