Drug Possession Arrested? Get a Board-Certified Trial Lawyer on Your Side

Las Vegas Drug Possession Lawyer

Defending Against Drug Possession Charges in Nevada

Las Vegas has strict laws against possession of controlled substances. The state does not outright penalize people for being in possession of controlled substances, provided there is legal basis for it in the first place — i.e. having packets of medical marijuana is legal if covered by prescription from a competent doctor. The state will penalize anyone in possession of substances that are outright illegal to own, or are owned without legal papers to justify the ownership.

Call us today at (702) 825-7854 or contact us online to schedule a consultation with our possession of controlled substances attorney in Las Vegas.

Definition of Controlled Substances

The law defines controlled substances as “substances that can only be obtained and kept through legal channels and under certain circumstances”.

These regulated substances are grouped in special classification points called ‘schedules’, listing from most dangerous substances (Schedule I) to least dangerous substances (Schedule V). The drug schedule system is patterned after the same system used by Federal law.

Illegal Possession of Controlled Substances

A person is said to be in illegal possession of a controlled substance if he or she owns controlled substances without legal, medical or scientific justification. Typically, the charge comes into effect if the person is discovered to have marijuana, methamphetamine, cocaine, or other related narcotics on his or her person. Certain prescription drugs also fall under an illegal charge allegation if the person has no medical prescription to own said prescription drugs.

There are three classifications of controlled substance possession as recognized in Nevada law.

Actual Possession: Drugs or other controlled substances were found on the defendant’s person at the time of the arrest.
Constructive Possession: Drugs or other controlled substances were found in the vicinity of the defendant’s personal property.
Shared Possession: Drugs or other controlled substances are co-owned with another person, either for shared use or shared distribution.

Understanding Nevada Drug Possession Laws

It's important to understand the laws surrounding drug possession in Nevada in order to protect your rights and make informed decisions. Possession of controlled substances is a serious offense that can result in severe legal consequences, including fines, probation, and imprisonment. Our experienced Las Vegas drug possession lawyers can provide you with the legal guidance and representation you need to navigate through the complexities of Nevada's drug possession laws.

Key points to consider about Nevada drug possession laws:

Nevada classifies controlled substances into different schedules based on their potential for abuse and medical use.
Possession of even a small amount of a controlled substance can lead to criminal charges.
Penalties for drug possession can vary depending on the type and quantity of the substance, as well as prior criminal history.
Defenses such as lack of knowledge of possession or illegal search and seizure may apply in certain cases.

Don't navigate the complexities of Nevada drug possession laws alone. Contact Goodman Law Group today for expert legal representation and defense against drug possession charges.

Misdemeanor Versus Felony

Controlled substance possession can either be a misdemeanor or felony, dependent on several factors.

Drug Type: The degree of the offense depends on the schedule of the drug discovered; Schedule I and II drugs typically fit a felony while Schedule IV would be a misdemeanor.
Amount: The higher the amount, the more likely that the person will be charged with a felony.
Intent: Possession with intent to distribute fetches a felony penalty over mere possession for personal use. It is also penalized more harshly depending on the factors stated earlier, making possession with intent to distribute or sell controlled substances a higher level of felony than merely owning a large amount of controlled material.

Defense for Controlled Substance Possession

A key factor in a conviction for drug possession is that the prosecution must prove that the defendant knows fully well that he or she has controlled substances on his person. A defendant may escape a conviction if he or she can prove that he or she had no knowledge of the existence of drugs in his or her vicinity at the time of the arrest. This is one of the more common defenses employed in controlled substances proceedings, especially in situations arising from a traffic stop arrest.

What are the Penalties for Possession of Controlled Substances in Nevada?

As with all other crimes in Nevada and Las Vegas, possession of controlled substances is punished based on a ‘three-strike rule’, with the penalties becoming more severe as the defendant continues to repeat his or her offense.

First & Second Offenses

Prison term lasting anywhere from a few days to a few weeks.
Probation.
Diversion programs in lieu of a probation or prison sentence.
$100 minimum in fines, not including legal and court costs.
Rehabilitation program in lieu of or alongside probation or diversion programs.

Third & Subsequent Offenses

Up to four years in a Nevada State Correctional Facility.
Fines amounting to $20,000.
Mandatory rehabilitation and probation.

Frequently Asked Questions

What Are the Steps to Take If Arrested for Drug Possession?

If you or a loved one is arrested for drug possession in Las Vegas, it’s important to remain calm and follow certain critical steps. First, exercise your right to remain silent and request legal representation immediately. Understand that anything you say can be used against you, so it is wise to wait until your attorney arrives. Contact Goodman Law Group as soon as possible to ensure a strong defense is built from the start. Our team will guide you through processing and court proceedings, ensuring your rights are protected.

Once you've consulted with your lawyer, they will review the evidence and charges against you, discuss potential defenses, and advise you on the best course of action. This might include negotiations for reduced charges or a plea deal, depending on the circumstances of your case. Your attorney will also prepare any necessary motions, such as for a reduction of bail or for dismissal of improperly collected evidence. Engaging professional legal support early can be pivotal in navigating the complexities of Las Vegas's judicial system effectively.

Can Drug Possession Charges Be Expunged from My Record in Nevada?

In Nevada, the possibility of expunging drug possession charges from your criminal record depends on several factors, including the nature of the offense, whether it was a misdemeanor or felony, and if you've completed all terms of your sentence, including any prescribed rehabilitation programs. Generally, Nevada allows for the sealing of records rather than expungement, meaning that while the record is not destroyed, it becomes inaccessible for most purposes.

The waiting period before you can apply to seal your record varies with the severity of the charge. For a misdemeanor, you may be eligible after two years post-sentence completion, while felonies can require up to ten years. Having a skilled attorney can greatly assist in this process, ensuring all filing requirements are met promptly and accurately. Goodman Law Group can provide the guidance needed to potentially clear your record, helping you move forward with fewer obstacles.

Contact Our Controlled Substances Possession Attorney in Las Vegas Today

Facing a controlled substances possession charge should not be taken lightly even for Schedule V drugs. Should you be charged with illegally possessing any kind of substance that is controlled under Nevada law, seek out the help of a defense attorney immediately. A professional in drug crime defense, he is backed by years of experience in defending clients faced with various kinds of drug-related legal problems. He ensures that your case achieves a favorable result in court.

Contact us today to get started with our Las Vegas controlled substances possession lawyer.

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