Blogs from 2017

If you have a criminal record, you are likely all too familiar with the difficulties associated with it. You might have trouble finding housing or securing a job, for example. However, you do not have to live with this mark on your past forever. It is possible, in some cases, for a criminal record to be sealed in Nevada. When you comply with the procedure for sealing your criminal record, it will be removed from government databases and inaccessible to the public. This does not happen automatically, so it is important that you make sure other courts and agencies are informed of the court’s order to seal your criminal record.

The Benefits of Sealing Your Criminal Record

With a criminal record, you might encounter many difficulties, even the inability to apply for credit or a loan. If you have your criminal record sealed, landlords, potential employers, and lenders will no longer be able to access them and discriminate against you. Additionally, your right to vote can be restored, as well as your right to hold office or serve on a jury. Even under oath, you will not have to tell anyone that you have a criminal record.

Can a Criminal Record Be Reopened Once it is Sealed?

In some cases, a criminal can be reopened and investigated if:

• A prosecutor wants to reopen it after you are charged with an offense similar to the one you were charged with.
• A prosecutor or other criminal defendant applies to reopen your criminal record to discover information about others who were involved in a crime you were convicted of.
• Certain agencies want to inspect your criminal record for a particular purpose. For example, the Gaming Control Board might be able to view your record if you apply for a gaming license.

Who Can Have Their Criminal Record Sealed?

Eligibility for sealing a criminal record depends on a wide range of factors, such as the type of offense you committed and when you were released from custody. Here are some examples of cases in which you would not be eligible to have your criminal record sealed:

• You were charged with an offense that is still pending
• You committed or attempted to commit a crime against a child or children under the age of 18
• You committed a felony sexual offense against a child or children under the age of 18

You might be eligible to have your record sealed if:

• Your case was dismissed or you were acquitted of all charges and do not have another pending criminal action against you
• You were convicted of a criminal offense in Nevada if the required amount of time has elapsed (this will vary, depending on the offense)

Courts can decline to seal a criminal record that is eligible for sealing, so make sure to consult with a skilled criminal defense attorney to increase your chances of success.

Record Sealing Attorney in Reno, Nevada

If you are looking to seal your criminal record, it is imperative that you consult a criminal defense attorney who is experienced in this area to increase your chances of successfully putting the past behind you. At the Law Offices of Kenneth A. Stover, we have been working on the record sealing process for over 16 years and are ready to do the same for you.

Contact us today at (775) 502-1575 to schedule a free consultation.

When it comes to fake IDs, Nevada treats this offense seriously. As such, it is illegal for any individual to possess, sell, or even transfer a document or personal identifying information for the purposes of establishing a false identity, status, membership, license, or occupation for any reason. Basically, if you have or are selling fake IDs, you are going to run into some legal troubles.

Here are some common fake ID scenarios:

• An undocumented alien using fake naturalization papers in order to secure work benefits that only legal immigrants should have access to
• An underage person using a fake ID to claim he or she is over the age of 21
• An individual selling or giving fake IDs to others
• A thief using a counterfeit card to access another individual’s money

Is Having a Fake ID a Felony?

If you have a fake ID and are arrested, whether you will be charged with a felony or a misdemeanor depends on the use of the fake ID. If you are using a fake ID to get alcohol or cigarettes or to gamble, you would be charged with a misdemeanor; however, using a fake ID to engage in credit card fraud, forgery or online fraud is a felony offense.

What Are the Penalties for Using or Selling a Fake ID?

If an individual possesses a fake ID in order to purchase or consume alcohol or cigarettes or to gamble, he or she would be charged with a misdemeanor, which is punishable by a maximum jail sentence of 6 months and fines of up to $1,000.

If a person uses a fake ID to engage in credit card fraud, forgery, or online fraud, this will be treated as a category C felony, which is punishable by a maximum prison sentence of 10 years and a fine of up to $1,000. Other offenses involving the possession of a fake ID will be treated as a category E felony, resulting in a maximum prison sentence of 4 years and a fine of up to $5,000.

Selling or giving away a fake ID to a minor for the purpose of allowing them to drink alcohol, buy cigarettes, or gamble is a gross misdemeanor, punishable by a maximum jail sentence of 364 days and fines of up to $2,000. Selling or giving away personal identifying information that belongs to an individual over the age of 60 or someone who is vulnerable is a category B felony and can result in a maximum prison sentence of 20 years and fines of up to $2,000. The same penalty can apply as a result of selling or giving away the personal information of 5 or more individuals, or selling or giving away personal information that causes another individual to suffer a financial loss or injury of $3,000.

Reno Criminal Defense Attorney

If you are facing charges regarding fake IDs, the Reno criminal defense attorney at the Law Office of Kenneth A. Stover is prepared to fight for your rights and help you secure the results you need in order to move forward with your life. It is our mission to help you walk away with a cleared name and, if possible, a clean slate. Do not hesitate to reach out to us today.

Call our office at (775) 502-1575 to schedule a free consultation.

While the two might sound similar, assault and battery are two separate criminal offenses in Nevada. The key difference between them is intent and action. Assault is defined as the intention of an individual to intimidate or threaten another person. Battery, however, is more than a threat; it is an act of violence against another person that can result in harm or bodily injury. These types of crimes are often committed with a deadly weapon. Any item that can be used to inflict deadly force on another person can be considered a deadly weapon. Therefore, if someone attempted to stab another person with a pen, the pen can be considered a deadly weapon.

Is Assault or Battery a Felony in Nevada?

Whether or not battery or assault are considered felonies in Nevada depends on the specific details of the case. Either one of these charges can be a misdemeanor, a gross misdemeanor, or a felony charge, depending on a number of factors. Prior offenses, the use of a deadly weapon, and the victim’s injuries will all play a role in how a battery or assault case is handled.

Determining Guilt in Assault and Battery Cases

In Nevada, a person can receive a conviction for either of these offenses, regardless of whether or not the victim sustained any injuries. The presence of injuries is not the only thing that is considered in a case involving assault or battery. The use of illegal force, intent to threaten or harm, and the victim’s awareness will all play a part in determining the guilt of a defendant. That said, battery is slightly different when it comes to determining guilt.

In a case involving battery, the victim does not have to be aware of the act in order for a conviction to occur. For example, if the defendant is accused of slipping a drug into someone’s drink and caused intentional harm while he or she was unconscious, this is still considered battery and the victim’s awareness is not necessary to determine guilt.

Criminal Defense Attorney in Reno

If you were arrested or charged with assault or battery, you should not have to endure this alone. Everyone deserves to have legal representation to ensure their rights are protected. At the Law Office of Kenneth A. Stover, it is our mission to help you walk away from a criminal allegation with a cleared name. With over 20 years of experience, you can trust in our ability to fight for you.

Contact our office at (775) 502-1575 to schedule a free consultation today.

As of November 8, 2016, recreational and medicinal marijuana were legalized in Nevada. Recreational use is legal for consumers who are 21 years of age or older, though they are able to purchase only up to one ounce of cannabis at a time, or an eighth of an ounce of concentrate.

Who is Allowed to Purchase Marijuana in Nevada?

As previously mentioned, individuals who are 21 years of age or older can legally purchase marijuana. However, anyone 18 years of age or older can also purchase cannabis if they have a valid medical marijuana card, even if the card was issued from out-of-state. Minors are also able qualify for a medical marijuana card as long as a parent or guardian signs the Minor Release Form and agrees to act as the minor’s primary caregiver.

Limits on Purchasing

Recreational consumers can purchase up to one ounce of cannabis flower or, alternatively, an eighth of an ounce of concentrate at once from any recreational dispensary. A 15% excise tax will be added to every purchase.

For individuals who have a valid medical marijuana card and are 18 years of age, or their caregivers, the limit for how much marijuana they can purchase is 2.5 ounces within a two-week period. It includes the cannabis flower, edibles, concentrates, and any other item that contains cannabis and can get a person high.

Whether you are a recreational consumer or have a valid medical marijuana card, you can shop at multiple dispensaries, but keep in mind that all purchases are tracked in real-time to prevent consumers from purchasing an amount that exceeds the legal limit.

Consuming Marijuana

Despite the fact that marijuana is now legal in the state of Nevada, it is only legal for private use. This means you are not allowed to smoke it in public, on federal land, or in a vehicle. Additionally, most hotels do not permit the use of marijuana due to concerns about conflicting federal law. Individuals who are caught violating the public consumption laws in Nevada risk being charged with a misdemeanor, which is punishable by jail time, steep fines, or both.

Reno Marijuana Law Attorney

From licensing to business planning, the Law Offices of Kenneth A. Stover offers wise guidance and information regarding marijuana law. Whether you are just starting out, or already have an established business, we can assist you in understanding the specifics of marijuana laws, negotiating with local municipal authorities, land use regulations, and more.

Contact our office today at (775) 502-1575 to schedule a free consultation.

Each state defines crimes a little differently, including domestic violence. Nevada law, for example, describes domestic violence as a violent crime committed by persons with whom the victims share certain personal or familial relationships.

These law apply to current and former spouses, people related by blood or marriage, people who currently or formerly lived together, people who are or were dating, people who have a child in common, the minor child of any of these people, or a person appointed legal guardian for the minor child of any of these people.

Likewise, “violent crime” could be any of a number of other offenses, such as the following:

1. Battery
2. Assault
3. Sexual assault
4. Engaging in knowing, purposeful, or reckless conduct designed to harass the victim
5. False imprisonment
6. Unlawful entry into the victim’s home against the victim’s will
7. Compelling a victim through force or threat to perform an act the victim has a right to refuse performing or through force or threat to prevent a victim from doing something he or she has a right to do

Someone convicted of domestic violence is guilty of a misdemeanor if the defendant has no other domestic violence battery convictions within the last 7 years. The punishment includes 2 days to 6 months in jail, 48 to 120 hours of community service, and a fine ranging from $200 to $1,000. A second conviction within a 7-year period will face harsher punishments, including 10 days to 6 months in jail, 100 hours of community service, and a fine ranging from $500 to $1,000.

Both types of convictions will likely lead to mandatory participation in domestic violence counseling. Likewise, if the victim was a child, the defendant will probably have to pay the cost of counseling for that child.

A 3^rd conviction is automatically a Class C felony. If convicted, the defendant could serve 1 to 5 years in prison and a fine of up to $10,000. Likewise, even if it is a 1^st-time offense, domestic violence involving strangulation would be a Class C felony and might result in a fine of up to $15,000.

If you are accused of domestic battery, the best thing you can do for yourself is to hire a skilled Reno criminal defense attorney as soon as possible. The Law Offices of Kenneth A. Stover is here to help. Attorney Stover has more than 20 years of legal experience to offer your case.

Get started by calling us at (775) 502-1575 or filling out our online form today.

Most states punish driving under the influence (DUI) with particularly severe sentences, and there is even less tolerance for any alcohol present in the blood of commercial drivers. Nevada is no different. Bus and truck drivers in Nevada are subject to much stricter DUI laws than non-commercial drivers. If you are caught with a blood alcohol content (BAC) of 0.04% or higher, your commercial driver’s license (CDL) could be suspended for a year or even for life.

Part of the reason the law is much stricter on commercial drivers than non-commercial drivers is their level of responsibility. There is a huge difference between a car and a commercial truck weighing as much as 80,000 pounds. Likewise, a bus driver is often driving many people to and from their destinations, so the potential loss of life in a bus accident would be much higher.

A 1^st-time DUI conviction for a commercial driver will result in a CDL being suspended for one year, unless he or she was transporting hazardous materials. If the driver was transporting hazardous material when he or she was pulled over, the suspension will be 3 years. A 2^nd conviction will result in a lifelong CDL revocation.

Even if a commercial driver was arrested for a DUI in a personal vehicle, if he or she was found with a BAC of 0.08% or above or was physically impaired by drugs or alcohol, both his or her regular license and CDL license will be suspended. A 1^st offense carries a 90 day suspension for a non-commercial driver’s license, and a 2^nd offense carries a 1 year suspension. Likewise, if a CDL holder gets a DUI for driving a commercial vehicle with a BAC of at least 0.04% but less than 0.08%, his or her regular license and CDL will be suspended as well.

If you are facing a DUI charge as a commercial driver, it is essential to avoid a conviction. Even a single DUI on you permanent record might prevent you from ever working as a commercial driver again. Let our skilled Reno DUI lawyer help prove your innocence and save your livelihood.

Contact us at (775) 502-1575 or fill out our online form to schedule a free case consultation today. We look forward to speaking with you.

If you’ve been arrested on suspicion of driving under the influence (DUI) of alcohol, police might ask you to take a blood, urine, or breath test at the station. While you can legally refuse to take a breathalyzer test at the time you are pulled over, you are obligated to give a chemical test to determine your blood alcohol content (BAC) at the station. This obligation is because of Nevada’s implied consent laws. However, people do refuse to give a sample and decide to face the potential consequences of refusal. The question is, “When officers draw blood using force after such a denial, can the blood be used against you in court?”

Prior to 2013, the answer probably would have been “yes.” However, the case Schmerber vs. California went to the U.S. Supreme Court, where it was decided any blood taken by force without a warrant couldn’t be used against a defendant.

Part of the reason for this ruling is the court noted advances in technology now allow for quicker and easier warrant processing. In the past, an officer might have to wait an hour or longer to obtain a warrant, during which time the defendant’s body would have had enough time to process and break down the alcohol in the blood. Because of the delay, officers were legally allowed to draw blood without a warrant if it seemed like the evidence would be gone by the time the warrant was granted.

If your blood was taken for a BAC test without your consent, you might be able to fight your charge and avoid a DUI conviction. Talk to our skilled Reno DUI lawyer about your case as soon as possible. The Law Offices of Kenneth A. Stover is ready to defend your rights and your freedom. Attorney Stover has more than 20 years of legal experience to offer your case. As a former deputy district attorney, he understands how the prosecution works and how best to defend against their tactics. Let us see what we can do for you.

Contact us at (775) 502-1575 or fill out our online form to schedule a free case consultation today. We look forward to speaking with you.

If you’ve never been involved in a criminal case before, you might not know there are essential pieces of information you should be aware of as soon as you are assigned a public defender or hire an attorney. This information can help you better prepare for the case ahead. Here are a few essential questions to ask your criminal defense attorney.

Have You Obtained and Reviewed All “Discovery”?

Discovery is how attorneys refer to relevant evidence, such as police reports, witness statements, audio and video tapes, photographs, and other material provided by the prosecutor. Your attorney should have made copies of all of it and reviewed it with you to ensure you understood the case thoroughly. You can point out holes where your defense attorney can fill the gaps with more information that can help your situation, such as potential witnesses the prosecutor never discovered.

What Can I Do?

Depending on your situation, there might be steps you could take that can dramatically lessen your sentence. Your attorney should tell you if there are any gestures or actions to take to improve the outcome of your case. For example, you might be able to enroll in classes, counseling, or a drug rehabilitation program to lessen your sentence.

How Much Will I Owe You?

Unless you have a public defender, you will need to pay your attorney’s fees after all is said and done. Some lawyers charge by the hour while others charge a flat rate for the entire process. If you’ve hired your own lawyer, make sure you know ahead of time how much you are likely to owe after the case is closed.

Are There Any Sentencing Alternatives?

Sometimes offenders are eligible for alternatives to prison, such as electronic home detention, the Sheriff’s Work Program, Work Furlough, or community service. Your lawyer should know whether you qualify for these alternatives. Likewise, some defendants can’t afford to pay high fines and would prefer to receive a longer jail sentence instead.

If you’re facing a criminal charge, give yourself the best chance of defending your rights and freedom. Talk to our skilled Reno criminal defense attorney about your case as soon as possible.

Contact us at (775) 502-1575 or fill out our online form to schedule a free case consultation today.

If you’ve never faced a criminal charge before, you are probably feeling anxious about what to expect, especially when you’re due to appear in front of a judge. However, a little preparation goes a long way. Below we’ve listed some idea of what to expect.

Initial Appearance

Depending on your jurisdiction, “initial appearance” could mean you are appearing in front of a judge for the first time, or it could mean your attorney will appear in front of a judge on your behalf. If you are going to need to make an appearance, understand it’s okay to be nervous. Experiencing dry mouth or getting flustered or tongue-tied is incredibly common. However, it’s unusual for a judge or court commissioner to become angry with a defendant who is scared or intimidated, but polite.

Remain Polite

It’s paramount to do your best to remain polite to everyone you encounter at any time. From the clerk or bailiff who checks you in to the court reporter to the judge, you should always say “please” and “thank you.” Likewise, always refer to the judge as “your honor,” which is a formal way of showing the judge respect. While not all judges view this as necessary, some might and will take offense if you don’t acknowledge their title.

Speaking in Court

If you have an attorney, you will likely not be talking much in court. He or she will act as your representative and will make arguments on your behalf. Usually, the first time you appear in court will be to set bail and / or to enter a plea.

Entering a Plea

Most people plead not guilty, and there is almost no reason to do anything differently. A not guilty plea can be changed to a guilty plea at any time incredibly easily; however, the opposite isn’t always true. Even if the prosecution has a lot of evidence against you, you should still see what he or she has to offer you.

Dress Appropriately

While you don’t need to wear a tuxedo, you should appear clean and well-groomed when you appear in court. For men, consider wearing a shirt and tie with nice jeans or slacks. For women, wear dress pants and a nice blouse, jeans, or a non-revealing dress.

For more information on what to do in your first appearance, or to get started on your defense, talk to our skilled Reno criminal defense attorney today. The Law Offices of Kenneth A. Stover is here to help.

Contact us at (775) 502-1575 or fill out our online form to schedule a free case consultation today.