Jesse Kalter Law - Reno Criminal Lawyer Article Hub

What a Reno Criminal Defense Attorney Does – Call Before Trouble Starts

Tue, 11 Nov 2025 21:30:19 GMT

When a conversation with police turns serious, or when a text, a warrant, or a knock at the door raises questions, time matters. Speaking to a criminal defense attorney before trouble escalates protects rights, prevents avoidable mistakes, and can influence whether charges are ever filed. This article explains what a criminal defense attorney actually does, why early counsel is the smartest move, and how Jesse Kalter Law approaches fast, decisive defense for people in Reno, Sparks, and communities across Northern Nevada.

Criminal cases do not wait. Investigators move quickly, evidence can fade, and early decisions – what to say, what not to say, what to sign – carry real consequences. The goal here is practical: give readers in the Greater Reno area a clear plan for protecting their freedom, reputation, and future, starting now.

Why Calling Early Changes Everything

There is a misconception that a lawyer is only necessary after charges are filed. In reality, the most important moves often happen before a case hits the courtroom. Early legal advice creates a buffer against pressure, confusion, and unnecessary risk.

Control the conversation
Police and investigators can ask questions at inconvenient times and in disarming ways. Without legal guidance, it is easy to give information that seems harmless but will be used later to close off defenses. An attorney steps in to control the flow of information, set ground rules, and prevent off-the-cuff statements that weaken a position.
Prevent unforced errors
Small choices carry large consequences: allowing a search without understanding its scope, consenting to a phone download, replying to a “quick” message from a detective, or speaking informally “just to clear things up” can all lead to disaster. Early counsel separates what is required by law from what is optional and risky.
Preserve evidence that helps
Witnesses' memories fade fast. Video can be overwritten. Emails and texts get lost. A defense team moves quickly to lock down favorable facts, timelines, and records before they disappear or are shaped by the other side’s version of events.
Influence charging decisions
When prosecutors review a file, the quality and context of the information matters. Early, precise defense work can reveal exculpatory facts, human context, or legal problems that lead to reduced charges – or no charges at all. Waiting removes this opportunity.
Set the stage for every next step
Bail, conditions of release, negotiations, motions, and trial strategy all benefit from early structure. The difference between a rushed reaction and a prepared defense often alters outcomes.

What a Criminal Defense Attorney Actually Does Before and After Charges

A capable defense lawyer does far more than stand in court. The most effective work is often quiet, strategic, and fast.

Research and case mapping
A defense team reconstructs what happened with a disciplined timeline: the who, what, when, where, and how? This includes calls, texts, location data, surveillance, medical records, expert input, and any point that explains or challenges the State’s theory.

Gatekeeping and communications
A lawyer becomes the single point of contact for investigators, employers, schools, and concerned third parties. That keeps a client from being cornered, misquoted, or rattled into statements. The defense team sets lawful boundaries, so communication is documented, strategic, and on-message.

Legal audits of evidence
Every stop, search, seizure, test, and lineup has rules. The defense asks whether those rules were followed and what that means for the admissibility of evidence. This is not technical for its own sake; it is how weak cases are challenged or dismissed.

Negotiation and leverage
Prosecutors weigh risks. When a defense shows preparation and trial readiness, negotiations change. Facts, law, and credibility matter. Experienced counsel knows when to push, when to pause, and when to set a case for trial. Prosecutors know which criminal defense lawyers are experienced in trial and which are not.

Trial preparation
Some cases must be tried. Trial-ready lawyering does not start the week before jury selection. It starts at intake with focused theory, key exhibits, and cross-examination planning that align from the first meeting.

The Risks of Waiting: Many Reno Defendants Unfortunately Learn This the Hard Way

People in Northern Nevada who are under investigation or who have been arrested face the same core problems:

Confusion in the first 72 hours
The initial days after an arrest or a serious incident can feel overwhelming. There are forms, conditions, and court appearances. Family is stressed, work is at risk, and reputation is on the line. Clear direction from counsel removes guesswork and replaces panic with a plan.

Pressure to make statements
“Tell us your side” sounds reasonable. In practice, premature statements are difficult to fix later. Counsel ensures the client’s story is told at the right time, in the right format, and with the right protections in place. Sometimes the story is best only told to the attorney.

Deadlines and collateral fallout
Employment issues, licensing, school discipline, immigration concerns, and protective orders can move faster than the criminal case. A local defense team coordinates those moving parts so legal choices in one arena do not sabotage another. What a defendant says can always be used against them in a criminal case.

Financial strain
Unplanned legal bills, missed work, and childcare add pressure. A practical defense plan often targets efficient wins – dismissals, charge reductions, or negotiated outcomes that shorten the fight and protect the future. Strategy beats chaos every time.

Charges Jesse Kalter Law Handles – and Why Early Strategy Matters for Each

Domestic battery and related allegations
Early strategy can collect messages, photos, medical records, and witness statements that explain context or self-defense. These cases often hinge on credibility and timing. When the defense builds the timeline first, weak allegations can collapse.

DUI and impaired driving
From the roadside to the station, each step is governed by rules. An attorney examines stop justification, testing procedures, device maintenance, and chain of custody. Swift action also protects driving privileges whenever possible and sets up challenges that narrow exposure.

Drug offenses
Search and seizure law sits at the heart of many drug cases. The defense reviews probable cause, warrants, informant reliability, and search scope. Contacting counsel early can prevent casual consent to searches and preserves grounds to suppress weak evidence.

Sexual assault and lewdness charges
These cases are high-stakes and complex. The defense works fast to secure digital evidence, communications, location data, and expert consultation where appropriate. Disciplined strategy counters emotion-driven narratives with facts, and common sense.

Fraud and theft crimes
Paper trails, digital records, and financial transactions require care. A defense team organizes documents, interviews witnesses, and challenges assumptions about intent. Early involvement of counsel curbs mistakes in handling records or speaking to investigators.

Homicide and serious felonies
When everything is on the line, meticulous preparation is non-negotiable. A trial-focused approach secures experts, investigates alternate theories, and protects constitutional rights from day one.

Record sealing and second chances
If after a criminal case is over, structured follow-up can pave the way to sealing a record under Nevada law when eligible. A forward-looking defense protects both the present case and future opportunities.

The Jesse Kalter Law Difference: Personal Handling, Local Command

Thousands of Northern Nevadans have trusted Jesse Kalter Law when it mattered most. The firm’s core difference is simple and powerful: Jesse Kalter personally handles every case. Clients are not passed off to junior lawyers or paralegals. That commitment drives consistency, speed, and accountability from intake through outcome.

There is a reason many local residents search for a defense lawyer who is truly accessible and ready to work. The firm is known for courtroom presence, attention to detail, and a willingness to try cases when negotiation is not enough. Outcomes reflect that readiness: dismissals, reductions, and not-guilty verdicts in matters ranging from misdemeanors to the most serious felonies.

For readers comparing options, the firm website provides additional background, practice areas, and resources for next steps with a trusted criminal defense lawyer . Clarity and responsiveness set the tone from the first call.

Local Intent, Real Access: Finding Help Fast in Reno and Nearby Communities

Proximity matters when legal emergencies hit. Fast access to counsel helps with in-person meetings, court appearances, and immediate strategy. Residents in Reno, Sparks, Fallon, Fernley, Dayton, Yerington, Storey County, and surrounding rural areas benefit from a defense team that understands local courts and prosecutors.

Those looking for a “criminal defense attorney near me” can confirm location details and directions through the firm’s public listing for practical planning and travel time: criminal defense attorney near me . The aim is straightforward access and a fast start.

A Simple Playbook: What to Do Before and After You Call

Keep communications tight
Avoid discussing the situation with anyone other than legal counsel. Do not post, text, or “set the record straight” online. Private messages get screenshotted; calls get misremembered or twisted around.

Save what helps
Preserve messages, emails, photos, location data, medical records, and contact information for anyone who saw or heard something relevant. A timeline built early is a shield later.

Do not consent without clarity
Searches and device downloads should be reviewed with counsel. The difference between a lawful request and an optional one is not always obvious to a stressed mind. A short pause for legal advice avoids irreversible mistakes. Asserting you will speak to counsel first can never be used against you in a courtroom.

Write a clean timeline
Facts win cases. Dates, times, locations, who was there, what was said, and what happened next – kept simple and factual – speed up defense work and reduce costs.

Collect documents
Bring citations, release paperwork, protective orders, prior records, and any notices from employers, schools, or licensing boards. One organized folder saves hours.

How a Case Moves: From First Contact to Resolution

Intake and triage
A clear conversation defines the immediate risks, next deadlines, and what to do (and not do) today. The defense team identifies the fastest path to control the situation.

Investigation
Counsel reconstructs events with evidence requests, interviews, and preservation letters. Weaknesses in the State’s theory are mapped early.

Pre-file advocacy
When charges have not yet been filed, the defense can present context, legal issues, or exculpatory facts that may change charging decisions or reduce counts.

Arraignment and early motions
If charges are filed, counsel addresses release conditions and begins targeted motions that suppress weak evidence, and allegations, or frame the case for a favorable resolution.

Negotiation and trial readiness
Credibility counts. A defense known for preparation commands better offers. When trial is the right choice, the team is ready. Prosecution knows which defense attorneys are experienced in trial and which are not.

Post-resolution follow-through
Where eligible, counsel advises on record sealing or other relief to limit long-term harm. Protecting tomorrow is part of the job today.

Answers to Common Questions from Northern Nevada Clients

Is calling a lawyer early an admission of guilt?
No. It is a constitutional right and a practical safeguard. Asserting the right to counsel simply ensures that choices are informed and lawful. This can never be used against you in a courtroom.

Will a lawyer make this go away quietly?
No one can promise results. A strong defense improves odds by shaping facts, enforcing rights, and preparing for trial if needed. Quiet wins often come from early, disciplined work.

Is trial always the best option?
Not always. Some cases benefit from negotiation. Others demand a jury trial. The key is honest evaluation and readiness for both paths.

What should family or friends do to help?
Avoid speaking on a client’s behalf to police or posting about the case online. Instead, collect records, contact information, and practical support that helps the client stay organized and stable. If they witnessed or know something relevant to the case, they should write it down and provide it only to your counsel at first.

Can a first offense still lead to serious consequences?
Yes. Even first-time allegations can carry fines, license impacts, protective orders, or jail exposure depending on the case. Early counsel keeps options open.

Why This Matters for Reno: Freedom, Reputation, and Future

Northern Nevada is a place of straight talk and second chances. People work hard for their reputation and families. One bad night, a misunderstanding, or a false accusation should not define a life. A criminal case, however, is not a fair fight without legal help. Investigators, prosecutors, and court schedules move with purpose. A defense must move faster, and be prepared for all twists and turns.

That is the value of early counsel. It is not drama; it is discipline. It reduces pressure, clarifies choices, and builds defenses while others are still forming opinions. It is how a complicated situation becomes manageable – and how the best possible outcome becomes possible at all.

About Jesse Kalter Law

Jesse Kalter Law is one of the leading criminal defense firms in Reno, Nevada, representing clients in DUI, domestic violence, drug offenses, fraud and theft, sexual assault, homicide, and related matters. Jesse Kalter is known for his courtroom presence, attention to detail, and personal case handling of all cases. Serving Reno, Sparks, Fallon, Fernley, Dayton, Yerington, Storey County, and surrounding rural communities, the firm is dedicated to protecting clients’ futures with careful strategy and the readiness to try cases when negotiation falls short.

The firm’s difference is consistent and clear: every case is handled personally by Jesse Kalter. That direct involvement builds trust, speeds up decisions, and keeps strategy aligned from the first call to the last hearing. For people searching locally in the Greater Reno area, that level of involvement and accessibility makes a tangible difference when time is not on their side.

The Bottom Line: Don’t Wait for Charges

Hesitation is costly. The safest move is early representation that protects rights, shapes decisions, and prepares for the legal road ahead. When investigators move, move faster. When questions come, first set answers through counsel. In the Greater Reno area, the practical path is straightforward: call a respected criminal law attorney early, follow disciplined steps, and protect what matters most – freedom, reputation, and future.

Arrested in Reno? How the Right Criminal Lawyer Can Save Your Future

Thu, 07 Aug 2025 20:03:20 GMT

A When you're arrested in Reno, the weight of what comes next can feel crushing. Whether it’s your first charge or part of a larger legal fight, the truth is simple: what happens in the first few days could determine the next few years of your life. Having the right criminal defense attorney near you can make the difference between a second chance and jail time.

Jesse Kalter Law is built for moments like this. A firm rooted in integrity, persistence, and personal attention. It’s not a firm where you’ll be passed off to junior associates. Jesse Kalter is who you consult with. He shows up in court. And he fights like your life depends on it—because it does.

Why You Need the Right Criminal Defense Attorney in the Reno Area

Criminal charges in Nevada can come fast and hit hard. From the moment you're arrested, the legal system starts working against you. You might be facing time in jail, steep fines, or the long shadow of a permanent record. Even if you’re innocent, the system isn’t built to protect your side without help.

That’s why you need a criminal defense attorney in Reno who understands the local courts, the prosecutors, and the laws that apply to your case. Someone who’s not just nearby, but ready to act fast. Jesse Kalter has spent nearly two decades doing just that—defending thousands of Nevadans with precision and passion.

How a Reno Criminal Lawyer Builds a Winning Defense Strategy

Every case is different. Some require negotiation. Others demand an aggressive courtroom defense. Jesse Kalter starts by digging deep—personally interviewing clients, dissecting evidence, and assembling a defense strategy tailored to the unique facts of your case.

What sets him apart? He goes to trial when it matters. While many lawyers push clients to take plea deals just to avoid a trial, Jesse will never back down if a trial is the best path forward. His reputation in court and knowledge of Nevada criminal law is why so many charges under his watch get dismissed, reduced, or end with a not-guilty verdict.

Criminal Charges Handled by One of the Best Defense Attorneys in Reno

At Jesse Kalter Law , clients don’t walk into court alone. The firm has handled everything from misdemeanors to the most serious felonies. These include:

DUI and DWI (Alcohol or Drug-Related)
Whether it’s your first DUI or a repeat offense, a conviction can mean jail time, license suspension, and lasting consequences.
Domestic Battery
Even without physical injury, domestic violence charges carry serious penalties in Nevada and a loss of 2nd amendment rights. Jesse has successfully defended countless clients in trial against false or exaggerated claims.
Drug Charges
From possession to trafficking, drug convictions can come with heavy sentencing. Jesse understands how to challenge the legality of searches and how to negotiate or fight charges in court.
Sexual Assault
These are high-stakes cases with life-altering consequences. Jesse Kalter has defended many clients accused of sex crimes, delivering powerful, fact-based courtroom strategies, and arguments aimed at protecting the accused.
Theft and Fraud
Whether it’s identity theft or embezzlement, these charges require careful review of financial documents and digital evidence.

Homicide and Attempted Murder
Jesse has the experience and resolve to stand up in the toughest cases, where everything is on the line.

Act Fast: Why Hiring a Local Reno Criminal Attorney Matters Now

Time isn’t on your side after an arrest. Evidence disappears. Witness memories fade. Prosecutors build their case quickly—and they don’t wait around. That’s why calling a local Reno criminal attorney as soon as possible is critical.

Jesse Kalter is readily accessible, whenever you’ve been arrested or are calling on behalf of a family member. The earlier you bring in legal support, the more options you’ll have—whether it’s challenging the arrest itself, pushing for a dismissal, or negotiating favorable plea terms.

Real Results from a Top Criminal Defense Lawyer in Reno

At Jesse Kalter Law, results speak louder than promises. Over the years, Jesse has secured:

Hundreds of dismissed and reduced charges
Countless “not guilty” jury verdicts
Successful record sealing and expungement for past clients

He doesn’t just take cases—he builds defenses. That’s what makes him one of the most trusted names in Northern Nevada criminal defense.

Work Directly with a Reno Criminal Defense Attorney Who Fights for You

When you hire Jesse Kalter Law, you're not getting a brand name—you’re getting Jesse himself. From the first consultation to the final courtroom appearance, Jesse handles every part of your case. There are no hand-offs. No excuses. Just personal attention and relentless defense.

Jesse listens. He explains. He stands by you in court. Clients don’t get sold on promises—they get backed up with results.

A Criminal Law Firm Serving Reno and All of Northern Nevada

Jesse Kalter Law serves more than just the Reno metro. Clients come from Sparks, Fallon, Fernley, Dayton, Yerington, Douglas County, and other surrounding areas. Jesse’s knowledge of local court systems across rural Northern Nevada is why people from across the region turn to him when it matters most.

Find Jesse Kalter Law on Google Maps to see where he's located and how quickly you can get legal help.

What’s Your Freedom Worth?®

Being arrested doesn’t mean being convicted. But without the right defense, the system can quickly turn against you. Don’t wait. Don’t gamble. Put your future in the hands of someone who knows how to fight and win.

Contact Jesse Kalter Law today for a confidential case evaluation. Call 775-331-3888 or reach out online . It could be the most important call of your life.

Your First DUI in Nevada: Mistakes to Avoid and Steps to Take Right Now

Thu, 07 Aug 2025 19:53:17 GMT

A first-time DUI arrest in Nevada is often a jarring experience. Most people don’t see it coming. One moment they’re behind the wheel. The next, they’re in handcuffs. Emotions run high. Judgment gets clouded. And the wrong move—during or after the arrest—can make a tough situation worse. That’s why understanding your rights and responsibilities is critical. Jesse Kalter Law, a leading DUI lawyer in Reno , has helped thousands of first-time defendants navigate these charges with clarity and confidence.

This article offers practical, plain-language guidance for anyone in Northern Nevada facing a DUI charge for the first time. It covers what to expect, the most common missteps to avoid, and how to move forward with the strongest possible defense.

What Happens After a DUI Arrest in Nevada?

When a law enforcement officer suspects a driver of being under the influence—whether alcohol, marijuana, controlled substances or prescription medication—they may initiate a traffic stop. If the driver fails a field sobriety test, appears impaired, or registers a Blood Alcohol Content (BAC) of 0.08% or higher on a preliminary breath test, an arrest follows.

For a first DUI offense in Nevada, consequences may include:

Jail time : 2 days to 6 months (or 48-96 hours of community service)
Fines : $400 to $1,000, plus administrative fees
License suspension : 185 days, starting immediately
Mandatory DUI school and a Victim Impact Panel : At your expense
Ignition interlock device (IID) : If ordered by the court or DMV for 185 days
Probation : Common in lieu of jail time

The process moves fast. But that doesn’t mean you should rush your decisions. The steps you take in the first 72 hours can impact the entire outcome of your case.

Mistake #1: Talking Too Much to Police

It’s natural to want to explain what happened. Maybe you only had one drink. Maybe you’re exhausted, not impaired. But after a DUI stop, what you say can—and will—be used against you.

What to remember:

Politely provide your license and registration
You are not required to explain your evening
You can refuse field sobriety tests (but not an evidentiary test after arrest without an automatic revocation of your license for one year)
Once arrested, stop answering questions without a lawyer present except in regards to the evidentiary blood or breath test, if you refuse to comply, your license is revoked regardless of the results.

Anything beyond basic identification invites interpretation—and prosecutors will use every word to build their case. The less you say, the better.

Mistake #2: Missing Your DMV Hearing Deadline

Many people assume the court date is all that matters. It’s not. In Nevada, the Department of Motor Vehicles (DMV) starts the process of suspending your license the moment you fail an evidentiary breath test. You have just 7 days from the date of your arrest to request a hearing to fight that suspension.

Failing to request a hearing means:

Your license will be automatically suspended for 185 days
You’ll be required to pay reinstatement fees
You will have to install an ignition interlock device

If you’ve never dealt with the DMV, navigating this process alone can be overwhelming. That’s why it's important to consult with a DUI attorney who knows how to protect both your criminal and administrative driving rights.

Mistake #3: Assuming You’re Guilty

It’s easy to feel defeated. But being arrested is not the same as being convicted. Plenty of DUI cases in Reno have been dismissed or reduced after investigation revealed:

Improper traffic stops
Faulty or misused breathalyzers
Field sobriety tests performed on uneven or poorly lit ground
BAC test not performed in a timely manner
Alcohol consumed AFTER operating the vehicle (also known as the “last gulp defense”)

The legal team at Jesse Kalter Law evaluates every detail—from dashcam footage to maintenance records on testing equipment. They’ve uncovered mistakes, technical flaws, and oversights that changed the course of a case. Don’t assume you’re out of options. Assume the State has to prove its case beyond a reasonable doubt—and be ready to hold them to that standard.

The Right Way to Respond After a First DUI in Reno

Once the dust settles, here are the steps to take right away:

1. Get Legal Representation

Not just any lawyer—one who focuses primarily on criminal defense and handles DUI cases in Northern Nevada regularly. Jesse Kalter Law does just that. You want someone who understands the local courts, prosecutors, and procedures.

2. Request a DMV Hearing

This is time-sensitive. If your attorney doesn’t handle it for you, make sure it gets done within 7 days of your arrest to avoid having your license suspended if you failed an evidentiary breath test.

3. Document Everything

Write down everything you remember—where you were, when and how much you drank (if at all), what the officer said, and anything unusual about the testing or arrest. Small details can play a big role later.

4. Stay Compliant

Don’t violate any release terms or drive without a valid license. These violations can damage your credibility and create additional charges.

4. Always Tell Jesse if you are a Veteran.

Or are active military as special programs exist to get the case dismissed for our military.

What Makes Jesse Kalter Different?

Many law firms advertise DUI services. Few back it up with action. Jesse Kalter personally handles every case. No handoffs. No bait-and-switch. Every client has access to the lawyer who’s in the courtroom fighting for them.

Why it matters:

Jesse Kalter has defended thousands of DUI cases in Reno and surrounding areas
He doesn’t push plea deals unless they’re truly in the client’s best interest
He’s known for being aggressive in court and strategic in negotiations
He’s truly an experienced trial attorney and prosecutors know this.

When someone’s future is on the line, Jesse treats it like his own. That’s not a slogan—it’s how he’s built his reputation across Northern Nevada.

What Happens If You’re Convicted?

If a conviction is unavoidable, Jesse Kalter works to reduce penalties and protect your future. That might include:

Shorter license suspension
Reduced fines
Alternatives to jaillike house arrest or community service
DUI education courses instead of jail
Keeping his client off probation so as to avoid supervision and further drug and alcohol testing.

In some cases, sealing the record may be an option after a waiting period—especially for first-time offenders who meet all legal obligations.

Long-Term Impact: Why the Right Defense Matters Now

Even a first DUI can follow you long after court. It can impact:

Job opportunities
Housing applications
College admissions
Insurance premiums
Professional licenses

That’s why fast action and skilled representation are key. The legal system in Nevada doesn’t offer second chances automatically. You have to fight for them.

About Jesse Kalter Law

Jesse Kalter Law is one of the leading criminal defense firms in Reno, Nevada. The firm has built its reputation by fighting aggressively for clients charged with DUI, domestic violence, drug offenses, fraud, sex crimes, and even homicide. Jesse Kalter is known for his courtroom presence, his attention to detail, and his commitment to handling every case personally—without passing clients off to assistants or junior lawyers.

Serving Reno, Sparks, Fallon, Fernley, Yerington, Dayton and most surrounding rural counties, Jesse Kalter is readily available to help clients protect their future and their freedom.

Drug Charges in Reno? Know Your Rights Before It’s Too Late

Tue, 17 Jun 2025 16:26:53 GMT

If you're facing drug charges in Northern Nevada, what happens next could define the rest of your life. Before saying a word to police—or even considering a plea—understand this: many drug arrests are built on unlawful searches . Knowing your rights under Nevada law can change the entire outcome. And the best place to start is with an experienced drug crime defense lawyer who knows what police can—and can’t—legally do.

Drug possession. Trafficking. Even paraphernalia. These cases can fall apart when law enforcement fails to follow the Fourth Amendment. Jesse Kalter Law has exposed these violations and had countless cases thrown out because of them. That’s not luck. That’s legal strategy, backed by tenacity and experience in Reno's courtrooms.

How Nevada Drug Charges Begin—and Why the Details Matter

Drug cases usually start the same way: a traffic stop, a house search, or a street encounter. Then comes the search. Maybe the officer claims they "smelled" something. Maybe they asked to take a look. Maybe they just went ahead and searched without consent.

Here’s the catch: under the Fourth Amendment, every search must be reasonable. If it's not backed by probable cause, a warrant, or clear consent, the search—and everything found because of it—can often be challenged and suppressed.

That’s critical, because the penalties for drug charges in Reno are serious:

Simple possession of meth, heroin, cocaine, or other Schedule I/II substances can result in 1 to 4 years in prison for a first offense.
Possession with intent to sell or trafficking can escalate quickly to lengthy prison sentences .
Prescription fraud , paraphernalia , or even doctor shopping charges carry both jail time and long-term damage to your record.

Without the right legal defense, people risk pleading guilty to charges that should never have stuck in the first place.

Illegal Search and Seizure: The Hidden Defense in Drug Cases

Police know most people don’t fully understand their rights. That’s why unlawful searches still happen every day. And that’s where a strong legal defense begins—by challenging how the evidence was obtained.

Common illegal search scenarios include:

Traffic stops without cause : If you were pulled over without a clear traffic violation, any evidence collected could be inadmissible.
Consent-based searches : If you didn’t give consent or were coerced into allowing a search, that’s grounds for suppression.
Warrant issues : Many warrants are improperly executed or issued without probable cause.
“Plain smell” justification : Claiming to smell marijuana or other substances has become a gray area in courts—and often gets challenged.

When Jesse Kalter takes on a drug case, the first move is forensic: break down the stop, the arrest, and the search procedure by the book. If there’s a hole in the government’s case, that’s where the defense starts building leverage.

Visit Jesse Kalter Law online to schedule a consultation or learn more about the types of illegal searches that lead to cases getting dismissed in Nevada.

The Fourth Amendment: A Drug Defense Lawyer’s Sharpest Tool

The U.S. Constitution is not a suggestion—it’s a boundary the state must respect. The Fourth Amendment protects citizens from “unreasonable government searches and seizures,” which means law enforcement must operate within strict legal standards. In Nevada, any drug arrest that violates this right is vulnerable in court.

A drug defense lawyer skilled in constitutional law knows how to argue:

Motion to suppress evidence : If the search was illegal, evidence like drugs, paraphernalia, or even statements can be excluded.
Chain of custody issues : Even valid searches can fall apart if the evidence isn’t handled properly.
Lack of probable cause : Without clear justification, the entire stop or search may be unlawful.

This is not just legal theory. These are winning strategies—used by Jesse Kalter in real Reno courtrooms, leading to dropped charges and acquittals.

The truth is, police rely on rushed confessions and quick pleas. A confident, experienced defense attorney forces them to play fair—and that’s often when their case collapses.

Types of Drug Charges Jesse Kalter Law Defends in Reno

Drug charges aren’t all the same. Each has its own defenses, risks, and courtroom challenges. Jesse Kalter Law provides a full-spectrum legal defense for:

Simple possession (meth, heroin, cocaine, ecstasy, etc.)
Possession with intent to sell
Drug trafficking
Marijuana DUI
Prescription drug violations
Paraphernalia charges
Doctor shopping
Possession of dangerous drugs without prescription

Each charge carries unique elements the prosecution must prove. For instance, proving intent to sell often hinges on how the drugs were packaged or stored. But if that evidence came from an unlawful search? It may never reach a jury.

Find Jesse Kalter Law on Google Maps and schedule a confidential consultation to understand the specific defense available in your case.

Why Locals in Reno Choose Jesse Kalter Law

In drug cases, the smallest detail can shift the entire outcome. A missed filing deadline, an unchallenged search, or a rushed plea deal can lock someone into a future they didn’t deserve. That’s why so many people in Reno, Sparks, Fallon, Fernley, Dayton, Kerington, and the surrounding Northern Nevada communities turn to Jesse Kalter.

Here’s what makes this defense firm different:

1. Every Case Is Handled Personally
There’s no hand-off to junior lawyers or office staff. Jesse Kalter personally manages every detail of every case, from pre-trial motions to jury trial.

2. Unmatched Trial Experience
Many drug cases don’t make it to trial—but the ones that do require someone who knows how to win in front of a jury. Jesse has countless successful defenses and acquittals under his belt.

3. Deep Knowledge of Nevada Drug Law
From sentencing enhancements to diversion programs, Jesse understands every legal angle. He fights for dismissals first—but always has a courtroom strategy prepared.

What to Do During a Drug Arrest in Reno

If you or someone you know has been arrested for a drug crime in the Reno area, there are a few critical steps to take:

1. Don’t Speak to Police
Invoke your right to remain silent. Politely, firmly decline to answer questions until your lawyer is present.

2. Do Not Consent to Searches
If police ask to search your vehicle, home, or belongings, say no. Any consent you give can damage your defense later—even if it feels forced.

3. Contact a Criminal Defense Lawyer Immediately
Time matters. The sooner Jesse Kalter can begin reviewing your arrest and building your defense, the better the chances of a successful outcome.

Final Thoughts: What’s Your Freedom Worth?®

Drug charges in Reno can feel like a tidal wave—quick, overwhelming, and inescapable. But Nevada law offers protections, and a skilled legal defense can shift the power back to where it belongs.

Jesse Kalter has spent 2 decades fighting for people facing some of the toughest accusations under Nevada’s criminal code. Whether it’s suppressing evidence from an illegal search or dismantling the prosecution’s case point by point, this is the kind of legal defense people count on when their future is on the line.

Contact Jesse Kalter Law today for a confidential consultation. Because one bad moment shouldn’t cost a lifetime of freedom.

Jesse Kalter Drug Crimes Attorney Call 775-406-2208

What’s your freedom worth?®

Record Sealing in Northern Nevada & Reno: When and How to Clear Your Criminal Past

Tue, 17 Jun 2025 16:16:10 GMT

A criminal record doesn’t have to follow someone for the rest of their life. In Northern Nevada, individuals who’ve served their time or were wrongly accused have the opportunity to seal their criminal records —permanently. This legal process can unlock basic civil rights, improve job opportunities, and offer a much-needed fresh start. But navigating record sealing in Reno or anywhere across Northern Nevada isn’t something to do alone. The guidance of a trusted expungement attorney near you can be the difference between frustration and true freedom.

Why Sealing a Criminal Record in Nevada Matters

Most people don’t realize the full scope of consequences tied to a criminal record. Even after a case is closed—whether it’s a misdemeanor or a felony—the long-term impact remains. From job applications to background checks for housing, old charges can cast a long shadow.

In Nevada, record sealing offers a second chance. Once a record is sealed:

It becomes invisible to most background checks.
The individual is legally allowed to say the entire case never occurred.
Rights lost after conviction—such as voting or serving on a jury—can be restored.

Whether someone’s case was dismissed, they were found not guilty, or they served their sentence and waited the required time, sealing the record helps prevent a lifetime of punishment for a past mistake.

But the process isn’t simple. It involves affidavits, court petitions, timelines, and meticulous documentation. Missing one step can lead to delays—or outright denial.

That’s why hiring an experienced Reno criminal defense attorney like Jesse Kalter isn’t just helpful—it’s critical.

Who Is Eligible to Have a Criminal Record Sealed in Nevada?

Nevada law allows for record sealing in a broad range of situations, but eligibility is determined by specific criteria:

1. Charges Dismissed or Acquitted:
If a person was arrested but the case was dismissed or they were found not guilty, they can immediately apply to seal their record. No waiting period applies—sealing is possible as soon as the case is closed.

2. Completed Sentence + Waiting Period:
For convictions, the state enforces strict waiting periods before sealing becomes an option. These timelines begin after all terms of the sentence—jail time, probation, parole—are completed.

Nevada’s Required Waiting Periods for Record Sealing:

Category A Felony – 10 years
Category B, C, or D Felony – 5 years
Category E Felony – 2 years
Gross Misdemeanor – 2 years
Standard Misdemeanor – 1 year
Misdemeanor DUI or Domestic Violence – 7 years
Arrest without Conviction – Immediately upon dismissal or acquittal

Each case must also be clear of any new criminal activity. If someone has pending charges or has reoffended, the clock resets—and eligibility is lost until the new timeline is met.

What Rights Can Be Restored by Sealing Your Record?

Sealing a record doesn’t just clear someone’s name—it restores core rights that are otherwise lost after certain convictions. That includes:

✅ The Right to Vote and Serve on a Jury:
Felony convictions remove the right to vote and participate in jury service. Sealing a criminal record can restore both, allowing full reengagement with civic life.

✅ The Right to Hold Public Office:
Those with sealed records can typically run for or hold public positions again, depending on the nature of the offense.

✅ The Right to Privacy in Employment and Housing:
Once a record is sealed, most employers and landlords won’t see the charge. In job interviews or housing applications, a person is no longer legally required to disclose a sealed record. It’s as if the offense never happened.

That change is life-altering. A sealed record levels the playing field and puts the past where it belongs—in the past.

Why Doing It Alone Is a Mistake

Some people assume they can file for record sealing on their own—and technically, they can. Nevada allows self-representation in these matters. But the process is filled with potential pitfalls:

Content regarding the case to be sealed must be filled out exactly right.
Copies must be distributed to all appropriate agencies.
Deadlines must be met.
Any error or omission can result in delays—or worse, denial.

When someone’s future is on the line, they need more than a stack of PDFs and hope. They need a strategist. A seasoned legal ally. Someone who knows the system from the inside.

That’s where Jesse Kalter Law comes in.

Why Locals Trust Jesse Kalter to Seal Criminal Records in Northern Nevada

Jesse Kalter isn’t a name on a door or a voice that disappears after intake. He’s the person showing up to court, planning your legal strategy, and taking your calls. Every client receives his personal attention.

And when it comes to sealing criminal records, that level of commitment makes all the difference.

With 2 decades experience in Reno and the surrounding areas—Sparks, Fallon, Fernley, Yerington, Dayton—Jesse has successfully sealed hundreds of records. He understands both the law and the lives at stake.

He’s also aggressive. Judges and prosecutors know his name because they’ve seen his determination in court. His tenacity often means better outcomes, faster turnarounds, and fewer headaches for clients.

Whether someone is trying to restore their rights, erase a past drug charge, or finally move on from an old mistake, Jesse knows the law—and fights to use it in their favor.

Record Sealing FAQs in Nevada

Can I seal a record for a DUI or domestic violence charge?
Yes, but the waiting period is longer—7 years from the completion of the sentence.

Is sealing the same as expungement?
Nevada technically doesn’t offer “expungement.” Instead, the state allows for sealing, which limits access to the record. The result is functionally similar to expungement in many other states.

Can federal charges be sealed?
Record sealing in Nevada only applies to state-level offenses. Federal charges fall under a separate legal framework.

How long does the sealing process take?
Depending on the complexity, record sealing can take 6–12 months or longer. An experienced attorney can help streamline this process and reduce delays.

What if I have more than one offense?
Multiple offenses can be sealed, but each has its own eligibility criteria. Jesse Kalter evaluates the full history and builds a strategy that maximizes what can be sealed and when.

Start Your Future Now: Contact a Reno Expungement Lawyer Today

Clearing a criminal record is one of the most powerful steps someone can take toward rebuilding their life. It opens doors that once felt closed forever and brings peace of mind after years of uncertainty.

But record sealing isn’t automatic. It takes strategy, knowledge, and relentless advocacy.

That’s what Jesse Kalter Law delivers—personal legal guidance backed by courtroom grit and unmatched dedication to Northern Nevada’s residents.

Contact Jesse Kalter today for a confidential consultation and find out if your record qualifies for sealing. Whether in Reno, Sparks, or any surrounding rural counties, the right to move forward starts now. If reinstating your 2nd amendment gun rights is your goal, Jesse Kalter can also help you obtain a state pardon with restoration of gun rights.

CLICK HERE to schedule a case evaluation or call 775-331-3888.

What’s your freedom worth?®

Domestic Battery Charges in Nevada: Facts That Could Save Your Future

Wed, 23 Apr 2025 21:57:33 GMT

A domestic battery charge in Nevada is more than a misunderstanding—it’s a criminal allegation that carries the potential to derail your freedom, career, family life, and gun rights. Even if no injuries are present and even if the alleged victim doesn’t wish to press charges, the case can still move forward under Nevada law. This is not a situation to take lightly. An experienced domestic battery lawyer in Reno may be the only person standing between you and a life-changing conviction.

Understanding Domestic Battery Laws in Nevada

Nevada’s domestic violence laws are strict and unapologetically aggressive. Under state law, any unwanted physical contact between spouses, romantic partners (past or present), certain family members or cohabitants may constitute domestic battery. And "physical contact" doesn’t mean a black eye—it can be as minor as grabbing someone’s arm or throwing a household object in their direction.

What Qualifies as Domestic Battery?

Nevada defines battery as “any willful and unlawful use of force or violence upon the person of another.” When that act is committed against someone with whom the accused shares a domestic relationship, it becomes domestic battery.

Actions that qualify include:

Pushing or shoving during an argument
Slapping or hitting, regardless of intent or injury
Grabbing, choking, or restraining someone
Throwing objects
Blocking someone’s exit during a heated exchange

Battery Without Injury

Even if there is no visible injury, a person can still be charged and convicted. That’s one of the most misunderstood aspects of domestic battery cases in Nevada. No bruises, no scratches—still a crime.

In some cases, the charge may escalate to a felony, especially when it involves:

Strangulation
Use of a deadly weapon
Substantial bodily harm
Repeat offenses

It doesn’t take much for a heated argument to be reinterpreted by police as criminal conduct. And once the charge is filed, the prosecution often presses forward regardless of what the alleged victim wants.

What Happens After a Domestic Battery Arrest in Reno?

Being arrested for domestic battery in Reno often starts with a 911 call during a dispute. Law enforcement is trained to prioritize caution, which frequently means removing someone from the home—even if the facts are unclear. The accused primary agressor is then taken into custody and typically held for 12 to 24 hours before bail is even considered.

What often follows includes:

A protective order (often banning any contact with the alleged victim)
Mandatory court hearings
The possibility of criminal prosecution, even without cooperation from the accuser

A single accusation can lead to weeks or months of legal battles, restricted parental rights, job loss, and reputational damage. And if convicted?

Penalties for First Offense Misdemeanor Domestic Battery Include:

2 days to 6 months in jail
Fines of $200 to $1,000
Mandatory community service (48 to 120 hours)
Domestic violence counseling (1.5 hours per week for six months)
Loss of gun rights

Penalties escalate for:

A second offense within 7 years
A third offense (considered a felony)
Cases involving strangulation, weapons, or serious injury

There is no room for delay or missteps in handling these charges.

Why Prosecutors Push Domestic Battery Cases—Even Without Victim Cooperation

Many people are surprised to learn that a domestic battery case in Nevada can move forward without the alleged victim’s participation or cooperation. Once the police file a report and charges are initiated, the prosecution belongs to the State of Nevada—not the individuals involved.

Prosecutors can and will pursue a conviction based on:

Officer observations and body cameras
Photographic evidence
911 call recordings
Witness testimony
Medical reports

Even if the alleged victim later retracts their statement or refuses to testify, the case may still proceed. In many cases, this leads to unjust outcomes —individuals convicted of a serious offense without a full, fair exploration of the facts.

This is why immediate legal representation is crucial. A skilled attorney knows how to challenge the prosecution’s evidence, present alternative narratives, and protect your rights before they are taken away.

Jesse Kalter Law: Personal Representation from a Proven Defense Attorney

When everything is on the line, hiring the right attorney is not a luxury—it’s a necessity. Jesse Kalter Law offers a rare advantage: every case is handled directly by Jesse himself. There are no handoffs to junior lawyers or unfamiliar faces in the courtroom. Clients know who will show up, who will listen, and who will fight for them.

Explore more about Jesse Kalter’s criminal defense services

Why Clients Across Northern Nevada Trust Jesse Kalter:

Thousands of cases defended across Reno, Sparks, Fallon, Fernley, Carson City, and beyond
A reputation for getting charges reduced or dismissed
Experience with jury trials, complex evidence, and cross-examination
Excellent accessibility and communication
Deep familiarity with local prosecutors, judges, and pr ocedures

Whether the goal is case dismissal, pre-trial diversion, reduced charges or penalties, or full acquittal—Jesse Kalter has the courtroom skill and strategic mind to make it happen.

Domestic battery defense isn’t about playing defense—it’s about building a strong, smart offense.

Building a Strong Defense Against Domestic Battery Accusations

A domestic battery charge can feel overwhelming—but that doesn’t mean it can’t be challenged. Every case is different, and a one-size-fits-all approach is a disservice to the truth.

Common Defense Strategies Include:

Self-defense : If force was used in response to a real threat, the law allows it.
False allegations : Emotions run high in domestic conflicts. Sometimes accusations are exaggerated or made out of anger or revenge.
Lack of evidence : Without physical proof, third-party witnesses, or admissions, the State may not have a solid case.
Procedural errors : If law enforcement violated rights during an arrest or investigation, the case can be dismissed.

Jesse Kalter investigates every angle—reviewing bodycam footage, interviewing witnesses, analyzing the alleged victim’s statements, and testing the validity of police reports. No detail is too small when your freedom is at stake.

What You Should Do Right After Being Charged

Every moment counts after a domestic battery arrest. How you respond can either protect your future or put it at greater risk.

Here’s what to do:

Say nothing to the police beyond identifying yourself.
Do not violate any protective order —even if the other party reaches out to reconcile.
Avoid social media , texting, or calling the alleged victim.
Contact a criminal defense attorney immediately.
Collect your own timeline and evidence of events, including photographing your own injuries.
Demand a jury trial —Nevada provides a jury trial upon demand even for a misdemeanor domestic

Reno courts move fast. Missing a court date or attempting to handle things alone often results in avoidable convictions or harsher penalties. Jesse Kalter ensures that every aspect of your case is managed with urgency, precision, and total focus. Once you hire Jesse, your stressful situation will become his priority.

Final Thoughts: What’s Your Freedom Worth?

Being accused of domestic battery doesn’t make someone guilty—but it does put everything at risk. Freedom, family, employment, reputation, gun rights—these are the stakes. In the greater Reno area, the justice system is aggressive, but so is Jesse Kalter Law.

A strong legal advocate levels the playing field. Jesse’s personal involvement in every case, his courtroom and trial experience, and his strategic mind make him a trusted name across Northern Nevada. Whether you're facing your first charge or fighting for a second chance, Jesse Kalter is ready to protect what matters most.

Don't wait. Don’t guess. The future is too important.

Call 775-331-3888 or request a confidential consultation online today.

DUI in Reno? What You Need to Know to Protect Your Rights Today

Wed, 23 Apr 2025 21:43:15 GMT

Driving under the influence in Nevada isn’t just a traffic violation—it’s a criminal offense that could turn your life upside down. A DUI charge in Reno can bring more than just fines; it can jeopardize your license, your job, your freedom, and your future. The good news? You don’t have to face it alone. A local DUI attorney with real courtroom experience can make the difference between jail time and a second chance.

What Qualifies as a DUI in Reno?

DUI laws in Nevada are stricter than many people realize. The legal threshold is a Blood Alcohol Concentration (BAC) of .08% , but the law doesn’t stop there. If a driver appears impaired—regardless of BAC—or tests positive for drugs, including marijuana or prescription medication, they can be charged with a DUI. It doesn't even require actual driving. Sitting behind the wheel with the keys in the ignition is enough to count as "being in control of a vehicle" under state law.

This broad definition means that thousands of Nevadans are caught off guard, arrested for DUI even when they thought they were playing it safe. A few drinks at dinner or using prescribed medication shouldn't cost you your future—but in Reno, it might if you’re not careful.

Penalties for DUI in Nevada: What’s Really at Stake?

Facing a DUI charge in Reno isn’t just inconvenient—it’s a legal emergency. Nevada’s penalties for DUI are among the toughest in the country, especially for repeat offenders. The fallout from a conviction can follow someone for years, if not decades.

First Offense DUI (Misdemeanor):

Minimum 2 days to 6 months in jail
Fines between $400 and $1,000
License suspension for 185 days
DUI school or substance abuse treatment
Installation of an ignition interlock device (IID)

Second Offense (within 7 years):

20 days to 6 months in jail
Up to $1,000 in fines
1-year license suspension
Mandatory treatment program
Required IID for up to 1 year

Third Offense (within 7 years):

Now classified as a felony
1 to 6 years in Nevada State Prison
$2,000 to $5,000 in fines
3-year license suspension
Extended IID requirement

And if an accident causes injury or death? The charge becomes a felony DUI with mandatory prison time, and up to 20 years in prison.

Even without prison, the collateral consequences can be devastating:

Loss of professional licenses
Background check flags for future employment
Increased insurance rates
Public embarrassment and damaged reputation

Why Hiring a Local DUI Defense Attorney Is Non-Negotiable

A DUI charge isn’t something to gamble with. Prosecutors will not go easy, and pleading guilty without exploring your options can lead to the worst-case scenario. That’s where a seasoned defense attorney like Jesse Kalter comes in.

Learn more about Jesse Kalter’s DUI Attorney & criminal defense services here.

Jesse Kalter Law doesn’t pass cases to junior associates or overloaded public defenders. Jesse personally handles each case, diving into the details that others might miss—issues like improperly calibrated breathalyzers , unlawful traffic stops , and violations of your constitutional rights . These can be the keys to getting charges dismissed, reduced, or winning a not-guilty verdict.

Jesse’s strategic, aggressive approach has secured hundreds of favorable outcomes for clients across Northern Nevada, from license reinstatements to full acquittals .

DUI Arrests Aren’t All the Same: Alcohol, Marijuana, Prescription Drugs

Not all DUIs stem from alcohol. Nevada treats marijuana and prescription drugs with equal severity under DUI law.

Alcohol DUIs usually involve BAC testing with breathalyzers or blood samples. But even if your BAC is under the legal limit, erratic driving or failing a field sobriety test can still result in arrest for DUI.

Marijuana DUIs are on the rise as recreational use has become more common. But the presence of THC in your system doesn’t always equal impairment. This is where scientific evidence and expert testimony play a critical role in the defense strategy.

Prescription medication DUIs are the most misunderstood. Many people are arrested after taking medications legally prescribed to them. Drowsiness or dizziness can mimic intoxication and lead officers to assume the worst. But if you were following your doctor’s orders, and are not impaired, the law provides room for defense.

Jesse Kalter has worked with toxicologists, medical experts, and former law enforcement professionals to challenge the prosecution's version of events. These are the details that can mean the difference between conviction and exoneration.

What to Do Immediately After a DUI Arrest in Reno & Northern Nevada

The hours following a DUI arrest are crucial. Every move matters—from what you say to law enforcement to how soon you contact legal counsel.

Do this immediately:

Remain silent. Politely decline to answer questions during a DUI stop.
Don’t be naive. Do not rely on advice from officers or assume cooperation guarantees leniency.
Refuse field sobriety tests. You are not obligated to do these.
Evidentiary Test. You can refuse but it will be an automatic 1 year loss of your license and cops will still apply for a warrant to take your blood.
Contact a criminal defense attorney. The earlier you act, the more options you’ll have for building a solid defense.

Waiting too long can close the door on critical evidence, like surveillance footage or witness testimony that might prove your innocence. Jesse Kalter acts fast to secure and protect your rights from the first consultation.

Local Insight Matters: Why Reno Clients Trust Jesse Kalter

Northern Nevada isn’t just where Jesse Kalter practices law—it’s home. With nearly two decades of experience serving Reno, Sparks, Fallon, Fernley, Carson City, Yerington, and surrounding areas, Jesse brings a deep understanding of local judges, prosecutors, and law enforcement patterns .

That insight allows him to tailor each defense strategy for the courtroom, not just the law book.

Clients across the region trust Jesse because:

He is accessible and communicates
He never hands off your case to someone else
He shows up to every court appearance himself
He crafts custom defense plans with real courtroom knowledge

Whether it’s fighting for a reduced charge, challenging field sobriety tests, or even taking a case to jury trial, Jesse Kalter goes all the way.

The Jesse Kalter Law Advantage

When your future is on the line, don’t settle for cookie-cutter representation. Jesse Kalter Law is known across Nevada for its tenacity, results, and client commitment.

Why choose Jesse Kalter:

Proven Track Record : Thousands of successful DUI and other criminal defense cases resolved
Unmatched Personal Attention : Jesse works every case himself
Deep Legal Knowledge : Cross-disciplinary expertise in felony, misdemeanor, and personal injury law
Trusted by Nevadans : Strong reputation throughout Reno and beyond

Clients aren’t just case numbers. They’re individuals with families, careers, and lives worth protecting.

Final Thoughts: Protect Your Freedom, Protect Your Future

Being arrested for DUI in Reno doesn’t have to define your life. The right legal defense can stop a mistake from becoming a massive problem. Don’t leave your future to chance—or to someone who won’t fight like it matters.

Every DUI case is unique, and every client deserves a powerful, personalized defense. From first-time offenses to complex felony DUIs, Jesse Kalter is the advocate who shows up, fights hard, and never quits.

Contact Jesse Kalter Law today for a confidential consultation. Because your freedom isn’t just important—it’s everything.

What’s Your Freedom Worth?®

Drinking Alcohol and Taking Medication Can End in a DUI

Sun, 17 Dec 2023 01:49:00 GMT

Drinking Alcohol and Taking Medication Can Severely Impair Your Judgment

Whether the medication is prescribed by a doctor or you are experimenting with illicit medication, drinking alcohol and taking medication can end in severe consequences. Depending on age and gender, alcohol can have differing effects on a person. Some effects can be short-term, such as blurred vision, slurred speech, and poor coordination. Other effects can be long-term, such as kidney disease, liver disease, or cancer.

According to the National Institute on Alcohol Abuse and Alcoholism , when a person takes medication and drinks alcohol, the short and long-term effects can be very dangerous. Combined, it can reduce the effectiveness of the medication, turn the medication toxic, cause new symptoms, make a person ill, or someone might feel even tipsier from the alcohol.

This increased tipsy feeling can further erode a person’s judgment and motor control. This combination could result in getting behind the wheel of a vehicle and ending in a DUI, vehicular manslaughter, or even death. That’s why it is highly advised to discuss alcohol consumption with a doctor when they are prescribing medication. In many cases, they will advise against drinking alcohol and taking medication.

Avoid Drinking Alcohol When Taking These Medications

Pain Medication

Generally, doctors prescribe opioids, such as oxycontin or hydrocodone, for pain. When alcohol is combined with these types of medication, it can cause life-threatening drowsiness and make it difficult to breathe. Over-the-counter pain relievers, such as Advil, Tylenol, and Motrin, can increase the risk of stomach ulcers and bleeding in the stomach. Liver damage can also occur when someone drinks too much alcohol while taking these medications.

Anxiety Medication

Medications like Ambien and Xanax have a similar effect on the brain as alcohol. Drinking alcohol and taking these medications can cause extreme drowsiness and slowed breathing. Getting behind the wheel of a vehicle when mixing alcohol and these medications has a very high chance of a crash or being pulled over for a DUI.

Antidepressants and Antipsychotics

There are several different kinds of antidepressants that can be prescribed. Each one has varying degrees of danger when mixed with alcohol. Amitriptyline can cause extreme dizziness and blackouts when mixed with alcohol. While Zoloft can create a feeling of worsened depression when ingested with alcohol. Other side effects include issues with movement, liver damage, and serious heart effects.

ADHD Medication

This type of medication includes Adderall and Ritalin. When either of these medications is mixed with alcohol, they can cause side effects such as dizziness, drowsiness, impaired concentration, and heart issues.

Antibiotics

Most antibiotics can cause side effects, such as nausea, vomiting, and diarrhea. When a person drinks alcohol while on an antibiotic, it can worsen these side effects. In some cases, it can lead to heart issues or long-term liver damage.

Blood Pressure Medication

Drinking alcohol regularly raises your blood pressure and makes it harder for these kinds of medications to work effectively. Combining alcohol with blood pressure medication can raise the risk of dizziness, fainting, drowsiness, and heart arrhythmia.

Over-the-Counter Cold and Flu Medication

While there are no listed interactions with alcohol for medications like Sudafed and Mucinex, it is not a good idea to drink alcohol while taking them. Alcohol weakens the immune system and can extend the length of a person’s recovery. Other medication, like Nyquil, causes drowsiness and dizziness, and combining them with alcohol can worsen these effects.

Jesse Kalter Law Can Help with a DUI as a Result of Drinking Alcohol and/or Taking Medication

As a good rule of thumb, people should never drink alcohol and take medication of any kind simultaneously. Medication has been tested and verified to work effectively on sober individuals. However, not everyone is aware of the adverse effects of mixing alcohol and medications. This lack of knowledge can result in being arrested for a DUI or worse. If this does happen, Jesse Kalter Law has the experience and knowledge to achieve the best possible outcome. They have defended against countless DUI charges and earned several not-guilty verdicts, or had cases dismissed or reduced. They are available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Drinking Alcohol and Mixing Medication Doesn’t Have to End in Jail Time.
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Drinking Alcohol and Taking Medication Can End in a DUI appeared first on Jesse Kalter Law .

Tips for Breaking Up Amicably When You Live Together

Sat, 09 Dec 2023 01:48:00 GMT

Breaking Up Amicably When You Live Together Can be Tough

Not every romantic relationship is destined to achieve “happily ever after.” Perhaps one person has cheated on the other, or they are treating the other poorly, or outright ignoring their partner. In other instances, the “spark” that made the relationship exciting is no longer there. Whatever the reason, one, or both, people in the relationship have decided to end it. Breaking up amicably is ideal but doesn’t always happen.

While breaking up can be tough for some couples, it is especially tough for couples that have been living together for an extended period of time. Breaking up amicably may be difficult to achieve. The person being dumped can feel especially hurt and betrayed by the situation. These feelings could escalate and potentially turn towards anger or even domestic violence. To avoid open resentment and a potentially dangerous situation, try implementing some of the following tips.

Positive Steps for Breaking up Amicably with a Live-in Partner

1. End the Relationship in Person

Taking the time to physically be present when you break up with a live-in partner is essential. It shows that the relationship was important. If a breakup happens over the phone, or through text, this can create confusion and extreme hurt. This could also lead to a very unpleasant situation when it is time for one person to gather their belongings and move out.

2. Be Honest About Feelings and Clear About the Reasons for the Breakup

Being honest can be difficult when breaking up amicably with a live-in partner, but it is necessary. Explain why the breakup is happening and be clear about the reasons. Avoid blaming the person that is being dumped but let them know how the relationship was unfulfilling. Don’t be vague. Be specific. This will help keep confusion to a minimum.

3. Listen to the Other Person

The person being dumped will, understandably, be very upset about what is happening, especially if they have no idea how the other person has been feeling. Be sure to give them an open forum to vent their anger and answer any questions as honestly as possible. It is also a good idea to let them know how the relationship, or lack of relationship, will be upheld moving forward.

Things to Avoid When Breaking Up with a Live-in Partner

1. Avoid Breaking Up in Public

Emotions will run high when it is time to break up with someone. Doing it in public will not keep them from getting upset or freaking out. They deserve to be upset and breaking up with them at home will give them the opportunity to experience an honest emotional reaction without embarrassing themselves or anyone else.

2. Don’t Offer False Hope

If the relationship is to end amicably, don’t leave the door open for a possible reconciliation. When a relationship needs to end, it is better not to be left open-ended. Don’t attempt to be their friend after the fact. Don’t try to make them feel better, and never engage in breakup sex. Any of these could leave a person confused about the breakup which could lead to anger and potentially domestic violence.

3. Don’t Devalue the Other Person

Up until this point, the relationship has been important to everyone involved. It’s important to show appreciation and highlight the good qualities of the person being dumped. Pointing out that they are funny, kind, or honest can help soften the emotions associated with the breakup.

Jesse Kalter Law is Ready to Help in the Event the Situation Turns to Domestic Violence

Not every breakup is amicable or goes according to plan. Tempers flare and people can make mistakes. Nobody plans for domestic violence, but if it has occurred, it is highly recommended to seek out an experienced domestic violence lawyer. Jesse Kalter Law has represented countless people charged with domestic violence. Their tenacious pursuit of justice has earned several “not-guilty” verdicts or had cases thrown out completely. They are available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Did An Amicable Breakup Turn into Domestic Violence?
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips for Breaking Up Amicably When You Live Together appeared first on Jesse Kalter Law .

How to Enjoy Summer Fun Without Getting a DUI

Wed, 24 May 2023 20:50:00 GMT

Enjoy Nevada’s Outdoor Adventures Even More by Staying Hydrated

Pandemic restrictions have been lifted across the State just as summer is getting into full swing. Many tourists will be enjoying the local casinos, but many of the locals will be enjoying the outdoors. Off-roading, hiking, biking, fishing, and horseback riding are just a few of the outdoor activities the people of Reno, Sparks, and the surrounding area enjoy. Summer temperatures are hot, so staying hydrated is essential to enjoying these kinds of activities.

5 Tips for Staying Hydrated in the Nevada Heat

1. Drink Lots of Water

There is no specific formula for how much water a person should drink. Factors like medications and diseases can limit the amount of water a person needs. As a rule of thumb, doctors recommend that women should drink approximately 2.7 liters of water each day while men should average 3.7 liters of water. You can also take your total body weight, divide it by two, and that is how many ounces of water a person should consume daily. It should be more if you are exercising or enjoying the outdoors.

2. Eat High Water Content Foods

Fruits and veggies like watermelon, cantaloupe, peaches, lettuce, tomato, and cucumber can help people get more fluids. Oats mixed with water or milk are another good source of water content-rich foods.

3. Replenish While Sweating

All Nevada outdoor activities will get people sweating, especially during the summer months. Average sweat rates can vary from 0.5 liters an hour to more than 2.5 liters an hour. SportmedBC recommends drinking 450-650 ml of water or sports drink 1 to 3 hours before exercise. Drink 200-350 ml every 15-20 minutes during the exercise. Drink 500-1000ml within 1 hour, post-exercise.

4. Cool Down

Staying hydrated is also about regulating body temperature. Wearing light clothes, hats, and sunglasses all work towards keeping people cooler in the summer. Try to schedule your outdoor activities in the early morning or late evening and be sure to take lots of breaks for water.

5. Know the Signs of Dehydration

The following are all signs of dehydration:

If any of these symptoms are identified, stop and drink some water. Misting the face and body with water will also help cool someone down.

Drinking Alcohol, Smoking Marijuana, and Staying Hydrated

For many people drinking alcohol or smoking marijuana is an enjoyable accompaniment for a lot of outdoor activities. For them, staying hydrated is essential, even more so than those who don’t drink alcohol or smoke marijuana. Both intoxicants can have adverse effects if a person doesn’t drink enough water. Couple this with the Nevada heat and many people can be at risk for heatstroke, potentially resulting in unconsciousness, shock or organ failure .

The combined effect of drinking alcohol or smoking marijuana and the outdoor heat can also leave people feeling sluggish and delay their reaction time. This is not the time to get behind the wheel of a car or truck. Taking the time to sober up either by sleeping, eating, or hydrating is ideal before driving home.

Jesse Kalter is Available if the Summer Fun has Ended Due to a Run in With the Law

No one plans for a good time in the summer sun to end with a run-in with the law. However, if someone gets behind the wheel of a vehicle and they’ve had too much to drink or smoked marijuana, then a DUI is a very real possibility. The penalties of a DUI conviction can stay with someone long after they’ve paid their fine or served their time. It can keep them from getting a job or renting a home. Jesse Kalter has defended against thousands of DUI charges . Their experience in DUI law has gotten countless charges reduced and had other cases completely dismissed. They are available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Don’t Let a DUI Affect the Rest of Your Life.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Them Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post How to Enjoy Summer Fun Without Getting a DUI appeared first on Jesse Kalter Law .

Biden’s and Nevada’s Decree on Marijuana Possession

Tue, 28 Feb 2023 18:18:00 GMT

Biden and Nevada Have Both Pardoned Marijuana Possession Convictions Up to One Ounce

President Biden Made History on October 6, 2022

This past October, President Biden pardoned every person who had been convicted of simple marijuana possession under federal law. This is a huge step toward the reformation of the U.S. drug policy. He took a step further and called on the Secretary of Health and Human Services and the Attorney General to review how marijuana is scheduled under federal law.

The president said in his statement “Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white, black and brown people use marijuana at similar rates, black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

The President added that regulations that limit trafficking, marketing, and sales to minors shouldn’t change.

Marijuana Possession: Federal and State Convictions

Biden’s decree unconditionally pardoned about 6,500 people from Federal prisons for marijuana possession. However, his decree did not affect anyone with marijuana possession charges on the state or local level. Their records continue to reflect a conviction. As a result, the President urged governors to review their own marijuana policies and adopt similar pardon actions for state offenses of simple possession of marijuana. Many states have begun to review the process. Others have already completed it.

Nevada Marijuana Possession Decree Unconditionally Pardoned 15,000 in 2020

Over two years, the State Board of Pardons Commissioners unanimously voted to unconditionally pardon anyone who was convicted in the past two decades of possessing an ounce or less. Recreational marijuana was voted legal in Nevada in 2017. So, in 2020, the State became one more that granted unconditional pardons .

Nevada’s resolution does not apply to anyone convicted before 2001. At that time, possessing even less than an ounce of marijuana was a felony. The governor’s office said those convicted before 2001 were grouped in with those possessing other drugs, and the groups can not be separated. It also does not apply to those that pleaded guilty to possessing marijuana, along with pleading guilty to other crimes, as part of the plea bargaining process.

How to Obtain an Unconditional Pardon for Marijuana Possession in Nevada

Jesse Kalter is available to Assist with Other Criminal Charges

Having a criminal record for marijuana possession or other drugs can have negative consequences for years after the conviction. Jesse Kalter Law has successfully obtained unconditional pardons for clients and sealed hundreds of charges . He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, Hawthorne, and all other Northern NV rural counties.

Find Out If Your Marijuana Possession Can Be Unconditionally Pardoned
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Biden’s and Nevada’s Decree on Marijuana Possession appeared first on Jesse Kalter Law .

Marijuana DUI Convictions in Nevada Are Now Harder to Prove

Tue, 14 Feb 2023 16:38:00 GMT

Nevada Prosecutors Can No Longer Use the Per Se Limits for Marijuana DUI Convictions

The passage of AB400 changed the way prosecutors must prove marijuana DUI convictions. This revision of the law does away with the per se blood or urine limit and shifts the focus to actual impairment. This law was introduced to protect Nevadans who lawfully use marijuana from being unjustly convicted of a DUI. This bill also better aligns marijuana with other prescription drugs that have never had a per se blood limit.

Marijuana DUI Convictions: Per Se Limit Vs. Impairment

Per Se Limit

Up until July 1, 2021, the laws for a Marijuana DUI conviction were based on a blood of urine limit per se. This was an exact measurement of the amount of Tetracanabidiol (THC), the psychoactive component in cannabis, in a person’s blood stream. Under the old law, a person was considered to be legally impaired by marijuana if they had 2ng/ml of marijuana or 5ng/ml of marijuana metabolite in their blood. In order to secure a marijuana DUI conviction, all the prosecution had to do was test the suspect’s blood and prove it was over the limit. They could also do this using a urine test if there was over 10ng/ml of active marijuana in the sample (or 15ng/ml of metabolite in the urine.

Impairment

Impairment has always been a path to a DUI conviction . Reckless or dangerous driving is a sure sign of alcohol or drug impairment. There are also several field sobriety tests that can be administered to prove impairment by alcohol and controlled substances. This has always been a difficult path for prosecutors, and they have generally preferred to use blood alcohol content for alcohol and nanograms of marijuana per liter of blood to prove guilt. Tests that provide quantifiable results are hard to disprove.

Proving a Marijuana DUI Conviction After July 1,2021

AB400 was introduced on the grounds that prolonged marijuana use affects everyone differently. Some extended marijuana users have no impairment to their psychomotor functions, even after achieving a per se blood limit well above the former legal limit. Due to their increased marijuana use, it may also be impossible for some medical marijuana patients to stay below the former per se limit.

As a result of the passage of AB400, impairment is now the only way a Nevada prosecutor can secure a marijuana DUI conviction. They must prove that marijuana has impaired the driver’s ability to safely drive the vehicle. This is a very difficult position for prosecutors to be in, as they can no longer use a chemical test. They must use other evidence to prove guilt, such as witnesses, driving patterns, or field sobriety tests.

Jesse Kalter Has Experience Defending Against Marijuana DUI Convictions

Even with the laws for marijuana changing for Nevadans, a Marijuana DUI is still a difficult case to defend. Prosecutors and judges are very serious about keeping the streets of Nevada safe for everyone. They may seek harsh penalties if someone is convicted of a marijuana DUI. Jesse Kalter has vast experience and an expert knowledge of Nevada law. He has, and continues to, effectively defend against marijuana DUI or alcohol DUI charges. He has secured numerous not guilty verdicts across his career and had several other cases dismissed or the charges reduced. He is available to serve the people of Reno, Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Secure a Strong Defense Against Marijuana DUI Convictions
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Marijuana DUI Convictions in Nevada Are Now Harder to Prove appeared first on Jesse Kalter Law .

Identity Theft Penalties in Nevada

Tue, 31 Jan 2023 15:52:00 GMT

Identity Theft Penalties Depend on the Actions of the Defendant

What is Identity Theft?

According to NRS 205.463 it is a crime to use someone else’s personal identifying information with the intent to fraudulently obtain credit, personal data, property, or services. This law covers computer and internet technology. It also makes it a crime to aid or abet another person in securing someone else’s personal identifying information. Personal identifying information can include a person’s:

Other forms of identity theft are using or owning a fake ID or impersonating someone else in order to get married, transact real estate, confess to a criminal offense or act as bail or surety in any legal proceeding.

Identity Theft Penalties in Nevada

Identity Theft Misdemeanors

Possession of a Fake ID: If a person is caught in possession of a fake ID to drink gamble, or buy cigarettes, then they can face up to six months in jail and/or up to $1,000 in fines plus restitution (if any).

Selling or Giving Away a Fake ID : If a person is caught selling or giving away a fake ID to drink, gamble, or buy cigarettes, then they can face up to 364 days in jail and/or up to $2,000 in fines.

<h3>Identify Theft Category E felony

Possessing False Identification (but no to for the sole purpose of establishing false proof of age): If caught, a person faces 1-4 years in prison and/or up to $5,000 in fines plus restitution (if any).

Identify Theft Category C Felonies

A person can face 1-5 years in prison and up to $10,000 in fines plus restitution (if any) if they are caught:

Identify Theft Category B Felonies

A person can face 1-20 years in prison and fines up to $100,000 in fines plus restitution (if any) if they are caught:

Jesse Kalter Can Assist If You are Facing Identity Theft Charges in Nevada

Identity theft is a serious charge in the state of Nevada. Judges impose the harshest penalties to deter repeat offenses. Defending against identity theft charges requires the expertise of an experienced criminal defense lawyer . Jesse Kalter has won numerous not-guilty verdicts and had other cases completely dismissed. He is available to serve the people of Reno , Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

You don’t have to face identity theft penalties alone.
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Identity Theft Penalties in Nevada appeared first on Jesse Kalter Law .

Tips to Avoid a DUI this Holiday Season

Tue, 06 Dec 2022 00:17:00 GMT

Don’t Drink and Drive is the Simplest Way to Avoid a DUI this 2022 Holiday Season

With more and more pandemic restrictions easing, holiday parties and gatherings are almost certain for most Nevadans. Beer, wine, and alcohol are usually central to many of these get-togethers. It can be very easy to lose track of the number of drinks you have consumed on such a joyous occasion. Eventually, the party will end, and you will have to go home. Don’t let a bad decision like drinking and driving after a party end up in a DUI.

A DUI is a serious offense in Nevada. Avoiding a DUI this 2022 holiday season could be the difference between having happy holidays or experiencing tense, uncertain holidays. A DUI could result in loss of your license, heavy fines, community service, and even jail time. All of which could make the holidays especially difficult for anyone.

Follow These Tips to Avoid a DUI this 2022 Holiday Season

1. Find Someone to be Your Designated Driver

One of the best ways to avoid a DUI this 2022 holiday season is to let someone else who is older do the driving for you. If you are going with a group of friends or family to a holiday event, designate someone to drive everyone around. Make sure you choose someone that is dedicated to the responsibility of staying sober.

2. Use Public Transportation

The bus, cabs, or public ride sharing services, like Uber or Lyft, are great ways to avoid a DUI. It won’t be free, but it will cost a lot less than the penalties associated with a DUI .

3. Eat Plenty of Holiday Dinner

Food, especially grains, absorb alcohol sitting in your stomach. This reduces your blood alcohol content by giving your liver a chance to process the alcohol you have already consumed.

4. Stop Drinking Early

It takes an hour for your body to process one beer, one shot of alcohol, or one glass of wine. So, if you must drive home, it is a good idea to stop drinking early. This particular tip to avoid a DUI this 2022 holiday season will only work if you have only had two or three drinks. Drinking excessively doesn’t leave much time to sober up and it’s best to find an alternate way home.

5. Give Someone Else Your Keys

If you don’t have your keys, you can’t use them. It will be very inconvenient, and you may not remember giving your keys away. However, the headache of tracking a ride home will be less than having to deal with a DUI arrest.

Jesse Kalter and LeAnn Schumann are Experienced DUI Lawyers

The holidays should be a joyous time with family and friends where you can relax and enjoy each other’s company. The stress of a DUI can make it difficult to enjoy the holidays for anyone. If you are facing a DUI, it is highly recommended to seek the help of an experienced DUI attorney. Jesse Kalter and LeAnn Schumann have defended numerous DUI cases. Their defense strategies have earned several not-guilty verdicts and had other cases completely dismissed. They are available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If You Didn’t Avoid a DUI this 2022 Holiday Season
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips to Avoid a DUI this 2022 Holiday Season appeared first on Jesse Kalter Law .

How to Help Someone During a Fentanyl Overdose

Mon, 31 Oct 2022 20:33:00 GMT

Preventing a Fentanyl Overdose Death Means Staying Calm and Acting Fast

Fentanyl overdose and fentanyl-related overdoses are the most common overdose deaths in the United States. These overdoses numbered 20,000 in 2017 according to mortality data from the National Vital Statistics System . In an effort to reduce the number of these fatalities, the Centers for Disease Control and Prevention conducted a study to investigate the characteristics of a fentanyl overdose. Each of the respondents in the study had either survived an overdose themselves or witnessed an overdose in the past six months. According to the results, speed was one of the most common characteristics. Three-quarters of the respondents said they felt the onset of an overdose within seconds or minutes of consuming the fentanyl.

Signs Someone is Suffering from a Fentanyl Overdose

The following is a list of potential signs and symptoms of a fentanyl overdose.
• Drowsiness
• Dizziness
• Nausea and vomiting
• Limp body
• Changes in the size of pupils
• Cold and clammy skin
• Blue colored lips and fingernails
• Slowed or stopped breathing
• Decreased heart rate
• Reduced or loss of consciousness
• Coma

Steps to Immediately Help Someone During a Fentanyl Overdose

1. Attempt to Wake the Person

Begin by shaking the person and shouting their name. If this doesn’t rouse them, you can grind your knuckles into the person’s sternum. DO NOT strike, slap, or punch them across the face or anywhere on their body. This can cause more damage to the person .

2. Call 911

Call for emergency medical attention. Tell the operator that you have found someone who is unresponsive and having difficulty breathing. You do not have to disclose that it is an overdose, what kinds of drugs were taken, or where they were obtained.

3. Administer Naloxone a.k.a. Narcan

Naloxone is the only known substance to reverse the effects of an opioid overdose. It can be administered through a syringe or a nasal application. This drug was once restricted but is now available at most pharmacies without a prescription.

4. If There is No Naloxone, Check Breathing

Fentanyl is known to slow heart rate and breathing. If someone’s breathing has slowed dramatically, CPR may need to be administered. It’s a good idea to let someone who has been trained in CPR administer this procedure. If there is no one trained, tilt the person’s head back, pinch the nose, and breathe into their mouth every five seconds .

5. Stay with the Person

Naloxone can wear off and bring a person back to consciousness in thirty to ninety minutes. It’s important to stay with a person until help arrives or they wake up, so they can be informed about what happened.

Do you Need a Lawyer If You’ve Helped Someone During a Fentanyl Overdose?

In the past, many lives were lost because people around the victim, who could have helped, feared legal repercussions from becoming involved. The Good Samaritan Drug Overdose Act (Chapter 453C) directly addresses Nevadans with these fears. In 2015, because of the increasing number of opioid-related deaths, the Nevada Legislature made sweeping changes to the Good Samaritan Laws. The updated laws now protect people from criminal prosecution and civil liability if they aided someone suffering from an overdose.
So, if you do help someone during an overdose, you should not be arrested charged, prosecuted, or convicted, or have your property subjected to forfeiture, or be otherwise penalized for violating:
• Possession of a controlled substance, with exceptions
• Use of a controlled substance
• Possession of drug paraphernalia
• A restraining order
• A condition of the person’s parole or probation (NRS 453.150)

Jesse Kalter is Available to Assist if You are Facing Charges as a Result of Someone’s Overdose

You shouldn’t have to face criminal charges because of someone else’s drug use. While the Good Samaritan law is a viable defense, presenting it to a judge requires the experience of a knowledgeable drug defense attorney. Jesse Kalter Law has defended hundreds of drug cases . They have obtained several not-guilty verdicts and have had other cases dismissed completely. They are available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Helping Someone with a Fentanyl Overdose Doesn’t Have to End in Jail Time
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Them Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post How to Help Someone During a Fentanyl Overdose appeared first on Jesse Kalter Law .

Why Wasn’t I Read My Miranda Rights When I Was Arrested?

Tue, 18 Oct 2022 22:18:00 GMT

A Case Does Not Get Dismissed Just Because the Police Didn’t Read You Miranda Rights

The Miranda Rights are a result of a 1966 U.S. Supreme Court case, Miranda v. Arizona .

Television and movie police dramas often read Miranda Rights to suspects to make arrests look exciting. As a result of this mainstream media use, many Americans think they have a strong understanding of Miranda Rights. Many people believe that Miranda Rights must be read during every police interaction or arrest. They couldn’t be more wrong.

Police Only Read Miranda Rights During Custodial Interrogations

The police are only required to read a suspect their Miranda Rights if they are conducting an interrogation. An interrogation can be a line of questioning, or a series of comments to get the suspect to incriminate themselves. It doesn’t matter where the interrogation happens. It can occur in jail, at the scene of the crime, or the middle of a busy street. If the suspect is deprived of their freedom of action, such as being placed in handcuffs, they must be read their Miranda Rights. The determination of what is “custodial” comes down to whether a reasonable person would feel they are free to leave.

Many times, police do not arrest people when they talk to them. They let people know they are free to leave whenever they want during the conversation. They start a conversation like this to avoid giving the Miranda Warning. However, if they get the suspect to self-incriminate, then will make an arrest.

Miranda Rights and DUI Arrests

Custodial interrogation is used to get information from a suspect. However, in the case of a DUI, questioning a drunk driver does not require the reading of Miranda Rights, even though the drive is not free to leave. DUI investigations are an exception to normal Miranda rules.

Gathering the police’s observations and a BAC test does not require a suspect to be Mirandized. However, if a DUI investigation turned to questions about something criminal and unrelated to the DUI, then the suspect would need Miranda Rights read to them.

Repercussions for Unlawful Custodial Interrogations

Many people think if there was a failure by law enforcement to read Miranda Warnings, the case will be dismissed. That is rarely correct. Rather the most common repercussion would be that anything said or obtained as a result of the custodial interrogation would be inadmissible, or it could not be used against the defendant in a trial. While this could lead to a dismissal, a dismissal is not an automatic certainty.

Jesse Kalter Law Always Reviews Cases for Proper Miranda Rights Procedures

An experienced criminal defense lawyer begins building their case by looking at evidence and the procedures that were used to collect the evidence. If those collection procedures weren’t followed exactly, the evidence could be deemed inadmissible, and the case could be dismissed. Jesse Kalter Law has the knowledge and experience to build a strong defense case. They have obtained countless not-guilty verdicts for DUI and domestic battery and have had other cases completely dismissed without a trial. They are available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, Hawthorne, and all other Northern NV rural counties.

Find Out If Your Case Needed Miranda Rights Read
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Why Wasn’t I Read My Miranda Rights When I Was Arrested? appeared first on Jesse Kalter Law .

Possible Defenses for Drug Crimes

Fri, 24 Jun 2022 13:51:23 GMT

Possible Defenses for Drug Crimes

It’s important to remember that a person is innocent until proven guilty in a court of law. There are several possible defenses for drug crimes in Nevada. These defenses can be presented by the defendant. However, to achieve the best possible outcome it is highly recommended to consult with an experienced drug crimes lawyer to avoid the harsh penalties of drug crimes in Nevada.

These are a Few of the Possible Defenses for Drug Crimes in Nevada

Possible Defenses for Marijuana DUI

Driver was not Under the Influence – The symptoms of marijuana intoxication can also be attributed to lack of sleep, being around cigarette smoke, or even agitation from the officer’s questioning. An experienced DUI lawyer could prove that the officer misinterpreted these signs as indicators of intoxication.

No Probable Cause – Unless the stop is part of a DUI checkpoint, the prosecution will have to prove the arresting officer had enough probable cause to pull over the driver.

Faulty Testing Equipment – An experienced DUI lawyer will conduct a thorough investigation of the chemical test done to determine if it was administered correctly.

Possible Defenses for Prescription Medication Related Crimes

Prescription Pills Belonged to Someone Else – The prescription pills could have simply belonged to someone else and the accused had no knowledge of its presence.

Have a Prescription – In many cases, all a client has to do is present a prescription for the medication from a doctor or healthcare provider.

Illegal Search and Seizure - The Fourth Amendment protects you and your personal property from being searched and seized by the government without a warrant.

Possible Defenses for Meth, Heroin, Cocaine, or Controlled Substance

Meth, Heroin, Cocaine, or Other Controlled Substances Belonged to Someone Else – Meth, heroin, cocaine, or controlled substances belong to someone else and the accused had no knowledge of its presence.

Entrapment – A person can be tricked into purchasing meth, heroin, cocaine, or other controlled substances from a member of the police force when they were not otherwise going to purchase anything.

Mishandled Evidence – Tests are not always accurate, and equipment can go faulty. Experienced drug crimes and drug possession lawyers will always start by looking here.

Illegal Search and Seizure - The Fourth Amendment protects you and your personal property from being searched and seized by the government without a warrant.

There was No Intent to Sell – The quantity alone of meth, heroin, cocaine, and other controlled substances does not mean a person intends to sell them. It could be for personal use.

Possible Defenses for Drug Paraphernalia

Drug Paraphernalia Belonged to Someone Else – These devices could belong to someone else.

Device Not Used Illegally – If the device has not been used for illegal activity, then the case can be dismissed as it would not be considered illegal paraphernalia.

Illegal Search and Seizure - The Fourth Amendment protects you and your personal property from being confiscated unless probable cause of a crime can be proven. This right even applies if the items seized are illegal

Sex Crime Penalties

Fri, 24 Jun 2022 13:42:14 GMT

Nevada Sex Crime Penalties are Some of the Harshest in America

Penalties for sexual assault are prosecuted as a category A felony. This is the most serious felony someone can face. If convicted, the sex crime penalties include:

Life in prison without the possibility of parole or 15 years to life if substantial bodily harm to the alleged victim has occurred.
10 years to life if no substantial bodily harm to the alleged victim has occurred.
Registration as a sex offender.

Sex Crime Penalties Vary Based on the Age and Harm to the Victim:

If Victim is under the age of 16: If there is substantial bodily harm to the alleged victim, it is punishable by life in prison with possibility of parole after 25 years. If there is substantial bodily harm to the alleged victim, it is punishable by life in prison with no possiblity of parole.

If the Victim is under the age of 14: If there is no substantial bodily harm to the alleged victim, it is punishable by life in prison with the possibility of parole after 35 years. If there is substantial bodily harm to the victim there is the possibility of life in prison with no parole.

More severe penalties exist if the person charged with sexual assault has prior convictions.

If Paroled, Sex Crime Penalties Require a Registration as a Tier III Sex Offender

According to NRS 179D.117 , a person must register as a Tier III sex offender. This is a public searchable database. When rapists are released on parole, they are required to register within 48 hours of being released. They are also required to check in every 90 days with a parole officer.

If a convicted sex offender does not register in the required time, they face a category D felony of failure to register. The penalties for not registering include:

Up to four years in prison
Up to $5,000 in fines.

A subsequent failure to register within 7 years after the first violation is prosecuted as a category C felony. The penalties include:

Up to five years in prison
Up to $10,000 in fines

Possible Defenses for Sex Crimes

Fri, 24 Jun 2022 13:34:20 GMT

Jesse Kalter Has the Experience to Present Possible Defenses for Sex Crimes

Contacting an experienced sexual assault attorney as soon as possible after being accused of sex crimes is the best way to get a favorable outcome. This allows the evidence to be evaluated and witnesses to be questioned before it’s too late. Sexual assault charges and all other sex crimes are taken very seriously by law enforcement and prosecuting attorneys. They will do whatever it takes to make sure that those charged face the strictest possible penalties.

Possible Defenses for Sex Crimes

1. False Accusations

An experienced sexual assault lawyer will look for ways to discredit the alleged victim by identifying areas where they might be hiding the truth or obstructing justice. False accusations and victim motivation are both areas to explore in court. The alleged victim could be seeking revenge for an unrelated matter, or they could be accusing the wrong person.

2. The Accuser Consented to the Sex

Consent is a defense to sexual assault. And experienced sexual assault lawyer can cast doubt on the prosecution’s case by presenting evidence that suggests the alleged victim consented to have sex. This is not a possible defense for sexual assault in Nevada if the victim was under 16 or mentally incapable, or physically incapable of consent.

3. No Sexual Penetration Occurred

According to NRS 200.366, only non-consensual penetrative sex is considered sexual assault. If the prosecution can’t prove that penetrative sex occurred, or there is insufficient evidence to prove penetrative sex occurred, then there is a defense to sexual assault.

4. Insanity/ Mental Incapacity

A criminal defense lawyer can opt for this defense, but it can be difficult to win with this one. This defense must prove that the defendant was legally insane by the strict standards of the Nevada law system either permanently, or during the time of the alleged incident. This will require that the defendant see a specialist for a full mental evaluation. This psychologist can be called as a witness, but they can only provide a medical diagnosis. They can’t confirm that the defendant was legally insane as per legal definitions.

DUI Penalties in Nevada

Fri, 24 Jun 2022 13:23:32 GMT

DUI Penalties are Very Strict in Nevada

Prosecutors regularly seek the harshest DUI penalties possible to keep the streets of Nevada safe. If you are convicted of a second or third DUI, penalties get more and more harsh. These penalties are not just limited to an alcohol-related DUI. DUI convictions also happen if a person is caught driving under the influence of marijuana, illicit drugs, or prescription drugs. There are several defenses for a DUI, but to achieve the best possible outcome, it is highly recommended to consult with a DUI attorney.

Penalties for a Nevada DUI

First Offense DUI/Misdemeanor DUI

If convicted of a first offense DUI a person may have to:

Serve 2 days to 6 months in jail
Pay up to $1,000 in fines
Take mandatory alcohol classes
Lose license for 185 days or install a Breath Interlock Device in the vehicle

Second DUI Charge

Once convicted of a second DUI someone may have to:

Serve 20 days to 6 months in jail
Pay up to $1,000 in fines
Lose their license for one year or install a Breath Interlock Device in the vehicle
Take mandatory drug/alcohol dependency evaluation

Second DUI Charge

Someone can be charged with a felony DUI charge for three reasons.

They have had two prior DUI convictions in the last seven years
They substantially hurt or killed someone during the DUI
They have already had a prior felony DUI conviction

Once convicted of a felony DUI charge a person may have to:

Serve 1 to 6 years in prison
Pay up to $5,000 in fines
Lose of their license for 3 years

If the DUI caused death or substantial bodily harm, then a person can:

Serve a 2 to 20 year prison sentence

If the DUI conviction follows a previous felony conviction:

Serve a 2 to 15 year prison sentence

Possible Defenses for DUI

Fri, 24 Jun 2022 13:15:11 GMT

Possible Defenses for a DUI in Nevada

Just because a person is charged with a DUI does not mean they are guilty. There are several defenses that can be presented to get the case dismissed or reduced. While a person can represent themselves, to get the best possible outcome, it is highly recommended to consult with an experienced DUI attorney to avoid harsh DUI penalties.

Possible Defenses for a DUI Explained

No Probable Cause

The prosecution will have to prove there was probable cause to pull over the driver. This can include swerving, disregarding other traffic laws, expired registration, or a burned-out taillight. The exception to the probable cause rule is if the person was stopped as part of a DUI checkpoint because they are not being singled out.

Faulty Testing Equipment or Officer Error

Police use a DUI breath testing machine called the Intoxilyzer 8000. It is designed to measure alcohol in deep lung tissue. However, if the machine is not regularly calibrated, it can give a false reading. If the officer fails to follow strict testing protocols, including eliminating the possibility of “mouth alcohol” being mixed into the machine reading, the test result can be inaccurate. This type of DUI defense leads to reasonable doubt in the test equipment’s accuracy.

Margin of Error of the Test Results

The horizontal gaze nystagmus, the one-leg stand, and the walk and turn are the only three field sobriety tests to show any correlation between performance and alcohol impairment. The National Highway Transportation Safety Administration indicates that the one leg stand suffers from a 35% error rate and the walk and turn from a 32% error rate. Considering this, a DUI attorney could argue that these tests hold too high of a degree of error to be considered reliable in the analysis of probable cause for arrest. Additionally, both the Intoxilyzer 8000 and a blood test have a small margin of error. If the test is just over a .08, the margin of error can create reasonable doubt.

Not on a Public Roadway

If the alleged operation of the vehicle did not happen on a public roadway or a location where the public has access, then there is a defense to a DUI.

Last Gulp Defense

If the person consumes enough alcohol after driving or being in actual physical control of the vehicle to read over a .08, then there is a defense available to the DUI.

No Actual Physical Control of the Vehicle

If the person wasn’t behind the wheel, or the vehicle was not running and the keys were not in the ignition, the prosecutor will not be able to establish the person had actual physical control of the vehicle.

Penalties for Domestic Battery in Nevada

Fri, 24 Jun 2022 13:05:48 GMT

Hiring a Domestic Violence Lawyer Can Reduce or Dismiss Penalties for Domestic Battery

In recent years, a new light has been shed on domestic battery, or what many social workers call the shadow pandemic. Police, prosecutors, and judges are routinely trained in domestic violence, and aggressive interventions are continually implemented. One of these aggressive interventions is severe penalties for domestic battery. These charges do not have to be the result of a long-term injury for someone to be charged with domestic battery.

According to Nevada law, any unwanted touching, no matter how light, is considered battery. Domestic battery is a "must arrest" charge. If the police have been called to a residence for domestic battery, they are required to remove the person they have identified as the primary aggressor. This usually involves an arrest and detention at the jail for at least 12 hours, before bail is even possible.

Penalties for Domestic Battery in Nevada

Domestic Battery First Offense

If convicted of a domestic battery first offense, a person could:

Serve a minimum 2 days up to 6 months in jail
Pay up to $1,000 fine
Serve up to 120 hours of community service
Attend weekly batterer’s intervention counseling sessions for 6 months
Loss of second amendment rights

These are standard penalties for offenses that did not involve deadly weapons, strangulation, or substantial bodily harm.

Domestic Battery Second Offense

If convicted of a second domestic battery offense within seven years, a person could:

Serve a minimum of 20 days to 6 months in jail
Pay up to $1,000 fine
Serve up to 200 hours of community service
Mandatory weekly batterer’s intervention counseling sessions for one year
Loss of second amendment rights

These are standard penalties for offenses that did not involve deadly weapons, strangulation, or substantial bodily harm.

Domestic Battery Third Offense

If convicted of a third domestic battery charge within 7 years, it will be charged as a felony offense, which carries a punishment of:

Mandatory 1-6 years in prison
Up to $5,000 in fines
Loss of second amendment rights

Domestic Battery with Deadly Weapon, Strangulation, or Substantial Bodily Harm

If a person is convicted of domestic battery with the use of a deadly weapon, or by strangulation, it will be punishable by:

1-5 years in prison
Up to $10,000 in fines
Loss of second amendment rights

If a person is convicted of domestic battery resulting in substantial bodily harm with the use of a deadly weapon, or by strangulation, it will be punishable by:

Mandatory 1-6 years in prison
Up to $5,000 in fines
Loss of second amendment rights

Types of Personal Injury Cases

Fri, 24 Jun 2022 12:57:29 GMT

An Experienced Personal Injury Lawyer Can Represent Multiple Types of Personal Injury Cases

There are several types of personal injury cases. A person has the right to be fully compensated for their losses, pain, and suffering. A victim should never take the first offer the insurance company offers. The adjusters are working on the side of the insurance company and not the victim. People involved in work accidents , product liability accidents, assault, traffic accidents, or slips and falls need to contact a personal injury lawyer to get compensated fairly for medical expenses, lost wages, and compensation for pain and suffering. A personal injury lawyer will relieve the stress of dealing with the insurance companies.

Discuss the Several Types of Personal Injury Cases with an Experienced Lawyer

These are a Few Types of Personal Injury Cases

Traffic Accidents

If someone is involved in a serious car accident and it is proven to be the other driver’s fault, then they may be entitled to medical expenses and pain and suffering compensation.

Slip and Falls

Slipping and falling on someone else’s personal property is a difficult case to prove. Yet, if someone has slipped and fallen in a business and the business failed to utilize the necessary safety signs and precautions then the victim may be entitled to medical expenses and pain and suffering compensation.

Product Liability

Many of the products people purchase every day could have faulty wiring or poor-quality manufacturing. Accidents and fires can be a result of these costly oversights. When it is shown that a particular manufacturer’s product is at fault for damages or physical pain, then the victim may be entitled to medical expenses and pain and suffering compensation.

Wrongful Death

When someone has been killed due to another’s negligent actions, damages can be sought against a party causing the death. A victim’s family may be entitled to pain and suffering compensation, medical expenses, and loss of consortium.

Common Types of Fraud and Theft

Fri, 24 Jun 2022 12:54:14 GMT

There are Several Types of Fraud and Theft Defined by Nevada State Law

The following is a list of the more common types of fraud and theft in Nevada. This list is by no means comprehensive. There are many other different fraudulent activities someone can be accused of. Some theft and fraud cases can have thousands of documents of evidence to review. If a person is facing any type of fraud & theft charges, it is highly recommended they hire an experienced fraud & theft lawyer to achieve the best possible outcome.

Some Common Types of Fraud

Auto Insurance Fraud (NRS 686A.2815)

This occurs when a person lies about vehicle damage or theft for the purpose of undue financial gain. A person can also be convicted if they present a statement to conceal or omit facts, or if they receive benefits knowing that facts were omitted.

Credit/Debit Card Fraud (NRS 205.760)

A person is charged with this when they use or possess, another person’s credit/debit card , without the cardholder's permission to obtain anything of value.

Gaming Fraud (NRS 465.070)

This law states that it is illegal to use insider information not known to the general public when gambling in Nevada. A person can also be charged with g aming fraud if they alter the elements of chance, method of selection, or criteria which determine the results, amount of payment, or frequency of payment in a game.

Foreclosure Fraud (NRS645F.400)

If a foreclosure consultant does not abide by the terms of their contracts with homeowners, then they may be liable for foreclosure fraud. A person that engages in a pattern of mortgage lending fraud or conspires or attempts to engage in a pattern of mortgage lending fraud can also be found guilty of foreclosure fraud.

Identity Theft (NRS 205.463)

Identity theft or ID theft is a state level offense and can also be prosecuted as a federal offense. This crime occurs when a person obtains key pieces of another person’s personal information, such as Social Security or driver’s license number, to allegedly pose as someone else and obtain credit, property, or services. A person can also be charged for aiding and abetting someone with identity theft.

Some Common Types of Theft

Petit Larceny (Petty Theft) (NRS 205.240)

If a person is accused of stealing property or money valued less than $1,200, then they are charged with petit larceny also known as petty theft.

Grand Larceny (NRS 205.220)

If the value of the property that was allegedly stolen is valued at over $1,200, then a person is charged with grand larceny. There are varying degrees of punishment based on the value of the stolen property.

Shoplifting (NRS 205.240)

Shoplifting, or retail theft, is a form of larceny that involves taking store merchandise without first paying for it.

Robbery (NRS 200.380)

Robbery is the act of taking personal property from another person, or in the person's presence, against their will through force or violence. If a deadly weapon was used, the penalties increase.

Embezzlement (NRS 205.300)

Embezzlement is the theft of property that someone has been legally entrusted with. This is commonly referred to as “employee theft” and “employee fraud.”

Possession of Stolen Property (205.275)

Someone can be charged with possession of stolen property if the person, for his/her own gain or to prevent the owner from having the property, possesses the property knowing it was stolen, or under circumstances that should have caused a reasonable person to know the property was stolen.

Possible Defenses for Fraud and Theft

Fri, 24 Jun 2022 12:41:23 GMT

Consult with an Experienced Fraud Lawyer About the Possible Defenses for Fraud & Theft

Building a strong defense for fraud & theft charges is a long process. Due to the nature of these accusations, a person needs to discuss all the possible defenses for fraud & theft with an experienced fraud & theft lawyer to ensure the best possible outcome for their case.

Possible Defenses for Fraud

There can be thousands of documents of evidence to review when building a strong defense against fraud charges. This process can easily take weeks to complete. If a person has been charged with fraud, they should contact a fraud lawyer immediately to begin building their defense. The following list is of potential fraud defenses to review with a criminal defense attorney.

No Intent to Defraud – If it can be shown that there was no intent to defraud or the defendant was unaware that fraud was being committed, then the case may be dismissed.

Defendant was Falsely Accused of Fraud – Mistakes can be made, and someone can be falsely accused of fraud. If it can be proven another person made this mistake, then the case may be dismissed.

Evidence Should be Excluded - Evidence the police found through an unlawful search and seizure, or asset forfeiture, must be excluded from a case.

Possible Defenses for Theft

If someone has been arrested for any form of theft, they need to contact an experienced theft lawyer immediately. The sooner a defense can be built, the higher the chance of achieving a favorable outcome. The following is a list of theft defenses to review with a criminal defense attorney.

Misidentification by the Witness – Being falsely accused is common due to frequent misidentifications made by witnesses.

Lack of Intent – If it can be proven that a person did not intend to steal the item or keep the item after taking it, or it was a misunderstanding, then the case may be dismissed.

No Taking Occurred – Sometimes an item wasn’t taken at all. If the defense can prove that a person didn’t take the item, then the case may be dismissed.

The Property was a Gift, or It was the Defendant’s to Begin With – If it can be proven that a person was given the item, or it was loaned, then a theft has not occurred.

Possible Defenses for Domestic Battery

Fri, 24 Jun 2022 12:33:02 GMT

Possible Defenses for Domestic Battery

As much as the media might try to portray it otherwise, everyone is innocent until proven guilty in a court of law. There are several possible defenses for domestic battery that can get the charges reduced or the case dismissed. The accused can defend themselves, but to get the best possible outcome it is highly recommended to consult with an experienced domestic battery lawyer. They are familiar with the court proceedings and how to handle cases to achieve a fair and just result.

Possible Defenses for Domestic Violence Explained

Accident-Related Injury

If an injured person goes to the hospital and it looks suspicious, the medical personnel will often fill out a police report. By using this defense, a person is admitting that an injury did occur, but it was the result of an unintended act. Accidents are not intentional acts of battery and therefore may be a defense. A domestic battery attorney will investigate the facts and compare them to the medical examiner’s documents.

Acting in Self Defense

In order for this to be a viable defense, the force used must be reasonable to prevent personal injury. There are several ways a domestic battery lawyer will begin building this defense. A defense attorney will check the police report for any admission by the alleged victim that they used violence against the accused. They will find out why they used violence to prevent the injury. They will look for inconsistencies in t he alleged victim’s story and check for self-defense wounds on the accused.

False Allegations and Self-Inflicted Injuries

During custody battles or disputes, one person might accuse the other of domestic battery to obtain a legal advantage in the contested child custody case. Some people even go so far as to injure themselves before calling the police. A domestic violence lawyer is highly recommended for this situation or anytime false accusations are levied against someone.

Other Possible Defenses for Domestic Battery

There are several other defenses that can be used by a domestic battery attorney. They include:

Not present during the crime
Not enough evidence to prove beyond a reasonable doubt
Consensual touching or mutual agreement to fight
Police committed investigative errors during the arrest or evidence gathering

Penalties for Unlawful Homicide

Fri, 24 Jun 2022 12:15:24 GMT

Avoiding the Penalties for Unlawful Homicide Needs the Assistance of a Homicide Lawyer

Unlawful homicide and murder are considered some of the most serious crimes in American society. The penalties for unlawful homicide are severe and prosecutors often seek the harshest penalties possible. To achieve the best possible outcome, it is highly recommended to consult with a homicide lawyer if facing any of these charges.

Penalties for Unlawful Homicide

Voluntary Manslaughter

Voluntary manslaughter is defined as the unlawful killing of another human being without malice or deliberation. These are murders that occur “in the heat of passion” caused by a provocation that made the passion irresistible. If convicted, a person can face:

1-10 years in prison
Fines up to $10,000

Involuntary Manslaughter

Involuntary manslaughter is defined as a killing of a human being with any intent to do so. If convicted of this charge, a person faces:

1-4 years in prison
Fines up to $5,000

Vehicular Manslaughter

Vehicular manslaughter is defined as the unintentionally without malice or deliberation with a vehicle through an act or omission that constitutes negligence. If convicted, a person faces:

Up to 6 months in jail
Fines up to $1,000

First Degree Murder

First degree murder is defined as the unlawfully killing of another human being with premeditation and deliberation. These convictions carry the harshest punishment afforded by Nevada state law. Penalties for first degree murder include:

The death penalty, if aggravating circumstances are found
Life sentence without parole
Life sentence with the possibility of parole after 20 years
20-50 years in prison

Second Degree Murder

Second degree murder is defined as all other kinds of murder besides those in the first degree. If convicted this charge includes:

Life in prison with the possibility of parole after 10 years
10-25 years in prison

Felony Murder

Felony murder is defined as killing someone during the commission or attempted commission of a felony such as sexual assault, kidnapping, robbery, arson, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under 14 years old or child abuse or abuse of an older person or vulnerable person. If convicted, the penalties include:

The death penalty if aggravating circumstances are found
Life sentence without parole
Life sentence with the possibility of parole after 20 years
20-50 years in prison

Deadly Weapon Enhancements

If it is determined that the defendant used a deadly weapon in the commission of the crime, the following addiontial penalty is added:

A consecutive sentence up to 20 years but not more than the sentence for the underlying crime

Penalties for Fraud and Theft

Fri, 24 Jun 2022 12:09:53 GMT

If Convicted, the Penalties for Fraud and Theft are Steep

Penalties for fraud and theft charges are steep. In many cases, prosecutors and judges will impose the harshest punishment possible to deter repeat offenses. Building a defense for fraud and theft charges can take weeks of reviewing evidence. It is highly recommended to consult with a qualified fraud and theft lawyer to achieve the best possible outcome.

Penalties for Fraud and Theft Can Affect the Rest of Someone's Life

Penalties for Fraud and Theft Charges

Auto Insurance Fraud (NRS 686A.290)

If convicted of this charge , a person is guilty of a category D felony. They can face up to:

1-4 years in prison
Pay a fine of up to $5,000 and pay restitution to the victim.

Credit/Debit Card Fraud (NRS 205.760)

This charge is prosecuted as a category D felony. If convicted a person can face:

1-4 years in prison
Pay a fine up to $5,000 and pay restitution to the victim

Fraud (NRS 465.070)

Gaming fraud is very serious in the State of Nevada. If convicted of a first time offense, a person is charged with a category C felony. If convicted a person can face:

1-5 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If convicted of gaming fraud a second time, a person is guilty of a category B felony. The penalties for this charge are:

1-6 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

Foreclosure Fraud (NRS 645F.430)

If a person is found guilty of foreclosure fraud, it is a gross misdemeanor. The penalty for this crime includes:

Up to 364 days in jail
A fine up to $50,000 and pay restitution to the victim

If a person is found guilty of foreclosure fraud, it is a gross misdemeanor. The penalty for this crime includes:

Up to 364 days in jail
A fine up to $50,000 and pay restitution to the victim

Identity Theft (NRS 205.463)

The most serious offenses of identity theft are prosecuted as a category B felony. If convicted, a person can face:

3-20 years in prison
Pay a fine up to $100,000 and restitution paid to the victim

Lesser forms of identity theft, such as possession of a fake ID to drink or gamble and possessing false identification to establish a fake identify, carry penalties including:

Up to 6 months in jail
A fine up to $1,000 and pay restitution to the victim

Penalties for Theft in Nevada

Petit Larceny (Petty Theft) (NRS 205.240)

If it is the first offense, it can be argued that the case be dismissed in exchange for restitution, a fine, and mandatory classes on petit larceny. If the State decides to prosecute, this charge is a misdemeanor and punishable by:

Up to 6 months in jail
A fine up to a $1,000 and pay restitution to the victim

Grand Larceny (NRS 205.220)

The State prosecutes this charge as a category D, C, or B felony based on the value of the stolen item or service.

If the value was $1,200 - $5,000 then a person can face a category D felony and penalties that include:

1-4 years in prison
Pay a fine up to $5,000 and pay restitution to the victim

If the value was $5,000 - $25,000 then a person can face a category C felony and penalties that include:

1-5 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If the value was $25,000 - $100,000 then a person can face a category B felony and penalties that include:

1-10 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If the value was more than $100,000 then a person can face a category B felony and penalties that include:

1-20 years in prison
Pay a fine up to $15,000 and pay restitution to the victim

Shoplifting (NRS 205.240)

Shoplifting is considered a larceny charge and the penalties depend on the value of the item stolen from the establishment. If the value of the item is less than $1,200, then a person is charged with petit larceny, a misdemeanor and punishable by:

Up to 6 months in jail
Pay a fine up to a $1,000

If the stolen items are valued at more than $1,200, the state prosecutes this charge as a felony based on the value of the stolen item or service.

If the value was $1,200 - $5,000 then a person can face a category D felony and penalties that include:

1-4 years in prison
Pay a fine up to $5,000 and pay restitution to the victim

If the value was $5,000 - $25,000 then a person can face a category C felony and penalties that include:

1-5 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If the value was $25,000 - $100,000 then a person can face a category B felony and penalties that include:

1-10 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If the value was more than $100,000 then a person can face a category B felony and penalties that include:

1-20 years in prison
Pay a fine up to $15,000 and pay restitution to the victim

Robbery (NRS 200.380)

If convicted of robbery and a person did not use a deadly weapon, a person can face a category B felony and penalties that include:

2-15 years in prison.
Pay a fine up to $10,000 and pay restitution to the victim

Embezzlement (NRS 205.300)

Embezzlement is another form of larceny, and the penalties depend on the value of the stolen items. If the value of the item is less than $1,200 then a person is charged with petit larceny. If convicted, this charge is a misdemeanor and punishable by:

Up to 6 months in jail
Pay a fine up to a $1,000 and pay restitution to the victim

If the stolen items are valued at more than $1,200, the state prosecutes this charge as a category D, C, or B felony based on the value of the stolen item or service.

If the value was $1,200 - $5,000 then a person can face a category D felony and penalties that include:

1-4 years in prison
Pay a fine up to $5,000 and pay restitution to the victim

If the value was $5,000 - $25,000 then a person can face a category C felony and penalties that include:

1-5 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If the value was $25,000 - $100,000 then a person can face a category B felony and penalties that include:

1-10 years in prison
Pay a fine up to $10,000 and pay restitution to the victim

If the value was more than $100,000 then a person can face a category B felony and penalties that include:

1-20 years in prison
Pay a fine up to $15,000 and pay restitution to the victim

Possession of Stolen Property (205.275)

If convicted of possession of stolen property, a person is facing the same penalties for all other larceny charges. The length of the prison term or size of the fine is based on the value of the stolen items.

Possible Defenses for Unlawful Homicide

Fri, 24 Jun 2022 11:55:11 GMT

Possible Defenses for Unlawful Homicide Need to be Presented by a Homicide Lawyer

Serious police investigations can produce a lot of evidence and documents which must be reviewed by defense counsel when putting together possible defenses for homicide. Building a solid defense can be a daunting task. Consulting with an experienced homicide lawyer is highly recommended to achieve a favorable outcome.

Some Possible Defenses for Unlawful Homicide and Murder

Defendant Acted in Self-Defense

A defndeant acts in self-defense if the danger was so urgent that in order to save their own life, or to prevent great bodily harm, the killing was necessary and the person killed was the assailant. A murder conviction can be avoided if it can be proven that the defendant was acting in reasonable self-defense.

Killing was Accidental

NRS200.180 is a Nevada law that excuses homicide by misadventure. This occurs when a person is doing a lawful act and without the intent of killing, unfortunately, kills another person.

Defendant was Insane

At trial, the homicide lawyer can present evidence that the defendant was insane at the time of the alleged killing.

Police Performed an Illegal Search

During any murder or homicide case the police perform an extensive investigation. In some cases, the police have performed unconstitutional searches to obtain evidence. If a defense lawyer can show that the evidence was obtained unlawfully, the evidence may be inadmissible at trial. This may get the prosecution to drop the case or reduce the charge due to inadequate proof.

Defendant was Incorrectly Identified

The ability of a witness to recall specific events and people can be called into question at any time during the investigation and trial. A case can be dismissed or beaten at trial if a criminal defense lawyer can show that a witness misidentified the defendant.

Insufficient Evidence

There is an incredibly high standard to prove guilt beyond a reasonable doubt. Sometimes there isn’t enough evidence to prove a case beyond that standard. If a homicide lawyer can demonstrate through investigation, lack of evidence, and cross-examination any weaknesses in the prosecution’s case, the defendant may be acquitted because the prosecution failed to meet its burden.

Tips to Reduce Anger and Improve Communication Before the Relationship Turns to Domestic Violence

Thu, 19 May 2022 12:32:00 GMT

A Relationship Turns to Domestic Violence When Anger and Poor Communication Take Over

Getting angry at your partner is not the end of a relationship. In fact, anger is actually healthy . It is an emotion that lets you know that there is an issue. If handled improperly, your anger can become the issue. Getting angry can be a time for growth, both personally and as a couple. Taking the time to acknowledge anger and talk about it is crucial to this growth. When a couple lets their anger stew, or communicates poorly, potentially the relationship turns to domestic violence. All too often one or both of the people involved in a relationship turns to violence as a result of unprocessed or misunderstood anger.

Signs of Increased Anger and Poor Communication

5 Tips to Reduce Anger and Improve Communication Before the Relationship Turns to Domestic Violence

1. Calm Yourself Before Confronting Your Partner

Take a moment to calm yourself and think about what is making you upset. Engaging in a heated discussion will get your partner to respond with just as much anger and a resolution may become impossible.

2. Own Your Anger

Your anger is your own. It is telling you something about yourself. The anger might be directed at your partner but it is a reflection of something you don’t agree with. You can have valid complaints about your partner’s actions, but the emotions you use are yours to control. Approach topics that upset you with a calm demeanor to have a better chance of achieving a mutual resolution.

3. Use “I” Statements and not “You” Statements

How you express your emotions and ideas has a big impact on the resolution of the situation. To begin the conversation, use “I” statements and let your partner know how you feel. For example, say “it upsets me that you spend so much time at the bar” instead of saying “why do you spend so much time at the bar?” or “you spend all your time at the bar.” “You” statements are very accusatory and can put someone on the defensive, potentially derailing the entire conversation.

4. Make Sure to Listen and That You are Heard

Conversations about what makes you angry are not a debate or a competition. Many times, people are trying to win an argument when in reality there are no winners. Focus on listening to your partner. They should be doing the same for you. If you are feeling like you aren’t being heard and the conversation is making you angrier, tell your partner you need a break, calm down, and then come back to the conversation.

5. A Compromise or Mutual Resolution Needs to be the Goal

Both parties should walk away agreeing on an understanding. Often, this will be a compromise that both parties agree on. It is at this point in the process that real growth can happen. Many couples feel closer to each other after a resolution is reached.

Jesse Kalter is Available if the Relationship Turns to Domestic Violence

Reading about how to control your anger is completely different than having to control and process your anger. It’s a known fact that those closest to you can make you the angriest. Express your anger in a healthy way by communicating and not turning to violence. But, if you do find yourself in a situation where you or someone you know has gotten violent and been charged with domestic battery, call a lawyer immediately. Jesse Kalter has the experience and knowledge to effectively fight domestic battery charges . He regularly has these charges reduced, completely dismissed, or obtains “not guilty” verdicts for his clients. He is available to serve the people of Reno , Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If Your Relationship Leads to Domestic Battery Charges , Get Legal Help Fast
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips to Reduce Anger and Improve Communication Before the Relationship Turns to Domestic Violence appeared first on Jesse Kalter Law .

How to Identify the Signs of Long Term Pandemic Trauma and How to Help

Thu, 12 May 2022 12:32:00 GMT

The Signs of Long Term Pandemic Trauma are Very Similar to PTSD

After several months into our fight against CovID-19, long term pandemic trauma has begun to set in for many. The pandemic has taken more from Americans than anyone ever could have anticipated. Some people lost their jobs, some lost their homes, and others lost loved ones. The pandemic has torn families apart and no one is sure where America will come to rest. Living in uncertain times like these has elevated everyone’s level of stress.

According to an article published on Kaiser Family Foundation , about 4 in 10 adults in the U.S. have reported symptoms of anxiety or a depressive disorder. This is up from one in ten adults who reported these symptoms from January to June 2019.

Signs of Long-term Pandemic Trauma

There are several signs of this trauma that people can experience, such as:

Everyone responds differently to this kind of stress. More and more Americans have been turning to violence. In the U.S., police departments have reported increases in domestic violence around the country. According to the American Journal of Medicine , since the pandemic began domestic violence is up 18% in San Antonio, 22% in Portland, and 10% in New York City.

According to an article in the NY Times , murder has also risen at the fastest rate since the FBI began tracking the rates in the 1960s.

How to Help with Long Term Pandemic Trauma

Recognizing the symptoms of long term pandemic trauma is the first step in healing. Here are a few more steps to take to help someone suffering from long term pandemic trauma.

1. Provide Social Support

It’s important to be patient and don’t pressure anyone. Do normal things with them and let your loved one take the lead. Educate yourself on long term pandemic trauma and, above all, manage your own stress.

2. Be a Good Listener

Someone may need to talk about their trauma or stress many, many times. They may also say things that are difficult to hear. Remember, it’s their feelings and fears and you just need to let them talk.

3. Rebuild Trust and Safety

Express your commitment to the relationship by creating routines and minimizing stress. Speaking of the future, making plans, and keeping your promises are all steps you will need to make to rebuild trust and create a safe environment.

4. Anticipate and Manage Triggers

Discovering triggers will take time, but once they’ve been uncovered it will be easier to help someone heal. You may have to experience the result of a trigger before you can properly identify something, or someone, as a trigger. However, it is very important to have this conversation and what needs to be done to avoid a person’s triggers.

Jesse Kalter is Available if You’re Facing Charges as a Result of Long Term Pandemic Trauma and Stress

Long term pandemic trauma and stress can spiral into a series of poor choices and bad decisions. If you are facing domestic violence or other charges because of the pandemic, you may need the assistance of an experienced defense attorney. Jesse Kalter is knowledgeable in all areas of criminal law. He has won his clients countless not-guilty verdicts for many types of charges, including DUIs , domestic violence, and drug charges. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Long-term Pandemic Stress Doesn’t Have to End in Jail Time
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post How to Identify the Signs of Long Term Pandemic Trauma and How to Help appeared first on Jesse Kalter Law .

Nevada Crimes that Can’t be Sealed

Fri, 24 Sep 2021 21:30:00 GMT

Nevada Crimes that Can’t be Sealed Include Crimes Against Children, Sex Crimes, and Felony Drunk Driving

Record sealing in Nevada is the legal act of permanently closing your criminal record. It will not be visible to the public or to law enforcement. As a result, you are free to report on a job application, or background check, that you have not been convicted of that crime. This is the equivalent of a record expungement. However, the state of Nevada does not offer expungement (this would mean that the records are destroyed). The state of Nevada does not destroy records, but rather seals them. However, there are several crimes that can’t be sealed. Due to the nature of the crime, or the victim involved, the state of Nevada has listed out several crimes that can’t be sealed.

The Following is a List of Nevada Crimes that Can’t be Sealed

Crimes Against Children (Persons under the age of 18)

If you have been convicted of any of the following crimes, or been convicted of attempting any of these crimes, your record is not eligible to be sealed.
• Kidnapping (unless you are the child’s parent or guardian)
• False Imprisonment (unless you are the child’s parent or guardian)
• Involuntary Servitude (unless you are the child’s parent or guardian)
• Child Sex Trafficking
• Child Prostitution

Sex Crimes

If you have been convicted of any of the following crimes or been convicted of attempting any of these crimes, your record is not eligible to be sealed.
• Sexual Assault (of any person of any age)
• Sexual Abuse of a Child
• Open or Gross Lewdness (if punishable as a felony)
• Lewdness with a Child
• Indecent Exposure (if punishable as a felony)
• Statutory Sexual Seduction
• Battery with Intent to Commit Sexual Assault (upon any person of any age)
• Child Pornography
• Incest
• Necrophilia (sexual penetration of a human corpse)
• Luring a Child or Person with a Mental Illness (if punishable as a felony)
• Administering Controlled Substances to a Person (to enable them to commit one of the crimes on this list)
• Sexual Conduct Between Certain School Employees of Volunteers and a Pupil
• Sexual Conduct Between Certain College of University Employees and a Student

Felony Drunk Driving or Drugged Driving

You must be convicted of one of the following crimes to be ineligible for record sealing.
• Third DUI in Seven Years
• DUI that Resulted in Substantial Bodily Injury or Death
• Any other DUI Conviction That is a Felony

Invasion of the Home with a Deadly Weapon Pursuant to NRS 205.067

A home invasion occurs when a person forces their way into another person’s home, whether the homeowner is there or not. If you are caught invading another person’s home and you are in possession of a deadly weapon, then your record cannot be sealed. According to NRS205.067, it doesn’t matter whether the homeowner was home or not.

Is There an Appeals Process for Nevada Crimes that Can’t be Sealed?

There is no legal process to appeal record sealing for any of the crimes listed above. However, if you have been charged with a crime that cannot be sealed and then it gets dismissed, you can pursue a record sealing petition immediately.

Jesse Kalter has Sealed Countless Nevada Criminal Records

Sealing your record is a lengthy and involved process. If you don’t follow protocols correctly, your petition can be denied, and you will have to wait two years from the date of the denial of the previous petition before reapplying. Consulting with an experienced record sealing attorney is the best way to simplify this process. Jesse Kalter can ensure that everything will be filled out correctly the first time. He has helped countless Nevadans seal their records efficiently, discreetly, and permanently. He is available to serve the people of Reno, Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

You Still Have a Chance to Defend Against Nevada Crimes that Can’t be Sealed
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Nevada Crimes that Can’t be Sealed appeared first on Jesse Kalter Law .

The Difference Between Sexual Harassment and Sexual Assault in Nevada

Tue, 14 Sep 2021 21:28:00 GMT

Sexual Harassment and Sexual Assault in Nevada are Both Punishable Offenses

Sexual harassment and sexual assault in Nevada are both considered unwanted, uninvited sexual behavior. Both actions are personal violations against another person that can physically, emotionally, and psychologically harm them. Sexual harassment and sexual assault can be a one-time incident or can occur over time with multiple incidents. These criminal offenses are gender-neutral and normally happen between people who know each other.

The similarities between sexual harassment and sexual assault in Nevada end there. Nevada law defines sexual harassment and sexual assault very explicitly. There are differing amounts of jail/prison time and fines associated with both.

What is Sexual Harassment in Nevada?

Sexual harassment in Nevada is a form of discrimination and can also be a crime. Sexual harassment violates US law under Title VII of the Civil Rights Act of 1964. Examples are unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature.

Sexual harassment as discrimination at work is not a violation of the criminal law under many circumstances and the police will not immediately get involved. Instead, the Equal Employment Opportunity Commission (EEOC) will launch an investigation if the company has more than fifteen employees. A complaint must be filed as soon as the incident occurs. The EEOC must launch an investigation before the case can be filed in federal court.

The EEOC defines sexual harassment as either “quid pro quo” behavior or a hostile workplace. Quid pro quo in this context occurs when something is given in return for a sexual favor. This can be a promotion, for example. It can also occur when an employee rejects a boss’ sexual advances and is fired or demoted. A hostile workplace occurs when unwelcome verbal or physical conduct unreasonably interferes with the victim’s ability to do their job or creates an offensive or intimidating job environment. Harassers have been terminated, fined, and even banned as a result of EEOC investigations.

In the state of Nevada, the victim is not always the person being harassed but can be anyone affected by the workplace. Some sexual harassment claims have arisen from complaints against casino clients.

Criminal Sexual Harassment and the Penalties

Sexual harassment can be charged as a crime in Nevada for peeping while in possession of a recording device (NRS 200.603) and if convicted, carries a sentence of up to a year in jail and $2,000 in fines. Stalking (NRS 200.575) also can be a form of a sexual harassment crime and, if convicted as a first offense, carries a sentence of up to 6 months in jail and/or $1,000 in fines. Harassing someone with threats (NRS 200.571) can be another form of criminal sexual harassment. If convicted as a first offense, a person can be sentenced up to 6 months in jail and/or $1,000 in fines.

What is Sexual Assault in Nevada?

NRS 200.366 states that sexual assault is engaging in penetrative sexual intercourse with someone, or forcing another person to penetrate someone, who does not consent or is incapable of consenting. The police are immediately notified after an incident has been reported. The State of Nevada prosecutes sexual assault as a Category A felony and, if convicted, a person can serve up to a life sentence in Nevada State Prison and have lifetime registration as a sexual offender. The minimum time to even reach the Parole Board is 10 years in a case involving an adult victim.

Sexual assault includes rape, sodomy, or other unwanted sexual penetration that is aggravated, abusive, and not consensual. The attempt to commit any of these acts is also punishable with up to 20 years in Nevada State Prison.

Jesse Kalter is Ready to Defend Your Freedom from Criminal Sexual Harassment or Sexual Assault Allegations

Sexual assault allegations are taken very seriously in Nevada. Prosecutors push for maximum penalties to ensure victims can feel safe knowing their attackers are behind bars. Fighting against these allegations takes the knowledge of an experienced sexual assault lawyer . Jesse Kalter has been representing the people of Northern Nevada accused of sexual assault allegations for more than fifteen years. He has a proven track record of earning clients “not-guilty” verdicts or having the cases completely dismissed. He is available to serve the people of Reno , Sparks, Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Sexual Assault in Nevada is a Serious Criminal Charge Requiring a Serious Defense
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post The Difference Between Sexual Harassment and Sexual Assault in Nevada appeared first on Jesse Kalter Law .

How to Respond to Police When You Have Drugs in Your Car

Fri, 03 Sep 2021 09:25:00 GMT

There are Only Four Scenarios Where the Police Can Legally Look for Drugs in Your Car

Most people believe that the police have a right to search their vehicle any time they are pulled over for a traffic stop. This is false. The police can only legally search a person’s vehicle in four circumstances. If they do search your vehicle, and it is not under one of these circumstances, it is a violation of your 4 ^th Amendment rights. Contact an experienced criminal defense attorney immediately if this occurs.

1. The Police Have Probable Cause

The police can search a vehicle if during a traffic stop, they see illegal drugs or contraband in plain sight or if a trained drug detection dog alerts that there are illegal drugs present in the vehicle. If the police have probable cause that illegal drugs are in the vehicle, they do not need a warrant to search a vehicle.

2. The Driver Consents

If the police ask and the driver consents, then the police can legally search the driver’s vehicle, including the trunk, engine, or any other area.

3. The Police Have a Search Warrant

If the police have obtained a search warrant, they can search a vehicle. The driver does not have to give consent if a warrant has been obtained for drugs.

4. The Police are Doing an Inventory Subsequent to arrest

The police sometimes impound a vehicle after charging someone with a DUI or making an arrest of the driver of a vehicle. Before the car is towed and impounded, the police may inventory the contents of the vehicle. This is a legal procedure and does not require a warrant to search the vehicle.

How to Respond to the Police If You Have Drugs in Your Car

Do Not Try to Escape

As soon as a police officer flashes their lights, you should slow down and begin looking for a safe place to pull over. Remain in your car and wait for the police officer to come to you. Getting out of your car or speeding away will give the officer just cause to charge you with evading arrest. Hopefully, all the officer will do is give you a speeding ticket or a warning and send you on your way.

Keep Your Hands Where the Officer Can See Them

Putting your hands in your pockets, under the seat, or reaching for the glove compartment while an officer is still approaching the vehicle gives them pause for concern. Many officers will report that they saw a furtive movement and were worried the driver might have a weapon. This is one of the most common reasons police officers use to search a vehicle.

Be Polite to the Officer

Speaking politely with an officer and showing respect has a better chance of keeping the police from searching your car than acting aggressive. However, being polite does not mean that you should answer yes if they ask if you have anything illegal in the car.

Do Not Allow the Police to Search Your Car

The police must acquire consent from the driver before they can search a vehicle, or they must have probable cause or a search warrant. If they are asking to search your vehicle, you can and should refuse to let them search your vehicle. It doesn’t matter what threats are made, do not allow them to search your vehicle. Officers are not allowed to extend the normal length of a traffic stop to retrieve a K-9 or a warrant.

Do Not Admit to Anything

If the police do have probable cause, search your vehicle, and find drugs in your car, do not admit to anything. The police are building a case against you to hand over to the prosecutor. Remain silent when it comes to having knowledge of the drugs, where they came from, or even what the drugs are. It is the police’s job to affirmatively link the drugs to you and prove your intent with them.

Jesse Kalter has Defended Hundreds of Defendants with Drug Possession Charges

The police have a strict set of procedures to follow when searching someone’s car. They don’t always follow it. Drugs that are obtained illegally by the police cannot be admitted as evidence in a Nevada court against you. Jesse Kalter has the experience and knowledge to effectively fight these charges . He has earned his client’s numerous “not-guilty” verdicts over the span of his legal career. He is available to serve the people of Reno , Sparks, Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Did the Police Find Drugs in Your Car?
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post How to Respond to Police When You Have Drugs in Your Car appeared first on Jesse Kalter Law .

Consequences for Selling Marijuana on the Street in Nevada

Sun, 22 Aug 2021 21:19:00 GMT

There are Still Big Consequences in Nevada for Selling Marijuana on the Street

Nevada has been one of the model states for recreational marijuana in legislation, regulation, distribution, and sales. However, there are still many people illegally selling marijuana on the street in Nevada. The “marijuana black market” is still active. One reason for the black market is the number of dispensaries in Nevada is allocated based on population. There are 106 licensed marijuana dispensaries in Nevada–80 in Las Vegas, 20 in Reno, and 4 in Carson City. That means the rest of Nevada has two dispensaries.

Just because marijuana is being sold on the street does not mean it is legal. You will be charged with a felony If you are caught selling marijuana and you are not a licensed dispensary.

Consequences for Adults Selling Marijuana on the Street

The state generated more than $110M in marijuana tax and administration fees. To protect this ever-increasing income, the state legislature wrote harsh penalties for people intending to sell or selling marijuana on the street.

First Time Offense Marijuana Possession with Intent to Sell

Second Time Offense Marijuana Possession with Intent to Sell

Consequences for Minors Selling Marijuana on the Street

Possession of marijuana by anyone under the age of 21 is an illegal offense. Anyone under the age of 18 will be prosecuted in juvenile court. The proceedings are very different there. In order to prove a juvenile was selling marijuana on the street, it must be proven that the juvenile intended to sell the marijuana to another person. Other evidence is taken into consideration as well, including the amount of drugs found in the juvenile’s possession and past criminal record.

The penalties for possession of drugs in juvenile court vary and can include:

Jesse Kalter has an In-Depth Understanding of Nevada Drug Possession and Sales Laws

There are several arguments to use when defending against drug sale charges, such as entrapment. The police could lack credibility, or the police may have performed an illegal search. If you or someone you know is facing these kinds of charges , contact Jesse Kalter. His relentless pursuit of justice has earned him countless “not-guilty” verdicts. His legal expertise has led to cases being completely dismissed. He is available to serve the people of Reno, Sparks, Carson City, Fallon , Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Accused of Selling Marijuana on the Street?
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Consequences for Selling Marijuana on the Street in Nevada appeared first on Jesse Kalter Law .

How to Get Your Nevada Record Sealed from Out of State

Mon, 12 Jul 2021 19:51:00 GMT

You Can Still Get Your Nevada Record Sealed from Out of State

Having a criminal record can impede you from getting a job, renting a home, or qualifying for certain state and federal programs. The state of Nevada does not automatically seal criminal records. Once a record is sealed, it will not show up on a criminal background check and you can lawfully declare in a job interview, or under oath, that you do not have a criminal record. Even if you have left the state of Nevada, you can still petition to have your criminal record sealed.

5 Steps to Have Your Nevada Record Sealed from Out of State

The steps to sealing a criminal record in the state of Nevada are very detailed and time-consuming. It is highly recommended that if you are engaging in this process you should retain the assistance of a qualified record sealing attorney .

Step 1: Obtain Your Criminal History Record

A verified copy of your criminal history record can be obtained from the Nevada Department of Public Safety . They have up to 45 days to provide it to you once properly requested. You should contact this department directly at (775) 684-4556 or go to the Nevada Department of Public Safety’s public records request website to find out what information is required from you to process your request, such as fingerprint cards and cashier’s checks. You can obtain fingerprint cards at the local sheriff’s department. It is important to remember that there are fees associated with these documents. Be sure to ask how much they are and who they need to be paid to.

Step 2: Complete the Petition

You must complete the petition in full and then sign it in front of a notary to be accepted by the Court for record sealing. File the petition and the required documents from your criminal record with the Court. There is a filing fee that must be paid at the time of the filing. Have multiple copies available, so that you will have a file-stamped copy for your records.

The petition must contain:
• Date of arrest
• Arresting agency
• Agency case number
• Original charges under which the petitioner was arrested
• Charges formally charged
• Date and charges of which the petitioner was eventually convicted, or acquitted, or which were dismissed

The petition must be filed within 30 days of receipt of the criminal history records. It must contain a current verified copy of the petitioner’s criminal history from the Nevada Department of Public Safety.

Step 3: File the Petition to Seal Record with the Court

Along with the Petition to Seal Record, you must also provide the Court with the proposed Order to Seal Records. You will need to provide as many copies of the Order to Seal Records as needed to notify all agencies that will be sealing their records of you. Ten copies are the recommended number. Remember, once the record has been sealed you will not be able to get any more copies.

Step 4: Judge’s Approval

Once the court receives all the necessary petitions, a hearing date will be set. It is a good idea to have representation at this hearing. If no one from the State opposes the Petition to Seal Record, then it will be left solely to the judge to decide whether the record should be sealed.

Step 5: Distribution of Order to Seal Records

Once the judge approves the Order to Seal Records, the Court will produce certified copies of the Order and mail them to the petitioner. It is then the responsibility of the petitioner to distribute the copies to any agencies or organizations that might have a copy of the criminal record on file. The petitioner must also present a blank “return” for the agency or organization to fill out and return to the Court to prove compliance with the order.

Jesse Kalter can Get Nevada Criminal Records Sealed on Behalf of Out of State Petitioners

As a result of the COVID pandemic, all these steps can now be completed through the mail with your attorney. The difficulties arise when you have questions. You are free to call the agencies listed above, but you may spend more time on hold than talking to a real person. If you are out of state and sealing your Nevada criminal record, the easiest way to complete the task is to hire a knowledgeable record sealing attorney. Jesse Kalter has successfully petitioned the court on behalf of countless out-of-state residents with Nevada convictions to have their records sealed. His expertise has helped hundreds of people seal their past criminal convictions forever. He is available to seal criminal records in Reno , Sparks, Carson City, Fallon , Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Get Your Nevada Criminal Record Sealed From Out of State.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post How to Get Your Nevada Record Sealed from Out of State appeared first on Jesse Kalter Law .

How a DUI Affects Your Commercial Driver’s License in Nevada

Mon, 05 Jul 2021 15:45:00 GMT

A DUI Affects Your Commercial Driver’s License, Even If You’re Driving Your Personal Vehicle

Commercial drivers are the lifeblood of Nevada. They are truckers and bus drivers that support almost every aspect of daily life. As a commercial driver, you know how important your work is, and that you are also held to a higher standard than non-commercial drivers. You probably already know that you will be charged with a DUI if you are caught behind the wheel of a commercial vehicle with a blood alcohol content (BAC) of .04 or greater.

You may not know that if you are charged with a DUI in your personal vehicle, and your BAC is .08 or greater, your personal license and your commercial license will both be suspended. In the state of Nevada, a DUI conviction carries a suspension of a minimum of 90 days for your personal and one year for your CDL. These same rules apply if you are caught driving under the influence of drugs or marijuana.

How to Keep Your Commercial Driver’s License after a Personal DUI

There are several defenses that can be used to beat a DUI:

These defenses with the help of an experienced DUI lawyer might get you out of criminal charges.

However, to get your commercial driver’s license returned, you must also win your administrative DMV hearing. The DMV hearing is like a mini-trial where you, or your lawyer, fight the license suspension. This hearing is different from a Court trial because there is no prosecutor trying to prove your guilt. It is held before a hearing official who can revoke your license based on very little evidence. You must win the Court case and the DMV hearing to retain your commercial driver’s license. Winning one, but not the other will still result in a suspension or revocation.

Jesse Kalter is a Knowledgeable DUI Lawyer

Being convicted of a DUI affects your job, your income, and your relationships with those around you. Even after the fines are paid or the time is served, a DUI has far-reaching career consequences. Obtaining another commercial driver’s license may not even be a possibility for at least one year. To avoid trouble now and in the future, you need the assistance of an experienced DUI attorney. Jesse Kalter has the expertise to fight for the best possible outcome in this kind of situation . His tenacious pursuit of justice has earned countless “not-guilty” verdicts and has had other cases completely dismissed. He is available to serve the people of Reno, Sparks , Carson City, Fallon, Fernley, Dayton , Yerington, Douglas County, and all other Northern NV rural counties.

A DUI Affects Your Commercial Driver’s License for Years.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post How a DUI Affects Your Commercial Driver’s License in Nevada appeared first on Jesse Kalter Law .

When Battery Becomes Battery with a Deadly Weapon

Sat, 03 Jul 2021 19:43:00 GMT

Battery Turns into Battery with a Deadly Weapon When Someone Picks Up Any Object That is Capable of Inflicting Death or Substantial Bodily Harm

The state of Nevada says that assault turns to battery when a person uses actual force or violence on another person without their consent. The line where battery turns into battery with a deadly weapon is when the harm to the victim is caused by an object capable of causing death or substantial bodily harm. However, the amount of time a person serves for a conviction and the fines may depend on how much physical harm was done and to whom.

What is Battery in Nevada?

NRS 200.481 defines battery as the willful and unlawful use of force or violence upon another person. Common examples, of battery are:

Different battery situations have different sentences associated with them. If the victim did not sustain bodily harm, or they were not strangled, the battery is prosecuted as a misdemeanor. If convicted, a person could serve up to six months in jail and/or pay up to $1,000 in fines.

If substantial bodily harm, or strangulation, did occur then the battery is prosecuted as a Category C felony. If convicted, a person could spend one to 5 years in prison and pay up to $10,000 in fines.

If the victim was an officer, health care provider, school employee, taxi driver, transit operator, or sports official, and there was no bodily harm and no strangulation, the charge is a gross misdemeanor and carries a sentence up to one year in jail and up to $2,000 in fines. If bodily harm or strangulation did occur, the battery is prosecuted as a Category B felony. If convicted, this charge of a Category B felony carries a sentence of two to 10 years in jail and fines up to $10,000.

What is Battery with a Deadly Weapons?

The state of Nevada defines battery with a deadly weapon as an act of force or violence where the instrument used could cause substantial bodily harm or death if used in the item’s ordinary manner. According to NRS 193.165, any weapon, device, instrument, or material that could cause bodily harm or death can be considered a deadly weapon. If someone commits a battery with such an instrument, they will be charged with battery with a deadly weapon.

If a deadly weapon was used and no bodily harm occurred, then the battery is prosecuted as a Category B felony. This charge carries a sentence of two to ten years in prison and fines up to $10,000. If substantial bodily did occur, and someone is convicted, then this Category B felony carries two to fifteen years in prison and a fine up to $10,000.

What are Examples of a Deadly Weapon in Nevada?

The state of Nevada considers the following instruments to be deadly weapons:

Jesse Kalter Can Defend Your Freedom Against Battery with a Deadly Weapon Charges

There are several defenses that can be presented against battery charges. The incident could have been an accident. The defendant could have been defending themselves, or they were falsely accused. Each of these has the possibility of defeating a battery charge. To get the best possible outcome, these kinds of charges need to be defended by an experienced assault and battery lawyer. Jesse Kalter has spent over 15 years defending Northern Nevadans from charges like these. His pursuit of justice has earned his clients countless “not-guilty” verdicts and has had other cases completely dismissed. He is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Charged with Battery with a Deadly Weapon?
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH? ®

The post When Battery Becomes Battery with a Deadly Weapon appeared first on Jesse Kalter Law .

What You Can Expect After Your Spouse or Significant Other is Arrested for Domestic Violence

Tue, 27 Apr 2021 01:12:00 GMT

Having Your Spouse or Significant Other Arrested for Domestic Violence in Nevada is a Serious Offense

All too often what was supposed to be a simple conversation turns into a shouting match. Tempers flare and, one way or another, the police have arrived to put an end to the fight. As they drive away with your spouse or significant other in the back of the squad car, you’re left thinking, “It wasn’t supposed to end like this.”

However, this is only the beginning. From here the State of Nevada will begin the process of prosecuting your spouse or significant other for domestic violence. Even if you come forward and try to drop the charges, the district attorney is required to prosecute the case if they believe the evidence supports guilt.

What You Can Expect After Your Spouse or Significant Other Has Been Arrested for Domestic Violence

Arrest and Booking

If the police determine that domestic violence has occurred, they must arrest who they believe is the primary aggressor. Your spouse or significant other will be arrested and placed in the back of the squad car. From there, they will be taken to jail where they will be fingerprinted, photographed, and DNA may be collected. After this, they will sit in a holding cell for a minimum of 12 hours before being eligible to make bail.

The Arraignment

The arraignment hearing is held within the first 48 hours of being arrested if your spouse or significant other remains in custody. At this hearing, your spouse or significant other:

Steps You Can Take to Help Reduce the Charge or Dismiss the Case

Contact a Qualified Domestic Violence Attorney

There are several defenses for domestic violence charges. However, building a good defense against these charges takes an in-depth understanding of the law. To get the best possible outcome it is highly recommended to seek the assistance of an experienced domestic violence lawyer.

Do Not Recant Your Statement without a Lawyer

The initial instinct of someone in a situation like this is to immediately take back what they said to police following the incident. This can reflect poorly on your spouse or significant other and you can be charged for falsifying a statement. If you wish to change or amend your statement, then you should first contact your lawyer .

Follow your Attorney’s Advice at All Stages of the Proceeding

Following the direction of your attorney is the best way to make sure that what you say is used to benefit and not make things worse. Everything you say is carefully scrutinized and can be used against you and your spouse or significant other, so it is in your best interest to vet everything with your defense attorney first. Your behavior after the arrest will also be monitored. It too can be used as evidence of aggravation by the prosecution.

Jesse Kalter is Ready to Fight for Your Spouse or Significant Other’s Freedom

If your spouse or significant other is convicted of domestic violence, it could have several negative long-lasting effects on your family. Jesse Kalter has been representing the people of Nevada for the better half of two decades. His tenacious pursuit of justice has earned his clients countless not-guilty verdicts and he has had hundreds of cases completely dismissed. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Your Argument Doesn’t Have to End in Your Spouse of Significant Other Becoming a Convicted Criminal
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post What You Can Expect After Your Spouse or Significant Other is Arrested for Domestic Violence appeared first on Jesse Kalter Law .

My College-Age Child Has Been Charged with a DUI!

Sat, 24 Apr 2021 01:06:00 GMT

If Your College-Age Child is Convicted of a DUI , They Could be Facing Severe Consequences

College is a time for many young adults to spread their wings, expand their education, and enjoy their first tastes of independence. Many enjoy this newfound freedom responsibly, but there are some that overindulge in the wrong areas. Excessive partying, drug use, and other illicit activities can lead to run-ins with the police. One of the more common charges college-age adults face is a DUI. If your college-age son or daughter has been charged with a DUI then they could be facing severe consequences from the law and from their school, including expulsion. There are several steps as a parent that you can take to help your college-age child who’s been charged with a DUI.

Steps to Take That Can Help Your College-Age Child with Their DUI Charge

1. Educate yourself about Nevada DUI laws and penalties .

If convicted of a first offense DUI, your child can serve from 2 days up to six months in jail and pay up to $1,000 in fines. Their license will be revoked for 90 days and they will be required to attend an alcohol awareness program. With a second DUI, the penalties are much more severe. They include ten days to six months in jail and up to $1,000 in fines. Their license will be suspended for a year. A mandatory alcohol dependency evaluation is conducted as well, which they will be ordered to comply with on a second DUI.

2. Understand the long-term consequences of a DUI that your college-age child faces.

The negative impacts of a DUI can last for decades after someone has completed their sentence. Admission or readmission into college is one of them. Many colleges now investigate an applicant’s criminal background. A survey cited in the 2019 AACRAO report found that 70% of four-year colleges require applicants to report criminal history and 81% of private colleges ask about criminal history. This doesn’t mean your child won’t get into college with a DUI conviction. It is just going to be more difficult. Another difficulty that comes from a DUI conviction is attaining employment. Many people with a DUI conviction find it more difficult to obtain jobs. Employers view these DUI convictions as a red flag for immaturity and reliability concerns.

3. Research the possible defenses of a DUI .

The following are just a few possible DUI defenses.

No Probable Cause – The prosecution must prove there was probable cause to pull over your college-age child unless the stop is part of a DUI checkpoint. If there was not probably cause to stop your child for some traffic offense, this may lead to a solid defense.

Faulty Testing Equipment – If it can be proven that test equipment was faulty or not timely calibrated then reasonable doubt can be cast on the case.

Margin of Error of the Test Results – There is a certain margin of error associated with each DUI evidentiary test and what is acceptable by the standard of the law. This applies to both evidentiary breath and blood tests.

Delay in the Evidentiary Test – If law enforcement fails to obtain an evidentiary breath or blood test within 2 hours of your child being in control of the vehicle, this can also lend to a solid defense.

4. Hire an experienced DUI attorney .

If you want to receive the best possible outcome for your college-age child, it is highly recommended to hire an experienced DUI lawyer. Building a solid DUI defense is a detailed and extensive process. There are multiple avenues that need to be pursued and some can only be accessed by a lawyer.

5. Research recovery programs.

Getting to the root cause of the DUI can help prevent it from happening again. But just because your college-age child has been charged with a DUI, doesn’t mean they should be rushed off to Alcoholic Anonymous (AA). There are varying degrees of alcohol use , and not all of them require the strict evasive measures associated with AA. There are other options and programs for people with alcohol use problems, such as professional recovery coaches who use evidence-based tests and measures to diagnose, assess, and reduce relapses.

Jesse Kalter is Ready to Fight for Your College-Age Child’s Freedom

Facing a DUI is a very stressful time in any person’s life. People in these situations want to feel supported by their friends and family. As a parent of a college-age child facing a DUI charge, the best way you can help them is by providing the most experienced and professional legal assistance available. Jesse Kalter has earned countless not-guilty verdicts in the defense of DUI cases and has had hundreds of cases reduced or completely dismissed. He is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Build the Best DUI Defense Possible For Your College-Age Child’s Future
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post My College-Age Child Has Been Charged with a DUI! appeared first on Jesse Kalter Law .

Pandemic Trauma and the 2020 Crime Rate

Sat, 20 Feb 2021 01:33:00 GMT

The Stress of Pandemic Trauma Has Crime Rates on the Rise

The coronavirus ravaged the U.S. over 2020. Americans have been living under some form of “shelter in place” orders for nearly a year. As a result, people have lost their jobs, the economy has shuttered, and hospitals have been overrun. Some families have had to move in with relatives, while others have had to turn to their cars or homeless shelters. The safety net that many Americans felt over their lifetimes has been stripped and, even with a vaccine currently being distributed, returning to “normal” may not happen soon.

Many Have Developed PTSD as a Result of Pandemic Trauma

In an interview with Healthline Dr. Julian Lagoy defined PTSD trauma “as being exposed to a traumatic event, such as a sexual assault, war, a car accident, or child abuse. However, the current COVID-19 pandemic has qualities that qualify as a traumatic experience as it takes a physical and emotional toll on many people.”

A key indicator of PTSD is that a person has come to view the world as dangerous. This is a fear that has been realized in many Americans over the last year. Dr. Lagoy went on to say, “Some people during this pandemic feel more on guard or unsafe, have an increase in negative thoughts and feelings, and have problems with sleep and concentration — also symptoms of PTSD trauma.”

The best way to resolve this kind of anxiety is to talk it through with a licensed psychiatrist or psychotherapist. Yet, because of the pandemic, many people are scared to make an in-person appointment. Others just aren’t comfortable discussing these topics and would rather bottle it up.

The risks of untreated trauma can include:

Unprocessed Pandemic Trauma Manifested Correlated With a Higher Crime Rate in 2020

According to FBI data , violent crimes, robberies, aggravated assaults, and car thefts were all higher, as compared to the same time the year before.

Many other Americans turned to drugs and alcohol as a way to process trauma. The use of both has seen a very large spike, including the number of drug overdoses.

Jesse Kalter is Ready to Help Nevadans Recover from 2020

Many Americans have handled this pandemic trauma exceptionally well. But, whether due to a loss of a job, a loss of a home, or the loss of a loved one, others have not. Everyone processes trauma differently and if those choices have resulted in criminal charges, then you may need the help of an experienced attorney. Jesse Kalter can help you recover your life and get things closer to normal. Whether you are facing charges for theft, DUI , drug possession , public intoxication, aggravated assault, domestic violence , or homicide , Jesse Kalter is ready to fight for your freedom. His expert understanding of the judicial system has resulted in countless not-guilty verdicts, reduced charges, and complete dismissals. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Pandemic Trauma is Tough, But it Doesn’t Have to be the End.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Pandemic Trauma and the 2020 Crime Rate appeared first on Jesse Kalter Law .

Options for Avoiding a DUI Conviction in 2021

Tue, 16 Feb 2021 01:32:00 GMT

Avoiding a DUI Conviction is Possible, Even After a New DUI Arrest

2020 was a difficult year for a lot of Nevadans. Some lost their jobs, others lost their homes, and some lost loved ones. When New Year’s Eve came, everyone was ready to leave 2020 behind. While the festivities were relatively peaceful, police across Nevada have reported multiple DUI arrests since then.

Starting 2021 with a DUI conviction will make rebounding from the pandemic very difficult. A DUI conviction inhibits a person’s ability to work, by taking away their license and requiring regular check-ins or classes. There are also fines which must be paid and can put people further behind financially. Of course, there is also the possibility of jail time as well.

Alternatives to a DUI Conviction

A DUI conviction is just one possible outcome of a DUI arrest. However, during the case there are several possibilities that can be explored to help avoid a DUI conviction.

Reduction in Charges

Negotiations can take place before a trial between the prosecutor and defense attorney. Behind closed doors, strengths and weaknesses of the case are analyzed and information is exchanged which could lead to a reduction in charges. The prosecutor may decide to reduce the charge to reckless driving or another lesser traffic charge.

Dismissal

If the prosecutor can’t prove that a person was intoxicated behind the wheel of a vehicle on a public roadway, then the charge could be dismissed. Judges could also throw out a case if the evidence has been tampered with.

Take the Case to Trial and Win

There are multiple defenses for a DUI that can be discussed with a DUI lawyer. A solid defense can be assembled with witnesses, experts, and/or evidence. When presented at trial by an experienced DUI trial lawyer, they can return a not-guilty verdict.

Possible Defense for a DUI Arrest

The Police Improperly Stopped Someone

The fourth amendment requires that the police have a valid reason to pull you over. The officer must prove probable cause to make the stop. A DUI checkpoint or roadblock are exceptions to probable cause requirements.

Police Administered the Field Sobriety Test Improperly

Most police officers will use the horizontal gaze nystagmus (HGN) test. In this test, a police officer will use a penlight and shine it into your eyes to detect involuntary eye movements. If a lawyer can prove that the officer is not an expert in the HGN test, or they have not been properly trained, the evidence could be discredited.

Breathalyzer Test Provided Inaccurate Results

A breathalyzer takes many chemical factors into account when establishing someone’s blood alcohol content. There are extraneous factors, such as vomiting, indigestion, and residual “mouth alcohol,” that can affect the test. An expreienced DUI lawyer can investigate if the test was properly calibrated and performed.

Blood Test Did Not Follow Proper Protocols or the Chain of Custody Requirements

There is a very strict set of protocols for administering a blood test and transferring it for testing for a DUI in Nevada. Blood results can be considered tainted and inadmissible if these protocols are not followed.

Evidentiary Test was Not Performed in Time

For there to be a per se presumption of DUI, the blood or breath test must be administered within two hours of the driver being in actual physical control of the vehicle.

Involuntary Intoxication

If a person unknowingly drank alcohol, like a “spiked punch bowl” at a party or had a drug slipped into their drink, then there may be grounds for an acquittal.

Jesse Kalter Fights for Your Freedom from DUI Convictions

Facing a DUI charge is a difficult and stressful time in any person’s life. Even if you know all the options for avoiding a DUI conviction, it is still not a good idea to represent yourself in court. The procedures involved in checking evidence takes the knowledge of an experienced DUI attorney. Jesse Kalter has gotten countless DUI charges reduced or dismissed. His tenacious pursuit of justice has earned the freedom of thousands of Nevadans. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Start the New Year Off Right by Avoiding a DUI Conviction
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Options for Avoiding a DUI Conviction in 2021 appeared first on Jesse Kalter Law .

Ways Doctors Can Disprove Domestic Violence Allegations

Wed, 27 Jan 2021 22:14:00 GMT

Medical Doctors Provide Vital Insight When Defending Domestic Violence Allegations

In every domestic violence case, the burden of proof falls on the State. Even if you are innocent, once the charges have been filed, the State of Nevada must take over the case and prosecute it . Therefore, you will want to put together a case that shows the domestic violence allegations are false. If there is physical harm, the prosecution may call on its own examiners to review any evidence and testify. This may be a medical doctor, or someone qualified to explain any medical records surrounding the event. Or, it may be law enforcement to testify the injuries are consistent with the allegations

If this occurs, you may want to consider finding a doctor to testify on your behalf. There are several factors that medical doctors can review and testify on to reinforce your case. However, it is not advised to contact medical professionals on your own before you have a good lawer. In a situation like this, it is highly recommended that you contact an experienced domestic violence lawyer to defend you.

Two Defenses Against Domestic Violence Allegations Which Doctors Can Reinforce

No Visible Marks

In some domestic violence cases, the victim will claim internal or external bodily injury. This often means that the alleged victim’s injuries required medical treatment or possibly there was serious impairment of a physical condition. Bodily injuries also include the impairment of any bodily member or organ. Even though the victim did seek medical attention after the incident, that is not sufficient by itself to be considered a serious bodily injury.

An experienced domestic violence lawyer will often have a physician review all the medical records of the alleged victim. This medical doctor may be able to identify and testify that the injuries were not consistent with the alleged form of battery. It is possible this kind of testimony may lead to a “not guilty” verdict. It could also convince the prosecutor to file. Lesser charges relating to the incident, or reduce the domestic battery charge.

Self-Inflicted Wounds

The lies of vengeful dating partners and angry relatives are some of the leading reasons for false domestic violence allegations. In some cases, people actually self-inflict wounds to reinforce their allegations. This can include hitting, scratching, or cutting themselves. Other alleged victims will intentionally run into doors or will strike themselves with heavy objects.

Showing this kind of evidence is false requires the expertise of a domestic violence attorney. A case like this requires a full evaluation and review of the case. Medical doctors can be called on your behalf to review the documented medical evidence and distinguish between genuine injuries and self-inflicted ones. The prosecution’s evidence may be shown to be too weak or inadequate to support a guilty verdict, and as a result, the charges may be dropped or a “not guilty” verdict rendered.

Jesse Kalter is Ready to Fight Your False Domestic Violence Allegations

Having a medical doctor review the evidence is just one step in building a strong case to defend domestic violence allegations . Witnesses still need to be identified and their testimony reviewed. Jesse Kalter has the expertise and resources to begin collecting vital evidence to defend your innocence. His pursuit of justice has earned his clients countless “not guilty” verdicts and complete dismissals. He is available to assist the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Contact an Experienced Domestic Violence Lawyer to Fight False Allegations
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Ways Doctors Can Disprove Domestic Violence Allegations appeared first on Jesse Kalter Law .

The Impact of a DUI on a Child Custody Case in Nevada

Sun, 24 Jan 2021 21:14:00 GMT

The Impact of a DUI on a Child Custody Case Can Be Devastating

If convicted, the impact of a DUI on a child custody case could be detrimental. Judges always rule in favor of the parent that can provide the child with the safest and most stable upbringing. This is determined after an in-depth look at each parent’s financial situation, criminal backgrounds, and relationships to their children. If a parent is charged or convicted of a DUI, a judge will review the charges. It could be proven that this reckless behavior could have a negative impact on the child. This could have devastating effects on how much time a parent gets to spend with their child.

The Impact of DUI on a Child Custody Case in Nevada

A DUI can have a significant impact on a child custody case but it will not automatically take someone’s child away. There is one major factor that a judge will review when ruling on child custody. The judge will want to know if the child was present at the time of the DUI arrest.

If someone was arrested for DUI without their child present, there is a better chance of it not becoming a large factor in the judge’s decision. If a person was arrested for DUI and their child was present, then reckless and irresponsible behavior can be attributed to the person by a judge. A judge must take this into consideration when ruling on the final custody arrangement, and best interest of the child.

A DUI is an indicator of irresponsibility, recklessness, and poor judgment. It may give the court all the evidence needed to take away or reduce someone’s custody rights. The other parent may also change their request from joint custody to primary or even sole custody, as the result of a DUI charge or conviction. If the custody case has already been resolved, then the other parent can request a modification to the previous custody order as a result of a DUI.

Previous DUIs Can Impact Child Custody Case

It is almost certain that if a parent has previous DUIs it will be brought up in the child custody proceedings. The parent will need to prove that they do not have an addiction, nor do they pose a threat to the safety of their child.

If a parent has multiple DUIs on their record, it can be convincing evidence that an addiction is present and they do pose a threat to their child. This could potentially lead to the other parent securing the custody of the child.

Jesse Kalter Can Beat a DUI Conviction to Ensure Child Custody Won’t be Impacted

A DUI is not always a deal breaker in child custody battles, but it will always have a negative impact on the case. Even a first time DUI can be detrimental to a child custody case. These cases require the experience of a proven DUI lawyer to beat or reduce the charges, so it doesn’t affect the child custody case. Jesse Kalter has fought and won numerous not-guilty verdicts for DUI cases. His tenacity for the law has had countless other DUI cases completely dismissed or reduced. He is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other NV rural counties.

Don’t Let a DUI Impact Your Child Custody Case
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post The Impact of a DUI on a Child Custody Case in Nevada appeared first on Jesse Kalter Law .

Tips for Managing Your Holiday Emotions and Avoiding Domestic Violence Charges

Tue, 15 Dec 2020 22:56:00 GMT

Managing Holiday Anxiety and Anger is the Best Way to Avoid Domestic Violence Charges

The 2020 holiday season is unlike any other in American history. COVID has many Americans already stressed to their limit. Couple this pandemic stress with the most contentious election ever and it can have your emotions running high. Getting together with family, whether virtually or in person, and planning for the holidays might be the tipping point that gets you to do something you may regret. Identifying and managing these emotions can be difficult, but it is the best way to successfully enjoy this holiday season.

5 Tips for Managing Your Emotions This Holiday Season

1. Acknowledge Your Feelings

Life is very different this holiday season. Your holiday traditions may not be the same as they have been. You may have lost a loved one, or you may be unable to see family in person. It’s okay to be upset about this. Taking the time to acknowledge your feelings is the first step to successfully processing them. You don’t have to put on a happy face and power through this holiday season. Don’t try to bury your feelings. This could have you erupting over every little thing and even engaging in an activity that you will regret.

2. Discuss Your Feelings

If you are feeling anxious, depressed, or even angry this holiday season, reach out to someone. You can connect with family and friends via text message, phone call, or video chat. Talking through your feelings and having them validated can keep you from feeling overwhelmed. If you don’t feel comfortable discussing these topics with family and friends, then talking to a counselor or psychiatrist can be just as effective.

3. Adjust Your Holiday Expectations

Your family holiday doesn’t have to be the same as last year. In fact, chances are that it most likely won’t be. There is no need to force am ideal holiday this year. So much has changed in the last twelve months that it is a good idea to open yourself up to new holiday possibilities and traditions. Your plans are going to look different this year, but that doesn’t mean you shouldn’t be celebrating them.

4. Say No or Opt-Out

You know what is best for you and your family. If you are already stressed and anxious about life, then there is no reason for you to add anymore. Saying no to holiday requests or opting out of activities is okay during this season (and any other for that matter). Your family and friends will understand if you explain to them how you feel. It’s better to be upfront and honest than build up resentment because you couldn’t say no.

5. Set Aside Differences or Compromise

Your mother is still going to be your mother, and if your brother and sister have been fighting for ten years then they aren’t going to stop for the holidays. Family arguments and disagreements are one of the biggest stressors for people around the holidays. Everyone has an opinion and they rarely coincide with each other. Keeping this in mind and setting aside your differences can go a long way to helping everyone enjoy the holidays. Compromising on things like where the holidays take place and who is making what dish is another way to keep the peace when you get together with family. Avoiding contentious topics would also be very wise this year.

Jesse Kalter is Available to Fight Domestic Violence Charges

Avoiding domestic violence charges doesn’t always happen, no matter how well you manage your emotions. It only takes one wrong comment or one poorly timed action to get someone mad enough to start an altercation. If you, or someone you know, has been arrested for domestic violence, contact Jesse Kalter today. His experience and knowledge of the law has won countless not-guilty verdicts. He has also had hundreds of domestic battery cases completely thrown out. He is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Despite Your Best Efforts, It’s Not Always Possible to Avoid Domestic Battery Charges
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips for Managing Your Holiday Emotions and Avoiding Domestic Violence Charges appeared first on Jesse Kalter Law .

Reductions in Nevada Record Sealing Wait Time

Sat, 05 Dec 2020 00:11:00 GMT

Talk to Jesse Kalter to See if You Qualify for the Reductions in Nevada Record Sealing Wait Time

Getting life back together after a criminal conviction is incredibly important. The new reductions in the Nevada record sealing wait time can make this process easier and faster. The statutory wait time for Nevada record sealing has hindered many people from returning to a normal life. With a criminal conviction on their record, it is difficult to get a job or acquire housing.

The Nevada legislature recognized that many people who are sealing their records have already taken major steps to improve their lives and have committed to being law-abiding citizens. So as part of AB237 , they decided to reduce the statutory wait time for many felonies and misdemeanors. This means that those who have been convicted can have their records sealed faster and return to life without a conviction looming over their head.

New Statutory Wait Time to Seal a Nevada Record with a Felony

Category A Felony

Two types of category A felonies have had their record sealing wait time reduced from fifteen years down to ten. They involve a crime of violence under NRS 200.408 and burglary under NRS 205.060.

Category B, C, and D felonies

The wait time for all Category B felonies has been reduced to five years down from fifteen. All Category C and D felonies have had their wait time reduced to five years down from twelve.

Category E Felony

The wait time for a Category E felony has been reduced to two years down from seven.

New Statutory Wait Time to Seal a Nevada Record with a Gross Misdemeanor

Gross Misdemeanor

The reduction in Nevada record sealing wait time has dropped to two years for a gross misdemeanor down from seven.

New Statutory Time to Seal a Misdemeanor

The following misdemeanors have had their record sealing wait time reduced to two years:

*All other misdemeanors have been reduced to just one year

Felonies and Misdemeanors Not Affected by AB237

There are several crimes that were not affected by the reductions in Nevada criminal record sealing wait times. They are:

Jesse Kalter has Helped Hundreds of Nevadans Seal Their Records

While these new laws are designed to help people get their life back on track, there is still one big roadblock. The prosecuting attorney retains the right to contest the record sealing and the judge deny it. It is not a good idea to represent yourself if this occurs. If someone wants to have the best possible outcome when it comes to sealing their record, they need the experience of a knowledgeable lawyer. Jesse Kalter has been sealing Nevadans’ records for almost 2 decades. He has helped hundreds of people achieve the final step to getting their life back. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Take Advantage of the New Reductions in Nevada Record Sealing Wait Times
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Reductions in Nevada Record Sealing Wait Time appeared first on Jesse Kalter Law .

Avoiding Family Conflicts during the 2020 Holiday Season

Sat, 21 Nov 2020 00:00:00 GMT

Avoiding Family Conflicts this Holiday Season Can Save You from a Domestic Violence Charge

Most families can’t wait to get together and enjoy each other’s company over the holidays, but for many Nevadans, the holidays mean added anxiety and stress. With the holidays come extra shopping, extra cooking, and extra bills. These factors can cause stress in a normal year, but compound them with what has happened in 2020 and it may have many people feeling helpless, defeated, and even aggressive.

2020 has brought forth a disease that has wrecked the American economy with historic unemployment levels and killed more than 250,000 people already. The country has seen new levels of systemic racism and civil unrest like never before with protests that have continued on for weeks and even turned violent. The politics of America are also being tested in ways that Americans never thought possible. All of this has come together to create a very tense holiday season. If you and your family are going to be drinking at holiday gatherings, tempers could flare and the situation even could turn violent.

5 Tips for Avoiding Family Conflicts During the 2020 Holiday Season

Opinions are going to vary widely across all your family members as you sit down to the holiday dinner table. There’s no reason to make a difficult situation even worse by calling uncles, aunts, and extended family derogatory names or fighting with them just because of an off-handed political comment. It’s better to take a moment and remember why you decided to spend the holidays with everyone to begin with instead of going to jail for getting into a physical altercation.

1. Don’t raise your voice.

Whether you are right or not about a particular topic, you should never raise your voice. Raising your voice will only get the other family member to do the same. Tempers can quickly escalate if shouting is the only way you are communicating with someone.

2. Listen to the other side.

You don’t have to agree with what your family believes, feels, or even says, but if you want to keep the peace this holiday, you do have to listen to them. America was founded on freedom of speech. Let them speak, but if you feel like it is a topic you might become upset about you might want to avoid speaking.

3. Talk about your feelings before you get angry.

You know what your triggers are. You can feel your body begin to shake with rage if someone even mentions them. If this begins to happen, it is better to let the other party know that you are beginning to get upset about the conversation. You can ask to steer it in a new direction but be sure to verbalize your feelings before the situation escalates into a physical altercation.

4. Walk away from the conversation.

There may be times when your family members will not respect your opinion, ideas, or feelings. They may continue to talk about the same subject just because it makes you upset or because they are intoxicated. If you have voiced your objection to the conversation and they won’t stop, then you should just leave. You can leave the room, the house, or even get in your car and go home.

5. Limit your drinking.

Excessive drinking often leads to reduced inhibition and aggressive personalities. People feel more free to express themselves, regardless of the consequences. These kinds of situations usually end up with someone getting upset and, in some cases, physical violence can result. Violence should never be implored to end a conversation or conflict. Limiting your drinking is one of the best ways to avoid these situations.

Jesse Kalter is an Experienced Domestic Violence Lawyer Who is Ready When You Need Him

If tempers do flare at your family gathering and you are not able to avoid a conflict with someone in your family, you may now be facing domestic violence charges . Do not try to defend yourself in court. If you want the best possible outcome, you need the experience and knowledge of a skilled domestic battery lawyer . Jesse Kalter has won countless not-guilty verdicts and has had several hundreds of cases dismissed. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Avoiding Family Conflicts Can’t Always Happen
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Avoiding Family Conflicts during the 2020 Holiday Season appeared first on Jesse Kalter Law .

Tips for Avoiding Wrongful Domestic Violence Accusations

Thu, 29 Oct 2020 01:48:00 GMT

Wrongful Domestic Violence Accusations Need an Experienced Lawyer

Domestic violence is a serious crime. Being accused of domestic violence charges can destroy a person’s reputation, finances, and their future. If someone is convicted of domestic violence charges, they can be stripped of their home and custody of their children on top of serving jail time.

With such serious criminal and social implications, it’s no wonder that many people use domestic violence allegations as a means to an end. Women and men are quick to use these charges for several reasons.

Reasons for wrongful domestic violence accusations include:

Women have had a long hard struggle against domestic violence. As a result, most people are quick to except that when a someone accuses their spouse of domestic violence, they are telling the truth. This is especially true for police officers and district attorneys.

Wrongful domestic violence accusations and charges can be defeated. Consulting with an experienced domestic violence lawyer is the most important step to achieving a favorable outcome.

4 Tips for Avoiding Wrongful Domestic Violence Accusations

1. Watch for early warning signs

People who tend to use false allegations have certain personality traits and characteristics in common. Typically, these people are emotionally unstable and/or vindictive. They will have a constant track record of emotional outbursts, public and private, and constant and aggressive demands for attention. They can also have a history of lashing out when things don’t go their way and tendencies towards jealousy. If this is something you’ve noticed about your spouse or partner, it is best to consult with an attorney and ask for advice about moving forward.

2. Confide in Friends and Family

The next step, after speaking with an experienced domestic violence attorney, is to begin talking with family and friends you trust. This trust is the most important support system that will help you through difficult times. If an erratic pattern has emerged in your partner and they are threatening to go to the police, tell your friends and family what is happening. They are most likely not going to get involved but they will continue to trust you.

3. Keep Login Credentials Private or Change all Your Login Credentials

An emotional and vindictive partner will go to some great lengths to plant evidence. If they get their hands on your cell phone or business computer, they could post things on social media or send emails that could be damning to you. They could claim you were flirting with someone else or even provide threatening emails they sent to themselves from your accounts. If you suspect your partner is going to wrongfully accuse you of domestic violence, change all your login credentials or make sure they are kept private.

4. Gather evidence and witnesses

The more evidence you can gather, the stronger your case will be. The only way to overcome the emotional subjective testimony of someone accusing you of domestic violence is with concrete evidence and facts. Record conversations, fights, and emotional outbursts. Keep a journal and outline each interaction including the date. Talk to friends and family who have witnessed any interactions. You may also want to check if they would stand as a witness if needed. Always save texts, voicemails, and the like from your significant other who is acting erratic.

Jesse Kalter Fights for Your Freedom from Wrongful Domestic Violence Charges

Standing against domestic violence charges, even if they are wrongful domestic violence charges, is a difficult thing to do by yourself when overcoming the accusations takes real legal experience. In order to get the best possible outcome, you need to get the assistance of an experienced domestic violence lawyer . Jesse Kalter has a successful track record of getting wrongful domestic violence charges dismissed, with and without a trial, and getting his clients back to their lives. He is available to serve Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Defeat Wrongful Domestic Violence Accusations With an Experienced Domestic Battery Lawyer
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips for Avoiding Wrongful Domestic Violence Accusations appeared first on Jesse Kalter Law .

Changes to Nevada Drug Trafficking Laws

Wed, 14 Oct 2020 23:10:00 GMT

Big Changes to Nevada Drug Trafficking Laws Took Effect July 1, 2020

Governor Steve Sisolak signed several bills into law last year that have just taken effect. Among them was Assembly Bill 236 ( AB236 ). This piece of legislation made big changes to Nevada drug trafficking laws and drug possession laws. It also improved how criminals will be treated and promotes earlier parole for lower level offenses. This change is aimed to reduce recidivism and save the state of Nevada $550 Million over the next decade. The largest of all the criminal reform changes in this bill was the changes to Nevada’s drug trafficking laws.

What is Considered Drug Trafficking in the State of Nevada?

According to Nevada Law, NRS 453.8835 , a person can be charged with drug trafficking if they knowingly or intentionally sell, manufacture, deliver, or bring into the state particular quantities of flunitrazepam, gamma-hydroxybutyrate, or any DEA schedule I drug, except marijuana.

Under the previous Nevada Revised Statute 453.3385 , a drug trafficking charge was prosecuted as a Category B felony if a person was caught with an amount between four grams and twenty-eight grams of a schedule 1 controlled substance. It was prosecuted as a Category A felony for any quantity larger than twenty-eight grams. 4 to 14 grams carried 2 to 15 years mandatory prison. 14-28 grams carried 2 to 15 years mandatory prison. Over 28 grams carried a mandatory minimum of 10 years in prison.

Revisions and Changes to Nevada Drug Trafficking Laws

The change to Nevada drug trafficking laws revised the criteria for what is considered a Category A or B felony drug trafficking charge. There used to be three classifications of drug trafficking charges, based on the weight and kind of drug, as discussed above. According to the new law drug trafficking laws, there are now only two classifications for drug trafficking of Schedule I drugs, except marijuana. The two classifications are now called low-level trafficking and high-level trafficking. Weight is the only determining factor between the two. It doesn’t matter what schedule I drug is being trafficked.

Low-Level Drug Trafficking

If the quantity of schedule I drugs is 100-400 grams, the crime is prosecuted as low-level drug trafficking and as a Category B felony. If convicted, a low-level drug trafficking charge carries a penalty of two to twenty years in prison with a fine up to $100,000.

High-Level Drug Trafficking

Any quantity of schedule I drugs that weighs more than 400 grams is prosecuted as high-level drug trafficking and as a Category A felony. If convicted, a high-level drug trafficking charge carries a sentence of life or 25 years in prison, both with the possibility of parole after ten years and a fine up to $500,000.

Jesse Kalter is an Experienced Drug Trafficking Defense Attorney

These changes to Nevada drug trafficking laws come at an unprecedented time. While they do relax what constitutes a trafficking offense, it does not mean you won’t be prosecuted to the fullest extent of Nevada law. If you, or someone you know, is facing low-level drug trafficking or high-level drug trafficking charges , experienced and knowledgeable help is available. Jesse Kalter is available to provide assistance day or night. His unfaltering pursuit of justice has earned countless clients “not-guilty” verdicts and had other cases completely dismissed. Jesse Kalter is available to serve Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A Drug Charges Lawyer Ready to Answer Questions About Changes to Nevada Drug Trafficking Laws
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

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New Nevada Laws and Penalties for Use and Possession of a Controlled Substance

Thu, 08 Oct 2020 02:10:00 GMT

New Laws Pertaining to Use and Possession of a Controlled Substance Took Effect July 1, 2020

Stopping the unlawful use and possession of controlled substances is nothing new for law enforcement. It has been a costly mission for police to pursue. It has also financially overburdened the state’s penal system. The old laws punished repeat offenders with harsher and harsher sentences. This has made the incarceration rate skyrocket over the past 4 decades. In response to these growing concerns, Governor Steve Sisolak signed AB236 into law.

This unprecedented step in criminal justice reform was aimed at minimizing recidivism and saving the state of Nevada $550 million dollars in prison costs over the next decade. One of the ways it aims to do this is by reclassifying the categories for the unlawful use of controlled substances and the unlawful possession of controlled substances.

New Law Pertaining to Unlawful Use of Controlled Substances Schedule I, II, III, IV, and V

According to NRS 453.411 , it is unlawful for a person to knowingly use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription. Under the pre-existing laws any person caught under the influence of a DEA schedule I, II, III, or IV controlled substance was charged with a Category E felony. If convicted, a Category E felony has a sentencing guideline of one to four years in prison. Any person caught under the influence of a DEA schedule V controlled substance was charged with a gross misdemeanor. If convicted of a gross misdemeanor, a person could serve up to a year in jail and/or pay up to a $2,000 fine.

New NRS 453.411 treats anyone charged with being under the influence of a controlled substance as a misdemeanor, regardless of the DEA schedule. If convicted of a misdemeanor, the sentence for a person can vary from community service to mandatory participation in a drug rehabilitation program. Rarely is there jail time if convicted of a misdemeanor, like this. The minimum penalty for a misdemeanor is 6 months in jail and/or a fine of $1,000.

New Law Pertaining to Unlawful Possession of Controlled Substances Not for Sale Schedule I, II, III, IV, and V

The biggest criminal justice reform in AB236 was the law pertaining to unlawful possession of controlled substances not for sale. Under the pre-existing law, a first and second offense for a person caught in possession of a DEA schedule I, II, III, IV, or V drug was prosecuted as a Category E felony, and a third offense was prosecuted as a Category D felony. If convicted, a person could have served one to four years and pay a fine up to $5,000.

Under the new NRS 453.336 , there are now low-level, middle-level, and high-level unlawful possession of controlled substances. Each level is based on the DEA schedule and amount of the controlled substance. For a first or second offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than fourteen grams or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than twenty-eight grams, a person will be charged with a Category E felony. Previously four to 14 grams was considered “drug trafficking” and was a Category B felony with a mandatory prison sentence of one to six years. 14-28 grams was a Category B felony with a mandatory 2 to 15 years of prison. Lastly, any amount over 28 grams (or one ounce) was a Category A felony and carried either 10-25 years or 10 to life in prison.

However, according to NRS 176.211 , the court will defer judgment of possession of less than 14 grams upon the consent of the person. That means, if a person is charged with possession of less than 14 grams of a controlled substance, they receive mandatory diversion. This is a legal term that means the sentence will be suspended pending the completion of drug rehabilitation classes or programs. If successful, the case gets dismissed and even sealed. A third offense of a low-level unlawful possession of controlled substances is still charged as a Category D felony but can carry up to a $20,000 fine.

For a first or second offense of low level unlawful possession of a controlled substance, a person will be charged with a Category C felony. This occurs if the controlled substance is listed in schedule I or II and the quantity possessed is fourteen grams or more but less than twenty-eight grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is twenty-eight grams or more but less than two hundred grams.

The mid level unlawful possession of a controlled substance is charged when the amount is 28-42 grams of a schedule I or II drug or 28-200 grams of a schedule III, IV, or V drug. This will be a Category B felony, punishable by one to 10 years in prison and a fine up to $50,000.

The high level unlawful possession of controlled substances carries the most severe punishment and is tried as a Category B felony for a first or second offense. A person is charged with this crime if the controlled substance is listed in schedule I or II and the quantity possessed is forty-two grams or more but less than one hundred grams. If convicted, a person can serve two to fifteen years in prison and pay a fine of up to $50,000.

Jesse Kalter Understands the New Unlawful Use and Possession of Controlled Substance Laws

Use and possession of controlled substances are charges that prosecutors and judges take very seriously. In an effort to clean up the streets of Nevada, they are prepared to ask for and pass down the tough sentences for these crimes. Even though AB236 was written to reduce the number of inmates, prison time is often still a possibility. To attain the best possible outcome for unlawful use or possession of a controlled substance it is recommended to hire a skilled and experienced criminal defense attorney . Jesse Kalter is an experienced lawyer who holds a successful track record of not-guilty verdicts and getting cases completely dismissed or reduced. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Don’t Face Use and Possession of Controlled Substances Charges Alone
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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Tips for Protesting Safely to Avoid Assault or Disturbing the Peace Charges

Wed, 09 Sep 2020 20:54:00 GMT

Protesting Safely and Peacefully is the Best Way to Get Political Reform

Thousands of Americans have been peacefully protesting police brutality and racial discrimination for the last few months. They are all well within their rights to do so, but some are not protesting safely. While these gatherings are permitted by the Constitution, police are quick to make arrests and squelch any kind of violence. They are arresting many people for battery, property damage, and disturbing the peace. So, here are a few safety tips and a list of supplies you will want to consider if you are going to join this national movement for reform. Believe in the cause, let your voice be heard, but don’t let it end with you going to jail.

Tips for Protesting Safely

1. Remember What is Considered Assault

According to Nevada state law, battery is defined as any kind of intentional physical touching, including punching, pushing, burning, kicking, slapping, stabbing, throwing an object at, poisoning, biting, or pulling an object out of the alleged victim’s hand. So, if you feel compelled to throw something on someone, including water, it is considered battery. Pulling the baton out of a police officer’s hand for any reason is considered battery.

2. Watch for Signs of Physical and Mental Exhaustion Among Those Around You

As soon as you can identify it, start calming anyone down who is exhibiting any kind of panicked behavior. It is important to be mentally prepared for the kind of long-term commitment a protest requires, not everyone is. The act is physically and emotionally grueling. Emotions can arise within a crowd and you may experience a myriad of feelings, such as joy, anger, or sadness.

3. Document Everything

One of the best ways to defend yourself against an assault or battery charge while protesting safely is to film or write down all police actions, brutality, and injuries you may have suffered. If you do have to interact with the police, always stay calm and keep your hands visible. If you can, without reaching into your pocket, film the interaction as unobtrusively as possible as a safeguard. It’s also a good idea to make a plan with a compatriot to film interactions if they are not involved. If you can’t get any film, immediately write down the officer’s badge number or physical characteristics.

4. Make a plan

It is essential to have a plan if the situation escalates. Pick a spot for your group to meet if you become separated for a predetermined amount of time. You should have a few spots picked out in case one becomes blocked by police, along with multiple routes to get to these spots.

5. Don’t Drink and Protest

Throughout a protest, it is important to remember why you are there. A protest is not a party. It is the right of the people to demand political and social change in mass. Do not bring alcohol to these events. First, drinking would undermine what is trying to be accomplished. Secondly, you are more likely to engage in aggressive and destructive actions if you are drunk. If caught, you could be arrested for assault and battery, and possibly other charges, such as public intoxication.

Supplies You Might Need for Protesting Safely

Jesse Kalter is Available Day or Night to Assist with Assault, Battery, or Disturbing the Peace Charges

Protesting safely is the right of every American. However, it can be a difficult thing to do, especially when the local or federal police begin clearing the streets. Tempers can flare, you might find yourself being swept away with the crowd, and the protest might end with you in the back of a squad car. If this does happen to you, or someone you know, contact Jesse Kalter for a full case review. He is an experienced and knowledgeable criminal defense attorney. His tenacious pursuit of justice has earned his clients countless not-guilty verdicts, and he has had hundreds of cases dismissed. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If Protesting Safely Has Gone Wrong, You Need the Help of an Experienced Criminal Defense Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

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Tips for Responsible Summer Drinking and Avoiding a DUI

Wed, 02 Sep 2020 21:14:00 GMT

Summer Drinking is a Good Way to Unwind if You’re Responsible

Relaxing in the sun has become one of the few ways that Americans can safely socially distance themselves and enjoy the summer of 2020. As a result, summer drinking is likely going to be a part of most summer plans. This can be a good way to unwind, but it’s important to remember that drinking accompanied by prolonged sun exposure can be dangerous for just about anyone.

The ways the sun and alcohol affect your body are more similar than you may think. Both can cause dehydration and dilate blood vessels. It’s important to remember your limits and take the necessary precaution before engaging in this kind of summer fun. Driving after a day of these kinds of activities should never be an option, nor should boating and drinking. Always designate a driver for any vehicle on the land or the water.

Summer Drinking and Prolonged Sun Can Have Similar Detrimental Effects

1. Heat Stroke

Summer drinking combined with high temperatures keeps your body from effectively regulating its internal temperature. Heat stroke usually presents itself in 3 phases. The first is heat cramps. This results from the loss of water and sodium. Dehydration sets in as part of the second phase causing heat exhaustion. Lastly, is an actual heat stroke. In this final phase, you could go into shock or organ failure.

2. Dehydration

Dehydration is the direct result of alcohol. It also occurs as your body sweats in response to prolonged sun exposure. Drinking in the hot sun can cause you to lose fluids twice as quickly. Symptoms of dehydration can include dizziness, headache, dry mouth, and nausea.

3. Dilated Blood Vessels

When you overheat, you have the potential to faint. Blacking out could be the result of drinking too much. Both of these are caused by dilated blood vessels. Your body begins to warm up with prolonged sun exposure and your blood vessels begin to dilate. Dilated blood vessels make you more susceptible to fainting if you don’t drink enough water. Drinking alcohol also causes dilated blood vessels and can be exacerbated with prolonged sun exposure.

4. Drowning

Both prolonged sun exposure and drinking can make you achy, weak, and impair your judgment. Whether you are hanging by the pool, floating down the river, or boating, it’s always important to remember proper water safety. Dehydration and dilated blood vessels can increase the potential for accidents and impair your ability to effectively navigate water of any depth. You might lack the necessary coordination and energy to stay afloat or run the risk of passing out in the water. Always designate someone who isn’t drinking to drive the boat or watch the pool.

4 Tips for Responsible Summer Drinking

1. Drink Lots of Water

As a good rule of thumb, you should be drinking at least one bottle of water per alcoholic drink. It’s a good idea to alternate between the two. Remember, that alcohol will cause more frequent urination and you will dehydrate faster.

2. Eat Plenty of Food

Eating while you’re drinking is a good way to slow your body’s absorption of alcohol. Grains like crackers, bread, and biscuits have shown to absorb the most amount of alcohol. If these are not available, be sure to eat what is available. If you don’t have anything to eat, you might want to consider slowing your alcohol intake to the recommended one drink per hour.

3. Know Your Limits or Count Your Drinks

According to the National Institute on Alcohol Abuse and Alcoholism, a man shouldn’t consume more than four drinks in a day and a woman should not consume more than three . A drink is 12 ounces of beer, 5 ounces of wine or 1.5 ounces of liquor. You might be tempted to continue drinking, especially if you are having fun with a group of friends. Remember you have limits it’s a good idea to count your drinks.

4. Always Designate a Driver, Boater, or Lifeguard

The best way to ensure everyone’s safety it to not drink at all. However, if you are going to drink make sure you have someone who is going to stay sober. In an emergency, response time is crucial, and having someone who isn’t drinking saves lives.

Jesse Kalter Is Ready to Help if Your Summer Drinking Has Resulted in a DUI

Responsible summer drinking can be a lot of fun, but it can turn bad very quickly. Driving after spending a day in the sun drinking can result in severe consequences. If caught by the police, you could lose your license and serve jail time. If you or someone you know has been arrested for a DUI , you will need the help of an experienced DUI defense attorney . Jesse Kalter has a proven track record of tenaciously pursuing justice. He will do everything he can to achieve the best possible result for your case. Jesse Kalter is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Summer Drinking Doesn’t Have to End in a DUI Conviction
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips for Responsible Summer Drinking and Avoiding a DUI appeared first on Jesse Kalter Law .

Staying Safe in Reno While Enjoying the Reopening of Casinos and Some Bars

Sat, 29 Aug 2020 20:40:00 GMT

Safety is Paramount When Returning to Reno Casinos, Restaurants, and Bars

Casinos reopened in Northern Nevada June 5, 2020. With the pandemic still looming, it’s important to focus on staying safe in Reno. Northern Nevadans couldn’t be happier to be returning to some of their pre-pandemic past times. However, it’s important that everyone continues to do their part to combat the Coronavirus. The casinos are doing their part. They have installed protective shields, increased cleaning, dirty linens are bagged, and toiletries are now sealed in a plastic bag. You need to be doing your part as well. There are also several steps individuals can take to augment the CDC measures.

Recommended Guidelines for Staying Safe in Reno Casinos, Bars and Restaurants

According to Today.com, there are several steps individuals should be taking when going out in public places .

Drinking Alcohol in Casinos, Bars, and Restaurants During the Reopening

With the lockdown in place, many people have gotten used to consuming alcohol at home. They’ve learned how to regulate themselves and their consumption based on that surrounding. It’s important to remember that things may be a little different once you return to your favorite bar or gambling machine. So, here are a few points to consider when going out.

If You’re Facing a DUI Charge, Experienced Legal Assistance is Available

It is possible to face DUI charges alone, but judges will hold you to the same standard as a seasoned DUI lawyer . In order to ensure the best possible outcome for a DUI charge , you need the knowledge of an experienced DUI attorney. Jesse Kalter’s consistent pursuit of justice has achieved hundreds not-guilty verdicts and had countless other cases completely dismissed. He stands ready to fight for your freedom when you need him. Jesse Kalter is available to serve residents and visitors to Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Facing DUI Charges?
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

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What are Temporary Protection Orders?

Wed, 22 Jul 2020 21:40:00 GMT

It is a Criminal Offense in Nevada to Violate Temporary Protection Orders

A temporary protection order is also known as a “protective order” or a “restraining order” in the State of Nevada. This order is most used in domestic abuse and harassment situations where one party applies for court-ordered protection. They are used to protect the victim and always issued by a judge. They are handed down when the adverse party is accused of violence, stalking, or harassment. A temporary protection order prohibits the accused from:

How is a Temporary Protection Order Granted?

A temporary protection order can be granted based on a victim’s statement or any evidence presented to the court through the application process. If a judge believes the accused may have committed an act of domestic violence or there was a threat of domestic violence, the judge could grant a temporary order without considering any other factor. The accused does not get to tell their side of the story before a TPO is granted. An extended protection order could also be instituted at the final hearing for the case if the judge deems it necessary. However, the accused would certainly have the right to be heard before an extended protection order is granted.

How Long Does a Temporary Protection Order Remain in Effect?

The order only lasts 30 days or until the day of the hearing on whether it should be extended. An extended order is often 6 months to a year. At an extended protection order hearing each party has an opportunity to present evidence and then the judge will rule if an extended protection order should be instituted. Once an extended order is put in place, the individual may no longer possess a firearm while it is in effect.

What Can You Do If You Have Been Served a Temporary Protection Order?

Sometimes waiting for the 30 days to end is not possible. As the respondent or “adverse party,” you have several options you can pursue in a court of law.

You Don’t Have to Face Domestic Violence Charges or Protection Orders Alone

Unlike protective orders, criminal domestic violence charges are handled by prosecutors. To be exonerated, you must show up in court, even if the alleged victim has tried to drop the charges. Jesse Kalter is an experienced domestic battery lawyer with a track record of winning “not-guilty” verdicts or having cases completely dismissed. He is a knowledgeable asset that works diligently to earn the best possible outcome for all of his clients. He also has had countless protection orders thrown out. He is available to serve Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Dissolve Your Temporary Protection Orders With an Experienced Domestic Battery Lawyer
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

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Activities to Help Manage Quarantine Anxiety

Wed, 15 Jul 2020 21:30:00 GMT

Domestic Violence Could Result If You Don’t Manage Your Quarantine Anxiety

Anxiety is the body’s natural response to stress. It is most commonly described as a feeling of fear or apprehension about what’s to come. As a result of the CovID-19 pandemic, nothing can be certain about what is to come. Americans have lost cars, jobs, and loved ones over the last few months. Losing just one of these can cause extreme levels of stress, but many Americans have lost more than one of these.

This is a new level of stress for many people and it can result in anxiety that leads to unhealthy and sometimes violent decisions. So, before you hurt yourself, or someone you care about, take time to focus on yourself and relieve some of that anxiety.

Things You Can Start Doing Now to Manage Quarantine Anxiety

According to Dr. Aarti Gupta, PsyD, the Founder and Clinical Director at TherapyNest, A Center for Anxiety and Family Therapy, one of the toughest things you have to manage is negative thoughts . Between the news, the job market, and new restrictions on every-day life negativity is almost ubiquitous. If gone unchecked, negative thoughts can spiral out of control and take your sanity with them. So, a good way to begin mitigating stress are these three simple things:

Enjoyable and Empowering Activities to Help Forget About Quarantine Anxiety

If you are having trouble trying to figure out how to make the quarantine more interesting, here is a list of activities to get you started.

There are multiple sites dedicated to lists of hundreds of activities to help manage quarantine anxiety . No matter what you decide to do, it’s important to stay calm so things don’t take a turn for the worst.

Jesse Kalter is Available if Your Quarantine Anxiety Gets the Better of You

When anxiety gets out of control, it can lead to yelling, screaming, and possibly some kind of violence. Maybe you threw a phone, punched a wall, or made a gesture that made someone in your house scared, and as a result you might be facing domestic battery charges . You don’t have to face these charges alone. Jesse Kalter is available when you need him and is always ready to fight your freedom. He is an experienced domestic battery lawyer with a proven track record of earning his clients the best possible outcome, including countless dismissals. Jesse Kalter is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Call Today for Experienced Domestic Battery Representation
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Activities to Help Manage Quarantine Anxiety appeared first on Jesse Kalter Law .

Defenses and Penalties for Domestic Battery Charges

Wed, 13 May 2020 23:18:00 GMT

You Are Not Guilty Just Because You’ve Been Charged with Domestic Battery

Domestic battery is defined as unwanted touching between spouses, ex-spouses, past or present dating relationships, and the minor of a child of any of these groups. Many people are also under the impression that bruises or other marks need to be present for domestic battery charges to be filed. This idea couldn’t be more wrong. Any unwanted contact, no matter how light, is considered battery in the state of Nevada. There are several defined acts of aggression that will merit domestic battery charges. These acts can include:

Domestic Battery Penalties Through July 1, 2020

Domestic Battery: First Offense

This is contingent on the fact that there were no deadly weapons, strangulation, or substantial bodily harm was involved.

Domestic Battery: Second Offense

If convicted of a second offense within 7 years:

The outcome of this depends on the fact that there were no deadly weapons, strangulation, or substantial bodily harm was involved.

Domestic Battery: Third Offense

If a person is accused of a third domestic violence charge within a 7-year timespan it is a felony. Penalties include:

Common Defenses Against Domestic Battery Charges

If an injured person goes to the hospital and it looks like domestic violence, the medical personnel must fill out a police report. Accidents are not intentional acts of battery and therefore are a defense.

Sometimes your partner’s actions will warrant the need for you to defend yourself. For this to be a viable defense, you must only use the appropriate force necessary to prevent the immediate threat.

Your partner could be lying about the entire incident. If their story continues to change throughout the proceedings, then a good lawyer will seize on the opportunity to expose that they are lying.

If your partner or accuser has injured themselves but is accusing you, then sometimes an expert witness can be called in to testify how the wounds were self-inflicted.

If you weren’t present for the incident, a good domestic battery lawyer will establish your whereabouts with supporting evidence. If an alibi is available, this is a strong defense.

There are several steps the police must follow when charging someone with domestic battery. If any one of these procedures is missed or abbreviated in some way, the charge could be dismissed. The police must adequately record any interrogations. They must read you your Miranda rights. They are not allowed to question you after you have invoked your right to silence. There must be probable cause to arrest someone and all evidence must be collected during the investigation. All eyewitnesses should be questioned. The police report is one of the first places an experienced domestic battery lawyer will look to begin building a defense case.

Jesse Kalter is Available When You Need Him to Fight Domestic Battery Charges

Domestic battery charges require the assistance of an experienced lawyer. Even if the accuser decides to drop the charges, the District Attorney’s office takes all these charges seriously and they will likely pursue the case regardless. Many times, people accused of domestic battery, even if they are innocent, must go to court to defend their innocence. Jesse Kalter is always available to assist with domestic battery charges. He has the expertise and the experience to fight for your freedom. He has won countless not guilty verdicts, dismissals, and reduced charges. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County and all other Northern NV rural counties.

A Domestic Battery Lawyer Always Ready to Assist
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

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Places to Live if You’ve Been Charged with Domestic Battery and a Temporary No Contact Order is Issued

Thu, 07 May 2020 02:18:00 GMT

If You’ve Been Served a No Contact Order You Most Likely Can’t Go Home

A no contact order is a court-ordered mandate instituted to protect alleged victims from their abusers. Most commonly they are issued in the event of domestic violence situations. When charged with domestic battery in the state of Nevada, you may be charged and then released until your scheduled court appearance. You will have to sign a promise to appear before you are released. This document requires you to appear in court on an assigned date. You may also be served a no contact order while waiting for your court date. This document states that you will not have any contact with the victim. The no contact order is valid through the end of the case if the judge deems it necessary.

A criminal no contact order says you can not contact the victim by any of the following methods:

If you violate a no contact order, consequences can include returning to jail, payment of fines, or loss of certain civil rights. Even if the victim tells you that they have dropped the case, the no contact order is in effect until the judge says otherwise. Do not, under any circumstances, believe that the victim can drop either the case or a no contact order by themselves. It requires the act of a judge.

A List of Potential Places to Live When You’ve Been Given a No Contact Order and Can’t Go Home

If you’ve been charged with domestic battery and served a no contact order, going home likely isn’t an option. It can feel like you’ve been left with nowhere to live, but there are options.

If you are unable to find a place with family and friends or you don’t have the money to stay in a hotel or motel, there are several organizations dedicated to assisting you.

How to Get the No Contact Order Lifted

Jesse Kalter Fights for Your Freedom Against Domestic Battery Charges

Domestic battery charges can’t be dropped by the victim alone. Once the case comes to the district attorney, they are obligated to pursue the case to its conclusion if they believe they can prove it. Even if you are innocent, and the alleged victim wants to drop the charges, you still must show up in court. In order to obtain the best possible outcome, you need to have an experienced domestic battery lawyer by your side. Jesse Kalter is highly experienced in domestic battery law. His continued pursuit of justice has earned countless not-guilty verdicts and gotten other cases completely dismissed. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A Domestic Battery Lawyer Ready to Fight for Your Freedom
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Places to Live if You’ve Been Charged with Domestic Battery and a Temporary No Contact Order is Issued appeared first on Jesse Kalter Law .

Ways to Deal with Coronavirus Stress Before It Turns into Domestic Battery

Sat, 25 Apr 2020 21:01:00 GMT

Recognizing Personal Stress Buttons During the Lockdown Can Prevent Domestic Battery

If you don’t know how to recognize and process your stress effectively it can end terribly with domestic battery charges. Isolation and financial stress are significant contributors to high stress levels. The lack of control every person in America is feeling right now has led to even higher stress levels. The fear of contracting the virus has added even more pressure. If you’ve lost your job, you may even be worried your house is next. The coronavirus has fundamentally changed the way Americans work, eat, and live. Isolation has become a way of life and it is driving many Americans to emotional extremes. While the government says the order is temporary, there is still no end in sight. All of these stress factors have compounded into fights, altercations, and negative situations between spouses and domestic partners. The only way the police know how to resolve a domestic violence situation is to arrest one of the parties involved and that’s the last thing anyone wants for their loved one during a pandemic.

Large Spikes of Domestic Battery Across America

The nation has seen a sharp rise in domestic battery cases in the past few months according to a report by NBC . Cities such as Houston, Charlotte, and Phoenix have seen as much as a 20% increase in the number of domestic battery calls and arrests. Areas such as Cherokee County, South Carolina have seen a 35% increase. Other cities like Boston, Milwaukee, Seattle, San Antonio, Salt Lake City, East Baton Rouge Parish, Buffalo, and Sparks, Nevada reported similar increases, though not as dramatic. According to the Reno Gazette-Journal, calls to Washoe County domestic violence hotline have spiked 64% amid the COVID-19 quarantine. The United Nations refers to this as the “shadow pandemic.”

Ways to Mitigate Stress Before It Turns to Domestic Battert

The stress of the Coronavirus is being felt across the country and around the world, but that doesn’t mean you, or anybody else, needs to respond with violence. There are several techniques that you can implement to help calm yourself down and resolve issues peacefully. The Center for Disease Control offers several good tips to help reduce stress and anxiety during a lockdown.

Another technique you can implement to mitigate domestic battery during stressful times is the Time Out Technique . This technique recommended by the Ananias Foundation has had a high success rate, but it does require some planning. The time out technique must be discussed with your partner before you need it. You must also be able to identify the signs that you are becoming angry.

Here’s how it works. At the first sign of anger, you tell your partner you are taking a time out and leaving. This gives you a chance to focus on your emotions in a safe place. You must tell your partner three things before you leave. One, where you are going. Two, how long you will be gone. Three, you want to hear their point of view and you are going to discuss it when you get back. Respectfully exit the situation and return at the predetermined time or call for extra time if it is needed. During this period of reflection, you should:

Jesse Kalter is an Experienced Domestic Battery Attorney

Facing domestic battery charges can be a scary and disorienting event. There are several steps in the judicial process and if you’re not careful, you could end up making the wrong move. Jesse Kalter has represented hundreds of defendants facing domestic battery charges. His tenacious pursuit of justice has led to countless not-guilty verdicts, dismissals, and reduced charges. If you or someone you know is facing domestic battery charges, you need an experienced attorney to achieve the best possible outcome. Jesse Kalter Law is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A Domestic Battery Attorney Available When You Need One
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Ways to Deal with Coronavirus Stress Before It Turns into Domestic Battery appeared first on Jesse Kalter Law .

Smoking Pot and Looking for a Job in Nevada

Thu, 12 Mar 2020 22:38:00 GMT

If You are Smoking Pot and Looking for a Job in Nevada, You Have Nothing to Worry About

Drug screening has been a pivotal part of hiring qualified candidates since the mid-eighties. Drug tests are common practice across several areas of the job market, including the service industry, construction, office positions and transportation to name a few. If the test said someone had used marijuana, then they were usually passed over for the position. As of January 1, 2020, Nevada has put an end to this practice. If someone is looking for a job in Nevada, they don’t have to quit smoking pot anymore.

The Nevada legislature passed Assembly Bill 132 in June of 2019. It laid out clear rules “prohibiting the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee with certain exceptions.” The exception, in this instance, means that firefighters, EMTs, anyone driving a vehicle, and positions regulated by federal drug screening still must pass a marijuana drug screening. The amendment took effect at the beginning of this year. It does not retroactively apply to any applications submitted before January 1, 2020.

Something to Remember When Smoking Pot and Looking for a Job

This law does protect a candidate from being denied employment if they smoke marijuana. However, once hired they are no longer protected by AB132 and an employer can ask you to submit for additional screening within the first thirty days of employment. Additionally, if an employer suspects that a person is using marijuana during work hours, or may be “high” while working, they can ask that person to submit for additional drug screening. This does not necessarily mean termination. Each company has their own policy in reference to this matter. Human Resources would be able to provide more information. However, despite the change in the law regarding drug screening and the use of marijuana, it is still illegal to drive under the influence of marijuana. This includes driving to and from work with marijuana in your system.

Jesse Kalter Can Help if You’ve Been charged with a marijuana DUI

Recreational marijuana and the laws surrounding it are still fairly new. Not everyone is aware of the changes in the law as it evolves. However, the law is clear that you can be charged with a marijuana DUI if you drive with it in your system. Jesse Kalter has the experience and the knowledge to defend you if you’ve been charged with a marijuana DUI . His relentless pursuit of justice has earned countles non-guilty verdicts and had other cases completely thrown out. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A Marijuana DUI Attorney Available When You Need Him
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
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The post Smoking Pot and Looking for a Job in Nevada appeared first on Jesse Kalter Law .

How to Recognize a Toxic Relationship Before It Turns to Domestic Violence

Thu, 05 Mar 2020 22:26:00 GMT

It’s Not Always Easy to Recognize a Toxic Relationship, Especially If You’re In It

The quicker you recognize a toxic relationship, the better off you will be emotionally and physically. The abuser in a toxic relationship can be difficult to identify in the beginning. They can seem like the perfect partner, but when things don’t pan out the way they anticipate the relationship can become dark. The abusers in toxic relationships often start by using emotional, verbal, and financial threats, manipulation, and abuse. If these kinds of control don’t work, things can very quickly escalate to domestic violence.

Recognizing a toxic relationship is the first step to help someone, or yourself, out of one. Looking past the affection you have for someone and seeing the real them can be challenging but taking the time to recognize this can keep both of you out of jail and out of the hospital. Passive-aggressive behavior turns to verbal arguments that escalate to domestic violence fast. Know the warning signs so you can avoid domestic violence.

5 Ways to Recognize a Toxic Relationship

1. Severe Ups and Downs

One of the biggest indicators that someone might be in a toxic relationship is volatility in their interactions with their partner. If a couple has extremely intense emotional highs and lows and these tend to repeat, most likely the relationship is toxic. Usually, one or both people in the relationship are continuously trying to predict the other’s mood. This unpredictability exhausts a person, elevates stress, and can quickly escalate to domestic violence.

2. Emotional/Psychologic Abuse

In a toxic relationship, one partner will often put the other one down. This can come out in the form of belittling, criticizing, manipulating, or even yelling. Emotional and psychological bullies also like to make jokes that aren’t really jokes. These jokes and comments are used to make the other person feel stupid, inferior, or look as if they are overreacting to a situation. It’s important to keep in mind that healthy comments and jokes make you feel included, while toxic ones will make you feel small and powerless.

3. Passive Aggressive Behavior

When you engage with your partner and they only answer you with one-word answers or they don’t answer you at all, that is a form of passive-aggressive behavior. Passive-aggressive behavior is a very difficult issue to get around because the main resistance is silence. If you and your partner don’t talk, then you’ll never be able to identify the issue that is coming between the two of you. As a result, the relationship can spiral into toxicity and domestic violence very quickly.

4. Regular Unexpected Check-Ins

One of the quickest ways to recognize a toxic relationship is constant unexpected check-ins and phone calls. This occurs when a partner is stopping by the other’s workplace daily, or if they are making multiple phone calls a day to see where the other is, who they are with, and what they are doing. If you allow this kind of behavior to go unchecked, then you may find yourself being told what to wear, who you can go out with, and where you can go. This expectation can become volatile very quickly if you don’t do what is expected, even for innocent reasons. You may find yourself asking for permission to go out with your friends or to see family. This is not a position anyone should be in and domestic violence becomes a real possibility.

5. Becoming Isolated

If you have given into your partner’s demands and constantly find yourself walking on eggshells, then you need to talk to someone you trust. Friends and family will recognize that you are in a toxic relationship long before you will. Maybe your partner has discouraged you from seeing or communicating with them. The real red flag is when you are not reaching out to see your friends and family. When you allow yourself to accept the situation as it is, including passive aggression, psychological abuse, and regular check-ins, then you have almost certainly put yourself at risk of a domestic violence incident.

Accused of Domestic Violence ? Jesse Kalter Can Help

Being accused of domestic violence, whether you are guilty or not, is a difficult situation for anyone. These incidents usually end up being “he said/she said” events and the police can’t really be sure of anything. They may have arrested you when it was your partner who had been the aggressor. Jesse Kalter has the experience and knowledge to make sure you get the best possible outcome for your case. His constant pursuit of justice has earned his clients countless not-guilty verdicts and he has gotten countless other cases thrown out without there ever being a trial. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

End a Toxic Relationship and Contact A Domestic Violence Attorney When You Need Him
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
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The post How to Recognize a Toxic Relationship Before It Turns to Domestic Violence appeared first on Jesse Kalter Law .

Don’t Say Anything if You’re Being Arrested for Domestic Battery

Thu, 13 Feb 2020 00:23:00 GMT

Anything You Say Can, and Will, be Used Against You in A Domestic Battery Case

Police are trained to treat domestic battery calls as high-priority or life-threatening situations. As a result of this, even if the victim cancels the request for police assistance, they will still come to check on you. As soon as they walk in the door, they begin collecting evidence. Observations, photographs, and statements are all part of this process. Ask any domestic battery lawyer and they will tell you that during this time silence is the best thing you can do for yourself.

Many people want to explain their side of a situation or are uncomfortable with silence. So, they begin speaking almost uncontrollably. They think if they talk long enough something will stick and their side of the story suddenly makes more sense than the other side. Be aware. A case is being built by the police in these situations. It started at the beginning of the phone call that alerted them and it doesn’t end until after they leave or arrest one party. If you are found to be the aggressor, then it will be you who is arrested. It’s better for you if you either stay silent or request to speak with your lawyer.

Reasons to Remain Silent if You’ve Been Investigated or Arrested for Domestic Violence

Many domestic battery situations have no corroborating witnesses and ultimately end up being a case of he said she said. It is up to the police to determine the severity of the situation and who is at fault. It is imperative that you remain silent during this time. The police have no idea what has happened, and they will try to deduce the crime by taking statements. Just because they are authority figures does not mean you have to answer their questions. Any answers are forwarded to the District Attorney for your prosecution.

How to Effectively Invoke Your Right to Stay Silent

When invoking your right to silence or to protect yourself against self-incrimination, you can say plainly to the police, “I am invoking my fifth amendment right to protect myself against self-incrimination” or you can simply say, “I will not speak to you without a lawyer present.” Once you have made this statement, you do not need to say anything else. If you do not say something to this effect and decide to just stay silent, your silence and your movements could be construed against you in a courtroom.

Jesse Kalter is Available Day or Night to Assist with a Domestic Battery Charge

Domestic battery is an event between two people who generally care for each other or are related in some capacity. Whether they are partners, friends, or family, generally the situation got heated and both parties are at fault. However, the police will only name one the aggressor. If you, or someone, you know has been arrested for domestic battery then make sure you have the experience and knowledge of an experienced domestic battery lawyer , so your case receives the best possible outcome. Jesse Kalter has earned countless not-guilty verdicts for his clients and has had countless cases completely thrown out before trial. He is available when you need him and ready to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Exercise Your Right to Remain Silent and Call an Experienced Domestic Battery Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Don’t Say Anything if You’re Being Arrested for Domestic Battery appeared first on Jesse Kalter Law .

New Year, New You: Avoid a Second DUI with Healthy Lifestyle Changes

Thu, 06 Feb 2020 00:51:00 GMT

Changes in your Diet and Lifestyle Don’t Have to Be Extreme to Avoid a Second DUI

Being convicted of a DUI is a sobering reality. You may have lost your license or now have a restricted license. You might also be in the process of paying heavy fines or completing community service. After serving your sentence, the last thing you want is a second DUI. The penalties and the fines are more severe than the first one and jail time could be mandatory depending on the situation. So, what can you do?

After receiving a first DUI, it would seem obvious what needs to happen to avoid a second one. Don’t drink and drive. However, with all the stresses that modern society offers it can be difficult for many Americans to change their lifestyle to less or no alcohol. But taking that step could be the difference between getting a second DUI or enjoying your freedom.

Lifestyle Changes to Help Avoid a Second DUI

If you have decided to reduce or abstain from drinking, here are a few tips that will help you stick to your decision.

1. Establish a Healthy Diet or Eating Routine

It is critical for anyone shifting away from excessive alcohol and drug use to establish a good eating routine. Not only should you begin eating healthier, but you should be eating on a regular schedule. This will help build up the bodies natural defenses that have been eroded.

Many Americans that abuse alcohol or drugs struggle with depression or anxiety, especially when they are quitting. As a result of this extra stress, many people are more likely to return to their previous drinking habits. According to the U.S. News and World Report, following a healthy diet can help mitigate this stress and reduce mood swings that would otherwise cause users to relapse.

2. Avoid Sugar

When you drink alcohol, your body converts alcohol into sugar and it causes your blood sugar levels to spike. When alcoholics quit drinking, their blood sugar crashes, and they begin to crave sugary snacks and treats. This will help alleviate some stress, but only temporarily. It is important to remember during this transition that low blood sugar can cause mood swings, depression, and anxiety, which is a gateway back to your former lifestyle.

3. Take Vitamins and Minerals

Often alcoholics and drug users are severely malnourished as a result of poor eating habits. In addition to changing your diet and eating habits, consider taking vitamins and minerals to help maintain healthy neurological functions and stave off depression and anxiety.

4. Set a Drinking Goal

Taking the time to write out your drinking goals is one of the best ways to curtail or eliminate your drinking. Write down, not only your reasons for reducing your alcohol intake, but how low you would like to reduce your consumption. You could set a goal of three drinks a day on Saturday and Sunday with a total of five drinks all weekend at the beginning of the year. Three months later, you could work toward reducing this further with only two drinks on Saturday and Sunday and a total of three all weekend.

5. Don’t Keep Alcohol in Your House

Removing temptation is the easiest way to avoid a Second DUI. By not having alcohol in your home you can severely limit your intake or eliminate it altogether. The same goes for just avoiding establishments that serve alcohol.

6. Choose Alcohol and Drug-Free Days

This is a conscious decision you must make, but taking a break is a great way to start drinking less. Taking a week or a month off from drinking will let you know how you can handle the physical and emotional changes associated with quitting.

7. Join a Support Group

Accountability is the number one reason that many former alcoholics and drug addicts have cited for successfully quitting. Whether you join an official group like NA or AA, or you commit to sobriety using the help of a family member or friend, it’s important to make sure someone else knows your goals and reasons for wanting to be a better you.

8. Stay Busy and Be Persistent

Having idle time gives your mind a chance to wander and recollect what life used to be like. This could have you slip backward into depression, anxiety, and ultimately drug and alcohol use. Take a walk, join a sports team, watch a movie, play an instrument, or hang out with your children. Any of these activities and more will make great strides to achieving your new drinking goals. Focusing on them will help you from focusing on a lack of alcohol or drugs.

Persistence is the final key to maintaining your new self. You may slip and it isn’t always going to be easy making such large lifestyle changes. However, if you stick with it your chances of getting a Second DUI or any other drinking or drug-related charges will be significantly decreased.

Jesse Kalter is Ready to Defend Your Rights Against a Second DUI or Third DUI

Adhering to these tips does not ensure you will never get a DUI again. Accidents do happen and life can get the better of you. If you have been arrested for a second DUI or even a third DUI, help is available . Jesse Kalter has the knowledge and experience to fight for your freedom. His fervent pursuit of justice has earned his client’s numerous not-guilty verdicts an he has gotten countless cases dismissed altogether or reduced. He is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A DUI Attorney Available When You Need Him
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post New Year, New You: Avoid a Second DUI with Healthy Lifestyle Changes appeared first on Jesse Kalter Law .

How the Changes in Nevada Domestic Violence Laws Affect Defendants

Wed, 08 Jan 2020 23:29:00 GMT

There Have Been Big Changes in Nevada Domestic Violence Laws

In September of 2019, Christopher Andersen was granted an appeal by the Nevada Supreme Court and instigated the biggest change in Nevada domestic violence laws in the last century. Mr. Andersen was originally arrested on misdemeanor domestic violence and simple battery charges. Once in front of a judge, he requested a trial by jury on the grounds that misdemeanor domestic violence was a serious offense and not a petty one. He was denied this request and then he “appealed” the decision to the District Court contending that he was erroneously denied a jury trial. He was again denied and so he filed an “appeal” to the Nevada Supreme Court.

In this case, he argued that a misdemeanor domestic violence conviction stripped a person of their right to bear arms, a right that is protected by the 2 ^nd Amendment of the Constitution. It was thus determined that a domestic violence charge is a serious offense and not a petty one. Under the law, all serious offenses must be tried by a jury and the decision of a domestic violence conviction is no longer up to a single judge. This has shaken up the entire criminal justice system in Nevada!

What These Changes in Domestic Violence Laws Mean for Defendants

This ruling has had beneficial results for defendants charged with misdemeanor domestic battery. Instead of a single person, a judge elected to their position, the decision of guilt or innocence has now moved to a group of 6 peers. What that means for defendants is that all jurors must unanimously agree on a decision of “guilty” for a conviction to stand. So, a good criminal defense attorney need only convince one juror of a defendant’s innocence for there to be no conviction. No longer does the prosecutor only need to convince one person, an elected judge.

Another benefit as a result of the Andersen ruling is time. Under the pre-existing rules, a judge could hear multiple domestic violence trials a day. Now, an entire day can be spent selecting a jury in one case. Then the trial still has to take place. This means cases are getting pushed out and as time goes by, the case may become less important to the prosecutor or witnesses’ memories fade. The Andersen ruling is a huge win for criminal justice reform!

Jesse Kalter Has Already Won Domestic Violence Cases Under These New Laws

These changes in Nevada domestic violence laws are still very new. Understanding their intricacies takes the experience of a good domestic violence lawyer that has handled countless jury trials. If you, or someone you know, have been charged with domestic violence , contacting a true trial lawyer is the way to get the best possible outcome. Jesse Kalter has already won domestic violence cases under these laws and has tremendous jury trial experience. His tenacious pursuit of justice ensures the innocent are not wrongly imprisoned. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Need the Changes in Nevada Domestic Violence Laws to Work for You?
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
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The post How the Changes in Nevada Domestic Violence Laws Affect Defendants appeared first on Jesse Kalter Law .

Tips for Avoiding a Holiday DUI

Thu, 19 Dec 2019 00:07:00 GMT

A Holiday DUI Casts a Dark Cloud Over the Festivities

Christmas and New Year’s are usually dedicated to enjoying your time with family and friends. Exchanging gifts, indulging in great food, and reminiscing about the year can bring a smile to anyone’s face. This is not the time of year you want to get a holiday DUI. There are a few more parties and festivities to attend this time of year. As a result, the U.S. sees the average number of fatalities involving alcohol-impaired drivers rise to 34 percent between Thanksgiving and New Year’s, according to the U.S. National Institute on Alcohol Abuse and Alcoholism . The institute also reports that 40 percent of car fatalities during this time of year are attributed to drunk driving.

Nevada law enforcement increases patrolling this time of year to deter people from drinking and driving. The safest way to avoid a Holiday DUI is DON’T DRINK AND DRIVE. If you have had anything to drink, the best solution to enjoying your evening is to stay where you are and leave your car keys with a friend or family member. Taking measures like these can ensure you won’t receive a DUI this holiday season. If you do plan on drinking, please drink responsibly. Here are a few tips that can help you get home safely.

4 Tips for Avoiding a Holiday DUI

1. Eat Lots of Christmas Goodies

If you are going to have an alcoholic drink at a Christmas or New Year’s Eve party, then be sure to eat something when you do. Shrimp, beef, and chicken are good, but be sure to enjoy some of the crackers, rolls, and cookies. Try to soak as much of the alcohol with grains to slow the body’s absorption of the alcohol.

2. Establish a Designated Driver

When you want to drink more than a few drinks in an evening, and then go somewhere else, the best course of action is establishing a designated driver. This person should be willing to enjoy the festivities without consuming any alcohol. The designated driver should be established before everyone leaves for the party, so there are no misunderstandings.

Call a Cab, an UBER, or Stay with a Friend

Sometimes a designated driver can’t always be established. In an event like this, the best way to avoid a holiday DUI is to call a cab, UBER, or stay with a friend. Whatever measure you decide on, it should not need to involve getting behind the wheel of a vehicle while you are impaired. You can get home without having to drive.

Stop Drinking or Switch to a Non-Alcoholic Drink

If circumstance dictates that you must drive home from a Christmas party after drinking, be sure to stop drinking as soon as you find out. The sooner you stop drinking, the sooner you begin to sober up. It is better to overstay your welcome drinking water or another non-alcoholic beverage than to endanger yourself or anyone else around you on the road. Note: there may not be enough time to sober up to drive legally, so this is not the best plan for avoiding a holiday DUI.

A Tip to Hosts to Help Guests Avoid a Holiday DUI

Many holiday parties have alcoholic beverages available to the guests. As a host, it’s a good idea not to have the alcohol front and center. Having alcohol this readily available can endanger your guests through possible over consumption. You don’t have to hide the alcohol, but there is no need to hand everyone a drink as soon as they walk in the door. You should never encourage an intoxicated party guest to drive home. Some people may have to rest with a glass of water before driving home. The safest thing for everyone is to make sure no one drives home after drinking, or that they have a designated driver or cab/UBER.

Jesse Kalter is Available to Assist with a Holiday DUI

Being charged with a holiday DUI can devastate the holidays. A DUI conviction could also impede your ability to drive to work after the holidays because of the loss of license. If you or, someone you know has been charged with a holiday DUI, you need the expertise of an experienced DUI lawyer . Jesse Kalter has achieved numerous not-guilty verdicts and has gotten countless other DUI charges completely dismissed or reduced. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A Holiday DUI Attorney Available When You Need Him
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Tips for Avoiding a Holiday DUI appeared first on Jesse Kalter Law .

Holiday Blues: The Dangers of Coping with Alcohol and Prescription Drugs

Wed, 27 Nov 2019 23:32:00 GMT

Don’t Let Alcohol and Prescription Drug Abuse Ruin the Holidays

For many, the holidays are about coming together with family and friends and sharing the warmth of the fire. They look forward to eating good food, exchanging gifts, and enjoying one another’s company. However, this picturesque world does not unfold for everyone. Family conflicts, lack of money, loneliness, and seasonal affective disorder (SAD) are just a few of the issues that some people have to contend with this holiday season. Coping with these negative influences has some turning to alcohol or prescription drugs.

Not only could using drugs and alcohol be detrimental to a person’s holidays, but they can also cast a dark shadow over other people’s holiday cheer too. Drinking excessively and/or ingesting prescription drugs and getting behind the wheel of a vehicle can have dire consequences. Don’t end up spending the holidays somewhere you really don’t want to, like jail. Never drink and/or take drugs and drive. Take a moment to remember and mitigate some of the factors that can contribute to alcohol and prescription drug use this holiday season.

Avoid Excessive Alcohol and Prescription Drugs Over These Factors

Even though these factors can wreak havoc on the psyche, the police are still very vigilant around the holidays. This is also a season for increased DUI checkpoints. They are constantly on the lookout for any potential DUIs during this time of year. So, take extra steps to mitigate some of these holiday headaches.

1.Stress

Stress is the number one leading factor for many people to excessively drink and consume prescription drugs around the holidays. Stress can include finances, gift-giving, strained relationships, excessive to-do lists, being alone, and missing someone who has passed away.

2. Holiday Depression

According to a survey done by American Addiction Centers , 25% of people report higher levels of depression during the holidays. Some of the larger factors include loneliness, missing a loved one, and juggling finances.

3. Anxiety

Anxiety is the most common psychological affliction in America. It affects 40 million adults over the age of 18. People get especially nervous about money, family relationships, and being alone during the holidays.

Other Ways of Coping with Holiday Stress, Depression, and Anxiety

It is highly advised to find alternatives to alcohol and prescription drug use. Alcohol and prescription drug use might be one of the easier ways to cope with the holiday blues, but they are not the safest. It is stated in the survey done by the American Addiction Centers that drug and alcohol-induced deaths reach all-time highs during December and January. According to backtrack.com , the average number of fatalities involving an alcohol-impaired driver rises 34% from Thanksgiving through New Year’s Eve. So, before you decide to drink or consume prescription drugs try some of these other activities first this holiday season.

Alcohol and Prescription Drug Coping Alternatives

Charged with a holiday DUI ? Calling an Experienced DUI Lawyer Can Make Your Holidays Brighter!

You should never consume prescription drugs if you don’t have a prescription for them. The effects could be long standing on your body and your criminal record. If you are going to celebrate the holidays using alcohol, then don’t get behind the wheel of a vehicle. There are safer ways to get home, like taxis, Ubers, and designated drivers. However, if you, or someone you know, has been arrested for a DUI or possession of a controlled substance , you should call on experienced legal assistance. Jesse Kalter is a top DUI attorney and criminal attorney in Nevada. His tenacious pursuit of justice has earned countless not-guilty verdicts and gotten other cases dismissed. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Need the Best DUI Attorney in Reno?
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Holiday Blues: The Dangers of Coping with Alcohol and Prescription Drugs appeared first on Jesse Kalter Law .

Penalties for a DUI Causing Substantial Bodily Injury/Death or Leaving the Scene of an Accident (“Hit and Run”) Involving Injury

Wed, 13 Nov 2019 22:04:00 GMT

You Face Similar Penalties When Convicted of a DUI Causing Substantial Bodily Injury/Death or Leaving the Scene of an Accident (“Hit and Run”) Involving Injury

When you are involved in an automobile accident, there is a legally required procedure you must follow. After you have moved your vehicle to a safe location, you must stay with the vehicle until the police arrive or at least exchange information. If the accident involves bodily injury of any kind for anyone involved, you must do everything you can to provide appropriate assistance. At the end of the incident involving injury, you have to file a report with the police or highway patrol. Failure to complete any of these activities could result in a crime being charged.

If you flee an accident when someone has sustained a bodily injury of any kind, you will be charged with a category B felony. If it can be proved that you were also under the influence of drugs or alcohol, you could be facing multiple felony charges.

DUI Hit and Run Causing Bodily Injury Charges and Penalties Explained

A person will be charged for a DUI and hit and run separately. Under Nevada law, they are two different offenses. They also have different punishments for someone leaving the scene of a DUI hit and run.

DUI Penalties

An accident caused by a person driving under the influence of drugs or alcohol, and someone has sustained substantial bodily injury or death, is a felony charge. If convicted, you would:

Leaving the Scene of an Accident Involving Injury (“Hit and Run”) Penalties

Fleeing or leaving an accident where someone has sustained bodily injury is a category B felony. If convicted, you could:

Judges take “DUI hit and runs” very seriously. With multiple crimes, the penalties are stiffer, and the effects can be far-reaching. You could also be faced with a civil suit. The survivor, or family of the deceased, can sue you for monetary damages above and beyond your insurance coverage.

Jesse Kalter is Experienced with felony DUI and “Hit and Run” Cases

Facing either a DUI or a “hit and run” is a serious charge , but facing both of them simultaneously requires expert help. If you, or someone you know, has been charged with a “DUI hit and run” then contact Jesse Kalter. His tenacious pursuit of justice has earned many of his clients a not-guilty verdict or had their case dismissed, or kept them out of prison. Jesse Kalter Law is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

When You Have Been Charged with a “DUI Hit and Run” You Need the Best DUI Lawyer in Reno
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Penalties for a DUI Causing Substantial Bodily Injury/Death or Leaving the Scene of an Accident (“Hit and Run”) Involving Injury appeared first on Jesse Kalter Law .

DUI Penalties for Minors Under 21

Thu, 24 Oct 2019 21:00:00 GMT

Nevada has Strict DUI Penalties for Minors Under 21

DUI penalties for minors under 21 are harsher than for someone that is over 21. The consequences associated with this charge reach far beyond community service, fines, and possible jail time. They could be suspended or expelled from school or forced to drop out of extra-curricular activities like football or cheerleading. Even college education or scholarships could be at stake, as many colleges perform background checks on students.

Almost every teenager enjoys a party or social event, but they need to make sure they do so responsibly. First thing, if someone is under 21 then they shouldn’t be drinking at all. Secondly, if they have consumed an alcoholic beverage then they should never drive a vehicle. Breaking these laws might seem convenient or even exciting when around friends, but if they get caught friends won’t be there to bail them out.

Blood Alcohol Content and the DUI Penalties for Minors under 21

The legal blood alcohol content (BAC) level for someone over the age of 21 is .08%. Anything over this limit and they will be arrested and may have their car impounded. The legal BAC limit for a minor under 21 is significantly less, at .02%. If a minor is caught driving a car or operating a vehicle above this limit they will be arrested. They will have to bail out of jail and pay heavy fines to get the car out of impound. All misdemeanor DUI cases are tried in criminal court if the arrested person is over the age of 18. Any minors under 18 are tried in the juvenile court system. Likely felony DUIs will be tried in criminal court regardless of age.

Penalties for Minors under 21

If someone is under the age of 18 and has been found guilty of a first-time DUI, the sentence includes educational classes on the dangers of DUIs, community service and/or fines, an order to avoid any further arrest or citations, and a likely suspended juvenile hall sentence that won’t be imposed if the minor completes the other sentencing terms. A unique penalty for a DUI for a minor is an evaluation to determine if they are dependent on alcohol or drugs (NRS 484C.350). This evaluation is paid for by the defendant.

If someone is over the age of 18, but under 21, and has been found guilty of a first-time DUI, the sentencing includes $400 – $1,000 in fines, DUI school, a MADD victim impact panel, an order to avoid any further arrests or citations, an ignition interlock device in their vehicle, and a possible jail sentence. They will have to get an alcohol evaluation for any DUI over a .02%.

For all DUI charges for persons under 21 who have a BAC of .02, but less than .08, their license will be suspended ( NRS 483.462 ). A provisional license can be obtained after a required period, according to the Nevada state law NRS 483.464 . A first time DUI offense can be sealed seven years after the completion of the sentencing.

The penalties for minors under 21 for their second offense are much harsher. Jail time or time in juvenile hall is very likely along with heavy fines and required classes. A third DUI is treated as a felony DUI. The sentencing is a mandatory one to six years in a Nevada state prison, fines ranging from $2,000 – $5,000, a three year driver’s license suspension, and they must attend a Victim Impact Panel, undergo an alcohol/ drug dependency evaluation, and have an interlock device installed in their car for up to three years after being released from prison. Also, a DUI causing death or substantial bodily harm is a felony and carries 2-20 years in prison (even if you are only 18 years old).

Jesse Kalter is an Experienced DUI Lawyer That Can Help Underage Minors Avoid a Criminal Record

Facing life-changing DUI charges before your life has even started is very scary. Your entire life will be dictated by your criminal record. It can affect your freedom, college career, scholarship possibilities, and your future job. If you, or someone you know, has been arrested for a DUI, you need the experienced help of a proven DUI lawyer . Jesse Kalter has had countless DUIs dismissed or reduced. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

DUI Penalties for Minors Under 21 is a Serious Life Altering Crime
Contact Jesse Kalter Law Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post DUI Penalties for Minors Under 21 appeared first on Jesse Kalter Law .

Yes, that is Domestic Battery: What to Avoid to Stay out of Trouble

Thu, 17 Oct 2019 23:05:00 GMT

Domestic Battery and Domestic Assault are Two Charges with Broad Definitions

When most people hear the terms domestic battery or domestic assault, they immediately envision physical violence. Slapping, punching, and kicking are all forms of domestic battery and assault, but they are not the only kinds of punishable violence. Under Nevada law, a person can be charged with domestic assault for intimidating a partner, spouse or another blood relative by a particular course of action that puts them in immediate fear. So, before you let your anger get the better of you, it’s important to know what will get you into trouble with the police.

Definition of Domestic Battery and Domestic Assault

Domestic Battery

Under NRS 200.485 of the Nevada law, two elements are required to be charged with domestic battery. First, the accused and the alleged victim are either related, married, cohabiting, or dating. Second the accused intentionally inflicted physical force against the alleged victim in a violent, hostile, aggressive, or unwanted way. A Nevada prosecutor must prove both elements beyond a reasonable doubt in order for the court to convict the accused.

Domestic Assault

According to NRS 200.471 , a domestic assault occurs when one person intentionally puts another person in reasonable apprehension of immediate bodily harm. In these cases, the victim has not been touched in any way, but strongly fears that unlawful touching, or violence, was eminent in that moment. Of course, the state must also prove the special relationship of the parties just like domestic batter.

Allegations That are Considered Domestic Battery or Domestic Assault in Nevada

Domestic Battery Charges Include the Following Intentional and Unwanted Acts:

Domestic Assault Charges Include:

Penalties for Domestic Battery and Domestic Assault

Penalties for Domestic Battery with No Deadly Weapons

A first domestic battery offense is a tried as a misdemeanor. If convicted, a person could spend two days to six months in jail and pay a fine between $200 and $1,000. This conviction also carries a sentence of 48 – 120 hours of community service and the defendant must attend weekly counseling sessions of batterer’s intervention of not less than 1 ½ hours per week for not less than 6 months, but no more than 12 months at their expense.

A second domestic battery or assault offense within a seven-year period is also a misdemeanor. However, if convicted a person will serve twenty days to six months in jail and pay a fine between $750 and $1,000. They must also attend weekly counseling sessions of batterer’s intervention for not less than 1 ½ hours per week for 12 months at their expense.

A third domestic battery or assault offense within a seven-year period is a category B felony. If convicted, a person will serve one to six years in a Nevada State Prison and may be punished by a fine of not less than $1,000, but not more than $5,000.

Penalties for Domestic Battery with Strangulation

Domestic Battery with Strangulation is a category C felony. If convicted, a person will serve one to five years in a Nevada State Prison and may be further punished by a fine of not more than $10,000. This is a very serious offense. It does not matter if a person has no prior domestic violence conviction, nor does it matter if the victim sustained any long-term injuries.

Penalties for Domestic Battery with a Deadly Weapon

If convicted of domestic battery or assault with a deadly weapon with no serious injuries, a person will serve a two to ten-year prison term and may be further punished by a fine of not more than $10,000. A domestic battery or assault that involves a deadly weapon and the victim does sustain serious injuries is a category B felony. If convicted, a person will serve two to fifteen years in a Nevada State Prison and may be further punished by a fine of not more than $10,000.

Jesse Kalter has the Experience to Fight for Your Freedom Against Unwarranted Domestic Battery Charges

Someone losing their temper is a common occurrence. However, if they allegedly engage in any of the above domestic battery or assault activities , they will find themselves with a lot of time to cool down behind bars. Being convicted of these charges will change a person’s life forever. Attaining employment, housing or anything requiring a background check could be denied because of these convictions. If you, or someone you know, has been charged with domestic battery or assault, they will need legal representation to get the best possible outcome. Jesse Kalter has received countless not-guilty verdicts on these charges, and he’s had these charges thrown out hundreds of times. He is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County and all other Northern NV rural counties.

A Domestic Battery Lawyer Ready to Assist 24 Hours A Day
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Yes, that is Domestic Battery: What to Avoid to Stay out of Trouble appeared first on Jesse Kalter Law .

Football Party Plus Beer Can Equal Jailtime: 4 Tips for Avoiding a DUI this Season

Wed, 25 Sep 2019 16:04:00 GMT

Avoiding a DUI Leaves More Time for Games in the Future

As the excitement of the football season descends on America so starts the sharp increase in the number of DUIs. Avoiding a DUI doesn’t mean driving around police checkpoints or eating a handful of breath mints. It is a matter of knowing your limits and planning accordingly.

In a recent study published in Science Daily, it was determined that eight percent of all professional football game attendees leave a football game legally drunk. That equated to roughly 5,000 game attendees drinking and driving after the final whistle is blown. A DUI is a complete life changer. Not only do you have to pay hefty fines and possible jail time, but you could lose your license, your job, and even your friends. The safest action for Avoiding a DUI after the big game is not drinking AND driving. However, if you are going to drink during tailgating or the game (or both), be sure to do it responsibly.

4 Tips for Avoiding a DUI after the Game

1. Plan Accordingly

Attending a tailgate party, football game, or another sporting event always involves some kind of travel. Whether it is to the stadium or from it, taking the time to plan every step of the event is the smartest move. That doesn’t mean someone has a minute by minute itinerary. It means making sure all the bases are covered. Before stepping out of the door, a fan should secure their personal belongings, transportation to and from the event, and know how much money they plan to spend. This means they don’t need to drive, they won’t lose their license, and they can’t drink more than planned because they didn’t bring enough money. Most importantly, save enough money for the cab/Uber home!

2. Eat Throughout the Tailgate Party or Game

3. Designate a Driver, Call a Cab, or Download a Ride Share App

If no travel plans have been made and someone becomes too impaired to drive, then finding someone else to drive is the best step to avoiding a DUI. It might make a car owner worry to leave their car in a lot or another public place, but the hassle of getting the car the next day is nothing compared to the hassle of handling a DUI charge. So, download the Lyft or Uber app, call a cab, or find a friend and make sure the roads stay safe.

4. Stop Drinking or Switch to a Non-Alcoholic Drink After the First Quarter

It is recommended that a person wait at least forty-five minutes to an hour after their last sip of alcohol before getting behind the wheel. Most football games can run in excess of three hours long. By finishing the last drink at the end of the first quarter, a person will have plenty of time to sober up, especially if the game goes into overtime. However, this of course depends on what has already been consumed.

Jesse Katler Has the Experience to Fight for Your Freedom From a DUI

Avoiding a DUI altogether is the best way to make sure it stays off your record. However, if you do find yourself being charged with a DUI , you need experienced help. Jesse Kalter has the experience and knowledge to ensure the best possible outcome for your situation. He has earned countless not-guilty verdicts for DUI charges and has had countless other DUIs reduced to non-DUI offenses. If you, or someone you know, need to fight a DUI charge, contact Jesse Kalter today. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If You Have Been Charged with a DUI, You Need the Best DUI Lawyer in Reno
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Football Party Plus Beer Can Equal Jailtime: 4 Tips for Avoiding a DUI this Season appeared first on Jesse Kalter Law .

4 Reasons to Work with a Drug Defense Attorney to get into Nevada Drug Court

Wed, 18 Sep 2019 19:22:00 GMT

A Good Drug Defense Attorney is Experienced with Nevada Drug Court

Nevada Drug Court is an alternative to both incarceration and conviction for some narcotics crimes and/or crimes in which drugs are a factor. Not everyone receives admittance to the program but hiring a drug defense attorney is the best way to receive a favorable outcome. Nevada Drug Court was established in 1992 with the mission to rehabilitate alcohol and drug addicts through intensive therapy and judicial intervention. The program focuses on outpatient counseling while advancing and stabilizing a person’s education and employment. This method has proven that it can reduce or eliminate many people’s involvement in criminal activity and avoid felony convictions.

Why Complete Nevada Drug Court?

A person can avoid jail time and keep the conviction off their record if they complete the program. To get into the program, it must also be proven that they meet the criteria for admittance into the program. A person must be fully informed about their rights and processes involved with Nevada Drug Court. A drug defense attorney can help with both of these areas and some will even become a part of a person’s rehabilitation team to see they overcome their addiction.

4 Reasons to Hire a Drug Defense Attorney for Nevada Drug Court

1. Drug Court Information/ Full Disclosure

Nevada Drug Court is an alternative to the traditional justice system and a person does not have to go. There is always a choice, and good choices are informed choices. An experienced drug defense attorney can explain every step of the 18-month process associated with Drug Court. They are knowledgeable of things like cost, amount of court supervision, and the terms of the confidentiality waiver. A drug defense lawyer will also take the time to explain that participation in the program may compel a formal admission of guilt and may result in the wavier of legal defenses should treatment fail. A drug defense attorney will also know when trial is a better option.

2. Building a Case for Nevada Drug Court Admittance

Drug court is for individuals addicted to drugs and alcohol seeking rehabilitation. A person may not be eligible for the program if they have had a history of violence, drug sales, or drug trafficking. During a judge’s consideration to offer Drug Court all factors are reviewed before someone is admitted. Hiring a drug defense lawyer greatly increases the chances of being accepted into this rehabilitation program. They have the experience and knowledge to present a case’s circumstances empathetically and convince the judge that Drug Court is the right step in a person’s rehabilitation and why it’s better for society as a whole.

3. Defining the Drug Court “Contract”

There are different diversion programs available and their rules and regulations vary. However, there are some areas of the treatment that a good drug defense attorney will investigate and negotiate to get the best possible treatment for their defendant. A lawyer will focus on the contours of the treatment program. They can negotiate things such as frequency of visits to therapists, number of drug tests and other factors that contribute to a successful completion of the program.

4. Negotiate Confidentiality

As a participant in the Nevada Drug Court, a person must give up their right to confidentiality. Relevant portions of a person’s medical record are shared with the government and prosecution. Other evidence and confessions can be collected during this time as well. A drug defense attorney can negotiate complete confidentiality of information provided to the court and to the government during the course of drug court proceedings and that this information goes no further.

Jesse Kalter Is an Experienced Drug Defense Attorney

Completing Nevada Drug Court is many times favorable to the alternative. A defendant retains their freedom while completing the course and even avoids the conviction on their record. The charge will be dismissed and sealed, and it will never have to be mentioned on any applications or background checks. Jesse Kalter has the experience and knowledge to achieve these kinds of results for his clients. His dedication to the justice system has gotten hundreds of clients admitted to the Nevada Drug Court program or other similar programs. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If You Need One of the Best Drug Defense Attorneys in Reno
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post 4 Reasons to Work with a Drug Defense Attorney to get into Nevada Drug Court appeared first on Jesse Kalter Law .

Short and Long-Term Effects of Nevada DUI Penalties

Wed, 11 Sep 2019 19:00:00 GMT

Hiring a DUI Lawyer Helps Avoid the Life Changing Effects of Nevada DUI Penalties

Despite all the police warnings, MADD, and strict Nevada DUI Penalties , people all over the state still get behind the wheel of a vehicle after drinking too much alcohol. If you are caught, the police will turn what was supposed to be a short trip home into a dizzying circus that will negatively affect your life for years to come.

Most people are aware of the immediate consequences of Nevada DUI penalties. This includes jail fines, alcohol classes, license suspension, and community service. However, the long-term ramifications of having a DUI on your record can affect your job, your education, and your housing situation. Taking the time to learn all the consequences of a DUI can help you make a better decision if you are ever charged with a DUI.

Immediate Penalties of a DUI

The immediate penalties of a DUI come from the sentencing handed down by a judge. These sentences become harsher and harsher with each successive DUI within a seven-year period, or if there was death or substantial bodily harm to someone else.

First Offense

A first time DUI offense can result in two days to six months in jail, or 48-96 hours of community service. The fines range from $400 to $1,000 plus court costs. You must also attend a Nevada DUI school and Nevada Victim Impact Panel at your own expense. If you BAC was .16 or higher, you may have to enter a drug abuse treatment program. You will also have a Breath Interlock Device installed on your car. Your license will also be suspended if you don’t install a Breath I.D.

Second Offense

The penalties for a Second Offense are ten days to six months in jail! The fines range from $750 to $1,000. You must attend the Nevada Victim Impact Panel, a lengthy alcohol abuse treatment program, after obtaining an alcohol/ drug dependency evaluation—all three are at your own expense. You will have your license suspended for a year and an ignition interlock device may be installed in your vehicle for a whole year or more.

Third Offense

This is the last chance. The result of a Third DUI conviction in seven years is one to six years in prison. The fines range from $2,000 to $5,000. You must attend the Victim Impact Panel at your own expense. Your license will be suspended for three years, and a breath interlock device will be installed in your car for twelve to thirty-six months.

Long Term Penalties of a DUI

Fines, prison time, driver’s license suspension, and interlock devices are the immediate consequences that most Nevadans know about. However, Nevada DUI penalties have far-reaching effects long after you have served your jail sentence, done classes, and paid the fine. These are just a few of the areas that can be affected by a DUI arrest.

Marred Background Checks

Background checks are commonplace in America. You can’t get a job, rent a home, or apply to a college without someone running a background check. Having a DUI on your background check can, and does, hinder your ability to get a job or a new rental. Bosses and homeowners are much more apt to hire or rent their property to someone without a criminal record.

Auto Insurance Rate Increase

Many people have heard of SR-22 insurance or DUI auto insurance. This is the only kind of insurance that is available to you if you have been convicted of a DUI. The rate hike associated with this kind of insurance can be as much as 53% more than the regular insurance. Premiums can rise to an annual fee of $2,000 to $3,000 a year or more depending on your auto insurer. You also have to carry this insurance for a minimum of three years. The wait can be longer for a second DUI.

Personal and Professional Relationships Ruined

If your criminal charges of any kind become public knowledge, they can ruin your reputation. DUIs are no exception. Friends could no longer want to ride with you in the car and many may go to great lengths to avoid you. Others could begin treating you completely differently. Your professional relationships can also be put into ruins. Your boss could potentially fire you from your position if your job requires you to drive as part of it. Other co-workers might ostracize you or begin scrutinizing your work ethics and efforts.

College Scholarship Program Denial

As part of competing for a college scholarship, your background will likely be checked. If they find a DUI, then chances are that you will be denied. In such a competitive space, one infraction can be the deciding factor between you or someone else getting the scholarship.

Jesse Kalter has the Experience and Expertise to Fight for Your Freedom

An experienced DUI attorney is your best chance at avoiding these long-term Nevada DUI Penalties and after-affects. Jesse Kalter is an experienced and knowledgeable DUI lawyer . His tenacious pursuit of justice has earned many of his clients a not-guilty verdict or had their case completely thrown out. If you or someone you know is facing Nevada DUI penalties, please reach out for a case consultation. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If You Are Trying to Avoid Nevada DUI penalties, you Need the Best DUI Lawyer in Reno
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Short and Long-Term Effects of Nevada DUI Penalties appeared first on Jesse Kalter Law .

5 Traits of the Best Criminal Defense Attorney in Nevada

Thu, 15 Aug 2019 00:09:00 GMT

Finding the Best Criminal Defense Attorney for Your Case Requires a Little Research

Every American has the right to a fair trial, no matter what the charge is. To achieve the best possible outcome, you will want the best criminal defense attorney for your case. Blindly picking a lawyer from the internet or working with the first one that you approach will not always end in your favor. It is imperative to be represented by a lawyer with the appropriate experience, knowledge, passion, and skill that your case demands.

It’s important to research potential criminal defense lawyers to make sure they are the right fit for your case. Take the time to consult face to face with the actual lawyer you want to represent you. This will help you determine if they meet the traits outlined in this article. Do not accept a legal consultation from a lawyer’s paralegal or assistant. This should be an immediate red flag and is the unlawful practice of the law. Another way to find out if you have the right lawyer for your case is to review the testimonials from other former clients.

The Top 5 Traits of the Best Criminal Defense Attorney for You

1. Experience and Knowledge

Experience tops the list of traits to be considered as one of the best criminal defense attorneys. Not only do you want a criminal defense attorney that has been practicing law for many years, but you want one that is proficient in the crime you are charged with. You don’t want to hire a lawyer that specializes in child custody if you have been charged with a domestic battery. Also, ask the lawyer how many times they have defended against a particular charge all the way through trial. It is not enough that a prospective lawyer merely plead a client guilty in the past to a particular charge. There is no substitution for trial experience.

Knowledge is directly acquired through experience. You want a lawyer that is knowledgeable in all aspects of the law. However, to be considered one of the best criminal defense lawyers, they also need to know about the characteristics and demeanor of the judges and prosecuting attorneys who they will encounter in the courtroom.

2. Confidential

You want a lawyer that will build the best possible defense and ensure your personal information and the specifics of the case remain confidential. Revealing this information without proper consent is unethical and could be devastating to the defense strategy. Confidentiality is the key to avoiding these issues. A good criminal defense lawyer conducts their own investigations and independently verifies facts instead of discussing the case with inappropriate sources and potentially leaking critical information.

3. Aggressive

It is paramount for the best criminal defense attorney to maintain your desired outcome in mind and pursue it aggressively. An experienced, knowledgeable, and aggressive attorney can make an impression that will lead to a more favorable outcome. You need to discuss this topic with your attorney during the initial consultation and decide if they are going to be aggressive enough during negotiations and in the courtroom. Aggressive does not mean obnoxious. It means being passionate and persistent in pursuit of your goals.

4. Integrity

Trust should be a driving factor when choosing a criminal defense attorney. You need to be able to trust that they will be there for you when you need questions answered or concerns alleviated. A great lawyer will always be honest and keep you in the loop as each step of the case unfolds. They will also be frank when it comes to the anticipated outcome of the case instead of hiding information or just telling you what you want to hear. The best way to decide if an attorney possesses the integrity you are looking for is to speak to their current and former clients, or read their testimonials.

5. Client-Focused and Personally Involved

For you to feel confident in your lawyer’s ability, you need to feel like they are personally involved. A client-focused attorney puts in the long hours to thoroughly investigate your case and craft a defense tailored to the specifics of the law. Finding a criminal defense attorney that takes personal responsibility for the outcome of the case is the best way to achieve a favorable outcome. Importantly, a great lawyer always returns a client’s calls or emails.

Jesse Kalter is Ready to Prove that He is the Best Criminal Defense Attorney in Reno

Jesse Kalter is an experienced, knowledgeable, and aggressive criminal defense attorney. He is aware of the consequences of a guilty verdict and how it can impact a client, their family, and their job. He takes a personal interest in the cases he decides to represent and fights to see them won. He is a trusted Nevada lawyer that maintains his integrity as he tenaciously pursues justice. He has fought hard to obtain countless not-guilty verdicts, dismissals, and reduced sentences for his clients. He is a highly experienced jury trial lawyer. Jesse Kalter is available to serve the people of Reno , Sparks , Carson CityCrim, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If You Need the Best Criminal Defense Attorney in Reno
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post 5 Traits of the Best Criminal Defense Attorney in Nevada appeared first on Jesse Kalter Law .

DUI Checkpoints: Your Rights and What to Expect

Wed, 24 Jul 2019 20:08:00 GMT

DUI Checkpoints: What to Expect?

DUI checkpoints are routinely put up by Nevada law enforcement during holidays and events where heavy drinking is expected. There is no discrimination because The police check every car that comes through the checkpoint. According to Nevada law 484B.570 , DUI checkpoints are a lawful activity as long as the police follow all the rules and guidelines.

DUI checkpoints must be visible from at least 100 yards in either direction. The stop sign itself must be visible from at least 50 yards away from the roadblock. Additionally, an illuminated “police stop” warning sign must be visible to oncoming traffic one-quarter mile from the entrance, 700 feet in rural areas.

Once you come to a complete stop, the first thing the police want to see is your driver’s license, registration, and insurance. They will then ask a few questions. They are looking for any signs of intoxication like slurred speech or the smell of alcohol. It’s pretty obvious that the police are looking for intoxicated drivers. However, they are also looking for open containers, drugs, or any other illegal contraband that is visible through the windows. If you have aroused the police’s suspicion of a crime, then you will be asked to pull over to another area where the police will request you perform a field sobriety test and a preliminary breath alcohol test.

What are my rights at DUI Checkpoints?

Just like with any other interaction with the police, you do have rights once you are stopped at a DUI checkpoint. You as the driver must present all the documentation requested by the police. However, you do not have to answer any of their questions. Under the protection of the Fifth Amendment, you have the right to refuse to answer questions on the grounds of self-incrimination.

You also have the right to avoid the roadblock, but you must turn out of the line lawfully. You can’t break any traffic violations to get out of line. If there is a legal left or right turn, you can use it to avoid the checkpoint. You do not have the right to engage in an illegal U-turn to avoid the checkpoint. If you do use a U-turn, then that is a signal to the police that you may be potentially intoxicated and wanting to avoid contact. They will likely come after you.

You can not drive through the checkpoint without stopping. According to Nevada law 484B.580, if you don’t stop for a DUI checkpoint and no one gets hurt and/or less than $1,000 of property damage occurs then you will be charged with a gross misdemeanor which carries up to a year in county jail and/or a $2,000 fine. If someone is injured or you do cause over $1,000 of damage, then it is considered a class B felony and you can serve up to six years in jail.

Jesse Kalter Has the Knowledge and Experience to Challenge a DUI Checkpoint Arrest

There are several rules, regulation, and processes that the police must abide by in order to make a legal arrest at a DUI checkpoint. There are also several steps involved when processing blood alcohol tests and field sobriety tests. If any of these steps are not followed exactly, then the state of Nevada may not have a solid case against you. Jesse Kalter has an in-depth and acute understanding of DUI law in Nevada. His tenacious pursuit of justice has earned his clients countless not-guilty verdicts and dismissals. If you or someone you know has been arrested at a DUI checkpoint in Nevada, contact Jesse Kalter Law, P.C. to find out the next step you should take. Jesse Kalter Law, P.C. is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

Fighting a DUI Checkpoint Arrest Takes an Experienced DUI Lawyer
Contact Jesse Kalter Law, P.C. for a Confidential Case Evaluation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post DUI Checkpoints: Your Rights and What to Expect appeared first on Jesse Kalter Law .

Nevada Prescription Drug Laws Explained

Wed, 26 Jun 2019 18:49:00 GMT

Nevada Prescription Drug Law Enforcement is Tougher Than Ever

In 2017, the opioid crisis claimed an American life every seven and a half minutes. That was 70,237 prescription drug-related deaths. This was twice the amount of prescription-related deaths that occurred ten years ago. This number could potentially be higher as the federal government doesn’t track the deaths for every prescription drug. In response to this rising epidemic, law officers have started enforcing the Nevada prescription drug laws more effectively and judges have been imposing steeper punishments.

Nevada Prescription Drug Laws Explained

The regulation of Nevada prescription drug laws falls under NRS 454.316 “Possession of dangerous drug without prescription.” This is defined as “unlawful possession, not for purpose of sale” of any “dangerous drug” without a prescription. This occurs when someone “knowingly or intentionally possesses a controlled substance, unless it was “furnished to the person by a pharmacist pursuant to a legal prescription or by a practitioner.”

If someone is convicted for possession of a prescription drug without a prescription, then it is a gross misdemeanor which carries up to 364 days in jail and/or a $2,000 fine. If a person is arrested again for the same charge, then they will be charged with a Category E felony and they are facing a prison sentence of one to four years. This can be avoided if they are willing to complete a drug education and rehabilitation program and are accepted into such a program.

Types of prescription drugs abused

Nevada prescription drug laws were put into place to keep people from abusing medication that was not prescribed to them. There are several kinds of prescription medication that are abused across Nevada. If you or someone you know is in possession of the following prescription drugs without a prescription, they can be subject to arrest:

This is not a complete list, but these are some of the more commonly abused prescription drugs.

What If You’ve Been Charged with Possession of Illegal Prescription Drugs without a Prescription?

Some people think that they can share prescriptions with friends or family members. Others think that it’s okay to just hold onto someone else’s prescription. These are common misconceptions. Whether you are taking the drugs or not, you must have the prescription filled out in your name. If not, you will be arrested for possession of a “dangerous drug.” If you or someone you know has been arrested for possession of prescription drugs you need to do the following:

Jesse Kalter is an Experienced Controlled Substance and Prescription Drug Lawyer

Having your life disrupted by an arrest is a difficult and trying event. With an experienced lawyer by your side, you have the best chance of getting the most favorable outcome at the end of the case. Jesse Kalter has represented hundreds of Nevadans in drug cases alone. He has argued cases and had them thrown out, found not guilty or had the sentence reduced. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

Nevada Prescription Drug Laws
Contact Jesse Kalter Today for a Free Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Nevada Prescription Drug Laws Explained appeared first on Jesse Kalter Law .

What are my Rights When There is a Restraining Order Against Me

Wed, 19 Jun 2019 15:17:00 GMT

How do I Protect Myself When There is a Restraining Order Against Me?

Even with a restraining order, you still have rights. It doesn’t do you any good to just sit around wondering, “Why did they put a restraining order against me?” Whether you agree with the judge’s decision or not, you still have to abide by it. Taking the time to educate yourself on your rights and limitations in regard to the restraining order is the first step. Preparing to defend against it is the next one.

A restraining order is a court order involving an allegation of harassment, stalking, physical abuse, or sexual assault . They have also been used in response to civil matters. A restraining order bars a person, the “Respondent,” from certain activities such as seeing or contacting the “Petitioner.” There are two kinds of restraining orders—temporary or permanent. A court will issue a temporary restraining order for only a few weeks and it is only enforced during that time period. The Respondent does not have to be present for a temporary restraining order. A permanent restraining order stays in effect after a court hearing is over and will be enforced for an extended period, usually 6-12 months. The Respondent must be present for a permanent restraining order hearing to fight it. It’s important to remember that whether you have a permanent or a temporary restraining order in effect, you must obey everything that it says or you will be charged criminally with a violation.

What is My First Step When I Have a Restraining Order Against Me?

If you have been served with a temporary restraining order, it’s important that you contact a lawyer immediately. The court will not appoint an attorney for restraining order hearings. These hearings will also be conducted very quickly. In most cases, you only have a few weeks before the permanent restraining order hearing. During this time, you have all the rights and freedoms you normally would have, except you can’t be in the proximity of the Petitioner, as outlined in the details of the restraining order. You have the right to go to work and go to the places you would like, as long as the Petitioner is not present. If the Petitioner shows up you should leave.

More importantly, you have the right to build a defense against the permanent restraining order. You should begin gathering any physical evidence to refute the restraining order. This may include pictures, videos, phone records, text messages, emails, GPS records, and any other records related to your relationship with the Petitioner.

Is There Anything I Shouldn’t Do if I Have a Restraining Order Against Me?

It’s understandable that you might be angry. Even if you have a rock-solid defense, do not contact the Petitioner or violate the temporary restraining order. Failure to comply with a restraining order is a violation of the law and you will be sentenced with jail time. You need to also avoid all contact with any close associates of the Petitioner as it could be a technical violation. If law enforcement or the court thinks it is a “backdoor” attempt to communicate with the Petitioner.

If you do engage in any of these activities, the Petitioner can bring this up during the hearing and make it very difficult for you to defend against the permanent restraining order. If you and the Petitioner have children together and you have been barred from seeing them, do not try to skirt around the order by seeing your children at school or a family member’s house. This will also be used against you in the hearing for the permanent restraining order. It’s better to address seeing your children at the hearing. Remember, courts often grant temporary restraining orders just to be on the safe side until the can hear both sides at the permanent restraining order hearing.

Jesse Kalter Can Help You Build a Defense Against a Restraining Order

It can feel like you’ve been blindsided after being served with a temporary restraining order. Especially, since you don’t have to be present to have it filed against you. Take the time to ensure the best possible outcome for your situation and consult with an experienced criminal defense lawyer. Jesse Kalter has years of legal experience and a tenacious pursuit of justice. He has worked through countless restraining order cases and can help you too. He has also successfully defended countless criminal restraining order violation charges. He is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

Build a Solid Defense Against a Restraining Order with an Experienced Criminal Lawyer.
Contact Jesse Kalter Today for a Free Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post What are my Rights When There is a Restraining Order Against Me appeared first on Jesse Kalter Law .

Penalties and Fines for Second DUI and Third DUI in Nevada

Wed, 05 Jun 2019 16:35:00 GMT

Penalties are Exponentially Worse for a Second or Third DUI in Nevada

Being convicted of one DUI is a difficult situation to overcome, but returning to your life after a second or even third DUI in Nevada is even tougher. Jail/prison time is mandatory in the state of Nevada with a second or third DUI offense. A person must serve a sentence of at least twenty days if convicted of a second DUI. A third DUI in Nevada carries a mandatory one-year minimum prison sentence and a person can serve up to six years, depending on the severity of the situation. These jail/prison sentences are in addition to fines and required rehabilitation classes. The best way to avoid DUIs is to not drink and drive, but we all make mistakes, so if you have been charged with a second or third time drinking and driving then this is what you need to know:

Second DUI in Nevada

A person faces a second DUI charge in Nevada when they are arrested for a DUI and they have a prior DUI from any state within the last seven years. A person will be charged with a DUI if their blood alcohol content is a .08 or higher or a toxicology screening shows they have unlawful quantities of controlled substances or wine in their blood.

You will go to jail for a Second DUI. The state of Nevada has a mandatory jail sentence. However, the judge has wide discretion to allow a defendant to serve the time in home confinement, but the judge could order the full six months in jail. There is a $750 – $1,000 fine the defendant will have to pay, as well as comply with several court-ordered provisions. These provisions include attending a Victim Impact Panel, a court-ordered rehabilitation program, a one-year license revocation or the installation of an ignition interlock device for 185 days or more!

Third DUI in Nevada

If someone is arrested a third time for DUI in a seven-year period, they are charged with a Third DUI. This is treated as a Category B felony, even if no one was injured. The penalties and fines associated with this conviction are much steeper than the Second DUI. Someone convicted of this crime will be ordered to have a breath interlock device installed, but the device could be installed for up to three years in their car.

There is a mandatory one to six-year prison sentence and a person must pay $2,000 – $5,000 in fines. Their license is also revoked for three years with the possibility of a provisional license with the installation of a breath interlock device.

DUI Court for a Third DUI in Nevada

It is possible to have a Third DUI sentence reduced to a Second DUI and avoid prison time if the defendant completes the Felony DUI Court program pursuant to NV SB277 . This “DUI diversion” program involves intense alcohol/drug counseling for a minimum of 3 years. It also requires the first 6 months of the program to be done on house arrest (but you can go to work). If successfully completed, the Third DUI will be reduced to a Second DUI, which is a misdemeanor. This is a great way to avoid prison and a felony conviction.

Jesse Kalter is an Experienced Second and Third DUI Lawyer

Judges do not look favorably on repeat offenders. They hand out stricter sentences and heavier fines to teach defendants a lesson. They are especially strict on repeat DUI defendants as it is a matter of public safety. If someone has been charged with a Second or Third DUI in Nevada, they need experienced legal help to get the best possible outcome. Jesse Kalter has a tenacious pursuit of justice. He has earned numerous not-guilty verdicts, dismissals, DUIs reduced , and gotten DUI sentences themselves drastically reduced. He is here to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

Don’t let a Second or Third DUI in Nevada Completely Ruin Your Life
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Penalties and Fines for Second DUI and Third DUI in Nevada appeared first on Jesse Kalter Law .

Criminal Record Sealing in Nevada: Process and Waiting Periods

Thu, 16 May 2019 10:16:00 GMT

Criminal Record Sealing Can Be a Long Process but Worth It

The criminal record sealing process restores your civil rights and gets you back to life before the conviction. If you’ve been convicted of a crime, you know that potential employers will discriminate against you and college admissions boards will overlook you and deny you entrance into certification programs. Some property managers may not even rent a home or an apartment to you because of your criminal record. If you’ve been convicted of a felony then you’ve also lost the right to vote, serve on a jury, hold office, and own a gun.

Completing the Criminal Record Sealing Process

It takes multiple steps and several months to complete the criminal record sealing process and this is after you have waited the required amount of time. It is a good idea to seek an experienced criminal lawyer that can help you navigate this process. However, once your record is sealed you can legally tell future employers and everyone else that you have no criminal background. Having your record sealed means that your criminal record is no longer accessible to the public. Once completed, your right to vote, serve on a jury, and hold office are restored. However, to get your gun rights back you will need to additionally seek a Governor’s Pardon. This too can be a lengthy process but well worth it.

Waiting Periods for the Criminal Record Sealing Process

The severity of the crime is what dictates the length of wait time for the criminal record sealing process to begin. Cases ending in dismissal or acquittal can be sealed immediately, however serious convictions have a 10 year wait period before you can even begin the process. The following is a list of crimes and how long someone must wait before beginning the criminal record sealing process:

Steps to Completing the Record Sealing Process

Step 1

Obtain a current, verified copy of the petitioner’s criminal history called a SCOPE. If any of the criminal charges resulted in a conviction, a “judgment of conviction” sometimes may be required.

Step 2

Review the SCOPE and determine which court within the Nevada judicial system to petition. If you have convictions you want to seal, you should contact an experienced record sealing lawyer to help navigate this process. Petitioning the wrong court will be denied and you will have to start over. The SCOPE is only valid for 30 days, so this could be a real set back.

Step 3

Compose a petition, affidavit, and order. These documents must be typed and contain all the petitioner’s arrests, the arresting police agency or agencies, date of arrest, criminal charge, and final disposition of each arrest. The petition must also list all the agencies that have copies of the petitioner’s criminal records. Finally, sign and date the petition and affidavit, and make copies of each document and the proposed order.

Step 4

Mail or submit your petition in person to the District Attorney’s office and attempt to get them to stipulate to the petition to seal.

Step 5

If the District Attorney’s office mails back a signed stipulation to seal, take all the paperwork mailed to you to the court clerk. They will hand it over to a judge to review and hopefully sign off on the order. Once signed you will then be responsible for distributing signed copies to all the agencies that have copies of your criminal record.

If the District Attorney’s office did not sign the stipulation to seal, they will usually let you know why. The paperwork might have been filled out incorrectly. If so, fill it out correctly and resubmit. However, if the District Attorney indicates they won’t stipulate, you will have to ask for a judicial hearing and argue for the criminal record sealing.

Jesse Kalter is Ready to Fight for Your Freedom

Your freedom means everything to you. Having a conviction on your record is a severe impediment to that freedom. Jesse Kalter has gotten countless charges sealed and restored the civil rights of many Nevadans. His tenacious pursuit of justice gets people back to their lives and he can do the same for you. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

Ensuring Your Record is Sealed Correctly Takes an Experienced Lawyer.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Criminal Record Sealing in Nevada: Process and Waiting Periods appeared first on Jesse Kalter Law .

First 5 Things to Do After Being Falsely Accused of Domestic Violence

Thu, 25 Apr 2019 19:00:00 GMT

Being Falsely Accused of Domestic Violence Doesn’t Mean You’re Going to Jail

However, being falsely accused of domestic violence is a stressful event—one that requires support, the truth, and the help of an experienced domestic violence lawyer. Being falsely accused of domestic violence is a more common occurrence than you would guess. There are several reasons someone might do this. It’s important not to dwell on someone’s motive, but to take the right steps to avoid jail time or the loss of your belongings, job, or gun rights.

Domestic Violence and the Punishments

Domestic violence is defined in NRS 33.018 as an act of aggression against someone you have an intimate relationship with including a spouse or former spouse, any other person related by blood or marriage, a person with whom you are residing or have resided, a person you are dating or have dated, someone with whom you have a child in common, or the minor children themselves, or legal guardians or custodians of minor children. The list of acts committed against these victims are lengthy and include battery, assault, sexual assault, arson, trespassing, stealing, and destruction of property. Being convicted of domestic violence can cost you your marriage, custody of your children, your job, hefty fines, and even jail time. Recent changes in the law also include stalking, carrying a concealed weapon without a permit, injury or killing an animal, false imprisonment, unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person, and compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act with the other person has the right to perform.

What You Need to Do Immediately After Being Falsely Accused of Domestic Violence

1. Contact an Experienced Domestic Battery Lawyer

It is possible to defend yourself after being falsely accused of domestic violence. However, this is considered such a heinous act that proving your innocence will take the help of an experienced criminal lawyer that does not have the same emotional involvement that you do. They can help you navigate the legal system, making sure not to miss any steps.

2. Contact Family and Friends

Even if you are innocent, you may not be able to escape the stigma of the accusation. It’s best to contact close family and friends to keep them current on your situation. They will be more apt to believe you and stand by your side as the case evolves.

3. Hide all of Your Personal Belongings

In the event of malice, accusers can and do manipulate evidence using resources within their reach. Make sure to keep your privacy and limit your partner’s access to your resources. This can sometimes mean hiding your bank account information, car title(s), electronics, jewelry, or other items of value that can be easily liquidated.

4. Change all of Your Login Passwords

Be sure to change the passwords to all your social media, credit cards, electronic devices, email, applications, and any online shopping outlets, as these can sometimes be misused by the person accusing you.

5. Begin Recording and Making Notes of All Interactions with Accuser

Contact should be avoided with your accuser until approved by your domestic violence lawyer. However, if you must interact with them, be sure to retain all written interaction including texts, email, messages, etc. It’s important to remember not to let anybody else read these except your lawyer. Make sure your lawyer is present when answering any formal questions related to the case with law enforcement.

Common Reasons People Falsely Accuse Others of Domestic Violence

Ways Defendants Can Prove They Have Been Falsely Accused of Domestic Violence

Jesse Kalter is Ready to Fight for Your Freedom

Proving your innocence after being accused of domestic violence can feel like an uphill battle. You can make the journey easier by calling on the professional help of a domestic violence lawyer. Jesse Kalter has a tenacious pursuit of justice that has gotten countless domestic violence cases dismissed, reduced, or beaten at trial. He is knowledgeable and ready to defend your case in a court of law. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

Assemble a Winning Defense Against False Domestic Violence Accusations
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post First 5 Things to Do After Being Falsely Accused of Domestic Violence appeared first on Jesse Kalter Law .

Hit and Run Resulting in Injuries or Property Damage

Thu, 18 Apr 2019 17:00:00 GMT

Stop After Any Accident or you will be Charged with a Hit and Run

It may or may not have been your fault, but if you leave the scene of an accident you will be charged with hit and run. Depending on the circumstances, you could be charged with a misdemeanor or a felony. Whether the accident resulted in property damage, bodily harm, or death, you are legally responsible to render aid and exchange information. According to NRS 484E.030, anyone who is involved in an automobile accident must move their vehicles to an area of safety, if able, and exchange information including names, addresses, vehicle registration numbers, and driver’s license numbers.

You are also required to give this information to any police officer investigating the accident. The police must be notified if the accident resulted in death, injury or property damage of $750 or more. If anyone is injured in an accident then all parties, regardless of fault, need to assist in getting the injured persons to a hospital or a care unit. Refusing to offer this assistance or provide the required information could result in a separate charge.

Hit and Run Resulting in Property Damage is a Misdemeanor

If you are involved in an accident and just property damage has been the result, you are required to pull over to a safe spot and exchange all the previously mentioned information with the other driver(s). If you do not comply with these regulations, you will be charged with a misdemeanor hit and run.

You can also be charged with hit and run if you ever hit an unattended vehicle or even property of another that’s not a vehicle, like a fence. After hitting an unattended parked car, you are required to find the owner of the vehicle to provide them with your information. If they can’t be found, you should notify the police unless otherwise incapacitated. Should that happen, someone else should notify the police.

If you are convicted of this crime you could be sentenced to:

Hit and Run Resulting in Injury or Death is a Felony

If you are in an accident resulting in injuries or death and you leave, you will be charged with a Class B felony. After an accident with these consequences, you must immediately pull over, render aid, and exchange information. Leaving a person, or people, injured on the side of the road without notifying police is immoral and against the law. Note: the injury does NOT need to be significant to be charged as a felony.

If you are convicted of a hit and run resulting injury or death you could be sentenced to:

Jesse Kalter is an Experienced Auto Accident Attorney

It is not uncommon for innocent people to be charged with a hit and run. There are many defenses that can be built in response to these charges. You might have been trying to get help. You may not have been aware of any accident. Let an experienced auto accident attorney help you keep your record clean and keep you out of jail. Jesse Kalter has a proven record of using a relentless pursuit of justice to earn not-guilty verdicts or to have cases reduced or thrown out entirely. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

A Hit and Run Resulting in Injuries or Death is a Serious Charge and Needs Immediate Action!
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Hit and Run Resulting in Injuries or Property Damage appeared first on Jesse Kalter Law .

There is Nothing Simple About Being Convicted of Drug Possession

Wed, 27 Mar 2019 17:52:00 GMT

A Drug Possession Conviction Could Result in Heavy Fines and Jail Time

Drug Possession is defined by NRS453.336 as any person that “ knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, dentist, or other licensed doctor.” Even if someone does not intend on selling the drugs, they could still serve prison time and pay a fine. This law applies to all illegal drugs Schedule I-V and any prescription drugs that a person does not have a valid and current prescription for.

Types of Drug Possession

There is more than one type of drug possession charge. A lot of people are convinced that the only way to get charged with drug possession is to have the drugs on your person or in your vehicle. This is not true. “Possession” has a very broad definition in the Nevada legal system. There are three different kinds of drug possession.

Actual possession of a controlled substance –

This is when someone keeps the narcotics on their physical person. This includes holding a baggie of illegal drugs in your hand or hiding it in your pocket.

Constructive possession of a controlled substance –

This occurs when someone stores drugs in a location that they have control over. Examples of this kind of drug possession is hiding drugs in your dresser or keeping out of date prescription pills in your bathroom, where you can access them at will.

Joint possession of a controlled substance –

This drug possession charge is brought up when two or more people share control over the same drugs. For example, a wife can be charged with drug possession if she knowingly allowed her husband to store drugs in the home, or they both knew where the drugs were and had joint access to them.

Penalties for Drug Possession

The sentence a judge will hand down once someone is found guilty of drug possession depends on the schedule of the drug, the quantity of drugs, and whether or not this is a first offense for the defendant. You could even be eligible for Nevada Drug Court if this is a first-time offense of a schedule I drug. This could completely dismiss and seal your case, but you do have to complete a drug education course or rehabilitation program.

Category E Felony

If a person is found with under four grams of a Schedule I-V drug and it is their first or second offense, then the case is charged as a Category E felony. Schedule I-IV drugs include PCP, ecstasy, methamphetamine, heroin, hydrocodone, cocaine, Ritalin, anabolic steroids, Xanax, Valium, Rohypnol, opium, and Ambien. If convicted, a person could serve one to four years in a state prison. However, if you have no prior record then you will likely receive probation or maybe a drug treatment program that gets the charge dismissed.

Category D Felony

If a person is being tried on a third or fourth charge, then the case is tried as a Class D felony. If convicted, a person will serve between one and four years in state prison and pay a fine up to $20,000, but usually $5,000. A Category D Felony does not have mandatory probation sentences like Category E Felonies.

Defenses Against Drug Possession Charges

The Substance Belonged to Someone Else – Any controlled substances can be planted on a person by someone else, or you simply had no knowledge of the drugs’ presence.

Entrapment – A person can be tricked into purchasing controlled substances from a member of the police force when they were not otherwise going to purchase anything.

Mishandled Evidence – Tests are not always accurate, and equipment can go faulty. Experienced drug crimes and drug possession lawyers will always look here to see if evidence is actually illegal.

Illegal Search and Seizure – The Fourth Amendment protects you and your personal property from being searched and seized by the government without a warrant or your consent.

Saving a life as part of the “Good Samaritan” Law – If the drugs were found because you sought help for a person overdosing, or you looked after someone overdosing, then you can get your charges dismissed because you never intended to partake in any illegal conduct.

Jesse Kalter is an Experienced Drug Lawyer

It is not just a simple charge if you’ve been charged with drug possession. Even though you can technically represent yourself, it is imperative to seek professional counsel. If you are convicted of drug possession, you could be denied future jobs, certifications, or entrance into masters or doctorate programs, and lose your 2 ^nd Amendment rights. It is something that will follow you for the rest of your professional life. Jesse Kalter is a very experienced drug lawyer. His tenacious pursuit of justice has gotten hundreds of drug charges dismissed or reduced. He is ready to fight for your freedom and get you back to your life. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

A Drug Possession Charge Needs an Experienced Drug Lawyer .
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post There is Nothing Simple About Being Convicted of Drug Possession appeared first on Jesse Kalter Law .

Defense Against a DUI Causing Death or Substantial Bodily Harm

Wed, 20 Mar 2019 17:36:00 GMT

A DUI Causing Death or Substantial Bodily Harm is Prosecuted as a Felony DUI in Nevada

No one gets ready for a great night out with the intention of getting involved in a DUI causing death or substantial bodily harm. You were just unwinding from a long work week, but in an instant you and everyone involved in the accident have just had their world turned on its end. According to NRS 484C.430 , someone is charged with a DUI causing death or substantial bodily harm when they drive intoxicated or high “ and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person .”

The state of Nevada has defined substantial bodily harm in NRS 0.060 . Substantial bodily injury “ creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, or prolonged physical pain. ” These are severe consequences that the victim faces after an accident like this. Prosecuting attorneys and judges are extremely tough on these cases in a continuing effort to keep the streets of Nevada safe.

Penalties for a DUI Causing Death or Substantial Bodily Harm

A DUI causing death or substantial bodily harm is tried as a Category B felony. If convicted of this crime a person will face a sentence of:

There are extraneous circumstances involved with some DUI causing death or substantial bodily harm cases the courts have deemed “aggravating factors.” One such factor is when someone is found at fault for one of these accidents and they are transporting one or more persons under the age of fifteen. Factors like these are taken into consideration during sentencing. If convicted, a person may have to pay a larger fine and serve a longer prison term.

Defenses for DUI Causing Death or Substantial Bodily Harm

There are several defenses that can be put together against a DUI causing death or substantial bodily harm.

Jesse Kalter is an Experienced DUI Lawyer

Getting involved in a DUI causing death or substantial bodily harm does not mean someone is automatically guilty. They need to get ready for their day in court. When it’s time to present their case, they’re going to want an experienced lawyer to help avoid pitfalls and fight vehemently for their freedom. Through his tenacious pursuit of justice, Jesse has gotten countless DUI cases dismissed or reduced. He combs through every piece of forensic evidence in a case and conducts an in-depth investigation to assemble the best possible defense. He is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.

DUI Causing Death or Substantial Bodily Harm are Serious Charges and Need Immediate Action!
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Defense Against a DUI Causing Death or Substantial Bodily Harm appeared first on Jesse Kalter Law .

Drug Trafficking Laws and Penalties in Nevada

Wed, 06 Mar 2019 17:45:00 GMT

Getting Caught Violating Drug Trafficking Laws in Nevada Carries Stiff Penalties

Drug trafficking laws in Nevada are some of the strictest in the country. Judges and prosecuting attorneys take these crimes very seriously and can punish you to the fullest extent of the law. The legal definition for “trafficking in controlled substances” under the Nevada Revised Statutes is when someone knowingly sells, manufactures, delivers or brings into this State or who is knowingly in actual or constructive possession of large quantities of schedule I or schedule II drugs.

Trafficking doesn’t necessarily mean that someone is selling drugs. However, in order to be charged with trafficking drugs the prosecuting attorney bears the burden of proving that you knowingly engaged in the activity or possession of the drugs. This can be proven if someone is caught with drugs on their person, in their car, or home, etc.

Drug Trafficking Laws

Drug trafficking laws are very clear in that the type and amount of drugs someone is caught trafficking dictates their sentence.

Schedule I Drugs (excluding marijuana)

If the Schedule I drugs weigh at least four grams but less than fourteen grams, then the drug trafficking case is a “Level 1 Trafficking” case and prosecuted as a category B felony. This carries a sentence of one to six years and a fine of up to $50,000. If the weight of drugs is between fourteen grams and less than twenty-eight grams this is a “Level 2 Trafficking” case and the sentence is two to fifteen years in prison and a fine up to $100,000. Finally, if the drugs weigh more than twenty-eight grams, or one ounce, then the case is a “Level 3 Trafficking” case and prosecuted as a category A felony and someone will serve either ten to twenty-five years or ten to life in prison and pay a fine up to $500,000. The weights are determined by net weight of the drugs and not the gross weight with the bag or packaging.

Schedule II Drugs

If the Schedule II narcotics in the case amount to at least twenty-eight (28) grams but less than two hundred (200) grams, then the case is prosecuted as a category C felony. Penalties for this include one to five years in prison and a fine up to $50,000. If the drugs weigh between 200 and 400 grams then the crime is declared a category B felony and carries a two to ten year prison sentence with a fine up to $100,000. If the drugs weigh over 400 grams then the crime is tried as a category A felony and you can serve either five to fifteen years or five to life and pay a fine up to $250,000.

Trafficking Marijuana

Now that recreational use of marijuana is legal, the laws and penalties have changed surrounding trafficking charges. According to NRS 453.339, any person caught with an amount of marijuana with a net weight equal to fifty pounds or greater will be charged with drug trafficking. This weight does not include seeds, stalks, plastic bags or dirt.

If the amount of marijuana is fifty pounds or more, but weighs less than a thousand pounds, the case is prosecuted as a Category C felony. If convicted someone could serve one to five years in prison and pay fines up to $25,000. If the amount of marijuana is between a thousand and five thousand pounds, then the case is charged as a Category B felony. This carries a sentence of two to ten years in prison and a fine of up to $50,000. If the weight is greater than five thousand pounds, the case is a Category A felony and if convicted a person serves five to fifteen years in prison or five to life and pays a fine up to $200,000.

Defenses for Drug Trafficking

There are several defenses to consider if you have been arrested and charged with drug trafficking.

• Unlawful Search – A Nevada lawyer will file a motion to “suppress the evidence” if you, your car, or home was searched unlawfully. This can be claimed if the police used a faulty search warranty for to search you or your belongings or searched without a warrant or your consent.
• Didn’t meet weight – If you were caught with less than the required new weight outlined by the trafficking laws then you can have your trafficking charged dismissed or reduced.
• Unintentional trafficking – If you had no idea that the drugs were in your car or home then you can beat the charges.

Jesse Kalter is Ready to Fight for Your Rights

Being arrested for trafficking control substances in Nevada is one of the most serious drug offenses someone can be charged with. If convicted, the sentence could be lengthy prison fines and your life will be forever changed once you have finished your term. To get your life back on track you need the expertise of an experienced drug lawyer. Jesse Kalter has a tenacious pursuit for justice. He has gotten several drug possession, drug trafficking, and drug distribution charges dismissed or reduced. If you have been charged with one of these crimes, or you know someone that has, then contact Jesse Kalter and get your freedom back. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Drug Trafficking Laws Need the Expertise of Proven Drug Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Drug Trafficking Laws and Penalties in Nevada appeared first on Jesse Kalter Law .

Advice from the Desk of Jesse Kalter: For Massage Therapists

Wed, 13 Feb 2019 23:00:00 GMT

Avoiding Sexual Assault Charges is Easier Than Defending Them

On October 18, 2018, Arnel Thomas, a 51-year old masseuse from Reno was arrested on two counts of sexual assault. According to police records, Thomas was arrested after a woman came forward claiming she was sexually assaulted during a paid therapeutic massage session. After reviewing the report, police discovered that Thomas was involved in a similar incident in 2017. Police report that in both cases these women were first-time clients of Thomas. During the investigation, a third woman came forward. After a short interview with Thomas, he was arrested.

Oath of the Massage Therapist

As a qualified and experienced massage therapist, you follow the principle of ethics laid by the American Massage Therapy Association. If you didn’t, you wouldn’t have a legitimate business or even a practice. These guidelines and rules are set forth to protect both the patient and you. If you’ve just met a client for the first time, then you won’t know what they do and don’t consider inappropriate. The smallest amount of pressure in the wrong area could have you behind bars and giving up massage therapy forever.

Tips for Practicing Massage Therapists to Avoid Sexual Assault Charges

1. Always Conduct Yourself in a Professional Manner

Maintaining professionalism means following all the ethics outlined by the AMTA , but it also means communication. If a client is noticeable anxious, then be sure to speak out loud every step of the massage before you begin doing it. By guiding the client through the massage verbally you eliminate any surprises. This also gives the client a chance to let you know whether they want that area of the body massaged. Ignoring these basic principles can get you accused of inappropriate conduct, ethical violations, and even sexual assault.

You are More Susceptible to this Charge than Others

Due to the nature of your profession, it is much more likely for someone to misconstrue your actions as sexual assault. This was most likely brought up in your training and it is something to always be aware of. Many people see a fine line between relieving stress and arousal. There are people that do get the two confused. There are also others that are looking for a therapist to make this kind of mistake to try and get a big payout. Sexual misconduct and sexual assault aren’t the only two crimes brought against massage therapists. Other allegations include:

• violations of the rules or statutes governing massage therapy, as set forth by the Massage Therapist Board
• ethical violations
• expired massage therapy license
• failure to complete continuing education requirements

Being convicted of one or more of these crimes can result in reprimand, financial penalties, probation, and suspension or revocation of your license.

3. Maintain the Most Current Knowledge of Your Profession

Improper Care is another criminal charge that can be brought against massage therapists. Massage is an evolving craft. It changes with advancements in medicine. This is one of the reasons there are continuing education classes associated with maintaining a massage therapist license. Clients, too, can educate themselves on the different styles of massage. They can walk in with their own set of expectations. One of the best ways to make sure everybody has a positive experience is to talk about the massage before it begins. This gives the client the opportunity to share what they know on the topic.

Jesse Kalter is an Experienced Sexual Assault Lawyer

As a massage therapist, being accused of sexual assault or any other crime can turn your world upside down. You thought you were providing a pain relief service but someone simply took something out of context and now you are arrested. Jesse Kalter has defended countless sexual assault and sexual misconduct cases. His tenacious pursuit of the truth has gotten him many dismissals and even not-guilty verdicts. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Sexual Assault Charges Need Immediate Action!

Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Advice from the Desk of Jesse Kalter: For Massage Therapists appeared first on Jesse Kalter Law .

Defenses Against Fraud Accusations

Wed, 06 Feb 2019 19:41:00 GMT

Fraud Accusations Need An Experienced Fraud Lawyer

Being booked on fraud accusations means the law believes you willfully deceived with the intent to gain personally or financially. Fraud is also defined as intentionally deceiving in order to persuade another person to part with something valuable. Criminals continue to find new ways to commit fraud, but here are several common types.

Types of Fraud

1. Check Fraud

Stealing money by forging someone’s signature on a check or when someone pays for something with a check and doesn’t have enough money (“insufficient funds check” cases).

2. Internet Sales

People pretending to be a company online and taking money with no intent to provide products.

3. Charities Fraud

People pretending to be a charity and soliciting donations, or a charity misappropriating funds for personal gains.

4. Identity Theft

This fraud robs people of their money and identity when thieves open credit cards or obtain assets in their victims’ names.

5. Credit Card Fraud

Obtaining people’s credit card information and using it to make unauthorized purchases or cash withdrawals. This is considered a form of identify theft.

6. Insurance Fraud

Inflating or falsely claiming for car damage, health care expenses, and homeowner or renters insurance. This is considered a felony depending on the circumstances.

These are just some of the kinds of fraud. Other kinds include debt elimination, pyramid schemes, and website misdirection. These are difficult charges to navigate. Building a defense after being accused of any of these kinds of fraud requires the expertise of a fraud lawyer.

4 Fraud Acquisition Defenses

1. An Absence of Criminal Intent

Your fraud attorney will argue that you had no intent to permanently deprive another person of the property or money in question. It is difficult for the prosecution to prove criminal intent and it leaves room for your lawyer to argue that you acted without it. You may also argue you had authorization or consent from the alleged victim.

2. Insufficient Evidence

When it comes to evidence, insufficient evidence can prevent a prosecutor from proving their case beyond a reasonable doubt. This decision can depend on the judge, the jury, and the nature of the alleged crime. You should consult with an experienced fraud lawyer regarding insufficient evidence.

3. Duress

A defendant can claim this defense if someone has used threats or violence to force them to act against their will to embezzle money, property, or the like.

Expiration of the Limitation Period

In Nevada, the period of limitation to file forgery charges is four years. All other fraud/theft/embezzlement charges that are felonies are three years.

If a prosecutor fails to file such charges in a timely manner an experienced fraud lawyer can get the charges thrown out. It’s important to know the defenses for fraud accusations, so you are prepared when you sit down with your fraud lawyer.

In order to prove you are guilty of fraud, the prosecution must prove the defendant in a position that would have enabled them to commit the crime; there is evidence that the defendant took, kept, hid, or used the money without the permission or knowledge of the rightful owner; the defendant intended to permanently deprive another person or entity of the embezzled or stolen money or assets.

Jesse Kalter Successfully Defends Fraud Accusations

This is not a comprehensive list of fraud defenses. Each case needs to be individually evaluated by a fraud lawyer in order to build a credible defense. There are several other defenses that can be built, but they require an experienced fraud lawyer . Jesse Kalter has defended countless fraud charges. His tenacious pursuit of justice has gotten numerous fraud cases dismissed or reduced. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Fraud Accusations Need Immediate Action.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

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5 Things You Should Do After Being Accused of Sexual Assault

Wed, 16 Jan 2019 16:00:00 GMT

Being Accused of Sexual Assault is Nothing to Take Lightly

Your world will be turned upside down after being accused of sexual assault. An innocent gesture or an off-the-cuff remark suddenly has everyone’s attention, including the police. Whether you are on the street, with family and friends, or in the office, you need to be mindful of your behavior. Most people think that sexual assault is only a physically aggressive act, but they couldn’t be more wrong. Other acts that are considered sexual assault include touching someone who doesn’t want to be touched, in a sexual or suggestive way, even if it was just meant to be funny.

In today’s America, these offenses are taken very seriously, and each case is treated with the utmost severity. To make sure you don’t end up serving time for a crime you didn’t commit you should be prepared to defend yourself in a court of law.

Here are the First Five Steps You Should Take After Being Accused of Sexual Assault

1. Realize the Seriousness of False Accusations

Do not assume that because the charges are false, you do not need to deal with them. The police and the state of Nevada both take these charges very seriously. They have a set of protocols that must be followed. If you are not prepared for them, you could end up paying the price.

2. Hire a Lawyer

Hiring a lawyer is the best thing you can do for your case if you have been accused of sexual assault. An experienced sexual assault lawyer will help you mitigate the risks and pitfalls of dealing with the police and prosecuting attorney. You should never speak to the police without a lawyer present.

3. Start Documenting

You should begin compiling a record of all of your interactions with your accuser. You need to keep track of dates, what was said, and a list of witnesses. Be sure to keep this information in a safe place and only share them with your lawyer. Electronic communications can be very important to your defense.

4. Cooperate with the Your Lawyer

Make yourself available to your lawyer on their timeframe and at their convenience. Answer all their questions to the best of your knowledge. Make sure you provide your lawyer quickly with whatever they ask for.

5. Prepare for the Cost of Your Defense

Hopefully, you won’t have to go to trial after being accused of sexual assault, but if you do it is going to be expensive. In addition to attorney fees, expert witnesses may be necessary, special psychological tests may be required, and other evidence may need to be collected, but this is all a small price to pay for your freedom.

Contact Jesse Kalter Immediately After Being Accused of Sexual Assault

Being accused of sexual assault can be a life-changing event. If you have been accused, you need to begin building your defense immediately. Your accuser has the State of Nevada on their side. You need someone who knows just as much about the law. Jesse Kalter has represented numerous sexual assault charges. His tenacious pursuit of justice has earned not-guilty verdicts and has gotten many cases dismissed. Jesse Kalter believes that you shouldn’t suffer for someone else’s lies. He is available to serve the people of Reno , Sparks, Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Being Accused of Sexual Assault Needs the Expertise of an Experienced Sexual Assault Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post 5 Things You Should Do After Being Accused of Sexual Assault appeared first on Jesse Kalter Law .

3 Reasons to File Premises Liability Cases

Wed, 12 Dec 2018 16:00:00 GMT

Premises Liability Cases Need an Experienced Personal Injury Lawyer to Get You What You Deserve

Premises liability cases are a form of personal injury case where a person’s injury was caused by some type of unsafe or defective condition on someone else’s property. Just because you have slipped and fallen on someone else’s property doesn’t mean that you will automatically win a premises liability case. Negligence must be proven on the part of the property owner. In order to prove that a property owner was negligent, it must be shown that the owner knew or should have known the premises were in an unsafe condition and failed to take proper steps to remedy the situation. If this can be proven within a court of law, you are entitled to money for your pain and suffering and medical costs.

3 Most Common Reason for Filing Premises Liability Cases

1. Negligent or Inadequate Security

These kinds of premises liability cases are more common in apartment buildings or offices. The owners of these buildings have a duty to the tenants and occupants to secure public access to the building. If someone breaks into the building or just walks in through an unlocked door and assaults someone, or even worse, kills them inside the building, the owner could have a premises liability case brought against them. This kind of case can be won if it can be shown the owner knew or should have known about the unsecured entry point and failed to do anything about it. Many building owners take steps to prevent this by having a doorman on the first floor or require the use of intercom systems by the tenant.

Inadequate Maintenance

It is a property owner’s responsibility to ensure that their building is maintained and reasonable care has been used for all maintenance and repairs. Inadequate maintenance of a building can include broken or uneven steps, falling merchandise, cluttered aisles, or improperly maintained trees. As a result of these oversights, someone could slip and fall, trip, or have something fall on their head. To prove the owner was negligent, a premises liability lawyer must prove the owner owed the defendant a duty of care, breached or failed to exercise that duty, and caused the injuries as a direct result of that breach or failure.

Dangerous Property

Dangerous properties are commercial or residential buildings that are not up to code but people still have access to them. Dangerous property conditions include improper lighting, lack of railing on stairs, out of code door thresholds, improperly designed grates, open manhole covers, or sidewalk holes. The owner of the building can be held liable, but it must be proven that they knew or should have known about the condition of the property and neglected to do anything about it.

Injuries from Premises Liability Cases Can Vary Widely

In the state of Nevada, someone that is injured on someone else’s property is defined as either an invitee, a licensee, or a trespasser . An invitee is someone who was invited by the owner, or tenant, to come into the building or onto the property. A licensee is someone, like a salesman, who has access to the property, but wasn’t necessarily invited in by the owner or a tenant, yet they still have a right to be there. A trespasser is someone who has broken into a property or has gained access to the property unlawfully or has been previously informed they are not welcomed on the property. Property owners are responsible for the safety of invitees and licensees and these people can sue over neglected or dangerous property conditions if they are hurt. Trespassers have attempted to sue for personal injury, but it is very rare for them to succeed in winning their case.

Some of the injuries that someone can suffer include:

Jesse Kalter Can Get You the Compensation You Deserve for Your Personal Injury

If you’ve been injured on someone else’s property, you are entitled to compensation for medical bills, lost wages, and pain and suffering. If you know someone that has died as a result of their injuries, you may be entitled to compensation for medical bills, funeral bills, or loss of companionship. Jesse Kalter has handled numerous personal injury cases and premises liability cases. His tenacious pursuit of justice ensures his clients don’t have to suffer any longer because of someone else’s mistakes. Jesse Kalter is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Premises Liability Cases Need the Expertise of an Experienced Personal Injury Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post 3 Reasons to File Premises Liability Cases appeared first on Jesse Kalter Law .

8 Steps to File a Personal Injury Lawsuit

Wed, 05 Dec 2018 16:00:00 GMT

There is a Lot Involved when You File a Personal Injury Lawsuit in Nevada

If you’ve been hurt, due to someone else’s negligence or malice, you need to file a personal injury lawsuit before time runs out. There is a statute of limitations in place in the state of Nevada of two years from when you begin to suffer from the injury. This statute was put in place to prevent an excessive passage of time from degrading the evidence involved in the case. If you fail to file a personal injury lawsuit in this time, you will most likely lose the right to even file a case. There are some cases, including medical malpractice, that have a S.O.L. of one year.

There was an average of 45,500 personal product liability lawsuits filed between 2013 and 2016 . These personal injury lawsuits were filed against airplane products, asbestos products, healthcare/ pharmaceutical companies, marine products, and motor vehicle products. Many of these cases never saw the inside of a courtroom. many were settled outside of court once enough evidence had been accumulated and presented to the insurance carriers.

If you want to win your case or a settlement, you need to be prepared for the process used to file a personal injury lawsuit. No two personal injury lawsuits are the same and each one is handled based on the circumstances of the event. Below is a brief overview of some of the steps involved when you file a personal injury lawsuit.

The 8 Steps in Filing a Personal Injury Lawsuit Include:

Step 1: Attorney Consultation

Directly following an accident in which a personal injury has occurred, it is important to consult with an experienced personal injury lawyer. They will help you to determine whether you have a viable case or not. They will determine whether there was any negligence by another party and if there is a defendant to seek compensation from. They will also establish the extent of your injuries, your medical costs, and legal options that were incurred as a direct result of the wrongdoer’s negligence or malice.

Step 2: Case Investigation

If you decide to retain an attorney to help with your personal injury case, they will conduct a full independent investigation. They will want to review police reports, sometimes even the scene of the accident, witness testimony and statements, medical records, and more. They might collaborate with accident reconstruction experts, medical experts, and other experts, as needed. If a black box or video footage is available of the incident, they will want to obtain a copy. Finally, they will examine any possible defenses the opposing party may use against your claim.

Step 3: Demand Package

As part of the insurance claim, you will submit a demand package to the opposing party. It will outline your case, their liability, and damages. This can be your medical bills, lost wages, pain and suffering, loss of life’s enjoyment, and future medical care. After receiving this demand package, the opposing party will either accept it, reject it, or provide a counteroffer.

Step 4: Filing the Personal Injury Lawsuit

A lawsuit is officially filed with a court of law if the insurance claim is not settled. Your lawyer will handle this part of the process to ensure an accurate filing.

Step 5: The Discovery Phase

During the Discovery Phase, the plaintiff and the defendant both gather more evidence from one another. After a thorough evaluation of each other’s case, the parties will decide if they want to move forward with the trial or settle.

Step 6: Mediation (If Applicable)

Many cases will enter first in mediation before the actual trial. This is a time for both sides to sit down with an impartial mediator and attempt to reach an agreement. If your case does not get resolved at mediation, it will then proceed to trial.

Step 7: The Actual Trial

If the case still isn’t settled, it will move on to a trial. Each side will have a chance to present the evidence they have collected. A decision maker (either a jury or a judge) will evaluate the evidence, determine any fault, and if so, award damages.

Step 8: Appeal (If Necessary)

The losing party can appeal the decision of the case. There are several issues that are taken into consideration before filing an appeal. It is quite different from the trial process. It is highly recommended to work with an experienced appellate practitioner.

Jesse Kalter Can Help You Get a Better Settlement or Award of Damages for Your Personal Injury Lawsuit

You can file a personal injury lawsuit on your own. However, filing a personal injury lawsuit and defending it is a difficult process. The defendant is going to have an experienced lawyer and you should have an experienced personal injury attorney too. Through his tenacious pursuit of justice, Jesse Kalter has handled countless personal injury lawsuits , ensuring his client got the settlement they deserved. Jesse Kalter is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

An Experienced Personal Injury Lawyer For Your Day in Court.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post 8 Steps to File a Personal Injury Lawsuit appeared first on Jesse Kalter Law .

How Long is a Personal Injury Lawsuit Timeline and What is the Cost to File?

Wed, 21 Nov 2018 16:00:00 GMT

Each Personal Injury Lawsuit Timeline Differs Depending on the Case

Accidents can happen in the blink of an eye. You’re standing on your own two feet or driving your car and then suddenly you’re not. Unfortunately, a personal injury lawsuit timeline does not move as fast. There are several factors for both sides of a personal injury lawsuit to consider as they move forward. Some settlements can be reached within a month. If the case must go to trial, the personal injury lawsuit timeline can be much longer. Each case’s timeline is different, so this article is going to present a close approximation of the steps in filing a personal injury lawsuit, how long each one takes, and how much the entire process might cost.

A Typical Personal Injury Lawsuit Timeline

Immediately Following the Accident – End of Week 1

It is imperative for your personal injury lawsuit that you seek out medical attention for your injuries immediately following the accident. It doesn’t matter whether it was a dog bite, slip and fall, car accident, or falling object; you need to seek medical attention. The doctor will not only work towards healing you, but they will comprehensively document your injuries as a result of the accident. Once you are able, you should also contact a personal injury lawyer and set up a consultation. If your case is taken by the lawyer, they will begin their investigation of the events.

Week 2- End of Month 5

After the investigation and review of accident reports take place, the next step in the timeline of a personal injury lawsuit is to enter into negotiations with the liable party and submit a demand letter. This process can take weeks and, in some cases, it can take months. Your lawyer won’t enter this stage until you have reached maximum medical improvement. Once your medical bills have been tallied at the end of your recovery period, your lawyer will know how much money to ask for in the demand letter. Your lawyer will then enter the first round of negotiations. A settlement might be reached during this time and the case could come to a close.

Month 6 – End of Year 2

If a settlement can’t be reached, your personal injury lawyer will file a lawsuit with a local or state court. Two years is the typical deadline to file a lawsuit in a car accident or slip and fall case. At which point, they will enter the discovery period of your lawsuit. In this stage, each side will review the evidence that has been compiled by the other. Each lawyer is allowed to ask follow-up questions of the other and conduct their own investigations about the other’s evidence. Additionally, each side can depose the other party and their witnesses under oath. This process can take anywhere from six months to one year, depending on the number of variables that need to be reviewed. Typically, the second round of negotiations will take place at the end of this period. If an agreement can still not be reached, the case will proceed to trial.

The actual trial could happen in a couple of days or take a few weeks. Each side will have the opportunity to present their evidence. A jury will then decide liability and award damages if there is liability. An arbitrator can do this as well if you elect for arbitration in lieu of a jury. A jury’s ruling is binding, even if they don’t side with the injured person. You can enter into an appeal process, but this can add several more years to your case and can be very expensive.

The Cost of a Personal Injury Lawyer

Most personal injury lawyers will not require any upfront fees during the entire personal injury lawsuit timeline. However, they will charge a contingency fee if they win your case. This number is usually 33% to 40% depending on the case. Some big law firms will cover all the legal costs up front and you will pay them back at the time of the settlement or award. However, there are many personal injury lawyers who will not do this and require you to pay the fees up front. These fees can include filing fees, expert witness fees, investigator fees, depositions, trial exhibits, postage, police reports, and medical records. If you don’t pay for these fees, your case could stall, as the lawyer can’t move forward without this information.

Handling Your Medical Bills During a Personal Injury Lawsuit Timeline

You should begin making payments on your medical bills during this process. Having your bills enter collections could have you paying more than the original amount. You will be reimbursed for all these expenses as they are taken into consideration in a settlement or an award for damages.

Jesse Kalter is Ready to Win Your Personal Injury Lawsuit

Navigating a personal injury timeline is a stressful and complicated process. You need to recover from your injuries. Let an experienced personal injury lawyer handle every step of your case. Jesse Kalter has recovered monetary damages for a broad range of accidents. His unrelenting pursuit of justice has gotten his clients the settlement they deserve, time and time again. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

A Experienced Lawyer for Every Step of the Personal Injury Lawsuit Timeline
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call (775) 331-3888

WHAT’S YOUR FREEDOM WORTH?®

The post How Long is a Personal Injury Lawsuit Timeline and What is the Cost to File? appeared first on Jesse Kalter Law .

Advice from Jesse Kalter: House Arrest Before Trial for Domestic Violence

Wed, 24 Oct 2018 15:00:00 GMT

There are Pros and Cons for House Arrest Before a Trial for Domestic Violence

A person does not have to be convicted to be placed under house arrest. If the charges against a person are serious enough and the judge does not feel comfortable leaving them at liberty while they are awaiting trial, they can be placed under house arrest. Even if they have posted bail a judge can order someone to wear a GPS ankle bracelet so the authorities always know their whereabouts. This is most often utilized for repeat offenders, flight risks, persons that are known for breaking restraining orders, and cases of ongoing domestic violence allegations.

The Pros of House Arrest Before Trial for Domestic Violence

Restraining Orders are Enforced and Justice Can Be Served

Many abusers that are guilty of domestic violence will often coax or harass their victims into retracting their story. Over half of the homicides against women are committed by an intimate or former partner. By having exclusion points for someone who is charged with domestic violence, it’s possible that many of these homicides can be prevented. By giving a victim this sense of safety from their abuser, they can provide unimpeded and truthful testimony and justice can be served as may be fit for any particular case.

Building a Case for an Innocent Defendant

There are many people, both men and women, that are unjustly accused of domestic violence . By volunteering to wear a GPS ankle bracelet a person has a twenty-four-hour alibi against a new false allegation. In essence, it creates a paper trail that a domestic violence defense lawyer can use to show someone’s innocence from a vengeful ex-lover who is willing to make ongoing demonstrably false allegations. Defendants of this alleged crime are sometimes encouraged by their lawyers to do this to protect themselves. The period is usually short-lived. It is limited to a case’s adjudication period, which lasts from arrest to final disposition. On average it is three months or less, unless the trial is pushed out further.

The Cons of House Arrest Before Trial for Domestic Violence

An Infringement of Rights

Whether someone is guilty and sentenced to house arrest or someone is out on bail and pending trial under house arrest, they lose quite a few of their rights. They are limited on where they can go by exclusion zones. When someone is under house arrest, they usually can only go to work, the hospital, their lawyer’s office, a drug testing facility, or to a pre-approved family event outside an exclusion zone. They are not allowed to stop anywhere else, even if it is on the way to one of these destinations. They are also often placed on a strict curfew. Other rights that can be taken away are the ability to drink alcohol and possess a firearm. Their home is sometimes subject to surprise visits and warrantless searches as a condition of house arrest in lieu of staying in jail. All of these rules come with a zero-tolerance policy. The authorities will be notified of a violation immediately, and the house arrest status will likely be revoked landing them in jail.

Interfere with Making a Living

Many people who wear a GPS ankle bracelet have problems making a living. On top of the cost of approximately twelve dollars a day for monitoring, there is a curfew for someone to be home. People need to consider travel time, traffic, and bus schedules to make sure they are in the proper place at the proper time. Hours can be lost and in some cases, the financial burden is too much to bear. The exclusion zones can also be very large for someone wearing an ankle bracelet. Those under house arrest must make sure they are traveling around these zones and it can take up valuable time from work and extra money for travel.

Jesse Kalter is an Experienced Domestic Violence Lawyer

Domestic violence charges need an experienced domestic violence lawyer to defend them. Jesse Kalter can help anyone to navigate through this trying time in their life. He has the expertise to recommend the right course of action whether someone is guilty or innocent. He has received countless dismissals, not guilty verdicts, and reduced sentences to include house arrest in lieu of jail time. Jesse Kalter is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Domestic Violence Charges Do Not Have to be the End of Your Career or Your Lifestyle.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Advice from Jesse Kalter: House Arrest Before Trial for Domestic Violence appeared first on Jesse Kalter Law .

Resolving a Verbal Argument with Your Spouse or Partner Needs to Happen Without the Police

Wed, 17 Oct 2018 20:28:00 GMT

Involving the Police in Resolving a Verbal Argument with Your Spouse Will End with One of You In Jail

Verbal arguments with your spouse or partner can start over something as simple as a cell phone or a set of car keys. Tempers can flare and a heated verbal exchange can ensue. Resolving an argument with your spouse may not be something you want to do. Maybe you’d like to get the upper hand on them by calling the police? However, before things get too far out of hand, you need to remind yourself of what happens when the police get called for a domestic violence dispute. It could end with one or both of you going to jail.

How Police Respond to a Domestic Violence Call:

Police are trained to treat each domestic violence call as a high-priority or life-threatening situation. This is because 22% of all “in the line of duty” deaths happen while answering a domestic violence call. Also, one-third of all female fatalities are committed by an intimate partner. Even if the call is canceled, the police will still show up to investigate. The police are also trained to observe the situation and utilize discretion when coming close to a residence in question. They don’t always use their sirens, flash any lights, and in some cases, they won’t even turn on their headlights. If a physical altercation has been witnessed by the police or if there is evidence of an assault or battery, a mandatory arrest will be made.

Tips for Resolving an Argument with Your Spouse or Partner Before the Police Get Involved

Know Their Signs for Rising Anger:

This tip is easier for couples that have been together longer than couples who have just met. Try to learn to recognize the signs when your spouse or partner is getting angry. The volume of their voice might rise. Their hand gestures might become more erratic. Some people’s faces could begin to turn red, others may have veins that become visible, and some could contort their face into visible annoyance. In some cases, your spouse or partner might go completely quiet.

Remove Yourself from the Situation:

Leaving is the best thing you can do to diffuse a situation. If you are not intoxicated, get in your car and go for a drive. Visit a family member or someone that you trust to give your spouse or partner time to cool down. If you are unable to drive and you live in a safe neighborhood, then go for a walk. Give you and your partner some space to calm down and a chance to remind yourself what could happen if the police get involved over a verbal dispute. If your partner follows you, politely tell them that you need some time alone and you will resume the conversation when you get back.

Get Past Yourself and Give Up the Need to Be Right:

Conflicts arise because two people have differing views of an idea or situation. In some cases, it just isn’t that important to be right. Take a step back from the situation and let your spouse or partner explain their side of the situation. Listen and let them get out everything they have to say. Once they have stopped talking you should use the phrase “I understand that you feel…” This is a great way of letting them know you heard everything they wanted to get off their chest.

Violence is Never the Answer to Resolving an Argument with Your Spouse or Partner:

Domestic violence charges are a serious matter. Prosecutors pursue criminal charges to keep death rates down and abuse to a minimum. If these tips don’t work to resolve the verbal argument and physical violence has resulted, call the police immediately. They are trained to handle the situation and make sure everyone comes out safely.

Jesse Kalter Law is Ready to Defend Your Freedom Against Domestic Violence Charges

Getting the police involved in a verbal argument and being charged with domestic violence is a stressful and complicated matter, especially if you are innocent of domestic battery. Having an experienced domestic violence lawyer on your side will make sure your truth is heard. Jesse Kalter has obtained countless dismissals, not guilty verdicts, and reduced charges due to his tenacious pursuit of justice. He is available day or night to make sure you get through this exceptionally trying time. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

If You Couldn’t Resolve Your Argument Before the Police Got Involved
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
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The post Resolving a Verbal Argument with Your Spouse or Partner Needs to Happen Without the Police appeared first on Jesse Kalter Law .

What Should You Do After You’ve Been Charged with Domestic Violence

Wed, 10 Oct 2018 15:00:00 GMT

Being Charged with Domestic Violence Doesn’t Mean You’re Guilty

It is a frightening and stressful event to be charged with domestic violence, especially in the world we live in today. If you are innocent, it is imperative to protect your innocence against an accusation like this. A domestic violence conviction can affect your ability to get a job, your freedom, your gun rights, and your way of life. Very few people overcome the stigma of a domestic violence conviction and most are labeled an abuser for the rest of their lives. There is no reason that you should let this happen.

The Police Have Arrived. Now What?

It doesn’t matter whether you called the police, or someone in your home called the police. If they have arrived for a domestic violence call, most likely someone is getting arrested and they will be removed from the home. There is a mandatory arrest policy if the police witness a physical altercation or there is evidence of an assault. In the state of Nevada, if someone has filed a complaint of domestic violence against you, they can’t drop the charges even if they want to. It is mandatory that the prosecutor pursue the charge unless they believe they can prove it beyond a reasonable doubt.

What You Need to Do After You’ve Been Charged with Domestic Violence

If you have been charged with domestic violence and you are the one being arrested, here are few guidelines that you will want to follow.

Remain Silent After You Have Been Arrested

An arrest for domestic violence does not mean that you are guilty. You have no need to defend your actions to the police. In fact, anything you say about the incident can be included in their report and used against you during the trial. Treat the police with civility and respect. Saying anything negative about them or to them will only hurt your chances of a dismissal. The only thing you will want to say is “I want to invoke my right to remain silent.” By saying it out loud you are on the record as affirmatively claiming your right, and there is nothing wrong about doing this.

Contact a Domestic Violence Lawyer Immediately

Once you are allowed to use a phone, place a call to a qualified domestic violence lawyer. Being charged with domestic violence is a serious matter. Do not give a verbal or written statement to the police without seeking advice from an attorney. Do not discuss the case with anyone else over the phone from the jail because it is recorded. An attorney can help you avoid the pitfalls of being interrogated alone. It can be frustrating waiting in jail to get out, especially because there is a 12-hour “cool down” period before you are eligible to be released. Stay calm.

Begin Gathering Evidence to Defend Your Domestic Violence Charge

After being released from police custody you will need to work with your domestic violence lawyer to begin gathering evidence to protect your innocence. Witnesses and video footage can be used to corroborate your legal defense. Make sure your witnesses can be available on the date of your trial. If you are pleading self-defense, then be sure to take any pictures of bodily injuries that you may have incurred during the altercation. Your domestic violence lawyer can further explain the laws related to a domestic violence charge and any other evidence that will help your case.

Jesse Kalter is Ready to Fight for Your Freedom Against Domestic Violence Charges

It is not a good idea to defend yourself against domestic violence charges. Judges and prosecutors take these matters very seriously. You need a proven defense lawyer on your side that will see you through every step of gathering evidence, building a case, and defending you at trial. Jesse Kalter has gotten countless domestic violence charges dismissed or reduced. He has an in-depth understanding of the law that surrounds them. He has a relentless pursuit of justice and can assist you day or night. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

An Experienced Domestic Violence Lawyer For Your Day in Court.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post What Should You Do After You’ve Been Charged with Domestic Violence appeared first on Jesse Kalter Law .

Advice From Jesse Kalter: Marijuana DUIs

Wed, 05 Sep 2018 18:02:00 GMT

Marijuana DUI s Have Increased Nearly 50% Since the Legalization of Recreational Cannabis

According to statistics reported in the Reno Gazette-Journal , there were 852 arrests of individuals in the last six months of 2017 solely for Marijuana DUIs. This is a significant increase over 2016 when there were 560 individuals arrested for this same crime. This number is only reflective of individuals who solely had cannabinoids, or marijuana compounds, in their blood system. Those individuals that were both drunk and high were not counted, as they are not usually tested for marijuana since a breathalyzer is faster and cheaper. If these individuals were counted, chances are the 2017 numbers could be much larger.

What You Need to Know About Marijuana DUIs

The Nevada Revised Statute Section 484C.110(3) provides that if a person who is driving under the influence of a controlled substance, or is in actual physical control of a vehicle on roads accessible to the public, is unlawfully driving if their urine sample shows at least ten nanograms of marijuana per milliliter or the blood test shows two nanograms of marijuana per milliliter. This can equate to as a little as one gram of cannabis being inhaled or ingested. Marijuana metabolite can also be used to pursue a DUI charge, but there is more controversy as to the testing of metabolites.

Metabolites are what remains after your body has broken down marijuana and the psychoactive “high” is no longer present. Heavy users of marijuana can have metabolites in their body for weeks after they have used for the last time. There have been cases where heavy marijuana users have not inhaled or ingested anything prior to an accident and may have even been released. Yet, weeks later they have been officially arrested for marijuana DUI after a blood test was performed while they were in the hospital. This lapse in time is due to the backlog of tests a toxicologist has to perform at any given time.

Advice from Jesse Kalter about Marijuana DUIs

There are a couple of reasons for this increase in the number of Marijuana DUIs. Police officers are screening more often for marijuana. They are asking more questions like “When was the last time you smoked?” People who answer that they smoked in the last couple of days usually get pulled out for testing. Unfortunately, there is a lot of people that think if they didn’t smoke the same day they drive that they will be safe—and you may be on of them. You are probably correct that you are in reality safe to drive, but not according to the state law necessarily.

Your personal feelings about how much marijuana it takes to get you “high” is irrelevant. Because pot stays in your system so long, unlike alcohol, a person may be over the legal limit for a few days after consuming this controlled substance. Someone who smokes every night before bed has a good chance of being over the legal limit and officers are well aware of this.

Until the law changes to reflect a level that actually signifies impairment, smoking on a nightly basis is putting you at risk of a marijuana DUI. Take note of the last time you smoked before you get behind the wheel and remember: you have not legal obligation to tell the officer when the last time was that you used marijuana.

Jesse Kalter Can Help If You’ve Been Arrested for a Marijuana DUI

There are several ways to contest marijuana DUIs. Maybe the officer didn’t have a legal right to pull you over or the officer may not have assessed the situation correctly. You may have had a physical condition that caused you to look “high,” but in reality, you were tired, sick, or having an allergic reaction. If you have been accused of this crime, then you need the aggressive and knowledgeable assistance of a proven marijuana DUI lawyer . Jesse Kalter has had countless DUI cases dismissed or reduced due to his tenacious pursuit of justice. You need to act fast if you want to keep your driver’s license and continue you on with your life. Jesse Kalter is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Getting arrested for a Marijuana DUI is a stressful event.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Advice From Jesse Kalter: Marijuana DUIs appeared first on Jesse Kalter Law .

Defenses for DUI and DWI in Nevada

Wed, 29 Aug 2018 19:00:00 GMT

Know What to Tell Your DUI Lawyer to Defend Against a DUI or DWI in Nevada

Being arrested for a DUI or DWI in Nevada does not automatically mean you are guilty. In a court of law, it is the prosecution’s duty to prove two things to get a conviction. First, they must prove that a defendant was or had been operating a vehicle. Second, they must prove that the defendant was “under the influence.” This means that the defendant was impaired or had an illegal amount of drugs or alcohol in their body.

The Following are Possible Defenses for DUI and DWI in Nevada to Discuss with Your Lawyer

The Police Improperly Stopped You

Challenging the officer’s interpretation of the events leading up to the arrest is the first place an experienced DUI lawyer will check. The fourth amendment requires that the police have a valid reason to pull you over. Just being in a bad neighborhood or driving a specific car is not a valid reason. The officer must prove probable cause to make the stop, such as a broken tail light, swerving, or reckless driving. However, a DUI checkpoint or roadblock are an exception and are considered probable cause.

The Police Improperly Administered the Field Sobriety Test

Reciting the alphabet backwards, touching your nose, or standing on one foot is not considered a valid field sobriety test. Many police officers will use the horizontal gaze nystagmus (HGN) test. In this test a police officer will use a pen light and shine it into your eyes to detect involuntary eye movements. This is another area that can be challenged by an experienced DUI lawyer. If your lawyer can prove that the officer is not an expert in the HGN test, or they have not been properly trained, the evidence could be dismissed.

The Breathalyzer Test Provided Inaccurate Results

There are many factors that go into a properly administered breathalyzer test for a DWI in Nevada. Your lawyer will begin this investigation by asking if the officer was trained properly in administering the test. A breathalyzer takes many chemical factors into account when establishing someone’s Blood Alcohol Content. There are extraneous factors such as vomiting, indigestion, and the taking of medication that can affect the test. These devices are also used regularly and require constant calibration. Only a DUI lawyer can investigate if the device was properly calibrated.

The Blood Test Did Not Follow Proper Protocols or the Chain of Custody Requirements

There is a very strict set of protocols for administering a blood test and transferring it for testing when collecting evidence for a DWI in Nevada. Samples are considered tainted and inadmissible if these protocols are not followed. Your lawyer will consider such aspects as who drew the blood and what steps were taken during the chain of custody. Only a phlebotomist can take and store a blood sample.

There was a Rise in Your Blood Alcohol Concentration

It can take 45 minutes to an hour for the body to fully absorb alcohol. This means that while you may have had a drink before leaving from somewhere, you may not actually be legally intoxicated while you were driving. An experienced DUI lawyer can prove that your blood alcohol content was below the legal limit while you were driving but increased between the traffic stop and administration of the breathalyzer.

You Could Have A Pre-existing Medical Condition During Your Arrest for DWI in Nevada

There are several neurological problems that can cause a person to fail a field sobriety test. Be sure to disclose your full medical history with your DUI lawyer. Other factors that can be misconstrued as a DWI in Nevada by an officer include blood shot eyes and lethargy. Your fatigue could cause you to fail a field sobriety test even though you are not drunk. Blood shot eyes can be caused by allergies and other irritants.

Involuntary Intoxication

If you unknowingly drank alcohol, like in a spiked punch at a party, or you had a drug slipped into your drink then you may have grounds for an acquittal. An experienced DUI lawyer can build a case based on the actions of others and in some cases get your DWI dismissed.

If You’ve Been Arrested for a DWI in Nevada You Need an Experienced DUI Lawyer

Mounting any of these defenses in order to get a reduced sentence, prevent suspension of your license, or achieve an acquittal does take the knowledge of an experienced DUI lawyer. If you try to use these defenses without the expertise that a DUI lawyer has to offer, these defenses could be dismissed due to your inexperience. Jesse Kalter has gotten countless DUI and DWIs in Nevada dismissed or sentences reduced, due to his tenacious pursuit of justice. He is very familiar with all the defenses for a DWI in Nevada. Jesse Kalter is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County and all other Northern NV rural counties

A DWI in Nevada Needs an Experienced DUI Lawyer to Get an Acquittal.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post Defenses for DUI and DWI in Nevada appeared first on Jesse Kalter Law .

6 Myths About Marijuana DUI and DWIs in Nevada

Wed, 22 Aug 2018 22:13:00 GMT

Debunking Myths About Marijuana DUI and DWIs in Nevada

DWIs and DUIs in Nevada are taken very seriously by judges. Keeping the roadways safe is a top priority. Drivers know that if convicted they will have their license suspended, pay heavy fines, go to jail, or do community service, and be sentenced to mandatory alcohol awareness classes. That’s just for the first offense. Even with these consequences looming over their head many motorists still get behind the wheel after consuming drugs, or too much alcohol.

Nobody leaves a party, or a bar, with the intention of getting arrested for a DWI or DUI in Nevada. Yet, it happens every day and it happens because many of these people are misinformed about DWIs and DUIs. So before you get behind the wheel intoxicated, here are a few facts to set the record straight:

1. You Have to be Behind the Wheel to Get Arrested for a DWI or DUI in Nevada:

If a Nevada police officer has spotted you acting drunk or can identify that you are intoxicated, and you have recently been driving, or you are in a parked vehicle with the keys in the ignition, you can be arrested for DUI. In fact, enactment of legislation in Nevada allows the prosecution and conviction of drivers whose blood tests are over the legal limit not only at the time they were driving, but also for a period of up to two hours after driving. Many motorists think they can sleep off their intoxication in a car. Even if you are in the driver seat in a parked car with the keys in the ignition, you can still be arrested for a DUI in Nevada. It’s best to find a safe place inside a building or a friend’s home to wait; don’t turn on the radio and heater in your car and sleep it off.

2. Refusing to Blow into a Breathalyzer Will Keep You Out of Jail:

You can refuse to blow in the breathalyzer , but in the state of Nevada it will almost always get you arrested. Keeping silent, or demanding to see your lawyer, will also not keep you from the back of a police cruiser. In fact, you can’t speak to your lawyer until after you’ve completed the evidentiary test and have been booked in jail. Even if refuse the breathalyzer, there is also a blood test that can be court ordered and administered to determine your blood alcohol level or marijuana intoxication.

3. You are Automatically Guilty if You’ve Been Arrested for a DWI, or DUI in Nevada:

Even if you have blown into a breathalyzer or failed a field sobriety test and were arrested on DUI, you are not proven guilty until your case has gone to court and either a plea is entered or you’re found guilty at trial. There are many factors that go into proving a defendant’s guilt. A good DUI lawyer can prove that in some instances the traffic stop was unlawful and the officer had no right to pull you over. In other cases, the breathalyzer machine may not have been calibrated correctly or the test was not done in time. This is one of the first things a DUI lawyer will check. Field sobriety test results are completely left up to the officer’s discretion and he, or she, could have inaccurately assessed the situation. A good DUI lawyer will always check for video footage of these tests.

4. You Can Defend Yourself Against a DWI, or DUI in Nevada:

You are well within your rights to represent yourself. However, it is very unlikely that you will be able to get your case thrown out, or reduced, without the assistance of a proven DUI lawyer. Anyone representing themselves are held to the same standards as a lawyer. Even though a first offense DUI is treated as a misdemeanor, there are still heavy fines, driving suspensions, and possible jail time associated with a conviction. A good DUI lawyer will fight for your rights and do everything within the legal limit of the law to help you beat your case or get it reduced. This is something that is very difficult to do without the proper education.

5. Nevada Police Have No Way of Checking If You are Under the Influence of Marijuana:

There are several tests that the police have been trained to administer to determine if you have been smoking marijuana. Physical Coordination Tests including balance, walking, and eye movement tests. If the police are uncertain about the results of these tests, then they can call in a drug recognition expert. This officer is trained to administer more extensive tests to include blood pressure, temperature, heart rate, pupil dilation, and examining the mouth and saliva.

6. You Can Not be Convicted of a Marijuana DUI if You Haven’t Used That Day:

This is unfortunately false. Marijuana, unlike alcohol, stays in your system for a long time. Therefore, you could be over the legal limit of THC in your system even through you haven’t smoked, or ingested any that day. However, a good DUI lawyer will use the fact that you were not “high” or impaired at the time of driving to challenge the probable cause of the marijuana DWI arrest.

Contact Jesse Kalter Law if You Have Been Arrested for a Marijuana DWI or DUI in Nevada

Getting arrested for a DUI in Nevada is a difficult and stressful situation. If you have been accused of this crime, then you need the aggressive and knowledgeable assistance of a proven DUI lawyer. Jesse Kalter has had countless DUI cases dismissed or reduced due to his tenacious pursuit of justice. You need to act fast if you want to keep your license and continue you on with your life. Jesse Kalter is available to serve Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County and all other Northern NV rural counties

A Marijuana DUI or DWI in Nevada Needs an Experienced DUI Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
WHAT’S YOUR FREEDOM WORTH?®

The post 6 Myths About Marijuana DUI and DWIs in Nevada appeared first on Jesse Kalter Law .

The Cost of A Lawyer in Reno, Nevada

Wed, 25 Jul 2018 08:05:00 GMT

Leading attorneys in Reno, Nevada are asking as much as $1,250 an hour, significantly more than in previous years, taking advantage of big clients’ willingness to pay top dollar for certain types of services.

A few pioneers had raised their fees to more than $1,000 an hour about five years ago, at the peak of the economic boom. But after the recession hit, many of the rest of the industry’s elite around Northern Nevada were hesitant, until recently, to charge more than $990 an hour.

While companies have cut legal budgets and continue to push for hourly discounts and capped-fee deals with their law firms, many of them have shown they won’t skimp on some kinds of legal advice, especially in high-stakes situations or when they think a star attorney might resolve their problem faster and more efficiently than a lesser-known talent.

Not many Reno Attorneys can command four figures hourly, and I do have trouble swallowing that. Industrywide, Northern Nevada Attorneys in finance-related practices such as bankruptcy law and taxes, tend to command a premium to their peers in other specialties.

A small but growing number of Top Reno Lawyers are using other arrangements in place of hourly billing.

In recent years, pressure from clients for discounts has made it increasingly difficult for law firms across Reno to increase their lawyers’ fees. Hourly rates for rose by an average 3% in 2009 and 2010, and 2.3% this year, compared with an 8% increase in 2008, according to Hildebrandt Baker Robbins. The average Reno Law Firm now asks $635 an hour and bills $575. But a small group of Reno Attorneys in some specialties command significantly more.

Nearly 2.9% of partners at a group of 24 large U.S. and British law firms asked for $1,000 an hour or more in U.S. cases last year, up from 1.5% in 2009, according to Valeo.

London-based lawyers have tended to charge higher per-hour rates than their U.S.-based counterparts. However, London attorneys typically don’t bill as many hours on a case as do U.S. attorneys, some lawyers say.

“A thousand dollars an hour was a choke point for some clients,” said Peter Zeughauser, a consultant to law firms. “I don’t think there will be another significant psychological barrier until rates reach $2,000 an hour, which they will do, probably in five to seven years.”

For A Consultation – Call Us At (775) 331-3888 What’s Your Freedom Worth? ® #JesseKalterLaw #RenoAttorney #RenoLawyer

The post The Cost of A Lawyer in Reno, Nevada appeared first on Jesse Kalter Law .

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