Criminal Procedure

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.

If an officer stops you and believes that you have been drinking, they will likely ask you to submit to a breathalyzer test. A breathalyzer is a small device that tests someone’s breath, estimating blood alcohol content (BAC).

It may appear as though you can simply refuse to take the test, and everything will be fine. Many states, however, have implemented “implied consent” laws that essentially force people to take the test. Nevada is one of these states. Failing to do so could result in legal consequences. These consequences for refusing can be serious, and they range from fines to outright license suspensions.

Here is a broad overview of how Nevada handles breathalyzer tests, what happens if you refuse one, and whether it's wise to do so.

Implied Consent Laws and Breathalyzer Tests

Implied consent is the assumption that drivers have consented to breathalyzer testing when they are suspected of drunk driving. Essentially, a driver is using public roads, so they are subjected to public safety standards, including a DUI test.

The Penalties for Refusing a Breathalyzer Test in Nevada

In Nevada, refusing to take a breathalyzer test is an offense under the state’s implied consent law. The law treats refusal as evidence that you’ve been drinking and are consciously attempting to avoid arrest.

If a driver refuses a breathalyzer test, they may suffer:

• Possible jail time
• Fines up to $1,000
• A license suspension of up to 90 days
• The police could even take you into custody until you consent to testing.

The authorities can also elevate these penalties if you have prior DUI convictions.

How Can You Refuse a Breathalyzer Test Without Getting Into Trouble In Nevada?

Refusing a breathalyzer test in Nevada can come with legal consequences, but you are within your rights to do so.

For the police officer to administer the test, they must first read a statement notifying you that refusal is illegal and will result in additional charges. To refuse, simply tell the officer that you are aware of your rights, and you choose to decline the breathalyzer. Remember to remain polite and compliant. You don’t want to give them reason to pin any other allegations onto you.

Most likely, you will suffer some of the consequences outlined above when you refuse. However, you could be able to avoid a full-blown DUI charge. Make sure to contact an attorney as soon as possible after a breathalyzer refusal.

Measures to Take After Refusing a Breathalyzer Test in Nevada

If you refuse a test, you will probably suffer some penalties.

However, you may be able to take the following steps to avoid further trouble:

• A plea agreement
• Probation programs
• Enrollment in alcohol safety classes

Before taking any of these deals, consult with an attorney. They can help make sure the deal is fair and just, and they may be able to keep even these penalties at a minimum.

The Law Offices of Kenneth A. Stover has years of experience defending clients against DUI allegations. We know all of the potential penalties you could face for refusing a breathalyzer test, and we can help you negotiate a reasonable alternative.

For a free consultation, call us now at (775) 502-1575 or contact us online.

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.

The use of kava tea is becoming increasingly popular across the nation. In Reno, it’s easy to find a kava spot to sit and relax. Kava is a sedative tea, and it is often served in a bar setting. People sometimes refer to these spots as “sober bars,” but that label isn’t quite accurate. Kava has a numbing effect on both the mind and the body.

Thus far, the law has mostly stayed away from regulating or outlawing kava, but drinking kava and driving could have serious consequences. It may slow down your reaction times, creating a hazard on the road. Furthermore, it could have legal consequences.

We don’t encourage you to drink kava and drive, but doing so is still technically legal. Even so, police could use kava to arrest you for a DUID (driving under the influence of drugs) charge.

Here are some important facts about the legality of drinking kava and driving.

There Is Currently No Testing for Kava

There are ways to test for kava in the system. Currently, however, authorities have not included those tests in DUID arrests. Blood tests for narcotics can generally show traces of cocaine, heroin, meth, and so forth.

Therefore, if you are accused of driving under the influence of kava, there will be no conclusive proof of the accusation. This will be helpful in your case, as the evidence could boil down to your word vs. the police’s.

Not All Illegal Drugs Show Up in Testing

The conclusion above will help your case, but it may not completely protect you. Many drugs don’t show up in testing, but if the police believe your driving was impaired, you could still be charged and convicted of a DUID.

Using perfectly legal prescription drugs, for instance, could still result in a DUID arrest. If anything impairs your driving, the results could be the same. Police could, theoretically, charge someone with a DUID if they had too much coffee and drove erratically.

Getting Pulled Over After You’ve Had Kava

Since drug testing doesn’t reveal all possible drugs, police rely heavily on their judgement in a DUID arrest. They keep a close eye on a driver’s behavior, dilated pupils, and so forth.

If you’ve had any kava, even just a sip, and you get pulled over, remain silent. You may need to answer some basic questions like your name and address, but beyond that, you have no obligation to tell the police anything. Don’t answer questions about where you’ve been or where you’re going. Don’t fall for questions like, “What are you on right now?”

Don’t give the police any reason to believe your driving was impaired. Even if you’ve got an open cup of kava in the cupholder, don’t answer any questions about it.

If your driving was erratic, the police may be able to charge you with reckless driving. This is a heavy charge, and it requires a legal defense. It is not, however, as bad as a DUI or a DUID.

If you’ve been charged with a DUI or a DUID, call our firm at (775) 502-1575 right away. We can act fast, and we may be able to prepare a defense for you. You can also use our online contact form.

Being pulled over on suspicion of driving under the influence can be an anxiety-inducing experience. Remaining calm and following the steps outlined in this article can help.

Thinking Ahead & Acting Accordingly

When someone is pulled over on suspicion of driving under the influence, their behavior during the traffic spot can influence the outcome of the investigation. Following these steps can help you avoid making the situation worse:

• Pull over safely: As soon as an officer turns on their lights to pull someone over on suspicion of DUI, they will be paying attention to every move the driver makes. If someone pulls over erratically, long after the officer turns on their lights, or in an unsafe manner, the officer’s suspicion may increase. Drivers should use their turn signal and pull over cautiously.
• Stay in the vehicle: Once they’ve pulled over, drivers should remain in their vehicle unless instructed otherwise. Their hands should be placed on the steering wheel where they are visible to the officer.
• Don’t make sudden movements: Officers are on high alert when they pull someone over. Sudden movements from the driver could give the officer reason to believe the situation is dangerous.
• Be polite to the officer: Traffic stops tend to be easier when the person being pulled over is polite to the officer and treats them with respect. Being rude or noncompliant is not in the driver’s best interest.
• Do not admit to drinking: It is a driver’s constitutional right to remain silent. As such, it is acceptable for a driver to tell a police officer that they only feel comfortable speaking in the presence of an attorney. Approaching the situation in this manner will prevent drivers from making incriminating statements.
• Do not consent to field sobriety tests: The National Highway Traffic and Safety Administration recognizes three types of field sobriety tests; the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test. These tests are notoriously easy to fail, and even some sober people are incapable of passing them. Failing these tests is likely to reinforce an officer’s belief that a driver is intoxicated, so you may want to exercise your right to refuse the test.
• Do not consent to a PAS: A PAS, also known as a preliminary alcohol screening device, is used to test a driver’s breath to determine a preliminary blood alcohol concentration. A PAS test administered by an officer on the scene is intended to help the officer determine whether there is cause for arrest, but it is not as effective or accurate as the tests that will be run at the station. You are not required to consent to a PAS test.
• Take the tests at the station: If someone refuses to take the blood alcohol concentration tests once they arrive at the police station or hospital, their driver’s license will be automatically suspended for a full year. It’s also worth noting that an officer can get a search warrant for the testing, so it’s unlikely that refusal will prevent the tests from happening.
• Contact an attorney: Anyone who has been pulled over and arrested on suspicion of driving under the influence should contact an experienced DUI attorney as soon as possible. Attorneys can help by collecting evidence, searching for police errors, and more. They can be invaluable when it comes to preventing the long-term consequences of a DUI arrest.

Fighting On Your Behalf

If you’ve been arrested for a DUI and need legal counsel, contact the Law Offices of Kenneth A. Stover today. Our legal team has an in-depth understanding of toxicology and the procedures used in DUI cases. Call us or contact us online for your free consultation.

A criminal record can follow someone throughout their life, making it more difficult to obtain employment, housing, and government benefits. In some states, people can have their criminal record expunged, meaning the record will be erased and will no longer be accessible to the general public.

Expungement can be life-changing for people with certain convictions. However, not all states offer convicted people the possibility of expungement. Nevada is one of these states. Fortunately, there is an alternative—record sealing—that can help lessen the damage of a criminal record on someone’s quality of life.

Does Nevada Offer Expungement?

The short answer is no. The state of Nevada does not expunge criminal records. However, it does allow certain convicted people to petition to have their criminal records sealed. Some people think of expungement and sealing as the same thing. However, there are important differences between the two.

Sealing vs. Expungement

The differences between sealing and expungement are slight, and both legal processes achieve similar results for people convicted of crimes. When a criminal record is expunged, the record of the court’s actions against the person is deleted and no longer kept by the state. Nevada differs in that the state keeps records of criminal actions permanently in the Central Repository for Nevada Records of Criminal History. However, the state will agree to seal certain records when ordered by the court that initially handled the criminal action.

Seals and expungements are similar in that, when a seal is completed, the criminal proceedings are considered to have never happened. The person who was initially convicted or arrested can safely and legally refrain from disclosing the criminal history on important documents such as job applications, housing applications, and more.

Who Qualifies for Sealing?

A person is only eligible to have their court records sealed after a certain amount of time has passed. This could be an amount of time after release from custody, after the end of a sentence that was suspended, or after the completion of probation or parole. These time increments differ by offense, as indicated below.

• Misdemeanors: Someone with a non-violent misdemeanor conviction in Nevada can petition to have their record sealed one year after they were released from incarceration or one year from the end of a suspended sentence.
• Misdemeanor battery: A person can petition to have a misdemeanor battery conviction sealed two years after being released from incarceration or after their suspended sentence has ended.
• Misdemeanor harassment: This conviction is eligible for sealing two years after the convicted party has finished serving time.
• Misdemeanor stalking: Anyone convicted of misdemeanor stalking can petition the courts to have their records sealed two years after their sentence has ended.
• Domestic violence battery: A conviction for this crime can be sealed 7 years after the convicted person was released from incarceration or after the end of their suspended sentence.
• Misdemeanor DUI: This conviction can be sealed 7 years after the sentence has been completed.
• Category E felony: Category E felony convictions can be sealed 2 years after the convicted party has been released from incarceration or after their probation or parole sentence has ended.
• Category B, C, and D felonies: Felony convictions in these categories can be sealed 5 years after the convicted party is released from incarceration or after their probation or parole sentence has ended.
• Category A felonies: Category A felony convictions are very serious and can only be suspended 10 years after the convicted party has been released from incarceration, probation, or parole.

Convictions That Cannot Be Sealed

The opportunity to petition for record sealing is a privilege. That said, certain crimes are not eligible for sealing in the state of Nevada. Criminal convictions that cannot be sealed after a sentence has been completed include:

• Crimes involving children
• Crimes that are sexual in nature (sexual assault, rape, etc.)
• DUI at the felony level
• Invading someone’s home while in possession of a deadly weapon
• Vehicular homicide while under the influence

Contact Us for More Information

If you have completed a criminal sentence and want to learn more about sealing the related records, contact the Law Offices of Kenneth A. Stover. With more than 25 years of experience, Attorney Stover can help you fight for freedom from the social consequences of a conviction. Call us or contact us online to schedule a free consultation.