Las Vegas Drug Trafficking Lawyer

Drug Trafficking

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The most serious drug crime that someone can commit is drug trafficking. Penalties include lengthy imprisonment and hefty fines. Other consequences would also give you a hard time looking for a regular employment. Below are information about controlled substance trafficking, its legal definition, the possible defenses, and implications on your life once convicted.

Nevada Revised Statutes Sections 453.3385 and 453.3395: Drug Trafficking

This law states that narcotics trafficking means that a person has an intent to sell, manufacture, delivers or brings into the State of Nevada, and who is also in the possession of large quantities schedule I or II narcotics (drugs).  Involving a large amount of illegal drugs is also considered as drug trafficking. Or a person who is allegedly engaged in any of the following:
  • Selling illegal drugs in Las Vegas;
  • Possessing illegal drugs in Las Vegas;
  • Manufacturing illegal drugs in Las Vegas;  and
  • Transporting illegal drugs in Las Vegas.

Defenses for Drug Trafficking

Regardless of the severity of the drug trafficking charges in Las Vegas, there are still legal defenses that could possibly get the case reduced to a lesser offense or even get dismissed. The common strategies are:

Law enforcers did an unlawful search

Without a Las Vegas search warrant or even a faulty is already considered as illegal searches and seizures by the law enforcers as per 4th Amendment. Whatever that may have been found from the search can be considered as inadmissible evidence and would not stand in court. A good drug trafficking lawyer would file a motion to suppress evidence that means requesting the court to throw out the evidences from the unlawful search. The motion would explain how the police unconstitutionally carried out the search. Once the motion to suppress has been granted, the major evidence for the case would be excluded and it is likely that the drug trafficking charge would be dropped. The prosecutor would have to prove your guilt beyond reasonable doubt without this major evidence.

The illegal drugs did not weigh enough

The Las Vegas drug trafficking law states that the controlled substance has to meet the weigh requirement which is 4 grams for Schedule I drugs and 28 grams for Schedule II. Your drug trafficking attorney should determine if the law enforcers have used the scales appropriately otherwise, your drug charges would be reduced.

Penalties

Depending on the controlled substance Schedule and quantity of the drugs, the following is the list of the penalties for drug trafficking charges

DRUG SCHEDULE

DRUG WEIGHT

FELONY

PENALTIES

I

4 grams, less than 14 grams Category B Felony
  • 1 to 6 years imprisonment
  • Fines up to $20,000
  • Prison sentence is non-probationable
14 grams, less than 28 grams
  • 2 to 15 years imprisonment
  • Fines up to $100,000
  • Prison sentence is non-probationable
28 grams or more Category A Felony
  • 25 years to life imprisonment
  • Fines up to $500,000
  • Prison sentence is non-probationable
  • Possibility of parole after 10 years

II

28 grams, less than 200 grams Category C Felony
  • 1 to 5 years imprisonment
  • Fines up to $50,000
200 grams, less than 400 grams Category B Felony
  • 2 to 10 years imprisonment
  • Fines up to $100,000
400 grams or more Category A Felony
  • 15 years to life-time imprisonment
  • Fines up to $250,000
  • Possibility of parole after 5 years

Avoiding Prison for Drug Trafficking

Imprisonment is mandatory for a drug trafficking conviction. However, reduced or suspended prison sentence could be requested by your defense attorney. The defendant’s prison sentence could completely get suspended or reduced when they helped the police investigate any drug crimes.

The factors that could affect a reducing or suspending a prison sentence are:

  • The nature and extent of the defendant’s assistance;
  • The court’s evaluation of the significance and usefulness of the defendant’s assistance;
  • The timeline’s of the defendant’s assistance;
  • The truthfulness, reliability, and completeness of any information or testimony provided by the defendant; and
  • Any danger or injury suffered, or risk of injury to the convicted person or their families resulting from their assistance.

Plea Bargain:

Las Vegas drug trafficking has the harshest penalties in drug crimes. The prosecutors could reduce the charges depending on the circumstances:
  • Drug possession in Las Vegas:  Considered as the least of all drug crimes, the defendant could even have a chance to get the case dismissed altogether.
  • Drug possession with intent to sell in Las Vegas: This charge is less serious compared to drug trafficking with lower prison terms and fines; first-time offenders have a possibility of sentence probation.
  • Selling controlled substance in Las Vegas: Compared to drug trafficking, selling controlled substances has lesser prison sentences and lower fines. First time offenders could even result to sentence probation.

Defense Attorney for Drug Trafficking

Being charged with a serious narcotics offense is critical and it is important to seek legal help as soon as possible. If you or a loved one has been charged with drug trafficking in Las Vegas, get in touch with a highly experienced and qualified drug trafficking defense attorney. Ross Goodman and the Goodman Law Group have a long track record of getting narcotics trafficking offenses dismissed or reduced to less serious charges, sometimes without any prison time. Schedule for a free case consultation and the Goodman Law Group may be able to help you keep out of prison or even get your drug charges reduced.