Drug Trafficking in Laws in Las Vegas – Drug Trafficking Lawyer Ross Goodman
Drug trafficking is one of the worst crime in Las Vegas, Nevada. A person convicted with drug trafficking will receive severe penalties which include lengthy imprisonment and hefty fines.
Below are information about controlled substance trafficking, its legal definition, the possible defenses, and implications on your life once convicted.
What is Drug Trafficking?
According to Nevada Drug Trafficking Laws (NRS 453), drug trafficking occurs when a person intentionally sells, manufactures, delivers or brings illegal drugs into the State of Nevada. It also occurs when a person is in the possession of large quantities schedule I or II narcotics (drugs). Basically, drug trafficking is
- Selling illegal drugs in Las Vegas;
- Possessing huge amount of illegal drugs in Las Vegas;
- Manufacturing illegal drugs in Las Vegas;
- Transporting illegal drugs in Las Vegas.
Special laws apply trafficking scheduled I controlled substances such as flunitrazepam, gamma-hydroxybutyrate and more. Same goes for marijuana which will be discussed in other page.
Las Vegas, Nevada Drug Schedule and Penalties
The penalties for violation of drug laws in Las Vegas is based on the type of drugs. The state of Nevada has released a schedule as a reference, so that people are aware of what drugs falls into different each categories. (Please refer to the link for the entire list of illegal drugs.)
What are the Possible Defenses for Drug Trafficking?
Regardless of the severity of drug trafficking charges, there are still legal defenses that could possibly get the case reduced to a lesser offense or even have the case dismissed. Below are sample scenarios:
Law enforcers did an unlawful search
Illegal searches is done without a valid search warrant as per 4th Amendment. Whatever may have been found from the search can be considered as inadmissible evidence and would not stand in court.
We can file a motion to suppress evidence. We will submit a request to throw out the evidences from the unlawful search. Included in the motion is an in-depth explanation on 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 dismissed. The prosecutor would have to prove your guilt beyond reasonable doubt without this major evidence.
The illegal drugs did not weigh enough
The 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. (See the schedule above)
What are the Penalties for Drug Trafficking Charges?
The penalties for drug trafficking is included in the drug schedule. To make it easier for you, we chose the most common drugs in Las Vegas and their respective schedule. Click here for the corresponding penalties.
Schedule I Drugs:
- Marijuana â€“ Special law applies for marijuana trafficking.
Schedule II Drugs:
How to Avoid Prison for Drug Trafficking?
Imprisonment is mandatory
for a drug trafficking conviction. The good thing is we can request for a reduced or suspended prison sentence. There is also a chance that your prison sentence could get an early parole if you agree to help the police in their investigation.
The factors that could affect a reducing or suspending a prison sentence are:
- The nature and extent of the defendantâ€™s assistance;
- The courtâ€™s evaluation of the significance and usefulness of the defendantâ€™s assistance;
- The timeline of the defendantâ€™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.
Drug trafficking has the harshest penalties in drug crimes, that is why a help of a Drug Trafficking Lawyer is vital. The prosecutors could reduce the charges depending on the circumstances:
- Drug possession: 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: 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: Compared to drug trafficking, selling controlled substances has lesser prison sentences and lower fines. First time offenders could even result to sentence probation.
Plea Bargain for Drug Trafficking Charge
A plea bargain is one of the surefire way to reduce imprisonment for drug trafficking charges. This is often used as the last line of defense. The prosecution would offer a greatly reduced imprisonment times in exchange for the pleading guilty of the crime. Here are some cases we can use as example:
â€œDarlene Eckles is living together with his drug-dealing brother. She knew of her brotherâ€™s drug dealing business and still allowed him to operate in her house. She got arrested and charged with conspiracy to possess with intent to distribute. The prosecutors offered a 10-year sentence in exchange for her plea. She did not accept the plea bargain and is now serving a 20-year sentence. â€œ
The Roy Lee Clay Case:
â€œRoy Lee Clay was the leader of heroin distribution ring in Baltimore. He was charged for conspiracy to distribute heroin with intent. He rejected the plea bargain for 10-year imprisonment and is now serving lifetime imprisonment.â€
â€œWeldon Angelos was a 24-year old father of two in Salt Lake City. He is an aspiring producer who sells marijuana as a sideline. He was caught by the FBI and charged with marijuana distribution and gun possession. The prosecution offered a 15-year imprisonment in exchange of a plea, which he didnâ€™t accept. He was sentenced for 55 years in prison, with no parole.â€
Hire the go-to Drug Trafficking Lawyer for Drug Charges
A drug trafficking charge is a life-changing experience. It has terrible consequences, such as ending up spending the rest of your life in prison, get most of your properties confiscated, and losing a lot of money in the process.
Hire one of the best drug trafficking lawyer in Las Vegas, Nevada to defend you. Schedule for a case consultation now!