Las Vegas Controlled Substance Sale or Delivery Defense Attorney

What is Controlled Substance Sale/Delivery in Nevada (NRS 453.321)?

Under Nevada drug laws, the crime of possession with intent refers to the fact that, traditionally, to be guilty of distribution, you had to be shown to have actually sold, delivered, or dispensed the drug. But under a straightforward possession with intent, proof of actual delivery/sale/distribution is unnecessary. You could also be convicted of possession if the prosecution can show the purpose was to actually sell or distribute the drug to another, i.e., to possess with the intent to sell whether you ever sold it or not.

However, successful challenges were made due to the fact that, beyond a reasonable doubt, a person could not have the encompassing intent to sell), merely by the mere fact of possession. Now, the prosecution has added the elements of the actual weight of the illegal substance and specific tools of drug dealing to attempt to prove it was possession with the intent to sell.

The Elements of a Controlled Substance Sale/Delivery Offense

When charging an individual with sale/delivery of a controlled substance, the prosecution must prove that the:

• Defendant had a Schedule I or Schedule II controlled substance; Schedule I substances (i.e. heroin) and many Schedule II drugs (i.e. Oxycodone) prompt the more serious penalties than charges involving Schedule III (i.e., anabolic steroids), Schedule IV drugs (Xanax, Valium), or Schedule V substances (cough suppressants).
• The drug actually or constructively possessed by the defendant met or exceeds a statutory weight; A prosecutor only has to show more than what would be expected for personal use, but the actual, prosecutable amount varies widely from substance to substance in the Nevada
• The drug actually or constructively possessed by the defendant met or exceeds a statutory weight; A prosecutor only has to show more than what would be expected for personal use, but the actual, prosecutable amount varies widely from substance to substance in the Nevada

Proving Possession Beyond a Reasonable Doubt

The amount and circumstances under which the controlled substance is found in your actual possession or, in many cases, your constructive possession. Instead, they will attempt to prove that you had possession of a controlled substance in order to sell or deliver. Possession may be either actual or constructive. You may be charged with possession if you had control over the drug and the intent to sell or deliver it, even if the drug was not on your person.

The prosecution must prove the following to obtain a conviction:

• Actual vs Constructive Possession: Quite often, actual possession of a drug exists when the drugs are found on you or so close to you that it is within your immediate reach and control. However, constructive possession allows possession to be charged regardless of whether the drugs were actually on you at the time you were arrested. If the drugs were located in a place where you had control over them, you can be charged with constructive possession. Even with this "constructive possession" definition of what is necessary to prove possession, the State of Nevada still assumes the burden of proving all elements of the crime, including actual or constructive possession. Those defenses that can negate or weaken the prosecution's evidence that possession was established can create an opportunity for a more favorable outcome.
• Possession vs Intent to Sell: One of the significant defenses common to, virtually, every drug crime charge involves the element of intent to sell or distribute the illegal substance. Unlike possession of drugs (simple possession) where you may face lesser charges than that involved with manufacturing, distribution, and trafficking, possession with intent to sell or deliver is a significant offense, carrying potential severe felony penalties. Only possession cases involve just one element; possession of illicit drugs. Possession with intent charges involve another distinct element to be proven before the charge can be sustained, i.e., an intent to sell or distribute that which is possessed. As a result, the prosecutor must prove beyond a reasonable doubt that you possessed the controlled substance with the specific design or intent to sell.

These elements can provide the foundation for some of the most effective defense strategies against charges of drug possession with the intent to sell. An experienced Las Vegas defense attorney with specific experience in fighting the impact of serious drug crime penalties in Nevada cases can help you by providing superior legal representation.

Serious Penalties for Violation of Controlled Substance Sale

The penalties for possession depend on a few factors, including the weight of the drug. However, the consequences surrounding an intent to sell charge poses an even stricter set of guidelines that judges and juries must adhere to in sentencing. In fact, depending on the weight of the drug here again, the persuasive ability of the attorneys could be legally tedious.

If you are facing charges for an intent to sell controlled substances, you could be facing substantial time in jail. Schedule a consultation now, and let's start reviewing your case immediately. Call the Goodman Law Group at (702) 825-7854 in Las Vegas, North Las Vegas, Henderson, Boulder City in Clark County, NV to get in contact with us to schedule your consultation.