Understanding Your Miranda Rights in Nevada

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:


  1. You are in custody, and
  2. 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.

Reckless Driving in Nevada: More Serious Than You Think

By Max Stovall • October 8, 2025
Many drivers think of reckless driving as just another traffic ticket. In reality, Nevada treats reckless driving as a criminal offense — and the penalties can be just as serious as some DUI charges. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a reckless driving conviction can affect your license, your insurance, and even your criminal record. What Is Reckless Driving in Nevada? Under Nevada law (NRS 484B.653), reckless driving means driving “in willful or wanton disregard of the safety of persons or property.” This is more than just speeding — it’s driving in a way that deliberately ignores safety. Examples can include: Excessive speeding far above the posted limit Aggressive weaving through traffic Street racing Running multiple red lights or stop signs Passing illegally in dangerous conditions Even a single act of extremely dangerous driving can qualify. Penalties for Reckless Driving The penalties for reckless driving in Nevada depend on whether it’s your first offense and whether anyone was injured. First offense (no injury): Misdemeanor criminal charge $250–$1,000 fine 8 demerit points on your driving record Possible jail time of up to 6 months (rare for first offenses, but possible) If someone is injured or killed: Felony charges , with the possibility of 1–6 years in prison Significantly higher fines Permanent criminal record Reckless Driving vs. DUI In some cases, DUI charges can be reduced to reckless driving as part of a plea deal. While reckless driving is still a criminal offense, it usually carries fewer long-term consequences than a DUI. However, this doesn’t mean a reckless driving conviction is “no big deal” — it still goes on your record and can lead to license suspension. How Reckless Driving Impacts Your Record Reckless driving is not just a traffic citation — it’s a misdemeanor or felony criminal offense, depending on the circumstances. A conviction will appear on background checks, can cause your insurance rates to spike, and may affect certain job opportunities that require driving. Demerit points also stay on your driving record for 12 months, and too many points can lead to a license suspension. Defending Against a Reckless Driving Charge An experienced Nevada defense attorney can challenge a reckless driving charge by: Questioning the accuracy of speed readings or other evidence Showing that your driving did not meet the legal definition of “reckless” Negotiating for a reduced charge, such as careless driving, which carries fewer penalties Every case is different, but having legal representation can make a big difference in how your case is resolved. Protect Your Record and Your License At Max Stovall Law, we represent clients facing reckless driving charges throughout Douglas County and Washoe County. We know how quickly a moment on the road can turn into a serious legal problem — and how to fight for the best possible outcome. If you’ve been charged with reckless driving, don’t take it lightly. Contact us today for a free consultation and start protecting your driving record and your future.

Divorce in Nevada: What to Expect in Douglas and Washoe Counties

September 24, 2025
Going through a divorce can be one of the most stressful experiences of your life. Questions about money, children, and the future can feel overwhelming, and the legal system adds another layer of uncertainty. If you’re considering divorce in Douglas County, Washoe County, or anywhere else in Northern Nevada, here’s a complete guide to how divorce works in Nevada — from filing requirements to final judgment. Residency Requirements To file for divorce in Nevada, at least one spouse must live in the state for six consecutive weeks before filing. Residency must be proven, often with a signed affidavit from a witness who can confirm your presence in the state. This relatively short residency requirement makes Nevada one of the easier states in which to file for divorce. Where to File Divorces must be filed in the district court for the county where either spouse lives: Douglas County: Ninth Judicial District Court in Minden Washoe County: Second Judicial District Court in Reno Filing in the correct county ensures your case proceeds smoothly. Grounds for Divorce in Nevada Nevada is a no-fault divorce state, meaning you don’t have to prove wrongdoing like adultery or abandonment. Instead, most divorces are filed under: Incompatibility (irreconcilable differences) Living separately for at least one year without cohabitation Contested vs. Uncontested Divorce Uncontested divorce: Both spouses agree on all issues, including custody, property division, and support. This is the fastest and least expensive option, sometimes finalized within weeks. Contested divorce: Spouses disagree on one or more major issues. This process can take months or longer, often requiring hearings, mediation, or a trial. Key Issues in Nevada Divorces 1. Division of Property Nevada is a community property state. This means all assets and debts acquired during the marriage are generally divided 50/50. Separate property — assets owned before marriage or received as gifts/inheritances — typically remains with the original owner. Disputes often arise over business interests, retirement accounts, and real estate. 2. Spousal Support (Alimony) Alimony isn’t automatic in Nevada. Courts consider factors such as: Length of the marriage Financial needs and earning capacity of each spouse Contributions to the household or one spouse’s career Standard of living during the marriage Support may be temporary, rehabilitative (helping one spouse retrain for work), or long-term. 3. Child Custody and Support Custody decisions are made based on the best interest of the child (NRS 125C.0035). Courts prefer joint custody when possible, but factors such as stability, parental fitness, and history of domestic violence or substance abuse weigh heavily. Child support is calculated using Nevada’s statutory guidelines, which consider the parents’ income and the number of children. Divorce Timeline in Nevada Uncontested divorce: As little as 6–8 weeks Contested divorce: 6 months to over a year, depending on complexity and court schedules Costs of Divorce The cost of divorce varies. Court filing fees in Washoe and Douglas Counties are typically several hundred dollars. Attorney fees depend on whether the divorce is uncontested or contested — contested divorces are significantly more expensive due to additional hearings and trial preparation. Mediation and Alternatives Nevada courts encourage mediation for custody and parenting disputes. Mediation can help couples avoid long, costly trials while maintaining more control over the outcome. Modifying Divorce Decrees Life changes after divorce. Custody, support, and even alimony orders can sometimes be modified if you show a significant change in circumstances, such as job loss, relocation, or new financial needs. Local Representation in Douglas and Washoe Counties Divorce is never easy, but you don’t have to go through it alone. At Max Stovall Law , we guide clients in Douglas County, Washoe County, and throughout Northern Nevada through every step of the divorce process. From straightforward uncontested cases to complex, contested divorces, we fight to protect your rights, your children, and your financial future.