Possession of Controlled Substances
The possession of drugs, narcotics, or any controlled substance is considered a crime if without an official prescription from a licensed doctor. Anyone that is caught with a controlled substance in their possession will be penalized with imprisonment and hefty fines in addition.
Possession of Controlled Substance, in a wider view, is the illegal handling of a drug that is not intended for resale. However, if there is a prescription or advise from a certified physician, it will be considered legal. Drug possessions can also be classified as the following:
- Possession of drugs for personal use;
- Possession of controlled substance (PCS);
- Straight possession of controlled substance/narcotics.
- Types of Prohibited Possession
Often times, we find issues with an Affidavit supporting the Search Warrant creating difficulties for the prosecution of the case. While the prison sentence escalates significantly between low, mid and high level drug trafficking, we have been successful in getting probation. There are also treatment or diversion programs pursuant to NRS 453.3363 which allows for the dismissal of a possession of controlled substance case.
The large majority of drug overdose deaths involve painkillers such as Oxycodone, Hydrocodone, Morphine, Methadone and Oxycotin. The human body develops a tolerance to the drug’s effects and over time it’s not unusual for dosage increases as they lose their effectiveness. Many patients get addicted and need more than the prescribing physician allows. As a result, we have seen an increasing number of arrests due to possession of painkillers without a prescription. We have been successful in getting many of these cases reduced to misdemeanors or dismissed based on treatment and other defenses.
Types of Possession of Controlled Substance
The possession of these substances may also vary according to where it is found.
- Actual Possession Of Narcotics. This offense occurs when someone is handling the drugs physically. This includes, barely handling of crystal meth or keeping a pack of marijuana inside your backpack.
- Constructive Possession Of Narcotics. This occurs when someone is found storing drugs in a place or thing that they have full control. For example, inside the house or in the car.
- Joint Possession Of Narcotics. If two or more persons are proven to have complete control or has a shared ownership over the same illegal drugs, it is considered joint possession of narcotics. For example, in the instance that a brother knows that his sister is hiding heroin in her cabinet and has not made any action, he can be prosecuted too.
The Defense to PCS
Illegal possession of controlled substances cases are very crucial. Lawyers should explore every possibilities and could come up with defense such as:
- The defendant was not really aware of anything regarding the controlled substance in his possession or also called as lack of intent;
- The drugs that were confiscated were not actually in his custody, possession, or control;
- They can also claim that the enforcers have committed a Miranda Rights violation;
- The lawyer can also come up with the possibility that enforcers did an invalid entrapment or instigation and everything was a set up;
- The law enforcers has not followed the proper search and seizure procedures.
For 1st and 2nd Offense:
(Subjected to Category E felony) Most of the time, probation may be granted to 1st offense . The offender can avoid the chance of imprisonment if he is able to finish the rehabilitation program or drug education.
For the 3rd and Higher Offense:
- (Subjected to Category D Felony)
- 1 to 4 years in Nevada State Prison;
- Fines up to $20,000.
(Note: Marijuana possession charges do not apply)
Ross Goodman is an experienced drug crime lawyer in Las Vegas who is committed to defend those who are accused of not only drug incidences but also capable of handling other cases. It is important to get an experienced lawyer who can help you with the charges filed against you and get represented in court. Contact Ross Goodman and schedule a free consultation.