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Date: Aug 05, 2016
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DRUG CRIMES INFORMATION

Las Vegas Drug Crimes: Introduction
Drug charges is one of the most common cases that we encounter. The charges include: illegal possession of controlled substances, illegal possession of drug paraphernalia, drug trafficking, possession with intent to sell, etc. -- Most of them will be discussed briefly below. Drug Crimes or drug charges are serious criminal offenses in Las Vegas and across Nevada. One of its consequences is having a narcotics offense in your criminal record. There is a possibility that you will be imprisoned for a long time. However, your charges might be reduced to a lesser offense or dismissed, it all depends on the seriousness of your case. This page will give you a brief insight of the many drug charges, the possible penalties, and how can you defend yourself.
What are the different drug crimes in Las Vegas, Nevada?
Possession of Controlled Substance This is one of the most common charges involving drugs in Las Vegas. A common misconception when it comes to drug possession, is that the substance has to be found physically in the person. You can be charged with possession if the substance is found to any location you exercise control over with (i.e. at home, or in the car). Read here for more about
Possession of Drugs for Personal Use and for Sale
This is the least serious drug charge in Las Vegas. But do not be misguided, the phrase "least serious" still carries severe penalties.
  • Jail Time: minimum of 1 to 4 years imprisonment
  • Fines: could be up to $20,000
Possession of Drugs for Sale A person can be charged with possession with intent to sell even if the “actual sale” didn’t take place. As long as the evidence points that there is an intent to sell a charge is possible.
  • Jail: minimum of 1 to 4 years imprisonment
  • Fines: could be up to $10,000
  • Possibility of probation
Types of controlled substance possession
  • Actual possession of narcotics
This happens when someone physically keep the controlled substance in his/her person. Examples are hiding marijuana in your back pocket or holding a baggie of crystal meth in your hand.
  • Constructive possession of narcotics
This happens when someone stores the drugs in a place that they have control over. For example, hiding an ounce of cocaine inside your house, or keeping heroin in your cabinet.
  • Joint possession of narcotics
This type means there are 2 or more people who share or control ownership over the same illegal substance. For example, if a person knows that his roommate stored heroin in the cabinet and permits it, he could be prosecuted for possession even if he did not use the drug himself.
Possession of Drug Paraphernalia, Prescription Fraud and Doctor Shopping
Any drug paraphernalia, equipment or materials intended for the storage, manufacture, or ingestion of illegal drugs is illegal. Drug paraphernalia offenses can range from misdemeanor charges to felonies.
  • Jail Time: minimum of 1 to 4 years imprisonment
  • Fines: could be up to $10,000
  • Possibility of probation
Prescription Fraud and Doctor Shopping Using more than one pharmacy and provider to get prescriptions for a controlled substance without the pharmacies knowing about the other prescriptions is illegal.
  • Jail: minimum of 1 to 5 years imprisonment
  • Fines up to $10,000
Drug Sale (Sale of Controlled Substance) and Drug Schedules
Drug Sale (Sale of Controlled Substance) Offering and/or selling drugs or controlled substance is illegal. This applies to both illegal drugs as well as prescription drugs. The penalty for drug selling depends on the “drug schedule”.
  • Schedule I and II (Category B Felony)
- First offense - between 1 to 6 years imprisonment and a fine of up to $20,000. - Second offense - between 2 to 10 years imprisonment and a fine of up to $20,000. - Third offense onward - between 3 to 15 years imprisonment and a fine of up to $20,000.
  • Schedule III, IV and V (Category C Felony)
- First offense - between 1 to 5 years imprisonment and a fine of up to $10,000. - Second offense - between 2 to 10 years imprisonment and a fine of up to $15,000. - Third offense onwards - between 3 - 15 years imprisonment and a fine of up to $20,000.
What are the common defenses against Drug Charges?
Attorney Ross Goodman will 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 getting drug rehabilitation, or for the court to order probation. Depending on the conditions and facts, we can determine the best defense for a drug charge case.
What is Federal Drug Conspiracy?
Federal Drug Conspiracy occurs when two or more people formed an agreement to commit drug related crimes. Federal drug conspiracy charge carries harsher penalties than the state law. The offenders may have their properties seized, bank accounts frozen, and may be imprisoned for longer period of time.
Drug Court and drug rehabilitation programs
A drug court has drug rehabilitation programs and drug education classes that when a defendant with 1st time narcotics possession allegations take, there is a possibility to get the charges dismissed.
Additional Resources
Nevada Revised Statutes Chapter 453 - Controlled Substances - This link would take you directly to the list of controlled substances in Nevada. L.E.A.P. - Law Enforcement Against Prohibition - An organization that is comprised of law enforcers who are voicing out the failures of the current drug policies. Common Sense for Drug Policy - a non-profit organization that focuses on the reformation of drug policy . They provide assistance and advises to individuals or organization regarding drugs. Office of National Drug Control Policy - ONDCP advises the president on drug control issues, produces the annual drug control strategy, coordinates the funding and drug control activities and more. Drug Enforcement Administration - This link would take you to the main DEA website. They are the one who strictly regulates and enforce drug laws in the country.