Good drug crime lawyers can fight Nevada narcotics charges with a two-pronged approach:
- finding evidence favorable for you while discrediting the state’s evidence, and
- revealing how law enforcement violated your constitutional rights.
If the District Attorney sees its case is too weak to sustain a conviction, the drug charges could be substantially reduced or dismissed completely.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. How can a Las Vegas drug crime lawyer help fight the charges?
- 2. What if the police committed misconduct?
- 3. What happens if you get caught with drugs in Vegas?
- 4. What are drug schedules?
- 5. What does a drug crime lawyer do?
1. How can a Las Vegas drug crime lawyer help fight the charges?
The most effective defense strategies against narcotics charges always turn on the type of drug crime and the circumstances of the case. Typical evidence includes:
- Eyewitness testimony;
- Recorded communications to and from you;
- Photographs and surveillance video; and/or
- The drugs themselves
In every case, prosecutors have the burden to prove guilt beyond a reasonable doubt. Therefore, a Las Vegas drug attorney should conduct a thorough investigation in pursuit of every weak link in the state’s case to raise this reasonable doubt.
1.1. Possession
There are three types of illegal drug possession:
- Actual possession, where you are physically holding or carrying the drugs
- Construction possession, where you have control over the drugs (such as keeping them in your bedside table)
- Joint possession, where you and another person(s) such as a spouse or roommate both have constructive possession over the drugs.
It is legal to possess controlled substances you have a current and valid prescription for, though it is still a crime to drive while under the influence of drugs.
It is also legal in Nevada for adults 21 and over to possess up to 2.5 ounces of marijuana in a private residence, and medical marijuana cardholders can lawfully possess up to 2.5 ounces in a private residence. Though possession of marijuana remains illegal under federal law.
Two common defenses to Nevada charges for possession of a controlled substance/pcs (NRS 453.336) are:
- You were never legally “in possession” of the drugs; or
- You did not “knowingly” possess the drugs.
1.1.1. No possession
In order to be in possession of narcotics, you have to
- own or
- exert physical control
over them. Simply being in the same room as a drug does not mean you are in possession of it.1
1.1.2. No knowing
A key element of possession is knowledge that the drugs are there.2 You can be near drugs and not realize it.
Lack of knowledge is also a defense in drug possession cases where someone planted drugs in your
- purse,
- car, or
- home
without your knowledge.
Drug Type |
Possession Penalties
|
| Schedule I or II – less than 14 grams; or Schedule III, IV, or V – less than 28 grams
*not including marijuana, GHB or Rohypnol |
A first or second offense is a category E felony that will get dismissed if you complete rehab.
A third or subsequent offense is a category D felony:
|
| Schedule I or II – 14 grams to less than 28 grams; or Schedule III, IV, or V –28 grams to less than 200 grams
*not including marijuana, GHB or Rohypnol |
Category C felony:
|
| Schedule I or II –28 grams to less than 42 grams; or Schedule III, IV, or V –200 grams or more
*not including marijuana, GHB or Rohypnol |
Category B felony:
|
| Schedule I or II – 42 grams to less than 100 grams
*not including marijuana, GHB or Rohypnol |
Category B felony:
|
| Gamma-hydroxybutyrate (GHB); or Flunitrazepam (Rohypnol) | Category B felony:
|
| Pot possession in public | Misdemeanor:
|
1.2. Possession with intent to sell
A Nevada charge for possession for sale (NRS 453.337) can get reduced to simple possession if prosecutors fail to prove that you were planning to sell the drugs. Typical evidence prosecutors rely on to show intention to sell includes:
- Large amounts of drugs, more than one person would need for just recreational use;
- Drugs divided into baggies or containers, indicating they are “ready to sell”;
- Lots of cash, presumably proceeds from an illegal drug sale;
- A firearm, presumably for you to use in case a drug deal goes bad; and/or
- No drug paraphernalia in the vicinity, indicating that you were not a recreational user3
Certainly, these indicators can have innocent explanations. Many recreational drug users carry guns and cash without being dealers.
In these cases, criminal defense attorneys would stress that the state’s evidence is all
- circumstantial and
- does not directly implicate you.
If prosecutors see that they probably would not win a guilty verdict at trial, they may be willing to lessen or drop the charge.
See our related article on marijuana possession for the purpose of sale.
Drug type
|
Possession for sale penalties |
| Schedule I, schedule II, flunitrazepam, or gamma-hydroxybutyrate (GHB) |
1st offense Category D felony:
|
|
2nd offense Category C felony:
|
|
|
3rd or subsequent offense Category B felony:
|
|
| Schedule III, schedule IV, or schedule V |
1st or 2nd offense Category D felony:
|
|
3rd or subsequent offense Category C felony:
|
|
| *The judge can grant probation or a suspended sentence instead of prison.
^The judge can only grant probation if mitigating circumstances exist. |
|
1.3. Selling
Depending on the case, two potential defenses in Nevada to selling drugs (NRS 453.321) include:
- Mistaken identity; or
- False accusations
See our related articles on transporting/importing/smuggling drugs and selling or growing marijuana.
1.3.1. Mistaken identity
Drug deals often occur under the cover of night between people concealed with masks and with no photographic evidence. It is not unusual for
- police to arrest the wrong person, or
- an innocent person to be picked out of a lineup.
In these cases, criminal defense attorneys would search for alibis and other evidence – such as GPS records – placing you away from the drug deal.
If the D.A. cannot show beyond a reasonable doubt that you were the one who sold, made, or distributed the drugs, then criminal charges should not stand.
1.3.2. False accusations
It is also not unusual for people to falsely accused others of drug crimes out of
- anger,
- revenge, or
- a misunderstanding.
In these cases, defense attorneys would investigate the accusers in an attempt to impeach their credibility. If prosecutors see the accusers had motivations to lie and would not stand up to cross-examination at trial, they may drop the charge entirely.
Drug type
|
Selling drugs penalties
|
| Schedule I drugs (such as LSD), or schedule II drugs (such as methamphetamine, GHB, or codeine) |
First offense Category C felony:
|
|
Second offense Category B felony:
|
|
|
Third or subsequent offense Category B felony:
|
|
| Schedule III drugs (such as Vicodin), schedule IV drugs (such as Xanax or Valium), or schedule V drugs (such as Robitussin AC) |
First offense Category D felony:
|
|
Second offense Category C felony:
|
|
|
Third or subsequent offense Category B felony:
|
1.4. Trafficking
Trafficking (NRS 453.3385) in Nevada comprises possessing or selling drugs if the drugs’ weight exceeds a certain amount. Therefore, criminal defense attorneys would try to show that
- the police erred when quantifying the drugs, and
- the weight falls short of the trafficking threshold.4
Perhaps the evidence will show that either:
- The scales the police used to weigh the drugs were defective;
- The police mistakenly weighed the same drugs more than once; and/or
- The police mistakenly weighed drugs from another case and attributed them to you
Prosecutors may then agree to reduce the drug trafficking charge to a less serious narcotics offense. If your defense team can show that you
- never possessed the drugs,
- lacked knowledge of them, or
- were otherwise falsely accused,
then the entire case could be dismissed.
Drug type |
Trafficking penalties
|
| 100 to less than 400 grams of schedule I or II drugs or GHB or Rohypnol (not including marijuana) | Category B felony:
|
| 400 grams or more of schedule I or II drugs or GHB or Rohypnol (not including marijuana) | Category A felony:
|
| 50 lbs. to less than 1,000 lbs of marijuana
(or 1 lb. to less than 20 lbs. of concentrated cannabis) |
Category C felony:
|
| 1,000 lbs. to less than 5,000 lbs. of marijuana
(or 20 lbs. to less than 100 lbs. of concentrated cannabis) |
Category B felony:
|
| 5,000 lbs. or more of marijuana
(or 100 lbs. or more of concentrated cannabis) |
Category A felony:
|
See our related article on trafficking marijuana (NRS 453.339).
1.5. Paraphernalia
Nevada law makes it a crime to sell or possess with intent to use drug paraphernalia – even if no drugs are found in the vicinity.5 Potential defenses to paraphernalia charges are:
- You had no intent to use the paraphernalia;
- The materials were not used as paraphernalia (such as spoons or bowls); or
- The police found the paraphernalia through an unlawful search.
Drug paraphernalia crime |
Nevada penalties |
| Use, or possess with intent to use; or
Advertising in a printed publication |
Misdemeanor:
|
| Delivering or selling | Category E felony:
Probation and suspended sentence, which can include up to 1 year in county jail. If you have two or more prior felony convictions, the court can impose one to four years in prison and up to a $5,000 fine |
| Delivering to a person under 18 (if the minor is at least three years younger than you) | Category C felony:
|
2. What if the police committed misconduct?
Police misconduct is a potential defense to any Nevada drug charge. In every case, criminal defense attorneys investigate the police’s actions in search of instances where they
- cut corners,
- compromised evidence, or
- even broke the law.
These mistakes could be enough to get drug charges reduced or thrown out completely.
2.1. Illegal searches
All police searches require a valid warrant or a lawful reason not to get a warrant.
If it appears the police in a drug case found evidence through an illegal search, then your criminal defense attorneys would file a motion to suppress. This asks the court to disregard (suppress) any evidence uncovered from the unlawful search.6
If the judge grants the motion to suppress and tosses out the illegally-obtained evidence, then the prosecution’s case may be left with too little proof to sustain a guilty verdict. This could prompt the D.A. to reduce the charges or drop the case entirely.
2.2. Entrapment
Police unlawfully commit entrapment when
- police induce you into committing a crime that
- you are not predisposed to commit.7
If you would not have committed the drug crime but for the police’s pressure, your charge should be dismissed.
Entrapment typically occurs in undercover drug stings.
2.3. Coerced confessions
Police are not allowed to torture you to draw out a confession. Plus police must read you your Miranda Rights before subjecting you to custodial interrogation.
If you did not freely and voluntarily confess to the drug crime, then your criminal defense attorneys would ask the court to disregard (suppress) the confession as evidence.8 If the judge agrees, the D.A may decide to drop the charge for lack of proof.
3. What happens if you get caught with drugs in Vegas?
In many Nevada criminal cases, prosecutors are willing to plea bargain drug charges down in order to avoid going to trial. By relying on various defense strategies (discussed above), criminal defense attorneys may be able to get the charges dismissed outright.
If you are a first-time offender suffering from addiction, you may have the opportunity to avoid a prison sentence and drug conviction by completing Drug Court, an intensive, months-long rehabilitation program.
Upon successful completion, the drug charge gets dismissed and sealed from your criminal record.9 This means it will not show up on future background checks, which greatly increases your employment opportunities.
In higher level drug cases, you may be able to get your charges dismissed or reduced by agreeing to act as an informant for the police.
4. What are drug schedules?
Controlled substances are divided into five categories, called schedules. Schedule I drugs carry the highest risks for abuse and addiction, while schedule V drugs carry the lowest risks.
Drug schedule |
Examples |
| I | |
| II | |
| III |
|
| IV | |
| V |
|
Nevada drug penalties partly turn on what schedule drugs are involved.
5. What does a drug crime lawyer do?
Nevada drug crime defense attorneys do three main things:
- Pore over the state’s evidence in search of inaccuracies, inconsistencies, unreliable sources, and instances of police misconduct.
- Do an independent investigation to find all the available evidence that may help your case.
- Aggressively negotiate and litigate in pursuit of a charge reduction or dismissal.
Public defenders do not have the time or resources to search for favorable evidence and to investigate how the police may have violated your rights. In practice, Nevada prosecutors tend to offer better plea deals to defendants who are represented by private counsel.
The consequences of a drug crime conviction go far beyond fines or prison time. They mar your criminal record, automatically disqualifying you from numerous potential jobs.
A good Las Vegas drug crimes lawyer may be able to persuade the D.A. to lessen or dismiss the charges, often without a trial.
Call us for help…
Arrested for a drug offense in Clark County or elsewhere in the state of Nevada? Phone our experienced Las Vegas criminal defense lawyers for legal advice. Whether it is your first offense or a subsequent offense, our criminal lawyers’ goal is to fight to avoid jail time while keeping your record clear.
If you are an immigrant, remember that violating Nevada drug laws may be deportable. The drug defense attorneys of Las Vegas Defense Group fight to get your charges dismissed or reduced to a non-deportable offense to safeguard your resident status.
Our experienced Las Vegas drug crime attorneys also fight against every type of misdemeanor and felony criminal charge, from DUI to domestic violence. Our law office practices personal injury law in addition to immigration and criminal defense law. And our legal team appears in state law and federal law courts in Henderson, Las Vegas, NV and throughout the state.
Legal References
- NRS 453.336.
- NRS 453.336.
- See NRS 453.337; NRS 453.338.
- NRS 453.3385.
- NRS 453.554. NRS 453.556. NRS 453.558. NRS 453.560. NRS 453.562. NRS 453.564.
- See Howe v. State, (1996) 112 Nev. 458, 916 P.2d 153.
- See Froggatt v. State, (1970) 86 Nev. 267, 467 P.2d 1011.
- See Belcher v. State, (2020) 464 P.3d 1013, 136 Nev. Adv. Rep. 31.
- NRS 453.3363.
