Possession with the Intent to Sell

Selling illegal drugs or controlled substance in Las Vegas is a very serious offense. Another narcotics felony crime is possession of drugs with the intention to sell. Consequences include lengthy imprisonment and high fines. Also, future employment would pass you over if you have a narcotic conviction on your criminal records.

Nevada Laws for Possession with Intent to Sell

Nevada Revised Statute Sections 453.337 and 453.338: Drug Possession with Intent to Sell The law defines this section as unlawful possession of controlled substance for sale in Las Vegas. The prosecutors however, should prove the following:
  • The defendant was in possession of illegal drugs; and
  • The defendant was intending to sell them
Possession of illegal drugs: Possession of controlled substance does not necessarily have to be owning them. To be found guilty of narcotics possession in Las Vegas, you may have either of the following:
  • You carry the drug on your person, or sometimes called as actual possession; and
  • You keep the drugs in a location that you have an access to: car, home, or any storage facility. This is sometimes known as constructive possession.
  • You share drug possession with more than 1 person by storing the illegal drugs in a common area or buying the controlled substance together. This is also known as joint possession.
Intent to Sell: Intention is a subject which is hard to prove in Las Vegas; there is no physical witness that there is really an “intention to sell” in which the controlled substance has been found in your possession. However, to determine the intent to sell of someone who possesses the illegal drugs, the law enforcers who performed the arrest would check the following:
  • The suspect is carrying a deadly weapon;
  • The suspect was found in an area known for drug dealing;
  • The suspect is not high, drugged, nor carrying drug paraphernalia;
  • The suspect is carrying a lot of cash including small bills;
  • There were large amount of drugs; and
  • The drugs were stored evenly and separately in containers or baggies.

Defenses for Drug Possession with Intent to Sell

An experienced drug possession attorney can use some of the strategies below: The law enforcers violated your rights: As per the 4th Amendment, cops should follow strict guideline when searching for vehicles, people, and homes. If the law enforcers did unlawfully performed a search without a warrant, then the evidences found from the search should not be used against you. A good criminal defense lawyer should file a motion to suppress the evidence from an unlawful search. This motion explains the reason why there is a need to suppress the evidences and would also outline why the law enforcers violated your rights when they executed the search. Once the court granted the motion to suppress, there is a big chance that your narcotics case will be dropped for lack of major evidence in the case. The Lack of intent: Without the intention to sell the drugs, there is no probable cause for the case to stand in court. There are chances that if you did not intend to sell the drugs, then you are not supposedly liable for the drug charges in Las Vegas. A good defense lawyer can show to the court that the these drugs is only for your own personal use, the charges would be reduced with minimal offenses. The controlled substance belongs to someone else Raising a doubt with this drug charges is a good defense. There are cases that when the accused is unaware of the illegal drugs, then they did not commit the drug possession at all.

Penalties

Probation without imprisonment is possible for 1st-time offense for drug possession with the intent to sell in Las Vegas. However, depending on the drug schedule and the defendant’s criminal history, the following is the list of penalties for this drug charge: Schedule I or Schedule II drugs (453.337) 1st offense:
  • Category D Felony
  • 1 to 4 years imprisonment
  • Fines up to $5,000
2nd offense:
  • Category C Felony
  • 1 to 5 years imprisonment
  • Fines up to $10,000
3rd offense:
  • Category B Felony
  • 3 to 15 years imprisonment
  • Fines up to $20,000
Schedule III, IV, or V (453.338) 1st and 2nd offense:
  • Category D Felony
  • Probation is possible for 1st offense
  • 1 to 4 years imprisonment
  • Fines up to $10,000
3rd or subsequent offense:
  • Category C Felony
  • 1 to 5 years imprisonment
  • Fines up to $10,000
Possession of drug paraphernalia with the intent to sell: This is a separate offense as opposed to possession of drugs with the intent to sell in Las Vegas. 1st-time offense is probationable. The penalties for subsequent offense are:
  • Category E Felony
  • 1 to 4 years imprisonment
  • Fines up to $5,000
Plea Bargain: If the prosecutors are not willing to drop the drug charges, your legal counsel can negotiate a plea bargain where your case can be reduced from Felony to Misdemeanor charges. The sentence can include:
  • Probation,
  • Rehabilitation,
  • Community service,
  • Avoiding to get arrested again while the case is on-going, and
  • A suspended jail sentence (you will not get imprisoned as long as you do not violate the terms of the agreement).

Attorney for Drug Possession

Ross Goodman has decades of practice regarding drug charges. With the help of his team from Goodman Law Group, they can help you or your loved one who is facing drug charges to either get your charges reduced or even get the case dismissed to keep your records clean. Schedule a free case consultation and know how Goodman Law Group can help you with your drug charges.