Drug crimes usually fall within two categories, possession and possession with intent to sale. The law tends to treat possession with intent to sale harsher than just mere possession. However, even if you did not intend to sale or traffic a controlled substance, Nevada law does assume trafficking of certain drugs if you have a certain amount of a controlled substance. For example, even if you were just using cocaine for personal consumption, if you had 4 grams or more you could be charged with felony trafficking. Nevada also prohibits the manufacturing of illegal drugs; even making your own hash or marijuana concentrates can carry severe penalties.
The last thing you want is a felony conviction because you will lose valuable rights, such as the right to own a firearm. This is why it is critical to seek legal counsel.
Possession can be either actual possession or constructive possession. If you have the drug in your pocket, that would be actual possession. If you had the drug in your room where you had dominion, control and knowledge of the illegal drugs, this would be constructive possession. In fact, two or more people could have joint constructive possession of a drug.
Our firm always starts with the initial stop that led up to the arrest. This is where law enforcement has to follow the law and the Constitution. If it appears there is a violation of your rights, our firm will file a motion to suppress any evidence obtained unconstitutionally from the stop or search. Search and seizure defenses are always changing and one of the first line of defenses in drug cases.
Lack of intent or issues with possession are other common defenses in drug cases. It crucial for your attorney to explore all areas of the incident to build a defense.
In some cases, you may be qualified for a diversion drug court program to avoid prison and felony charges.
Nevada does not treat all drugs the same. Some carry harsh prison sentences, like GHB, while others are less severe. Drugs are broken down into 5 schedules. Schedule 1 is the most restrictive and has the harshest penalties. But don’t be mistaken; Nevada has harsh sentences for all schedules.
If you have been charged with a drug related offense contact our firm today. Our firm fights to get the charges dismissed, reduced or for an alternative program for you to avoid prison or a conviction.
Contact our fir today for a free consultation.
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Adam did an excellent job in his representation of my criminal case. He was honest, supportive and informative all the way through the case. He is everything I could hope for in an attorney. I highly recommend Adam for anyone to use as their attorney.
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