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By Max Stovall August 11, 2025
In Nevada, there’s a big difference between simple drug possession and possession with intent to sell — and the penalties reflect it. If prosecutors believe you planned to sell, distribute, or even share drugs, the charges you face can escalate quickly from probation-eligible to prison-mandatory. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding how these cases are handled — and how prosecutors try to prove “intent” — is key to defending yourself. How Nevada Defines “Possession With Intent to Sell” Under Nevada law, you can be charged with possession with intent to sell if prosecutors believe you: Had a controlled substance in your possession, and Planned to sell, deliver, or distribute it Here’s the important part: You don’t have to be caught in the act of selling to face this charge. Intent can be based entirely on circumstantial evidence. What Counts as Evidence of Intent? Police and prosecutors may try to prove intent to sell by pointing to: The amount of drugs in your possession — more than what would typically be for personal use Packaging materials, like multiple small baggies or containers Large amounts of cash, especially in small bills Scales or other measuring devices Text messages, call logs, or social media messages suggesting drug transactions The presence of weapons alongside the drugs In other words, the same quantity of drugs could result in vastly different charges depending on how it’s packaged, stored, and what else is found with it. Penalties for Possession With Intent to Sell in Nevada Possession with intent to sell is a felony in Nevada, and penalties vary depending on the drug schedule and your prior record. For Schedule I or II drugs (like heroin, cocaine, or methamphetamine): First offense: Category D felony, 1–4 years in prison, fines up to $5,000 Second offense: Category C felony, 1–5 years in prison, fines up to $10,000 Third offense: Category B felony, 3–15 years in prison, fines up to $20,000 Lower schedules and marijuana have different penalty ranges, but the consequences are still severe — especially for repeat offenders. Possible Defenses An experienced defense attorney can challenge a possession with intent to sell charge in several ways: Arguing lack of intent — showing the drugs were for personal use, not for sale Challenging the search and seizure — if police violated your rights, the evidence could be suppressed Questioning the chain of custody — ensuring the drugs and evidence were handled properly from seizure to trial Pointing to insufficient evidence — if the state’s case is built on weak assumptions In some cases, your lawyer may negotiate a reduction from “intent to sell” down to simple possession, which often carries lighter penalties and may qualify you for probation or a diversion program. Local Courts, Local Strategies In Douglas County and Washoe County, possession with intent to sell cases are taken seriously by prosecutors and judges. But the details of your case — and the way it’s presented — matter. Local knowledge of how specific judges handle these charges, what diversion options exist, and how local prosecutors negotiate can make a significant difference in the outcome. Facing Drug Sale Allegations in Northern Nevada? We Can Help. At Max Stovall Law, we defend clients accused of drug crimes throughout Northern Nevada — from small-town arrests in Minden to large-scale investigations in Reno. We understand the high stakes and know how to challenge the evidence, protect your rights, and fight for your future. If you’ve been charged with possession with intent to sell, don’t wait until it’s too late to start building your defense. Contact us today for a free consultation — and let’s start protecting your future now.
By Max Stovall August 6, 2025
Drug laws in Nevada have changed over the years, especially when it comes to marijuana. But make no mistake — being charged with drug possession is still a serious matter that can have lasting consequences. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a possession charge can impact your record, your freedom, and your future opportunities. Understanding how Nevada handles drug possession — and what you can do if you’ve been charged — is the first step toward protecting yourself. What Counts as “Possession” in Nevada? Under Nevada law, possession means having control over a controlled substance, whether it’s on your person, in your car, in your home, or even somewhere else you have access to. There are three main types of possession: Actual possession – Having the drugs physically on you, like in your pocket or backpack. Constructive possession – The drugs aren’t on you, but they’re in a place you control, like your car, apartment, or storage unit. Joint possession – Two or more people share control over the same drugs. It’s also important to note that you don’t have to own the drugs to be charged — simply having access to them can be enough for prosecutors to pursue a case. Controlled Substances in Nevada Nevada classifies drugs into five schedules, based on factors like medical use and potential for abuse. Schedule I drugs (heroin, LSD, MDMA) are considered the most serious, with no accepted medical use and high potential for abuse. Schedule II–V drugs include substances like methamphetamine, cocaine, prescription opioids, anabolic steroids, and certain anxiety medications — many of which are legal with a valid prescription but illegal to possess otherwise. Marijuana is treated differently from other controlled substances, but possession over the legal limit can still lead to criminal charges. Penalties for Drug Possession in Nevada The severity of a drug possession charge depends on: • The type and amount of the substance • Your criminal history • Whether prosecutors believe you intended to use the drugs personally or distribute them First-time possession of a Schedule I or II controlled substance (other than marijuana) is typically a Category E felony, punishable by 1–4 years in prison and fines up to $5,000. However, first-time offenders are often eligible for probation or drug court, which focuses on rehabilitation instead of jail. Possession with intent to sell , or trafficking larger amounts, results in far more severe charges and mandatory prison time. Marijuana Possession in Nevada For adults 21 and over, it’s legal to possess: • Up to 1 ounce of marijuana flower, or • Up to ⅛ ounce of concentrated cannabis (like edibles, oils, or waxes) Possessing more than the legal limit — or possessing any amount if you’re under 21 — can still lead to criminal charges. Selling marijuana without a license is also a felony. Defenses to Drug Possession Charges A strong defense can mean the difference between a conviction and a clean record. Depending on the facts, your attorney may challenge: • Whether the drugs actually belonged to you • How the drugs were found (illegal searches can make evidence inadmissible) • Whether law enforcement respected your constitutional rights during the arrest • The lab results confirming the substance In some cases, it’s possible to negotiate reduced charges, enter a diversion program, or have the case dismissed entirely. Why Legal Representation Matters Even if you think the charge is “minor” — especially for a first offense — a conviction can follow you for years. It can affect employment, housing, professional licenses, and your ability to obtain certain loans or benefits. An experienced Nevada criminal defense attorney knows the local courts, understands the programs available for first-time offenders, and can fight to protect your record and your future. Charged with Drug Possession in Douglas or Washoe County? We Can Help. At Max Stovall Law, we represent clients facing drug charges throughout Northern Nevada — from simple possession to serious trafficking cases. We know the stakes, we know the law, and we know how to fight for the best possible outcome. If you’ve been charged with drug possession, don’t wait until your court date to get help. Contact us today for a free consultation — and take the first step toward protecting your freedom and your future.
By Max Stovall July 11, 2025
If you’ve ever watched a crime drama on TV, you’ve probably heard the famous line: “You have the right to remain silent…” But in the real world — especially if you’ve been arrested or questioned by law enforcement — understanding what your Miranda rights actually mean can make or break your case. Whether you’re facing charges in Douglas County, Washoe County, or anywhere else in Nevada, it’s crucial to know your rights — and how to use them wisely. What Are Miranda Rights? Miranda rights come from the 1966 U.S. Supreme Court case Miranda v. Arizona. The ruling requires police to inform you of specific constitutional rights before conducting a custodial interrogation — that is, questioning you while you’re in police custody. These rights include: The right to remain silent The right to an attorney The warning that anything you say can be used against you in court The right to have an attorney appointed if you can’t afford one These protections stem from the Fifth Amendment (protection against self-incrimination) and the Sixth Amendment (right to legal counsel). When Do Miranda Rights Apply in Nevada? Here’s a common misconception: police are not required to read you your Miranda rights at the time of arrest. In Nevada, your rights only need to be read if: You are in custody, and Law enforcement intends to question you So, if you’re arrested but not questioned, Miranda may not apply. Likewise, if you’re being questioned but are not technically in custody (for example, during a voluntary interview), your statements may still be admissible even if no rights were read. This gray area is where people often get tripped up — and why having a lawyer involved early matters. What Happens If Police Don’t Read You Your Rights? If you’re interrogated while in custody and your Miranda rights weren’t read, any statements you made may be considered inadmissible in court. That means the prosecutor can’t use them against you — and in some cases, it may lead to charges being reduced or dismissed. However, this does not mean your entire case is thrown out. The charges can still stand if there’s other evidence against you — like physical evidence, witness testimony, or surveillance footage. That’s why it’s so important to invoke your rights — and use them — from the moment you’re detained. How to Use Your Rights Effectively Knowing your rights is one thing. Using them wisely is another. If you’re stopped, questioned, or arrested in Nevada, here’s what to do: Say clearly and calmly: “I’m invoking my right to remain silent and I want to speak to an attorney.” Stop talking immediately. Even casual or offhand remarks can be used against you. Do not try to explain or justify yourself. That’s what your lawyer is for. Be respectful, but firm. You’re not required to answer questions, even if officers pressure you. This applies whether you’re in downtown Reno, at a traffic stop in Minden, or sitting in an interview room anywhere in the state. Miranda Rights Are a Tool — But Not a Loophole It’s important to understand that Miranda rights are not a “get out of jail free” card. They are there to protect you from coercion and help level the playing field between you and law enforcement. But if you waive those rights — either by speaking freely or answering questions — you may unknowingly harm your own case. That’s why having an experienced criminal defense attorney is essential. Your lawyer can challenge improper questioning, suppress statements made without proper Miranda warnings, and protect your constitutional rights at every stage of the process. Charged or Questioned in Northern Nevada? Don’t Go It Alone. At Max Stovall Law, we help clients across Douglas County, Washoe County, and greater Northern Nevada understand and assert their legal rights. Whether you’ve already been charged or you’ve just been contacted by police, we can step in, defend your rights, and help you make informed decisions from day one. Contact us today for a free consultation . We’ll walk you through what’s happened, what your options are, and how we can help protect your future — starting now.
By Max Stovall July 10, 2025
If you or someone you love is facing criminal charges in Nevada, one of the first questions that comes up is whether the charge is a misdemeanor or a felony — and what that actually means. The difference isn’t just about legal definitions. It impacts everything: the potential penalties, how the case is handled in court, what kind of criminal record you’ll have, and how your future could be affected. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding this distinction is key to knowing your rights and making informed decisions. Let’s break it down. What Is a Misdemeanor in Nevada? A misdemeanor is considered a less serious offense, but that doesn’t mean the consequences are minor. Common misdemeanor charges in Nevada include: Petty theft or shoplifting (under $1,200) Trespassing First-time DUI (without injury) Simple battery or assault Vandalism Possession of small amounts of controlled substances In most cases, a misdemeanor is punishable by up to 6 months in jail, fines up to $1,000, and other penalties like community service, mandatory classes, or probation. These cases are typically handled in municipal or justice courts, such as East Fork Justice Court in Douglas County or Reno Justice Court in Washoe County. Even though jail time is possible, many first-time offenders may be eligible for alternative sentencing, diversion programs, or suspended sentences — especially if they have a good attorney advocating for them. What Is a Felony in Nevada? A felony is a more serious offense under Nevada law and carries significantly harsher penalties. Felony charges include: Drug trafficking Domestic violence with prior convictions Assault with a deadly weapon Grand larceny (theft over $1,200) Robbery Sexual offenses Homicide Felonies are categorized into five classes (A–E), with Category A felonies (like murder) being the most severe, potentially resulting in life in prison or even the death penalty. Lower-level felonies (Category D or E) may carry a sentence of 1–4 years in prison but still result in a permanent felony record. Felony cases are handled in district courts — for instance, Douglas County District Court in Minden or Second Judicial District Court in Reno. A felony conviction can impact your right to vote, own firearms, get certain jobs or licenses, and even find housing. That’s why felony charges require a strategic and aggressive legal defense — even if it’s your first offense. Why the Difference Matters The classification of your charge as a misdemeanor or felony affects more than just the penalties — it affects how the case is handled, how your record is treated, and how much leverage you have during plea negotiations. For example: A felony may not be eligible for record sealing for many years — if at all A misdemeanor may be sealed much sooner, sometimes just a year after the case closes Judges and prosecutors approach felonies with more scrutiny Felony convictions come with collateral consequences like losing civil rights It’s also not uncommon for some offenses to be charged as either a misdemeanor or a felony, depending on the facts of the case. This is known as a “wobbler” offense — and it’s one of many reasons why having an experienced defense attorney can make a big difference. The right lawyer may be able to get charges reduced from a felony to a misdemeanor or argue for alternative sentencing options that preserve your future. Don’t Make Assumptions — Get Legal Help Early Whether you’re facing a misdemeanor or a felony charge in Douglas County, Washoe County, or anywhere in Nevada, it’s a mistake to assume that one is “not a big deal.” Any criminal charge can follow you for years if it’s not handled correctly. At Max Stovall Law, we help clients navigate both misdemeanor and felony cases with clarity, strategy, and strength. We’ve worked in the local courts, we know the prosecutors, and we understand how to advocate for the best possible outcome — whether that means getting charges reduced, negotiating alternatives to jail, or fighting the case in court. If you’ve been charged — or are under investigation — don’t wait. Contact Max Stovall Law today for a free consultation. We’ll help you understand what you’re facing and what steps to take next to protect your record and your future.
By Max Stovall June 23, 2025
If you’ve been charged with a crime for the first time — whether it’s a misdemeanor or felony — you might be wondering if it’s worth hiring a lawyer. After all, maybe you’re thinking, “It’s just my first offense… won’t the court go easy on me?” The truth is, even first-time charges in Nevada can carry lasting consequences. Whether you were arrested in Douglas County, Washoe County, or anywhere else in Northern Nevada, it’s important to understand how the legal system works — and how quickly things can escalate without proper representation. Here’s what you need to know about why hiring a criminal defense attorney for a first offense is not just smart — it’s essential. First Offenses Are Still Criminal Charges It’s a common misconception that first-time offenders get a “free pass.” While judges may sometimes show leniency to those with clean records, that’s not guaranteed — and it depends heavily on the type of charge, the circumstances, and how the case is presented. Even for something like shoplifting, minor drug possession, or a first-time DUI, you’re facing real consequences: fines, probation, loss of your driver’s license, mandatory classes, or even jail time. A conviction goes on your criminal record, which can affect job applications, housing opportunities, professional licenses, and immigration status. Having a lawyer helps ensure that one mistake doesn’t define your future. What a Lawyer Can Do in a First-Time Case An experienced criminal defense attorney does far more than just show up in court. From the beginning, your lawyer will: Review the details of your arrest to check for violations of your rights (like illegal searches or lack of probable cause) Advise you on how to plead — whether to fight the charge or negotiate for a reduced outcome Speak to the prosecutor on your behalf, often working behind the scenes to resolve the case before it ever goes to trial Pursue diversion programs or deferred sentencing if available, which can help you avoid a conviction altogether Protect you from unknowingly saying or agreeing to something that harms your case In short, your attorney becomes your advocate, your strategist, and your guide through a legal system that can be confusing — and unforgiving — if you try to navigate it alone. Local Knowledge Matters Court procedures and outcomes vary by county and even by judge. An attorney who knows the local courts in Douglas County and Washoe County will understand: How different judges typically sentence first-time offenders What types of plea deals local prosecutors are open to What diversion or alternative programs may be available How to get charges reduced or dismissed based on the court’s tendencies This local knowledge can make a huge difference in the final outcome of your case. Could You Represent Yourself? Technically, yes — you have the right to represent yourself. But in practice, going it alone is risky, even for a first offense. Without legal training, you may not recognize flaws in the state’s case, missing out on opportunities to challenge evidence, negotiate better terms, or avoid a permanent mark on your record. And unfortunately, once you plead guilty or no contest — even if you thought you were just trying to “get it over with” — that decision is difficult to undo. The consequences can follow you for years. Hiring a lawyer is an investment in your future, your reputation, and your peace of mind. Let Max Stovall Law Help You Move Forward At Max Stovall Law , we believe one mistake shouldn’t derail your life. We’ve helped first-time clients across Northern Nevada — from Reno to Minden — navigate the criminal justice system, protect their records, and find outcomes that allow them to move forward. Whether you’ve been charged with DUI, petty theft, drug possession, or another first-time offense, we’re here to fight for you — with compassion, clarity, and strength. If you’re facing your first criminal charge, don’t wait until it’s too late. Contact us today for a free consultation and get the guidance you need to make smart decisions — from the very first step.
By Max Stovall June 23, 2025
A felony arrest in Douglas County or Washoe County can feel like everything in your life is unraveling. Whether it happens during a traffic stop in Reno or an incident in Gardnerville, that moment when the handcuffs click can leave you scared, confused, and wondering what comes next. You may be facing unfamiliar charges, unfamiliar courtrooms, and what feels like an uncertain future. But here’s the truth: an arrest is not the same as a conviction. And no matter what the charge is, you still have rights — and options. Knowing what to expect can make all the difference. The Arrest and Booking Process After you’re arrested, law enforcement will transport you to the local jail — Douglas County Jail in Minden or Washoe County Jail in Reno. Once there, you’ll go through the booking process, which involves taking your fingerprints and mugshot, recording details about the arrest, and temporarily storing your personal belongings. This is often a disorienting experience, especially if you’ve never been in legal trouble before. During this time, it’s important to remain calm and say as little as possible. You’re not required to answer questions beyond providing basic identifying information, and anything you say can be used against you. Politely asking to speak to an attorney is one of the smartest things you can do. Bail and Release In many felony cases, the court will set bail — a financial amount meant to guarantee that you’ll return for future court appearances. Bail can be posted in cash, through a bail bond company, or in some situations, you may qualify for release on your own recognizance (OR). This means you’re allowed to go home while your case moves forward, without having to post money. Bail decisions are made based on several factors, including the seriousness of the charge, your criminal history, and whether you’re considered a flight risk. Your attorney can request a bail hearing to argue for a lower amount or OR release, and in some cases, may even be able to get you released the same day. Being out of custody allows you to better prepare your defense, maintain employment, and care for your family during a difficult time. The Arraignment Your arraignment is your first formal court appearance. This usually happens within a few days of your arrest at East Fork Justice Court in Douglas County or Reno Justice Court in Washoe County. During this hearing, the judge will explain the charges against you, and you’ll enter a plea — most often “not guilty” at this stage. The judge may also review or modify bail conditions. Having an attorney by your side for the arraignment is essential. Your lawyer will speak on your behalf, begin assessing the prosecution’s strategy, and help protect you from saying anything that could damage your case. Preliminary Hearing In Nevada, felony cases include a preliminary hearing — a critical step where the court determines whether there’s enough evidence for your case to move forward to trial. This isn’t a full-blown trial, but it’s often the first chance for your attorney to challenge the evidence, question witnesses, and identify weaknesses in the prosecution’s case. This hearing can be a turning point. In some situations, your charges may be reduced or dismissed entirely based on the arguments made during the preliminary hearing. Whether your case is being heard in a Douglas County or Washoe County courtroom, this is a moment where skilled legal representation can truly change the outcome. Pretrial Phase and Negotiations If the judge decides the case should proceed, it moves into the pretrial phase. This is when both sides gather and exchange evidence, and your attorney may file legal motions — for example, to suppress evidence that was obtained unlawfully or to request additional discovery. Many cases are resolved during this stage through plea negotiations. Your attorney will weigh the strengths and weaknesses of the case, advise you on your options, and negotiate with the prosecutor to seek a reduced charge or lighter sentence — if that’s the best path forward. However, not every case should end in a plea. If the evidence is weak or your rights were violated, your lawyer may recommend taking the case to trial. Trial or Case Resolution If your case goes to trial, it will likely be held in Douglas County District Court or Second Judicial District Court in Washoe County. Trials are complex, formal proceedings where the prosecution must prove every element of the charge beyond a reasonable doubt. Your defense attorney will present evidence, challenge the prosecution’s case, and advocate on your behalf before a judge or jury. If your case is resolved before trial — either through dismissal or a plea agreement — the court will proceed with sentencing. A good attorney will continue to advocate for leniency, alternatives to incarceration, or options like probation or diversion programs that may be available based on your background and the nature of the offense. The Stakes Are High — But You’re Not Alone A felony conviction in Nevada can result in significant prison time, heavy fines, and long-term consequences that affect employment, housing, and your civil rights. But the outcome of your case isn’t set in stone. The earlier you involve a knowledgeable criminal defense attorney, the better your chances of building a strong defense. At Max Stovall Law, we represent clients throughout Douglas County and Washoe County — from rural communities in the Carson Valley to the busy courts of downtown Reno. We understand the local court systems, know the prosecutors, and bring deep experience in handling everything from first-time offenses to major felony cases. If you or someone you care about has been arrested for a felony in Northern Nevada, don’t wait. The choices you make now could shape your future for years to come. Contact Max Stovall Law today for a confidential consultation — and take the first step toward protecting your rights and your future.
May 19, 2025
Looking for a lawyer in Minden, Nevada? Max Stovall Law provides criminal defense and family law services with local offices and a reputation for smart, compassionate representation.
By Max Stovall March 24, 2023
This blog post discusses the negative impact of lying to your lawyer. It emphasizes how dishonesty can lead to the breakdown of trust between clients and attorneys and harm the client's case outcome. The post highlights the ethical and legal implications of lying to your lawyer and encourages clients to be honest with their attorneys to receive the best legal representation.
By Max Stovall March 17, 2023
The Law Offices of Maximilian A. Stovall offers high-quality legal representation to clients in Douglas County, Nevada. This blog post provides an overview of the local court system, which includes the Justice Court, the District Court, the Court of Appeals, and the Supreme Court. The post emphasizes the importance of understanding which court has jurisdiction over a legal matter and offers guidance on how the experienced attorneys at the firm can help clients navigate this process. The post also highlights the quality of judges in the Douglas County courts and the firm's track record of success in representing clients in a range of legal matters.
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