large_Reno.webp

medium_Reno.webp

small_Reno.webp

thumbnail_Reno.webp

Reno.webp

Summer is the best time to get out and do stuff in Reno! &nbsp;July in particular is one of Reno’s most eventful months. Whether you’re planning on watching Fourth of July fireworks at Greater Nevada Field, or hitting up Food Truck Friday at Idlewild Park (seriously, bring your appetite), public events are best enjoyed safely and responsibly. Having awareness of Reno law when it comes to things like drug use, drinking, and open carry in public spaces, is important especially during this time of the year. Joey Gilbert Law is here to help you understand your rights and the various legal restrictions you face while you make the best of Reno’s events. &nbsp;Understanding the law helps you, and others, stay safe.Marijuana Use in PublicIf you’re downtown for the Biggest Little City Wing Fest on the 5th &amp; 6th or the Chalk Art Festival at the Atlantis on the 12th – 14th, you may be tempted to consume marijuana while you enjoy the festivities. First, you need to know the drug laws in Reno regarding public use.In the state of Nevada, although recreational cannabis is legal, cannabis consumption is meant to be used in private only. It is illegal to consume cannabis in public spaces, on federal land, or in your vehicle. Doing so may result in a fine. Consuming in casinos or hotels is also illegal.Driving while under the influence of marijuana is against the law and incurs similar penalties to driving under the influence of alcohol.If you’d like to consume at home before attending a public event, make sure you have a designated driver to give you a ride to and from the event.Public DrinkingJuly’s biggest events are, of course, the Fourth of July parades and fireworks. The Reno Aces are playing a night game against the Sacramento River Cats on July 4th and will be having a fireworks spectacular afterwards. Beer and hot dogs are staple foods of both ballparks and Independence Day, but if you’re planning on going out after the game, you should be aware of the restrictions on public intoxication.In Reno, while it is legal to be publicly intoxicated, there are restrictions against having an open container in public. In most areas it is illegal to be carrying an open container of any kind of alcohol, however, it’s legal when in enclosed special events. Don’t plan on taking your container outside of that event’s boundaries.In Nevada, it is always illegal to drive while under the influence of alcohol, so make sure to have a designated driver or some other way to get home – or you run the risk of being charged with a DUI.Open CarryOpen carry laws in Reno apply regardless of a public event. You may open carry in public spaces, but not in federal areas or buildings, school campuses, and you may be asked not to in casinos. &nbsp;You’ll also want to stay away from open carrying combined with either drugs or alcohol. &nbsp;Carrying a firearm is your right, but it’s also an awesome responsibility that should be treated as such.Now that you have an understanding of the public use restrictions in Reno regarding drug laws, drinking, and open carry law, you will be able to enjoy yourself responsibly without fear of fines or DUIs.Don’t forget to contact Joey Gilbert Law if you find yourself in some hot water this summer. &nbsp;Our team of attorneys are here to fight for you!

large_matthew-brodeur-qcCPIhhdgTw-uns.webp

medium_matthew-brodeur-qcCPIhhdgTw-uns.webp

small_matthew-brodeur-qcCPIhhdgTw-uns.webp

thumbnail_matthew-brodeur-qcCPIhhdgTw-uns.webp

matthew-brodeur-qcCPIhhdgTw-uns.webp

Joey Gilbert Law is here to help you understand your rights and the various legal restrictions you face while you make the best of Reno’s events.

Knowing the Law  During July Events

large_foto.webp

medium_foto.webp

small_foto.webp

thumbnail_foto.webp

foto.webp

Summer presents the perfect opportunity to get out and go to the lake with friends and family. Tahoe and the surrounding lakes in the Washoe County area provide an excellent place to lounge in the sand, ride jet skis, go boating, or go on a hike. Roughly 2.7 million people visit Tahoe per year making it quite the scene for summer fun and excitement. Tahoe offers a plentiful selection of beaches to visit and trails to hike.If alcohol is involved with any of these activities, it is vital to be aware of the possible consequences you encounter if you find yourself facing a jet ski or boating DUI.Lake Tahoe is shared between California and Nevada. It is important to keep in mind whether you are in the California territory or Nevada territory due to the laws differing between the two states. For example, in California alcohol sales are not allowed between 2 AM and 6 PM, whereas this is not the case in Nevada.There are a variety of regulations in Nevada to be mindful of:[checkicon]Operating any water craft while under the influence of alcohol is against the law regardless of the age of the driver. [checkicon]Proper certification is required to operate a watercraft in Nevada. A course and subsequent exam costing approximately $30, are necessary to certify your watercraft. And proper documentation is required to have on-hand if a law enforcement officer requests it. [checkicon]If a law enforcement agent observes behavior they believe may be related to substance use or abuse, they may stop the vehicle and request a test. This test cannot be denied. [checkicon]An average boating DUI may be considered a misdemeanor, however; when more severe circumstances are involved, this can become a felony charge. [checkicon]Not adhering to the restrictions surrounding a boating DUI is similar to a normal DUI, in that, it can incur fees – and in other circumstances can result in jail time.The repercussions of being in the water operating a vehicle under the influence are quite similar to those of being in a motor vehicle on land.Jet skis and sail boats fall under these regulations when it comes to watercrafts as well. Jet skis cannot be pulled behind a boat with a driver who is 14 or under without an adult present.It has been found that in 30 percent of fatalities resulting from boating under the influence the BAC (blood alcohol content) of the operator was greater than .01%. To ensure you and your family have a great time while boating, it is important to make sure the experience is safe not only for your family, but for others as well.A DUI in Tahoe can turn what was meant to be a fun family outing into a serious encounter with the law. Always keep in mind the regulations of the area in which you are boating.

large_matthew-brodeur-qcCPIhhdgTw-unsplash.webp

medium_matthew-brodeur-qcCPIhhdgTw-unsplash.webp

small_matthew-brodeur-qcCPIhhdgTw-unsplash.webp

thumbnail_matthew-brodeur-qcCPIhhdgTw-unsplash.webp

matthew-brodeur-qcCPIhhdgTw-unsplash.webp

Boating regulations in Nevada to be mindful of.

Safe and Legal Boating

large_Exceptions1 (1).webp

medium_Exceptions1 (1).webp

small_Exceptions1 (1).webp

thumbnail_Exceptions1 (1).webp

Exceptions1 (1).webp

Recently our Estate Planning Attorney, Samantha Amato, attended two events focusing on exceptions to the Attorney-Client Privilege regarding Estates and Trusts. The Probate Bar Luncheon and Wells Fargo’s Cannon Financial Seminar explained that a Trustee or Executor is typically considered the attorney’s client, but it may not be clear to clients that there are certain exceptions to the sacred attorney-client privilege. &nbsp;For this blog, we will discuss the statute that explains attorney-client privilege in relation to Estates and Trusts, and the statute that gives exceptions to this rule.The first statute we’ll look at is NRS 49.095, which is the general rule of privilege. This law states that a client has a privilege to refuse to disclose and to prevent any other person from disclosing, confidential communications between the client and lawyer. This could include disclosing information between the client or client’s representatives and the client’s lawyer or the representative of the client’s lawyer, between the client’s lawyer and the lawyer’s representative, or disclosure for the purpose of facilitating the rendition of professional legal services to the client, by the client or client’s lawyer to a lawyer representing another in a matter of common interest. Essentially it gives the client the power to control who has access to certain information and trusts in the lawyer to honor that nondisclosure.However, there are exceptions to this rule for Trusts and Estates which can be found in NRS 49.115. This law states that there is no privilege as to a communication relevant to an issue between parties who claim through the same deceased client. This exception to the privileged communications basically applies to family members, heirs, and beneficiaries. This law though does not apply to creditors, usually only family members and those involved in the Estate. This law can be broken down into five exceptions to the rule. &nbsp;If the services of the lawyer were sought or enabled to aid anyone to commit or plan what the client knew was a crime. Communications are relevant to an issue between parties who claim through the same deceased client. Communications are relevant to an issue of breach of duty by the lawyer and their client. Communications are relevant to an issue concerning an attested document to which the lawyer is attesting witness. Finally, communications relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer. Those five parts of the law are what grant lawyers the grounds to supersede attorney-client privilege regarding Trusts and Estates.Furthermore, there is a fiduciary exemption, which provides that a lawyer may not withhold attorney-client communications from trust beneficiaries or successor Trustees if the communications relate to the administration of the trust and if the lawyer’s services are paid for using trust assets. The discovery commissioner in the Second Judicial District Court of Nevada has recognized the fiduciary exception and thought that it could apply to both Trusts and Estates, which can be found in Restatement (Third) of Trusts, Section 82, comment F.If you have any question concerning attorney-client privilege for Trusts and Estates or are interested in setting up a Will or Trust, call our Reno law firm today at (775) 210-1501. We have knowledgeable and experienced attorneys who will guide you through the whole process.

medium_Exceptions_to_d8087cb6c6_11zon (1).webp

small_Exceptions_to_d8087cb6c6_11zon (1).webp

thumbnail_Exceptions_to_d8087cb6c6_11zon (1).webp

Exceptions_to_d8087cb6c6_11zon (1).webp

Learn about the events focused on exceptions to the Attorney-Client Privilege regarding Estates and Trust, attended by our attorney Samantha Amato.

Exceptions to  Attorney-Client Privilege

Samantha Amato is our Estate Planning Attorney, who does a myriad of things including helping clients make wills and trusts. Samantha recently attended “An Evening with the Nevada Supreme Court” through the Northern Nevada Women’s Lawyer Association.In honor of Women’s History month, the female lawyers wore white, which was the color embraced by the women’s suffrage movement to mark the 100th anniversary of Congress passing the 19th Amendment guaranteeing women the right to vote. The night started with a tour and networking event in the Supreme Court Law Library.Justice Miriam Shearing moderated the event and started off the night stating that she, as the 50th female member of the Nevada Bar, has seen a lot of positive changes over the years for female lawyers. The night further discussed changes in experience the female Justices have seen the past few decades regarding women lawyers. The rise of the level of respect for women lawyers was discussed with Justice Pickering telling a story of her early days as a young female lawyer. She says a Judge disciplined the male attorneys for referring to themselves with the respect of “Mr.” and calling Justice Pickering just “Kris”. The night was filled with inspiring stories told by some of the most powerful men and women in the State.The night ended with a discussion on the change in technology. Justices shared stories of having to hand write pleadings and orders to Dictaphones and transcribing to today’s era of e-filing and cell phones. Justice Shearing ended the night saying that no matter how evolved technology has become, one thing has remained the same… tech support always suggests you fix an error, by first turning off and turning on the device. As she said this, her cell phone started to ring in her purse, the audience and Justice Shearing all laughed.These sorts of events make you reflect on just how far this once highly male-dominated field has come. Joey Gilbert’s Reno law firm has a diverse mix of men and women, with the staff split nearly half and half. We have women lawyers handling many areas of law around the firm, like personal injury law, criminal law, immigration law, and estate planning.Women are that backbone of the business, playing roles like the legal assistant, administrative assistant, paralegal, and of course attorney. We as a legal team highly value the input and experiences that come from having both men and women at the forefront of the business. Women bring new perspectives to both the workplace and the law overall and as a company, we look forward to seeing more women in law firms and fighting on the floor of the court.

Samantha Amato, our Estate Planning Attorney, attended "An Evening with the Nevada Supreme Court”.

Evening With NVSC

large_Marijuana-Laws-02.webp

medium_Marijuana-Laws-02.webp

small_Marijuana-Laws-02.webp

thumbnail_Marijuana-Laws-02.webp

Marijuana-Laws-02.webp

Across the country, marijuana regulations are being radically changed by state legislatures as well as through voter initiatives. The movement to decriminalize marijuana has never been stronger, and significant shifts in the law have already been recognized. While there has been apparent change nationally, especially in Nevada, there are still marijuana offenses that are clearly being overlooked.It is now legal in Nevada to possess up to 1 oz. of marijuana. But using it in public is still a misdemeanor, carrying a $600 fine. And only adults 21 and older may possess it for personal use unless they have a valid medical marijuana card. In Las Vegas, it’s a felony charge if caught possessing more than 1 oz. of marijuana and possessing 50 lbs. or more is automatically prosecuted as trafficking, which may carry years in State Prison.Below are six marijuana offenses in Nevada, and the Reno area, that you need to be aware of.Possession of Marijuana[checkicon] Actual possession means physically holding or carrying the marijuana on one’s person. An example is keeping an edible in one’s pocket or handbag.[checkicon] Constructive possession means storing or keeping marijuana in a place the person has control over. Examples include one’s room, car, office, or storage facility.[checkicon] Joint possession means when more than one person has possession of marijuana. An example is when two roommates keep their stash of weed in their living room.Possession of marijuana is one of the largest marijuana offenses Joey Gilbert Law sees in Reno. Individuals often think because it is legal, that they have free reign of possession, and it’s simply not true.Possession for Sale[checkicon] Recreational marijuana is legal in Nevada, but only licensed dispensaries are permitted to hold it for sale. Possessing marijuana with the intent to sell outside of this regulatory system is a serious felony. A first offense of possession for sale on the black-market carries 1-4 years in State Prison, up to $5,000 in fines, and a 5-year waiting period to seal your record.&nbsp;Smoking in Public[checkicon] In the state of Nevada, recreational marijuana is only allowed to be consumed in private residences. This does not include secondary, undergraduate, or graduate schools – which follow a zero-tolerance drug policy for both students and staff.DUI with Marijuana[checkicon] Nevada law treats marijuana like alcohol when it comes to driving. Marijuana is still a mind-altering drug and is treated with the same intent as open-container laws. If you have pot in the car, it should be in a sealed bag, locked in glove compartment or the trunk. Drivers should also be aware of laws prohibiting crossing state lines with marijuana, even if it is legal in both states.Cultivation[checkicon] Nevada marijuana law permits recreational marijuana cultivation of up to 6 plants (a maximum of 12 per household) only if the grower is more than 25 miles from the nearest licensed dispensary. Growing more than 12 plants is considered a felony.Selling Marijuana[checkicon] Selling marijuana is a felony in Nevada unless it is done through a licensed dispensary. These dispensaries are stiffly regulated, and the marijuana is heavily taxed and can be expensive. The penalties for violating Nevada marijuana laws are harsh and have not changed with legalization.A first offense of illegally selling pot carries up to 6 years in Nevada State Prison and a $20,000 fine. And convicted immigrants will be immediately deported.Reno Criminal Defense Lawyer[checkicon] Regardless of the offense, all marijuana offenses should be taken seriously because they can easily lead to large fines and incarceration. If you have been charged with any of these marijuana offenses, contact a criminal defense lawyer such as Joey Gilbert Law immediately. We may be able to get the charges lessened or dropped completely so your record stays clean.For more information, visit our Nevada Marijuana Laws FAQ.

medium_mac.webp

small_mac.webp

thumbnail_mac.webp

mac.webp

Read about six marijuana offenses in Nevada, and the Reno area, that you need to be aware of.

6 Marijuana Offenses in Nevada

large_foto1.webp

medium_foto1.webp

small_foto1.webp

thumbnail_foto1.webp

foto1.webp

Let’s talk about DUI and what it means for everyone – for law enforcement, for defendants, and for the public at large.First, there are absolutely legitimate DUI convictions. This is not something that states and prosecuting attorneys pursue just to be a buzz-kill. Fatality statistics and other realities drive this kind of enforcement.With that said, they also heighten the context in which enforcement takes place. In other words, someone can suffer greatly from someone else’s very irresponsible actions, as they get caught up in a dragnet that’s meant to keep people safe, but suffers from some serious structural and technical problems.Issues with DUIAlthough experienced DUI attorneys know that there are these many cases of legitimate DUI enforcement, we also know that the average docket can be plagued with cases that have structural problems, such as issues with legal search and seizure, inaccuracies in field sobriety testing, the legality of checkpoints and much more. There’s also the issue of excessive prosecution, where prosecutors can err on the side of punitive action and impact someone’s lifestyle in a very negative way.Another way to say this is that people who could be easily rehabilitated, who could go back to their jobs and families with lessons learned, end up losing all of what keeps them centered and productive, because of lack of transportation or other hardships and can never, in a key sense, go back to normal, where going back to normal would have had a net positive impact on the community.Part of the issue is the wide range of prosecuting results that occur in DUI. You can see this when you turn on the news – anything from a slap on the wrist to years in prison is not out of the ordinary for a given kind of DUI case. Sometimes the prosecutions seem arbitrary – and we can explain how that works in consultation.The Fight in Your LawyerWith that in mind, when you are facing any kind of DUI charge, you want a lawyer who is ready to fight for you. How about someone with actual experience in the boxing ring?It may seem kind of amusing, a boxer becoming a lawyer, but in the end, it’s this fighting spirit that’s so valuable for a good lawyer/client relationship. People want to know that the person who is representing them has their interests in mind, and will stop at nothing to advance those under the law. That’s what you have a right to, and that’s what you need when you’re in this kind of situation! Call Joey Gilbert Law for a lawyer who fights for you!

medium_copo.webp

small_copo.webp

thumbnail_copo.webp

copo.webp

Understand what DUI means for law enforcement, for defendants, and for the public at large.

Caught in the Dragnet

large_a few1.webp

medium_a few1.webp

small_a few1.webp

thumbnail_a few1.webp

a few1.webp

Many people who are facing a DUI charge for the first time are feeling anxious and unsettled. They may not know a lot about how these charges work. In these sorts of situations, you need a seasoned professional on your side. Having good quality representation protects you from being the target of excessive prosecution, and helps you to know that your voice is being heard in court, and you are exercising the rights that you have under the law.Here are some of the basics to stay aware of when you’re facing a DUI criminal charge.Common Defenses for First Time DUIA range of common legal defense techniques can really help those who are charged with DUI to avoid unfair and excessive prosecution that can harm their financial future and lifestyle.One of these is questioning the properness and compliance with protocol of search operations conducted by police. Whether it’s at a checkpoint or a routine traffic stop, the context of the DUI charge is extremely important.A good DUI defense lawyer can look at the entire situation, and do the right discovery to utilize the right facts in a DUI case. Presenting aspects of the initial search in the defense can be helpful to the defendant and it can mean the difference between a more minor punishment from a court, or a more extensive one.Another common defense involves assessment of field sobriety techniques. As not every motorist knows, there are all sorts of inaccuracies, inconsistencies and potential problems with the accuracy of breath, blood and urine tests. Police can be aggressive in administering these, but they don’t always go by the book or do field sobriety checks consistently, which leads to another different strategy for DUI defendants. For example, what if a driver has disabilities that may present results similar to intoxication?Working Out a Legal SolutionIf a DUI was done correctly, the defendant will face some significant prosecution. However, the defense attorney can still help significantly in decreasing penalties, and even keeping a defendant out of jail, which represents a pretty aggressive prosecution and punishment that can really have a profoundly negative impact on someone’s life.Evaluating plea bargains and other potential resolutions is also part of what these professional DUI lawyers do for clients.A Fighter on Your SideJoey Gilbert came up through the ranks, knocking opponents out in the ring. Although it seems pretty different from doing legal work, many of the skills and experiences that Joey Gilbert has learned serve him well in the courtroom. Attorneys fight for their clients – at least that’s what they’re supposed to do. Talk to Joey Gilbert Law about the situations you’re facing and get someone who’s prepared to advocate on your behalf!

medium_a few.webp

small_a few.webp

thumbnail_a few.webp

a few.webp

What to be aware of when you’re facing a first DUI criminal charge.

A Few Things to Know  About a First Time DUI

large_keep1.webp

medium_keep1.webp

small_keep1.webp

thumbnail_keep1.webp

keep1.webp

It is estimated that about 96% of Americans own smartphones, and about 222 million Americans have a driver’s licenses. When viewed together, these facts lead to a staggering realization: there are a lot of drivers on the road with endless temptation for distraction.The issue became so prevalent that it sparked the need for action in many states. In Nevada, “Joining Forces” was created to bring law enforcement agencies together and work towards remedying the problem.According to NRS 484B.165, “Texting, accessing the internet and hand-held cell phone use while driving is illegal in Nevada.” Unfortunately, many things are illegal, including what many people do: speeding. That being said, it is a reality that people often disregard the importance of this law and are continuing to check emails and texts, or even something as simple as changing a song, but all of these are distractions that can cost a life.The risks do not end at using a mobile device while driving. Risks also include talking to passengers, reading, eating, drinking, or engaging in various grooming activities. If you are caught driving while distracted, you will receive a fine that will compound if more offenses occur in the future.The biggest repercussions, as in most crashes, are on the victim. A victim of an accident caused by distracted driving may suffer from severe injuries or worse.If you are ever injured by a distracted driver, it is very important that you contact an experienced attorney right away.If you are ever injured, make sure you are protected by the most knowledgeable and effective team of the best lawyers in Reno. You have a team of champions when you have Joey Gilbert Law in your corner.

medium_keep.webp

small_keep.webp

thumbnail_keep.webp

keep.webp

If you are ever injured, make sure you are protected by the most knowledgeable and effective team of the best lawyers in Reno: Joey Gilbert Law.

Keep Your Eyes On the Road

large_foto2.webp

medium_foto2.webp

small_foto2.webp

thumbnail_foto2.webp

foto2.webp

Reno is known for it’s expansive selection of festive bar crawls. Every month, there is a different theme—Leprechauns, Santa, Harry Potter, Onesies—the list goes on! At the crawls, everyone goes out in their best themed get-ups and travels from bar to bar around Reno, where the different bars offer excellent specials on cocktails and craft beers. No last call, a $10 cup that gives you drink specials everywhere, and the opportunity to dress up and go wild–what could be better? All of this is found at the king of crawls, the spookiest night of them all, the Zombie Crawl.The Zombie Crawl is in its 12th year and the excitement only gets bigger. The Reno Zombie Crawl has been recognized as one of the best and biggest in the world. As the night drags on, with people stumbling through the streets, you begin to think you may have ended up in a zombie apocalypse.The crawls are all fun and games until, like all things, they aren’t. While inhibitions may take a break, the law does not. There is still the very real risk of receiving a DUI if you attend the event and then drive home drunk.During and after pub-crawls, police presence is heightened in order to keep everyone safe. &nbsp;This means that if you try to drive while under the influence, you WILL be caught. &nbsp;A variety of arrests occur during these events and one type is always present: DUIs.The same rules apply for the crawl as they would for any event when you go out. Make sure to stay safe and either walk to the event, arrange a ride from ahead with a friend or family member, or order a Lyft/Uber/taxi to come to pick you up. Crawl Reno is gracious enough to even provide a $50 Lyft ride credit when you purchase a map. Designated drivers can request a special wristband at your first stop that gets them free sodas at every stop so that they can be a part of the fun without being reckless.Crawl Reno provides it’s own set of rules for excited event-goers, but it’s important to make sure to provide your self with your own set of rules as well: DO NOT DRINK AND DRIVE. AVOID A DUI. If something does happen, always know that you can have the team at Joey Gilbert Law in your corner fighting for you.

medium_foto3.webp

small_foto3.webp

thumbnail_foto3.webp

foto3.webp

Understand why it is so important not to drink and drive.

A Cautionary Crawl –  Don’t Drink and Drive

large_foto5.webp

medium_foto5.webp

small_foto5.webp

thumbnail_foto5.webp

foto5.webp

With the Street Vibrations motorcycle rally coming once again to Reno on September 25th, it’s important to know the laws regarding motorcycling. Just like any other laws, they may vary from state to state, as well as in the severity of any penalties imposed for related offences.Street Vibrations takes place every year in beautiful Northern Nevada and in addition to the motorcycling involves music and other entertainment, spread across various venues in Reno, Virginia City, and Carson City, as well as rides to Lake Tahoe.So, there will be more motorcyclists than ever sharing the streets and freeways of Reno, and more importantly, they will have come from all over the country, where different laws concerning motorcyclists are in operation. The law around lane splitting is one of the more convoluted: although 13 states don’t explicitly state whether or not lane splitting is permitted, here in Nevada, it is illegal. In fact, it is only technically legal in one state: California. With many of the motorcycle enthusiasts coming to the rally from California, it is very important to take this difference into consideration.“Lane splitting” is the practice of motorcyclists not remaining in one lane but instead riding the white dashed lines between cars that may be stopped or going at a slower rate, enabling them to travel quicker.Whether or not lane splitting is dangerous is the subject of much debate. Some claim it contributes to more accidents, while others argue that it makes for less congestion on the road during peak traffic conditions.UC Berkeley’s Safe Transportation Research and Education Center (SafeTREC) conducted research in 2015 to find out more about how lane splitting affects traffic conditions. They established that between 2012 and 2013, about 16% of accidents involving motorcyclists were due to lane splitting.However, it is imperative to be aware of the different laws when you are driving in a new state, whether it is in a car or on a motorcycle.If you are unfortunate enough to be involved in a motorcycle accident, navigating a case on your own may be overwhelming. This is where we can help. The team at Joey Gilbert Law are well versed in cases relating to motorcycle accidents, so please do get in touch.But be sure to be responsible and ride safely during this month’s events!

medium_foto4.webp

small_foto4.webp

thumbnail_foto4.webp

foto4.webp

All riders should know the laws regarding motorcycling in Nevada.

An Even Split

large_foto7.webp

medium_foto7.webp

small_foto7.webp

thumbnail_foto7.webp

foto7.webp

By now, you are probably aware that Nevada is one of the ten states where marijuana and marijuana products have become legalized for adults over 21. But what does the law really say about this once illicit substance and how much trouble can you get in if you break the rules? By comparing the current laws and punishments relating to marijuana to those of a different drug, in this case, cocaine, hopefully we can better explain the legal status of this psychotropic plant.Back in October, we went over all the rules when it comes to traveling with marijuana. If you haven’t already read those rules, you can check them out here. What we didn’t discuss was what happens if you break these rules.You can still get arrestedIf you are holding more than the legally allowed one ounce of marijuana on your person, or in your car, it is considered a felony. You will get charged with possession and can face one to four years in prison and up to $5,000 in fines! A third or fourth offense for possession can lead to one to four years in prison and up to $20,000 in fines. And keep in mind that marijuana possession convictions from other states still count towards your number of offenses.While this penalty may seem harsh, the law exists to prevent people from trafficking drugs or abusing the system that, by many standards, is considered pretty lenient. With the large number of dispensaries in town, you really shouldn’t need more than an ounce at a time anyway.But let’s compare this to another substance that is still illegal, cocaine. If you are caught in possession of cocaine (of any amount) it is also considered a felony and can get you one to four years in prison and up to $5,000 in fines. Possession with the intent to sell can land the same penalties if it is a first-time conviction, but the penalties get much harsher with each repeated conviction.If you have over on ounce of cocaine, you will be charged with Trafficking and can face one to five years in prison and up to $50,000 in fines. So, the law is certainly harsher toward the possession of cocaine, but having too much marijuana can lead to similarly harsh punishments as well.Smoking in PublicWith Canada’s recent legalization of marijuana, many places treat weed the same as cigarettes and allow them to be smoked in public. This is NOT TRUE for Nevada. Smoking in public is considered a misdemeanor and can lead to a fine of $1,000 and/or up to six months in jail for a first offense. This also applies to smoking in a parked car, a business, or elsewhere. The only place the law allows individuals to consume marijuana is inside a private residence, as long as it is okay with the landlord or homeowner.Driving HighGoing along with smoking in public, it is also illegal to drive while under the influence of marijuana. The legal driving limit for marijuana in Nevada is set at 2 nanograms per milliliter in the blood or 10 nanograms per milliliter in urine. While it is much harder to analyze the THC levels of a user accurately, most people agree that if you have smoked within the past hour, you are over the legal limit. Even a single hit of a joint or pipe can put you over the limit. The charges for a marijuana DUI are the exact same for an alcohol related offense, which have recently become harsher.So, what does it all mean?Well, having more marijuana than the legal limit can lead to steep fines and jail time. Smoking in public is still very much illegal, and driving while high is never allowed. While recreational use is certainly allowed your home or private residence, don’t forget to be careful outside of the house.If you are caught with possession, smoking in public or a DUI, give your friends at Joey Gilbert Law a call at (775) 210-1501 and we can help to fight these charges! We are experts in DUIs and marijuana law and can help you keep your life moving forward!

medium_foto6.webp

small_foto6.webp

thumbnail_foto6.webp

foto6.webp

Take a closer look at the cannabis laws in Nevada.

How Legal is Marijuana? A Closer  Look at the Cannabis Laws in Nevada

large_foto9.webp

medium_foto9.webp

small_foto9.webp

thumbnail_foto9.webp

foto9.webp

With the legalization of recreational marijuana still fresh in the terms of our great state of Nevada, Joey Gilbert Law is committed to making sure everyone knows the laws involving this psychotropic plant. In previous blogs, we have talked about the laws regarding driving under the influence of marijuana, laws relating to the transportation of marijuana and more. In this post, we will attempt to outline the laws detailing cannabis business and cultivation.Knowing which type of license to apply for is the first step towards starting your new business in the budding field of cannabis. The five types of business licenses are currently available in Nevada:.1. Cultivation FacilityThis license is intended for the growing, processing and packaging of marijuana for sale to retail stores. It also allows for marijuana to be tested by a testing facility, to be sold to a product manufacturing facility and to be sold to other cultivation facilities. This does not allow you to sell to consumers.2. DistributorThis license allows for the transportation of marijuana from one establishment to another, for example, from a cultivation facility to a retail store. Most likely, if you have a cultivation facility license, a product manufacturing license, or a testing facility license, you will also need this license.3. Product Manufacturing FacilityThis license is intended for use by companies making edibles, tinctures, oils and more. It allows for the purchase of marijuana, the manufacturing, processing and packaging of marijuana and marijuana products and to sell marijuana and marijuana products to other product manufacturing facilities and retail stores. This does not allow you to sell to consumers4. Testing FacilityThis license is solely for the testing of marijuana and marijuana products. Common tests include testing for potency and for containments.5. Retail StoreThe license is intended for businesses looking to sell to consumers. It allows for the purchase of marijuana from cultivation facilities, marijuana and marijuana products from product manufacturing facilities, and marijuana from other retail stores.For the majority of people looking to get into the marijuana industry, the consumer store front is probably the most familiar, but as you can see, it is only the tip of the iceberg in terms of cannabis related business. For each license, there is an application fee, as well as a fee for the license itself. The application fee, per license, is $5,000 and the fee for the license itself varies between $10,000 and $30,000, depending on the specific type. These are annual fees and therefore, not something the consider lightly. Of course, if you are serious about starting a business in the realm of cannabis, Joey Gilbert Law is happy to assist with any and all of the licenses listed above.At this time, only existing medical dispensaries, or facilities, are able to apply for a license, however this is subject to change. If you have any questions regarding the application for a marijuana license, Joey Gilbert and his team have been at the forefront of this expansive category of new business and are incredibly knowledgeable about the ins and outs of this exciting field.Ready to apply? Give Joey Gilbert a call today! (775) 574-4774

medium_foto8.webp

small_foto8.webp

thumbnail_foto8.webp

foto8.webp

Everything you Need to Know about Cannabis Business Law.

Setting up a Pot Shop: Everything  you Need to Know about Cannabis Business Law

large_foto11.webp

medium_foto11.webp

small_foto11.webp

thumbnail_foto11.webp

foto11.webp

If you a Nevada resident, you are probably aware that we have more lenient laws than most states. Things like prostitution and gambling are illegal in many states, but not here. But what about gun laws? How strict are they? Let’s break it down.The state of Nevada allows for anyone over the age of 21 to purchase a gun, or 18 if they are in the military, without needing a permit or registration. Additionally, there are no restrictions on long guns, such as rifles, or automatic weapons, such as assault rifles. The only laws Nevada does enforce concerning guns relates to Carrying a Concealed Weapon, or CCW. Currently, there are no restrictions on open carry.What is an “open carry”?An open carry is defined by the practice of openly carrying a firearm in public. Now, this doesn’t mean you can run around with a Desert Eagle in your hands. The term “carry” means carry in a holster or sling where it can be easily accessed by the owner. Drawing the weapon, or holding it in public, is generally called “brandishing” and can be punishable by law if it is done in a rude or menacing way. This also allows for handguns and unloaded long guns to be present in a vehicle, whether or not they are visible.Carrying a concealed weaponWhile it is perfectly legal to openly carry a firearm, residents of Nevada and non-residents visiting the state are required to obtain a permit if they want to carry a firearm that is hidden, or not visible to the public eye. Again, this does not apply to vehicles, unless the owner is looking to conceal the weapon on their body while in a vehicle. To obtain the permit, one must meet the following requirements:[checkicon] Be at least 21 years old [checkicon] Be a lawful resident of the United States [checkicon] Not be a fugitive [checkicon] Not have been judicially declared mentally incompetent or insane [checkicon] Have a clean recordSo, why should I carry?Carrying a firearm is done mainly for protection. Any citizen wishing to arm themselves against a possible threat is able to do so, and for many Nevada residents, this is an extra measure of safety. Another reason people might carry a firearm is to be able to use it for hunting or target practice. In this case, having the gun on you is simply to transport it to the spot where the shooting will take place. Either way, open carry laws do not discriminate about what reasoning you have behind having the firearm, they only limit your ability to hide it on your person. While some people may not see a need to carry a firearm for protection, the law still stands and while it does, carrying a pistol, rifle, shotgun or other type of firearm is completely legal, as long as it is visible to the people around you.There are a series of specific rules relating to not having any felonies, violent charges or DUIs, but in the effort of saving time I chose not to copy them word for word. If you are interested in reading the specific requirements for obtaining a CCW, you can read them all here:<a href="https://www.gunstocarry.com/gun-laws-state/nevada-gun-laws/" target="_blank" rel="noopener noreferrer">[simplebutton]Gun laws in Nevada[/simplebutton]</a><a href="https://www.shouselaw.com/nv/defense/nrs/202-320-brandishing-a-deadly-weapon/" target="_blank" rel="noopener noreferrer">[simplebutton]Nevada Laws for Brandishing[/simplebutton]</a><a href="https://en.wikipedia.org/wiki/Open_carry_in_the_United_States" target="_blank" rel="noopener noreferrer">[simplebutton]Open carry in the United States[/simplebutton]</a>

medium_foto10.webp

small_foto10.webp

thumbnail_foto10.webp

foto10.webp

Open Carry Laws in Nevada

large_foto13.webp

medium_foto13.webp

small_foto13.webp

thumbnail_foto13.webp

foto13.webp

Are you consistently late for work? Afraid of freezing in your car before it has a chance to warm up? Looking for ways to make things easier on yourself? If you answered yes to any of the above questions, you will not be a fan of the new DUI law that just went into effect as of October 1st. The new law regarding DUI’s in Nevada, will require every single driver who is charged with driving under the influence to install an ignition interlock breathalyzer in their vehicle.If you are not familiar, the interlock breathalyzer is a specialized device that attaches to the computer system of any vehicle and will not allow the user to start the car until the driver has successfully blown a 0.00 for blood alcohol content into the device. Unfortunately, you cannot have a single drop of alcohol in your body. Sometimes, even when the driver is completely sober, the device takes a few times to register the correct number. This can be annoying, plus having to blow into a breathalyzer every time you start your car is kind of humiliating.So, how do you avoid this annoying addition to your morning commute?The easiest way is to avoid driving any time you consume alcohol. But, if you are charged with a DUI, the team at Joey Gilbert Law can help fight your case and possibly avoid conviction. While every driver will be required to use the device for 90 days following an arrest, only those charged with a DUI will have to keep the device for an additional 6 months. Previously, only those convicted of a DUI and who had a BAC of .18 or higher was required to install one of these breathalyzers. While some may see this requirement as a form of punishment, the intent of law enforcement agencies is to prevent unwanted accidents or deaths caused by driving under the influence. In the words of Debbie Zelinski, a program coordinator for Mother’s Against Drunk Driving, “The new law will save lives by stopping first offenders from becoming repeat offenders.”While this new law may be aggravating for offenders, it is a huge step forward for vehicle safety. Nevada was one of 30 states to implement this new law and hopes to make a serious impact on the number of DUI related fatalities in the country.Have you been arrested for a DUI?Do not hesitate to contact Joey Gilbert Law, where we can assist you in navigating all the laws, both new and old, related to DUI’s. We are experts at this segment of the law and can help you get back behind the wheel as quickly and easily as possible. Our team at Joey Gilbert Law wants to remind you that safety should be your number one priority. Protect yourself and others and avoid a DUI by taking steps ahead of a night out. Plan for a sober ride, call a taxi, Lyft or Uber, or stay the night at the location where you plan to celebrate. Above all else, be smart.

medium_foto12.webp

small_foto12.webp

thumbnail_foto12.webp

foto12.webp

Learn about the new law regarding DUI’s in Nevada.

New DUI Laws in Nevada

large_foto15.webp

medium_foto15.webp

small_foto15.webp

thumbnail_foto15.webp

foto15.webp

Christmas is right around the corner and law enforcement agencies across the country are gearing up for one of their busiest times of year. According to BACtrack, a website dedicated to information regarding DUIs in the United States, the holiday weekend accounts for more than 400 traffic deaths each year. With thousands of additional drivers going to and from holiday gatherings, accidents and arrests can happen in an instant. At Joey Gilbert Law, we want you to be smart and think before you drive. Taking an extra hour to sober up can be critical and can help you avoid a dangerous or costly mistake with driving under the influence.How to stay safe:[checkicon] Calling a Lyft or a taxi. [checkicon] Designating a sober driver. [checkicon] Calling a friend or parent to drive you. [checkicon] Planning with accommodations nearby.With most businesses closed on Christmas, and people gathering back in their hometowns for the holidays, there is always lots of booze flowing and people not paying attention. Drivers and pedestrians alike are advised to be extra careful, especially here in Reno. If you did not already know, Reno is a popular drinking town with the third highest number of bars per capita in all of the United States. Of course, accidents happen and if you do end up on the wrong side of the law, Joey Gilbert always has your back.While driving under the influence is certainly one of the most dangerous activities you could do this holiday season, it is definitely not the only danger. Winter weather and clogged roadways can increase the potential for accidents and injury. Even the safest driver can unfortunately end up in a fender bender or worse. While these situations can cause injuries, pain and, of course, stress, you can get back on the right track with assistance from Joey Gilbert Law. Having a strong legal team can give you the peace of mind to help recover from an accident and aid in getting you back to the things that matter like being with your family for the holidays.Injured? Arrested for a DUI? Our Reno Criminal Defense Lawyers Can HelpIf you have been arrested for driving under the influence of drugs or alcohol, it is vital to secure an experience legal team as soon as possible. If convicted, a DUI can lead to fines, a mandatory interlock breathalyzer and even loss of license in some cases. If you are Injured, the last thing on your mind is dealing with the legal repercussions. That is where Joey Gilbert can step in and let you deal with the&nbsp; more important matters like your health. At Joey Gilbert Law, we know exactly how a DUI charge can affect you and are eager to help. We love supporting our community and will happily stand in your corner, and fight for you.

medium_foto14.webp

small_foto14.webp

thumbnail_foto14.webp

foto14.webp

Staying safe during the Holidays

large_foto17.webp

medium_foto17.webp

small_foto17.webp

thumbnail_foto17.webp

foto17.webp

October in Reno means one thing: Halloween pub crawls and parties! When attended responsibly, these seasonal events are a great source of entertainment and fun, filled with thrills and chills. But nobody wants to deal with legal mishaps on these nights. Halloween themed crawls or parties can get you into a number of legal issues, which can turn your Halloween into a true nightmare. With the large amounts of alcohol being consumed, things can get out of hand very quickly at these types of gatherings. Maybe you think you can drive home after drinking more than a few of those hard ciders? Maybe a fight was picked between you and another bar patron over whose costume is better? Maybe you brought more than just beer to the party? If you find yourself charged with a DUI, assault, or drug possession, we at Joey Gilbert Law are here to defend you!According to national DUI conviction and prevention statistics, Nevada is one of the top 20 strictest states for drunk driving. In 2010, over 25% of traffic fatalities in Nevada involved alcohol. Given our state’s harsh history towards these types of cases, we strongly advise you to seek out our help in fighting a DUI case. If you happen to find yourself in that situation after having too many spooky spirits during this Halloween season, we’re here to help you.If you’re at a bar or a party sometime this October, you may find yourself surrounded by overly-animated and boisterous individuals. Many of these people have had too much to drink, and they won’t hesitate to invade your personal space with forceful touching or shoving. They might even try to pick a fight with you or make threatening remarks. Under Nevada statute, assault can entail both physical and attempted battery, as well as intentionally striking fear into another person, making them believe that they will be physically harmed. You could also face legal issues even if you’re a non-aggressor and defending yourself in an unsafe situation. Luckily, Nevada has strong self-defense laws that protect non-aggressive individuals from legal ramifications in the name of self-defense. Whether you’re at a bar or a party, if you get threatened or pushed around by some ghoul this Halloween, contact us to ensure that they are held responsible for their actions!Drug offenses are taken very seriously by Nevada law enforcement. Say somebody at a party offers you an illicit drug and you accept it. Things can get very spooky for you this October if you’re found to be in the possession of illegal substances, such as cocaine, crack, heroin, or ecstasy. Even marijuana possession charges can occur if you have more than one ounce on your person. You may need aggressive legal defense and representation for drug related cases. We at Joey Gilbert Law can promise you that we’ll fight hard for your defense!

medium_foto16.webp

small_foto16.webp

thumbnail_foto16.webp

foto16.webp

Be responsible! But If you find yourself charged with a DUI, assault, or drug possession, we at Joey Gilbert Law are here to defend you.

Celebrating  Halloween Responsibly

large_foto19.webp

medium_foto19.webp

small_foto19.webp

thumbnail_foto19.webp

foto19.webp

Marijuana usage and possession has been a hot legal topic for decades. Once completely illegal in all 50 states, new legislation has slowly been passed throughout the years to make marijuana more accessible to the public in a legal fashion. Since the 1980s, the United States has made strides in the legalization of marijuana and cannabis substances for both medical and recreational use, but the waters are still murky when it comes to possession and travel laws for each individual state and the federal government. In Nevada, any individual 21 years or older can legally purchase one ounce of a cannabis flower or up to 1/8 of an ounce of a cannabis concentrate from a legitimate dispensary. That’s all fine and good but taking that cannabis across state lines in a vehicle or on an airplane can cause problems.Under Nevada law, it is illegal to transport a controlled substance across state lines, even if the controlled substance is marijuana that was purchased legally. Technically speaking, if you transport a controlled substance such as marijuana across Nevada borders, you are guilty of a misdemeanor. Nevada law enforcement is currently more concerned about serious drug traffickers moving large amounts of marijuana out of the state, rather than a group of young adults who take a sandwich bag of pot on their weekend road trip. Although it’s unlikely that an officer would arrest you for having a small amount of recreational pot, you could still face charges and fines for your possession.If you do happen to be arrested while traveling out of Nevada and are in the position of recreational marijuana, several factors play into the outcome. If your marijuana was confiscated as a result of a separate crime, and that marijuana serves as evidential value to the charges, it is placed within a vault until the criminal case has been adjudicated. It is then properly destroyed.If your confiscated marijuana is not linked to any crime, then it is documented and returned to you when you’re released from jail.Plane travel is also tricky business for legally purchased marijuana possession. According to the TSA, marijuana is not permitted on any airplane. Even though Nevada and several other states allow for the sale of recreational marijuana, it is still considered to be a Schedule 1 controlled substance under federal law, and the TSA is controlled by the federal government. The TSA isn’t necessarily on the lookout for marijuana in carry-ons, but if they do find it, the local police are contacted to take care of it. LAX recently allowed for passengers to bring marijuana in their carry-on luggage, however you can only fly into states that allow for recreational marijuana.Being informed of the law surrounding traveling with marijuana in Nevada is important for your safety and wellbeing. Knowing your rights is half the battle in a legal case, and we at Joey Gilbert Law will take care of the rest in any worst-case scenario you may find yourself in.

medium_foto18.webp

small_foto18.webp

thumbnail_foto18.webp

foto18.webp

Traveling Outside  of Nevada with Marijuana

large_Foto de Reno.webp

medium_Foto de Reno.webp

small_Foto de Reno.webp

thumbnail_Foto de Reno.webp

Foto de Reno.webp

Reno’s nightlife is a cornerstone of our culture and economy. Some of our biggest local attractions are the numerous bar crawls that occur throughout the year. These often seasonal-themed alcohol excursions draw large amounts of people, all of whom are looking for a good night out on the town. However, it can also be a magnet for both public and individual legal issues. These large public gatherings, mixed with alcohol, can result in personal injuries and arrests during and after the events. Studies have shown that nearly 25% of all unintentional, and 10% of intentional injuries, around the world can be attributed to drinking events such as bar crawls. Even if you’ve just had a few before you get behind the wheel to head back home, you can still find yourself facing serious legal ramifications for drunk driving or other alcohol related activities.It’s important to know the laws and consequences regarding DUIs in Nevada. Depending on the case and the offense, the penalties can include heavy fines, license revocation, and even jail time. If you’re of or over the legal drinking age of 21 in Nevada and are found to have a BAC (Blood Alcohol Content) of over 0.08% while behind the wheel, you could face any of the following for a first-time offense if convicted:[checkicon] License revocation for 90 days [checkicon] Jail sentence of 2 days to 6 months [checkicon] 96 hours of community service [checkicon] Fine of $400 to $1000If you are pulled over and an officer requests a BAC test, you must comply. Refusing to do so gives the officer permission to use force and arrest you for resisting. Nevada also has an Implied Consent Law pertaining to BAC testing. Basically, once you get behind the wheel, you are giving your implied consent to be tested for alcohol in your system in the hypothetical event that you are pulled over. Refusing a BAC test will also result in a one-year minimum license revocation. Although driving under the influence is taken very seriously in Nevada, public intoxication is not a crime in our state. It is not against the law for you to be inebriated in public during one of Reno’s bar crawls. If an officer tries to arrest you for such a charge, be respectful but know your rights. There is no legal penalty for public intoxication in Nevada. It is important to note, however, that intoxication is not a legal excuse for committing a crime while under the influence. There is also the protective custody rule in Nevada, wherein officers can take you in if they feel you are a threat to yourself or to others while intoxicated. If you are taken into custody, officers may try to charge you with crimes related to public intoxication. In this case, it’s very important to have strong legal defense against what might be unwarranted charges.

medium_Foto .webp

Foto .webp

Know the Laws and Your  Rights During Bar Crawls in Reno