Drug Charges

Las Vegas Criminal Defense Lawyer Explains Drug Charges

Drug charges in Las Vegas are very serious criminal offense in spite of its reputation as “Sin City”. One of the consequences of being convicted with drug charges is having a narcotics offense in your criminal record. Getting a job would be much of a problem, and not only that, there is a possibility that you will get imprisoned for a long time.

Our Las Vegas criminal defense lawyers have extensive experience defending felony drug charges. The charges might be reduced to a lesser offense or dismissed; however, it depends on the seriousness of your case. This page contains understanding your drug charges, your possible charges, penalties, and how can you defend yourself.

Las Vegas Drug Charges

Nevada Revised Statute Section 453.336: Controlled Substance Possession

Possession of narcotics for personal use is the least serious drug charges in Las Vegas. More often, first offense can be dismissed completely if you have completed the Drug Court successfully.

• Jail Time: minimum of 1 to 4 years imprisonment
• Fines: could be up to $20,000
• Possibility of parole

See more information about Drug Possession in Las Vegas

Nevada Revised Statute Section 453.337 and 453.338: Drug Possession for Purpose of Sale

Possession of narcotics with the intention to sell carries long imprisonment. However, experienced Las Vegas criminal defense lawyers can still have the chance to win a “not guilty” verdict.

• Jail: minimum of 1 to 4 years imprisonment
• Fines: could be up to $10,000
• Possibility of probation

See more information about Possession with Intent to Sell in Las Vegas

Nevada Revised Statute Section 453.321: Drug Sale (Sale of Controlled Substance)

Offering and/or selling drugs or controlled substance is illegal in Las Vegas. This applies to both illegal drugs as well as prescription drugs. The possible defenses for this allegation are police entrapment and police misconduct.

Nevada Revised Statue Section 453.3385 and 453.3395: Drug Trafficking

A person, who knowingly manufactures, delivers, sells, or brings into the State of Nevada, or who is knowingly in actual or constructive possession of large quantities of schedule I or II drugs is defined as drug trafficking. This charge carries a very serious penalty. However, there is a chance that a first-time offender not to be sent to prison.

• Jail: minimum of 2 to 15 years imprisonment.
• Fines: could be up to $500,00
• Non-probationable offense

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Nevada Revised Statute Sections 453.560 and 453.566: Possession of Drug Paraphernalia

This law means any drug paraphernalia equipment or materials intended for the storage, manufacture, or ingestion of illegal drugs. Drug paraphernalia offenses can range from misdemeanor charges to felonies in Las Vegas.

• Jail Time: minimum of 1 to 4 years imprisonment
• Fines: could be up to $10,000
• Possibility of probation

See more information about Drug Paraphernalia in Las Vegas

Nevada Revised Statute Section: Federal Drug Charges

This law means that any person in Nevada who possesses, produces, sells, or offers narcotics may not be lawfully introduced into interstate commerce (ISC).

Nevada Revised Statute Sections 453.391 and 453.381: Prescription Fraud and Doctor Shopping

This law means using more than one pharmacy and provider to get prescriptions for controlled substance without the pharmacies knowing about the other prescriptions.

• Jail: minimum of 1 to 5 years imprisonment
• Fines up to $10,000

See more about  Prescription Fraud and Doctor Shopping in Las Vegas

Las Vegas Drug Charges: Drug Types

In Las Vegas, there is a drug schedule for illegal or addictive drugs. The penalties for possession depends on the schedule the drug is categorized and the amount of the substance.

DRUG SCHEDULE	DEFINITION	TYPES
I	Drugs that have no accepted medical use currently, and have high tendency for abuse.	“Acid” – LSD – Lysergic acid diethylamide “Heroin” – Diacetylmorphine “Date Rape Drug” – GHB – Hydrooxybutryic acid “Crystal Meth,” “Crank”, “Speed,” Methamphetamine – Amphetamines “Ecstasy” – MDMA – Methylenedioxymethamphetamine PCP – Phenylcyclidine Mescaline – 3,4,5-trimethoxyphenethylamine – Peyote “Weed”, “Pot” – Marijuana/Cannabis – THC – Tetrahydrocannabino *Las Vegas categorized Marijuana under Schedule I although medical marijuana is legal.
II	Considered as drugs with tendency for high abuse. Some are accepted for medical use; however, there are also chances of addiction or dependency with repeated use. These drugs are available with prescription; drugs are subjected to strict record keeping procedures.	Morphine Lortab, Lorcet, Vicodin – Hydrocodone Cocaine – Benzoylmethylecgonine Opium – Lachryma Papaveris Oxycontin – Oxycodone Dilaudid – Hydromorphone Ritalin – Methylphenidate
III	Drugs have less potential for addiction or abuse, may also have accepted medicinal use.	Testosterone Codeine Ketamine Anabolic steroids
IV	Drugs that have low chances of addiction or abuse, accepted for medicinal use.	Sedatives Valium – Diazepam Xanax – Alprazolam Tranquilizers – Benzodiazepines Clonazepam
V	Drugs that have low chanced or abuse, have limited addictive properties, and accepted for medical use.	Codeine Cough suppressant

Las Vegas Drug Charges: The Defense

A Las Vegas drug defense lawyer would explore all the possibilities for your defense when fighting drug possession charges. Some of the common defenses are:

• Lack of intent – you honestly did not know anything about the controlled substance in your possession.
• The drugs were not in your custody, possession, or control.
• The law enforcers committed Miranda rights violation
• The enforcers did an entrapment
• The law enforcers did an illegal search and seizure.

There is a possibility in getting your charges suspended, or get drug rehabilitation, or for the court to order probation. Depending on the conditions and facts determine the best defense for a drug charge case.

Las Vegas Drug Charges: Penalties

One of a common misconception when it comes to drug possession is that when the illegal substance was found physically on your person. The legal meaning, however, defines “possession” as extending to any location you exercise control over (i.e. at home, or in the car).

There are 3 types of controlled substance possession such as:

• Actual possession of narcotics in Las Vegas

This possession is when someone physically keeps the controlled substance in their person. This includes hiding marijuana in your back pocket, or holding a baggie of crystal meth in your hand.

• Constructive possession of narcotics in Las Vegas

This happens when someone stores the drugs in a place that they have a control over. For example, hiding an ounce of cocaine inside your house, or keeping heroin in your cabinet.

• Joint possession of narcotics in Las Vegas

This type means there are 2 or more people who share or control ownership over the same illegal substance. For example, if a brother knows his sister stored heroin in the cabinet and permits it, he could be prosecuted for possession even if he did not use the drug himself.

Las Vegas Drug Charges: Drug Court

A Las Vegas drug court has drug rehabilitation programs and drug education classes that when a defendant with 1^st-time narcotics possession allegations take, there is a possibility to get the charges dismissed.

Las Vegas Drug Defense Lawyer, Ross Goodman

If you have been accused or arrested for drug charges in Las Vegas, it is important to get help from an experience lawyer who can help you deal with the charges and get represented in court. Las Vegas drug defense lawyer, Ross Goodman can help you lessen your charges, or drop the case without going to trial. Contact Attorney Ross Goodman and schedule a free consultation for your case.