Confronting identity theft charges in Nevada can turn your life upside down. The state enforces strict penalties, and even an accusation can impact your career, reputation, and relationships. We know how daunting it feels when your future is on the line. By understanding how identity theft is defined, prosecuted, and defended in Nevada, you gain critical knowledge to protect your rights. Drawing from our experience as former prosecutors and dedicated defense professionals, we share what you need to know—and what you can do—at every stage of your case.

What Constitutes Identity Theft Under Nevada Law?

Identity theft in Nevada occurs when someone knowingly obtains, possesses, or uses another person’s personal identifying information without consent, intending to gain a benefit or cause harm. Nevada Revised Statutes (NRS 205.463) list specific identifiers, such as names, Social Security numbers, account numbers, driver’s license numbers, and biometric data. Even if there is no financial loss, intending to deceive or obtain something of value can trigger felony charges. Attempted identity theft—where the intended fraud was interrupted or failed—still carries heavy legal consequences under state law.

Identity theft in Nevada covers a range of scenarios. Cases may involve unauthorized bank withdrawals, opening lines of credit with another person’s information, obtaining medical care, or securing government benefits. We frequently encounter lesser-known cases, such as using a roommate’s data to set up utility accounts or accessing digital profiles for personal gain. Because the law defines identity theft broadly, actions taken in error or during misunderstandings sometimes lead to serious investigations.

The law does not require that the alleged crime be successful or that victims suffer a loss. Prosecutors need only demonstrate intent and unauthorized possession or use of the identifying information. This wide net means that misunderstandings, mistakes, or poor documentation can escalate to criminal allegations. Our approach involves dissecting the prosecution’s claims point by point to determine whether the actions truly meet the statutory definition of identity theft in Nevada.

How Does Nevada Prosecute & Penalize Identity Theft Offenses?

Nevada takes a firm stance against identity theft offenses, often pursuing these crimes as Category B felonies. Penalties for identity theft in Nevada range from one to twenty years in prison and fines up to $100,000, reflecting the severity with which the justice system treats these allegations. Prosecutors can increase penalties for crimes that target vulnerable populations, such as elderly individuals, or when the offense includes multiple victims or large sums.

Aggravating factors affect both charging decisions and sentencing. These factors include targeting seniors, causing significant financial losses, or using a position of trust (like working in a financial institution) to facilitate the offense. Nevada courts may also stack sentences for offenses against multiple victims, resulting in consecutive prison terms. In many cases, additional charges—such as forgery, fraud, or possession of fraudulent documents—are filed alongside identity theft, compounding the risks to the accused.

The process often starts with a complaint from a private individual or business, followed by an investigation that can include digital forensics, financial audits, and subpoenaed records. Prosecutors rely on both physical documentation and digital evidence, including account access logs and electronic communications. At Law Offices of Kenneth A. Stover, we leverage our prosecutorial experience to respond proactively at every stage—working to dismantle weak charges, negotiate favorable outcomes, or push for diversion programs where appropriate.

What Are the Most Effective Legal Defenses for Identity Theft Charges in Nevada?

Every case has unique circumstances, but several impactful defenses can be raised in response to identity theft charges in Nevada. Demonstrating lack of intent is one widely used strategy. The prosecution must prove that the accused knowingly and purposefully used another’s identity without authorization. It is not uncommon for individuals to be accused based on accidental or mistaken use of personal information, such as shared household accounts or business transactions gone awry. We carefully assess each client’s circumstances, looking for evidence that supports a lack of intent or a misunderstanding between parties.

Mistaken identity is another robust defense. With so many transactions conducted digitally, innocent people sometimes get linked to activity simply because they share an address, device, or computer network with the actual perpetrator. We work to uncover digital forensics, third-party records, or surveillance that distinguishes our client’s actions from those of others. Supporting evidence—including timecards, location history, or eyewitness testimony—can further demonstrate that charges are misdirected.

Constitutional protections are also vital in defending against identity theft. If authorities obtained evidence through an illegal search or lacked proper warrants, that evidence can often be suppressed, drastically weakening the prosecution’s case. We routinely analyze how investigators collected financial, digital, or physical evidence, seeking violations of search & seizure laws. Challenging the prosecution’s procedures and the chain of custody for crucial evidence can open the door to reduced or dismissed charges, protecting our clients from unjust outcomes.

How Does a Former Prosecutor’s Perspective Benefit Identity Theft Defense?

Working with a defense lawyer who previously served as a prosecutor gives you strategic insight that can make a real difference in your case. Our prior experience means we anticipate the logic, methods, and pitfalls prosecution teams rely on. This allows us not only to see weaknesses in the case against you but also to act at critical moments—such as during bail hearings, pretrial motions, or evidence negotiations—where those who lack this background might miss important opportunities.

As attorneys who have built cases from the other side, we recognize common errors in evidence handling and gaps that defense can exploit. For instance, prosecutors may overlook how data was collected or whether a witness’s story shifted over time. These oversights can form the foundation for a strong defense. When negotiating with prosecutors, we know what motivates them—potential evidentiary problems, unreliability of witnesses, or difficulty proving intent. This translates into more effective advocacy for charge reductions or alternative resolutions.

Our dual perspective brings a nuanced approach to defending identity theft cases. We advise clients on how best to interact with investigators, respond to subpoenas or document requests, and present a narrative that aligns with both the facts and the specific priorities of Nevada prosecutors. At Law Offices of Kenneth A. Stover, we draw on this rare combination of knowledge to navigate every stage of your defense more effectively.

What Immediate Steps Should You Take If Accused of Identity Theft in Nevada?

Taking action quickly is critical if you’re accused of identity theft in Nevada. Avoid engaging with police or investigators before you consult a defense attorney. Anything you say—intentionally or not—can later be used by prosecutors to build a case against you. Instead, clearly exercise your right to remain silent and request legal counsel immediately. This step protects you, demonstrating awareness of your rights without implying guilt.

Gather & secure any materials relevant to your case. This may include financial records, emails, text messages, mobile devices, or work logs. Do not alter, delete, or dispose of these items; preserving them not only keeps you compliant with the law but also ensures your defense team has all possible evidence to work with. We also recommend writing a detailed, date-specific timeline of key events before and after the alleged offense to support your recollection and defense strategy.

Limit conversations about your case to your attorney. Avoid discussing details with friends, family, coworkers, or sharing anything on social media platforms. Even comments made in confidence can be misinterpreted or used out of context in criminal proceedings. At Law Offices of Kenneth A. Stover, we guide you through these early decisions, prioritizing your defense and positioning you for the best possible resolution from the outset.

How Does a Defense Attorney Challenge False Accusations of Identity Theft?

Our defense approach to false identity theft accusations centers on investigation and tactical response. We start by requesting complete access to the prosecution’s evidence, then independently examine each piece for inconsistencies, errors, or alternate explanations. Surveillance footage, electronic records, and third-party documentation often reveal crucial details—such as shared device usage, transaction errors, or factual discrepancies between statements and evidence.

Building a timeline can bolster your alibi and clarify the limits of your involvement. For example, if you’re accused of using a stolen identity on a certain date, we help document your legitimate activities or communications that show otherwise. In technology-driven cases, we utilize digital forensics experts to parse device histories and network logs, showing who actually accessed accounts or systems at the relevant times.

Beyond the legal defense, we provide strategic guidance for minimizing collateral damage. Identity theft accusations can affect employment, credit, and personal relationships—even if the allegations are unfounded. We advise on steps to respond proactively to employer questions, credit complications, or professional licensing concerns, helping you protect your reputation throughout and beyond the legal process.

What Rights Do You Have During an Identity Theft Investigation in Nevada?

When under investigation for identity theft in Nevada, you retain several critical legal rights that protect you at every stage. First, you have the right to remain silent and to refuse to answer questions without your attorney present. Law enforcement may attempt to gather statements or admissions informally, but you are under no obligation to provide information that could later be used against you. Invoking these rights early is essential to preventing avoidable self-incrimination.

You also benefit from significant protections regarding search & seizure of your property or digital devices. Nevada law, guided by both state statutes and the U.S. Constitution, requires law enforcement to obtain a valid search warrant before conducting most searches. If authorities seize your devices or documents unlawfully, a skilled defense lawyer can move to suppress evidence, weakening or even dismantling the prosecution’s case. We scrutinize the details of any law enforcement action to ensure your rights remain fully protected.

Even after charges are filed, you have the right to review all the prosecution’s evidence, challenge witness claims, and cross-examine those testifying against you. Nevada’s laws provide for fair discovery and the opportunity to respond at each step. Our team ensures you understand these rights and that every procedural safeguard is leveraged as part of your defense strategy.

What Is the Legal Process for Identity Theft Cases in Nevada?

Identity theft cases in Nevada generally advance through several structured phases. This legal journey begins with a complaint or formal investigation. Law enforcement may contact you directly or execute an arrest based on evidence collected. Once arrested, you’ll likely go through booking and bail proceedings. Early legal representation is crucial at this point, as it establishes your defense and can affect the terms of bail and conditions of release.

After arrest comes arraignment, where formal charges are read, and you enter a plea. The pretrial discovery process follows, with both sides exchanging evidence—including witness lists, financial documentation, and digital data. During this period, we may file pretrial motions to suppress evidence, dismiss certain charges, or require the state to share more information. Nevada courts strictly enforce deadlines for these motions, so acting promptly maximizes your legal options.

If the matter does not resolve with a plea agreement or pretrial dismissal, the case may proceed to trial. Prosecution bears the burden to prove guilt beyond a reasonable doubt. Your defense team challenges every point—offering counterevidence, cross-examining witnesses, and emphasizing gaps in the prosecution’s assertions. If needed, sentencing follows conviction, with the judge weighing facts such as the defendant’s history, level of involvement, and the broader effects of the alleged identity theft. Throughout these stages, our focus remains on clear communication, effective advocacy, and thoughtful guidance for every client.

Can You Face Civil Lawsuits or Restitution for Identity Theft in Nevada?

Beyond the criminal charges, identity theft defendants in Nevada may confront substantial civil consequences. Alleged victims can file lawsuits for direct financial harm, loss of credit, or even emotional distress tied to the theft. These civil actions often parallel the criminal case, meaning you may answer to multiple courts for the same alleged conduct—even if the criminal case is dismissed or you’re acquitted.

Nevada law allows courts to order restitution, requiring defendants to repay victims for documented losses. In addition to direct compensation, you could also face court-ordered payment for legal fees or other costs tied to the victim’s recovery. A civil judgment can have lasting effects, including wage garnishment or liens on property, which may follow you long after criminal penalties are resolved.

Addressing both criminal & civil exposure requires coordinated legal planning from the outset. Our team provides guidance on negotiating settlements where warranted, ensuring all facts are properly presented in both forums. Protecting your finances and future requires a defense approach that looks beyond the courtroom to all potential impacts of an identity theft accusation.

How Can You Rebuild Your Life After an Identity Theft Case in Nevada?

Completing a case—whether through dismissal, acquittal, or serving a sentence—marks the start of a new chapter. In Nevada, you may be eligible to seal criminal records after a waiting period or if your case resulted in a dismissal or acquittal. Sealing blocks public access to those records, making it easier to secure employment, housing, or professional licenses. The process involves submitting formal petitions and supporting evidence to the court, and the requirements differ based on the type of outcome and offense.

Financial restoration takes coordinated effort. Begin by pulling your credit reports and resolving any lingering fraud alerts, disputed accounts, or negative marks tied to the accusations. We help our clients understand how to address financial institutions, rebuild credit, and document the steps required for rehabilitation. Detailed record-keeping and proactive engagement with creditors or licensing boards can smooth your path as you move forward.

Reputation management also matters. An identity theft case can cast a shadow over your professional and community relationships. With strategic planning, clear documentation, and, when appropriate, transparent communication, you can gradually restore your standing. Our commitment at Law Offices of Kenneth A. Stover is to stand with you throughout—not just during courtroom proceedings, but as you rebuild and chart a stronger path ahead.

When Should You Contact a Criminal Defense Attorney for Identity Theft Charges in Nevada?

If you suspect you are being investigated for or accused of identity theft in Nevada, contacting a criminal defense attorney promptly safeguards your future. Warning signs include being approached by law enforcement, receiving subpoenas, or hearing from your employer about an investigation. Acting early allows your legal team to guide your communications, preserve critical evidence, and intervene with law enforcement or prosecutors before charges are formally filed.

An experienced defense attorney can protect you during questioning, help you respond appropriately to investigatory requests, and prevent damaging mistakes. Early involvement also helps maintain your privacy and may permit early resolution, which can minimize harm to your reputation and financial future. Our background as former prosecutors enables us to anticipate the course of your case and act proactively in your best interest from the outset.

Take control of your situation. If you have questions about identity theft defense in Nevada, or if you are already facing charges, connect with our team at Law Offices of Kenneth A. Stover. Our deep legal experience and understanding of both prosecution and defense empower us to stand with you every step of the way. Call (775) 502-1575">(775) 502-1575 to discuss your case confidentially and begin building your defense today.

Getting a traffic ticket in Reno can feel unexpectedly complicated. Even minor violations can affect your record, insurance, and peace of mind. While it’s common to think that tickets for less-publicized offenses are not a big deal, Nevada’s traffic laws carry real, lasting consequences. At Law Offices of Kenneth A. Stover, we use our background as former prosecutors to anticipate challenges and protect your rights. We help our clients address every type of citation with strategic defense and clarity throughout the legal process.

Common Overlooked Traffic Violations in Reno & Why They Matter

Many drivers in Reno are aware of speeding and distracted driving laws, but lesser-known offenses such as failing to yield, improper lane changes, running stop signs, failure to signal, and driving with expired registration are frequently enforced as well. Police also cite drivers for driving without lights at dusk, obstructing intersections, and ignoring temporary construction signs. These violations can lead to tickets, and in many cases, drivers aren’t aware of the specific rule until after being pulled over.

While these violations might appear insignificant, they often carry fines, demerit points, or requirements to appear in court. Nevada’s point system means accumulating 12 points within a year leads to an automatic six-month suspension of your license. Traffic infractions also increase insurance premiums for years afterward. For many drivers, tickets for these smaller infractions come as a surprise but can still cause significant hardship and financial strain.

Each traffic case comes down to specific details: where the incident happened, how the officer documented the event, and whether all signs or markings were clear. Having local legal counsel who understands how Nevada courts interpret these laws can make the difference between paying a fine and keeping your driving record clear. Navigating the nuances of traffic regulations requires a thorough approach to investigating every aspect of your case.

Can I Fight a Traffic Violation in Reno? Know Your Legal Rights

Every driver in Reno has the right to contest a traffic violation. Nevada law provides a fair process to dispute citations, no matter the type of offense. You are not required to accept the officer’s claims or automatically pay the fine—unless you choose to. Drivers can plead not guilty, ask for an evidentiary hearing, and present defenses based on facts or law.

If you contest a ticket, the process typically involves an arraignment or initial court date, where you formally declare your intent to challenge. The prosecution must then prove the violation occurred. You get the opportunity to present evidence, call witnesses, or show that the stop was unlawful. In many cases, early legal intervention opens the door to favorable pretrial negotiations or even dismissal on technical grounds. Understanding these rights empowers drivers to navigate the legal process with confidence.

Many drivers feel overwhelmed by court rules or intimidated by legal jargon. With the right advocacy, you can avoid mistakes, address procedural requirements, and ensure your side of the story gets the attention it deserves. Our team works to protect your legal interests and clearly explain the options at each step, providing support and guidance during a process that can feel confusing or unfair when faced alone.

How the Prosecution Builds Its Case for a Traffic Violation

Prosecutors rely on the officer’s written report as the primary evidence for most traffic cases in Reno. This document includes the officer’s observations, location, description of the offense, weather or traffic conditions, and any conversation or admissions made by the driver. Sometimes, additional materials like dashcam video, photos of intersection signage, or statements from witnesses strengthen the prosecution’s case.

Other evidence may include calibration records for speed measurement devices or live testimony if the officer, other drivers, or bystanders report seeing the alleged violation. For certain charges, city traffic camera footage or citations from public transportation officers could be introduced. Each piece of evidence contributes to the prosecution’s efforts to meet their burden of proof.

Our background as former prosecutors means we know where these cases often fall short. We scrutinize reports and physical evidence for inconsistencies or errors and use that insight to build a focused, actionable defense. By understanding how prosecutors prepare their arguments, we’re prepared to counter them effectively on our clients’ behalf.

Strategies to Challenge Evidence in Nevada Traffic Cases

Successfully contesting a traffic citation means looking deeper than the surface details. We evaluate technical and factual weaknesses, beginning with the accuracy of the officer’s observations. Was the event truly visible based on lighting, weather, or obstructions? Did the officer miss any key environmental factors? Raising these points can shift the outcome in your favor, especially when records or available photos support your account.

Device-based citations—such as those reliant on radar or camera footage—create additional defense opportunities. Challenging the calibration history or maintenance records of devices can weaken the prosecution’s reliance on these machines. If the city or police missed a required calibration or failed to properly maintain equipment, it may be legally inadmissible.

We also focus on witness statements and environmental factors: Did another driver or bystander see the event? Was a road sign obscured by tree branches, construction, or vandalism? Have recent road changes caused confusion? In many cases, supporting documentation—photos, video, or city maintenance records—can establish your defense more clearly than words alone. Our thorough investigative process makes use of every resource to uncover valid challenges to prosecution evidence.

What To Do If You Don’t Speak English Well or Feel Intimidated in Court

If you don’t speak English fluently or feel anxious about attending court, you’re not alone. Many people in Reno worry about misunderstandings or missing important details during a legal proceeding. Fortunately, Nevada law requires courts to provide certified interpreters when a language barrier exists. Failing to ensure understanding can affect the fairness of the hearing—and may provide grounds for future appeals.

When you receive a ticket, let the court know as early as possible if you need interpretation services. Courts provide these at no charge for a variety of languages, ensuring you understand the charges, evidence, and your own rights. Letting your attorney know about your concerns also lets us prepare you ahead of time, reduce confusion in the process, and address additional issues that could come up in court because of language.

It’s normal to feel intimidated or nervous—especially for first-time offenders. We work closely with our clients before, during, and after hearings to clarify the next steps and help you prepare. Our team ensures you never have to face the legal process alone. By explaining complex procedures in plain language and standing by you in court, we give you the support and confidence necessary to assert your legal rights.

Avoiding License Points, Suspensions & Insurance Rate Increases After a Ticket

Even minor civil infractions in Nevada add points to your driving record. Accumulating too many points triggers serious consequences, including a suspension that makes it illegal to drive for months at a time. Alongside these administrative penalties, insurance carriers routinely check DMV records and may raise your premiums long after you’ve paid the original fine.

To avoid or reduce these penalties, several options are available:

• Negotiating for lower charges: We identify opportunities to request reductions to non-moving violations or offenses with no points, especially for first-time offenders.
• Traffic school completion: Nevada allows eligible drivers to keep or reinstate their driving privileges by completing an approved course. This can lead to point removal or dismissal of certain charges.
• Proactive record review: Checking your DMV record regularly helps spot errors or surprises. If you’re at risk for license suspension, consulting with a criminal defense team sooner rather than later gives you more options.

We always approach traffic cases with the long-term effects in mind. By investigating records, advocating for fair resolutions, and exploring every legal tool Nevada offers, we help clients address both the immediate charge and its future impact.

Alternatives to Paying Fines or Pleading Guilty in Nevada Traffic Cases

Many drivers believe their only choice is to pay a fine or plead guilty, but Nevada law frequently provides alternatives that may limit or eliminate lasting consequences. For many first offenses, courts may offer traffic school diversion, which—if completed—can result in charge dismissal or point avoidance. Asking the judge at arraignment about eligibility opens the door to these non-monetary options.

For others, community service can satisfy fines when financial hardship is clear and documented. Judges in Reno’s courts weigh each case individually, taking into consideration your driving record, circumstances, and willingness to take responsibility. Deferred judgments or agreements to monitor conduct over a period of time can also lead to charge dismissal if terms are met during the deferral period.

Understanding which options apply to your case and presenting documentation or arguments clearly is the key to accessing these opportunities. Our team guides clients through the paperwork, hears administrative policies firsthand, and prepares you to put your best foot forward in negotiations—whether with the judge, prosecutor, or administrative officials overseeing traffic diversion programs.

Missed Court Dates & What to Do If You Can’t Pay Your Ticket in Reno

Missing a traffic court date or failing to pay a fine as scheduled can cause the court to issue a bench warrant or add new penalties. Reno courts have procedures for reinstating missed hearings or requesting alternate payment plans if you act promptly and in good faith. Many times, a simple phone call or filing of a request with the court clerk lets you reschedule without additional consequences—especially if you weren’t deliberately avoiding responsibility.

If you can’t pay your ticket, Nevada courts often allow you to request a payment plan or perform community service. Judges expect you to explain your financial situation honestly and to be proactive about requesting alternative arrangements. Failing to pay out of hardship is not grounds for jail time, but ignoring the obligation can make things worse and complicate your record moving forward.

If a bench warrant was issued, it’s critical to address it as soon as possible to avoid being arrested at an unexpected time. Our team helps clients file motions to recall warrants, negotiate manageable payment terms, and restore driving privileges whenever possible—helping to reduce stress and move toward resolution quickly.

When It Makes Sense to Hire a Criminal Defense Attorney in Reno for a Traffic Ticket

Not every ticket requires legal intervention, but complex or high-stakes situations often benefit from experienced defense. If a violation could suspend your license, impact your livelihood, result in extra points, or involves disputed facts, timely legal advice is critical. Drivers unfamiliar with Nevada’s procedures or who have non-English language concerns should consider having professional advocacy.

Having previously worked as prosecutors in Reno gives our team a direct window into the most effective defense strategies. We know which arguments resonate with local judges and identify opportunities to request charge reductions or dismissals. Our perspective helps ensure the prosecution must prove every aspect of their case, often uncovering weaknesses others may miss.

You should consider hiring our team if you face a ticket that could impact employment, risk a suspension, or add to an already troubled driving record. Our approach is to provide a thorough review, open communication, and tailored defense planning that matches your specific needs and goals as a client.

What to Expect When Working with Law Offices of Kenneth A. Stover on a Traffic Violation Case

From the first call, we focus on understanding your unique concerns and explaining the legal charges against you. Our process includes an in-depth review of your citation, police reports, and any relevant documents or photos. We outline the legal process step by step, making sure you know what to expect and where you stand every moment.

We perform our own investigation, examining the details, possible defenses, witnesses, and circumstances around your citation. Clients benefit from our prosecutorial experience because we anticipate opposing arguments and defense weaknesses others might miss. Our defense is always strategic, specific, and designed for both immediate and long-term record protection.

Throughout your case, we communicate regularly, prepare you thoroughly for each hearing or negotiation, and provide clear recommendations in plain language. Our commitment is to simplify the process, reduce anxiety, and ensure you always have guidance from a team that knows both sides of the law.

Take Action to Protect Your Record & Rights in Reno

Every traffic citation deserves careful attention. If you want to challenge a violation, reduce penalties, or better understand your options, reach out to Law Offices of Kenneth A. Stover. With our experience and local knowledge, you’ll receive straightforward advice and support as you navigate Nevada’s traffic laws. Call (775) 502-1575">(775) 502-1575 to schedule a confidential consultation and move forward with confidence and clarity.

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.

Intent, or doing something willfully, is a big part of any criminal case. The legal, Latin term for intent is "mens rea." When you understand how important intent is in a criminal case, you can develop strong defense strategies. Proving that you did not mean to commit a crime could be the difference between freedom and a long-term prison sentence.

In this blog, we will broadly explore the idea of intent and how it specifically relates to theft crimes. If you’re facing any form of theft allegation, use this article to help you better understand your charges and how to fight them.

Defining Intent in Theft Cases

In Nevada, intent is defined as “the purpose or set of purposes for which a person acts and the state of mind accompanying that action.”

Put simply, a person must willfully commit a crime for a jury to find them guilty. The state uses this definition and its related criteria to determine whether a theft occurred. This forms the foundation of theft prosecutions in Nevada.

The “state of mind” portion of the definition refers to how clearheaded someone is at the moment of the crime. If they are having a mental health episode, for instance, the court should consider this fact when determining intent. Courts can even consider whether someone was drunk or high at the time.

How Courts Consider Intent in a Theft Case

When it comes to determining intent in theft cases, Nevada courts consider a variety of factors.

The court can evaluate:

• The accused’s patterns of behavior
• The frequency of particular behaviors
• evidence related to premeditating or planning the crime
• statements the accused made about being involved or uninvolved in a theft

Furthermore, physical evidence of an alleged crime may reveal intent. Imagine, for instance, police search the suspect’s car and find tools commonly used to break into a safe. At that point, it’s fair for them to assume the suspect was involved in a recent safecracking crime.

Challenging Intent in a Theft Allegation

Here are some defenses you can use to show you did not willfully steal another person’s property.

• Necessity
  In an emergency, you may be able to justify taking someone else’s belongings. You, for instance, are running from muggers and see an unchained bike, so you hop on the bike and make your escape.
• Consent Was Present
  If you honestly believe that the owner gave you access to property and you took it, you can show the court that the entire incident was a mistake or a miscommunication. For instance, you believed you had the right to borrow someone’s car, but they reported it stolen.
• The Property Was Abandoned
  Let’s say a mother puts her cell phone down on a park bench and runs over to the playground when her child falls. While she’s tending to her child, someone swipes the phone. In that case, it’s hard to argue that she abandoned the property, and the alleged thief could face penalties.
  
  However, imagine someone who throws their cell phone into the grass, yelling, “Piece of junk!” They leave it there and walk away, never turning back. A situation like this could justify an “abandoned property” defense in a theft case.

Nevada’s Penalties for Theft Crimes

Sentencing fluctuates based on the details of the crime. Embezzlement, for instance, carries far steeper punishments than purse-snatching.

Lower-left theft is often a misdemeanor crime, which can include jail time and steep fines. Felony theft charges can result in 10 1o 15 years in prison.

The value of the property is also relevant to sentencing. If the stolen property stolen is worth $1,000 or more, the crime can be classified as a Category B felony.

Other repercussions can:

• Probation
• Community service orders
• Court-mandated restitution
• Enrollment in counseling programs at your expense
• Professional license suspension or revocation, depending on your profession

Law Offices of Kenneth A. Stover is here to help you fight theft allegations. Call us today at (775) 502-1575 or contact us online to schedule your free consultation.

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

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

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

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

Nevada takes embezzlement seriously, and penalties are steep.

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

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

Debunk the Evidence

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

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

Claim a Lack of Intent

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

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

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

Explain that You Were Coerced

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

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

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

In last month’s shoplifting article, we discussed effective defenses against the crime. Now, we want to explore what might happen if you don’t fight these charges in court.

Nevada takes shoplifting charges seriously. At the low end, the crime is a misdemeanor. On the opposite extreme, it can be charged as a felony.

Before, going forward, let’s discuss the differences between these two criminal categories.

Misdemeanors vs. Felonies

Typically, states have three levels of criminal charges: infractions, misdemeanors, and felonies. Infractions are the lowest crimes, often punished with fines, community service, or minor probationary obligations.

Misdemeanors are the “middle” crime. People often make the mistake of dismissing misdemeanors as minor crimes. This way of thinking is a mistake.

Even the lowest-level misdemeanors, those that do not come with jail time, stay on your record. When someone does a background check, they may not see that you served a menial sentence. They will simply see a misdemeanor, and this could affect your ability to get a job, housing, and more.

Felonies are the most severe crimes. Lower-level felonies can be sentenced like misdemeanors, but the highest-level felonies could result in life imprisonment.

Depending on the circumstances, Nevada will charge shoplifting as either a misdemeanor or a felony.

Misdemeanor Shoplifting in Nevada

Nevada values its shoplifting crimes according to the value of the allegedly stolen merchandise.

If the total of the shoplifted items is less than $1,200, the state will charge the offender with a misdemeanor. This can result in up to 6 months in jail with fines as high as $1,000 and a possible court-ordered restitution.

Felony Shoplifting in Nevada

Once the value of the items goes over $1,200, penalties become more severe. At this point, the state charges offenders with a felony. The more valuable the merchandise, the steeper the penalties.

Nevada’s Felony Shoplifting Penalties

Merchandise Between $1,200 and $4,999

Category D felony; prison from 1 to 4 years; restitution; fines up to $5,000

Merchandise Between $5,000 and $24,999

Category C felony; prison from 1 to 5 years; restitution; fines up to $10,000

Merchandise Between $25,000 and $9,999

Category B felony; prison from 1 to 10 years; restitution; fines up to $10,000

Merchandise Valued at $100,000 or More

Category B felony; prison from 1 to 20 years; restitution; fines up to $15,000

Immigration Penalties

Grand larceny is a deportable offense. In legal terms, “Larceny” is the word for “theft,” and “grand” indicates theft to a high degree. Nevada’s grand larceny standard begins at $1,200 or more.

If you’ve been accused of shoplifting, your immigration status could be in trouble. Make sure to contact a good attorney right away to help preserve your right to stay in the states.

Our Firm Is Here to Help

We know that everyone in our country is innocent until proven guilty. We are here to help preserve that innocence. The state’s job is to prove your case beyond a reasonable doubt. We will use our investigative skills to help uncover holes in their accusations against you. If there is any doubt about your guilt, you should be allowed to go free, and we want to help make that a reality for you.

For a free consultation, call us right away at (775) 502-1575. You can also schedule time with us online.

When you’ve been accused of shoplifting, the outlook can appear bleak. The authorities say they’ve caught you red-handed, so there’s no use in arguing against the charge. Don’t believe them. This is a trick. It’s an attempt to move the case along quickly. They want to secure a guilty verdict and move on.

You can fight any charge in court. This is your right. The prosecution has a responsibility to prove your guilt beyond a reasonable doubt. You can make them work for it by pleading not guilty and challenging your case.

No matter what evidence the authorities believe they have against you, you can always push back against a shoplifting allegation. Here are some effective defenses you can use in court.

There Was No Intent

To build a strong case, prosecutors must show that someone is guilty beyond a simple technicality. They need to show intent. This means that, in a shoplifting charge, the accused purposely stole something. Furthermore, shoplifting implies that the alleged offender did not intend to bring an item back.

It’s easy to get distracted while you’re out shopping. You could be busily checking your list, wrangling in the kids, or simply daydreaming. In your confusion, you may accidentally walk out of the store without paying for an item or two. Before you get the chance to return it, you’re suddenly facing a shoplifting arrest.

If you took something by accident and didn’t get the chance to return it, this is a genuine, credible defense against shoplifting.

The Item Was Not Concealed

Technicalities matter in a criminal accusation. Shoplifting charges assume that you hid an item and walked out of the store with it. If you had the item in the open and left the store, this could, technically, invalidate your shoplifting charge.

A lack of concealment can also work within a lack of intent claim. You could argue that if you brazenly had the item out in the open, you clearly didn’t realize you were stealing it. Maybe you thought you’d already paid for it, or maybe you simply didn’t realize it was in your hand. Essentially, you’re claiming that you’re not foolish enough to openly walk out of the store with stolen goods.

The Police Have the Wrong Person

It’s easy to mistake one person for another, especially in a crowded store. Eyewitnesses are unreliable at the best of times. Any simple obstruction like a shelf or an item jutting into an aisle can confuse onlookers. You can also assume that a witness didn’t see you for long, unless they had been staring at you for quite a while.

Even security footage can be misinterpreted. Cameras are often placed at odd angles, and even with modern technology, the footage can be grainy and indistinct. The person on camera may bear a striking resemblance to you, but that doesn’t mean it’s definitely you.

Remember, your attorney’s main objective is to sow doubt into the prosecution’s argument. If they can make the court questing whether the wrong person was accused, even just a little, you may be able to beat your shoplifting charge.

Our firm is here to help defend you against shoplifting allegations. Call us at (775) 502-1575 today for a free consultation. You can also schedule time with us online.

Theft is one of the most frequently committed crimes and has a wide range of consequences for someone who is convicted. Considering that almost anything can be stolen, there are various classifications for theft crimes in the legal system. The charges a person will receive depend entirely on the nature of the specific theft they are being accused of. Someone can receive felony charges in certain severe situations, and those charges have the potential to be life-altering if a conviction is made.

Defining Theft Through the Law

Theft is a broad term used to describe the many crimes involving a person stealing property that does not belong to them. The legal definition describes theft as intentionally taking property from another person or entity without consent and with the intent to deprive that person of its benefits. Different types of theft crimes include:

• Embezzlement: This charge applies when someone who is given the responsibility of handling money for someone else or for a business takes that money for their own use without permission. Embezzlement is most commonly committed by employees who have access to their employer’s finances.
• Extortion: A person has committed extortion when they take personal items or money from another person by intimidating or threatening them. The threats do not need to be carried out immediately and can include actions such as physical harm, exposing someone’s secrets, accusing someone of a crime they did not commit, and damaging their property.
• Larceny: Larceny is the crime many people think of when they hear the word theft. It involves taking someone’s property with the intent to deprive them of that property permanently. Larceny is a specific crime under the umbrella of theft because it is only applicable in situations involving tangible property, such as jewels or home goods.
• Burglary: Burglary is a serious crime that involves entering someone’s property without permission with the intent to steal things, harm them, or commit another felony crime. Burglary is not limited to private homes and can include entering property such as stores, cars, boats, and other structures.
• Robbery: This charge can be brought upon anyone who takes property from another person by using force such as violence or intimidation. Verbal threats and violent physical contact without a weapon are examples of force that can lead to robbery charges. Robbery is elevated to armed robbery when a weapon is used.
• Deception: A person has committed a theft through deception if they have tricked another person into giving them their personal property. For example, if someone asks to borrow their friend’s bike with the intention of keeping it, it would be classified as “larceny by trick.”

Theft crimes can also be classified based on the value of what was stolen. This method of classification includes petty theft and grand theft.

• Petty theft, also known as petit larceny, occurs when someone steals property valued at less than $1,200. Convictions for this crime in the state of Nevada are misdemeanors.
• Grand theft, also known as grand larceny, occurs when someone steals property valued at more than $1,200. This crime is a felony in the state of Nevada.

Theft as a Felony Charge in Nevada

Theft crimes that are more serious or involve high-value property will be charged as felonies in the state of Nevada. For example, if a theft crime involves stealing a vehicle or a firearm, the crime automatically becomes a felony. Felony charges for theft crimes in Nevada are broken down as follows:

• Class D Felonies: Theft crimes are considered Class D felonies when the value of stolen property exceeds $1,200 but is less than $5,000. The penalties for a Class D felony include a prison sentence between 1 and 4 years long as well as a fine that can be worth as much as $5,000.
• Class C Felonies: Class C felony theft occurs when someone steals property or services that are worth at least $5,000 but no more than $25,000. The penalties for Class C felonies include a prison sentence between 1 and 5 years long as well as a fine that can be worth up to $10,000. It is worth noting that the first offense of stealing a vehicle is also a Class C felony regardless of how much the vehicle was worth at the time it was stolen.
• Class B Felonies: Class B felony theft has different consequences depending on the specific nature of the crime that was committed. If someone steals more than 1 vehicle within a span of 5 years, they can receive a prison sentence between 1 and 6 years long as well as a fine of up to $5,000. If someone steals property worth more than $25,000 but less than $100,000 or if they steal a firearm of any value, they can receive a prison sentence between 1 and 10 years as well as a fine of up to $10,000. If they steal more than $100,000 worth of property, they can receive up to 20 years in prison as well as a fine of $15,000.

Theft Results in Civil Penalties

Someone convicted of a theft charge may face civil penalties in addition to criminal penalties. Civil penalties make the convicted party responsible for paying for the other party’s losses. In Nevada, someone who is convicted for shoplifting may have to pay the owner of the store for the value of what was stolen, damages between $100 and $250, any fees associated with creating the lawsuit, and attorney’s fees within reason.

Restitution

Nevada law requires anyone convicted of theft to pay restitution to the person the theft was committed against. Restitution is money paid specifically to people crimes are committed against in order to bring them back to the position they were in before the crime took place.

Defending a Theft Crime

A talented and experienced attorney can help someone facing theft charges defend their position in a court of law. The following defense strategies are frequently implemented by attorneys litigating theft cases:

• Lack of intent: If the defense is able to prove that the person accused of theft did not intend to steal the other party’s property or intend to keep it, then that person cannot be convicted.
• It was a gift: Sometimes, people give gifts they decide to revoke later as revenge or due to regret. If it can be proven that the property in question was given to the defendant, they cannot be convicted of theft.
• Authorized use: If someone had a reasonable belief that they were authorized to use and possess the property in question, it can be used as a defense to accusations of theft.

Our Attorney Can Help

The Law Offices of Kenneth A. Stover can help anyone who has been accused of theft and is facing criminal charges. The legal process can feel overwhelming but having our experienced legal counsel on your side will help assure you have the best chances of lowering your charges or having them dropped. We will ensure you are aware of your rights and know what to expect when facing the legal system. Reach out for a free consultation today online or at (775) 502-1575.