Many people fall for the line that “What happens in Vegas stays in Vegas,” failing to realize that Nevada’s strict laws against possession and selling of drugs can lead to a prison sentence and a criminal record that could follow them for the rest of their lives. Drug offenses are taken very seriously in the Silver State, with convictions that can impact a person’s life for years to come. Drug crime charges can be complicated, with law enforcement bringing multiple charges for the same incident.
If you have been charged with a drug crime in Las Vegas, you need drug crime attorneys who understand Nevada law and can protect your rights. At Benjamin Durham Law Firm, our experienced legal team will listen carefully and compassionately to your story, uncovering details that can help us build a strong defense for you. If your rights were violated at any time, we can often get a lower sentence negotiated or even get all charges dismissed.
Whether this is your first offense or a subsequent violation of the law, you deserve a drug crimes lawyer who will stand by your side and fight for you. Please get in touch with our law office right away by calling (702) 793-2326.
When is Drug Possession Illegal?
Most people understand that certain drugs are always illegal to possess. These include heroin, cocaine, and other hard drugs. But what about prescription drugs that are necessary for medical treatment? There are times when it is illegal to possess these drugs as well.
Three ways that you may be charged for illegal drug possession in Nevada are:
- Actual possession when law enforcement finds the drugs on your person, such as in your pocket;
- Constructive possession, such as finding the drugs in your home or a place where you have regular access; and
- Joint possession, which is when drugs are found in a room you share with someone else, like a boyfriend or roommate.
When it comes to prescription medications, it is a bit trickier because these are not always illegal. However, the general rule is that you must have a valid prescription from your doctor in order to possess the drugs legally. Without a prescription in your name, you could be charged for illegal drug possession in Nevada. You should also note that misusing prescription drugs, such as driving impaired while under the influence of the drugs, is a crime as well and could result in a DUI, loss of your driver’s license, jail time, and hefty fines.
What Drugs are Illegal in Nevada?
Drugs are categorized according to federal law, with the most harmful and addictive illegal drugs as Schedule I substances on through the least addictive Schedule V drugs. Under Nevada law, Substance I drugs carry the most severe penalties, such as years in prison and thousands of dollars in fines. Some examples of Schedule I drugs are heroin, methamphetamine, LSD, and ecstasy. These drugs have a high risk for abuse and are not approved for medical treatment in the United States.
Schedule II and Schedule III drugs are also highly addictive if used improperly. However, many of these drugs are used in medical treatment, such as codeine, oxycodone, ketamine, and testosterone. These drugs are not illegal as long as the individual has a current doctor’s prescription. It is unlawful to use these drugs without a prescription.
If you have drug charges brought against you for any of the above substances, you need a talented criminal defense law firm to avoid a drug crime conviction. Such a conviction could impact your life negatively, leaving you with a criminal record that could make it hard to find work or keep custody of your children. Reach out to Benjamin Durham Law Firm right away for caring and capable attorneys who will help you fight any drug charge you are facing.
What is the Punishment for Drug Crimes in Nevada?
Determining the sentence for drug crimes in Nevada is difficult because it depends on many factors. Your conviction will depend on the type of drug, the amount you were in possession of, whether it is a repeat offense, and what type of activity you were engaged in. For example, trafficking drugs is typically a more serious crime than simple possession.
Possession of a controlled substance is probably the most common drug charge brought against individuals in Nevada. For drug charges involving Schedules I-IV, possessing up to 4 grams of drugs could bring felony drug charges and get you 1-4 years in prison. For third offenses or higher, you might get additional years of imprisonment and have less chance of negotiating a lower sentence. However, there is still hope in these cases if you are working with experienced drug crime lawyers like those at Benjamin Durham Law Firm.
When dealing with drug offenses such as trafficking illegal drugs, this is more serious than possession. You absolutely need competent legal representation when dealing with drug trafficking charges. It is possible to argue that you were an unsuspecting “mule” who was tricked into transporting the drugs. However, this is less likely to work for a subsequent offense. Your prison term could be as long as 15 years, and you could face up to $20,000 in fines for a repeated trafficking charge. Call us right away for help if you are facing drug charges for transporting an illegal substance.
Is Selling Drugs Worse than Possession?
Drug trafficking in Nevada is taken very seriously and requires confident legal maneuvering to avoid a lengthy prison sentence and hefty fines. Understandably, local governments want to deter the selling of drugs in our cities, so the sentencing for these crimes can be pretty harsh, with little chance for negotiation unless you have a highly skilled drug crime lawyer on your side.
There are three levels of drug trafficking in Nevada according to how much of the substance is carried. Low-level trafficking is between 4-14 grams, with sentencing at a minimum of 1 year and a maximum of 6 years in Nevada state prison. Mid-level drug trafficking is between 14-28 grams and could get you up to 15 years in prison. High-level drug trafficking is for amounts over 28 grams and could get you a life sentencing. Furthermore, once convicted of these charges, you would not be eligible for probation.
If you have been charged with selling or transporting drugs, you need to contact a trusted criminal defense lawyer right away for help building a strong defense. Let us help you with any drug crime charge you are facing. Call us today to set up a free consultation to discuss the details of your drug charges.
What Can I Do If the Government Set Me Up?
Unfortunately, the government doesn’t always use appropriate techniques for catching who they believe are criminals. Sometimes, law enforcement violates an individual’s rights by performing an illegal search. Another way people are falsely charged with drug crimes is when the government sets up a “stash house” where agents set up a crime for unsuspecting people. If someone doesn’t have the expertise to recognize it, they could become a target.
When such an event happens, skilled defense attorneys can get the case dismissed for outrageous government conduct. However, accomplishing this can be tricky and requires a great deal of knowledge and experience. Part of our job as your drug crime lawyers is to protect your rights throughout the legal process, ensuring you are not being wrongfully accused or sentenced. If police officers violated your constitutional rights at any time during the proceedings, this could be cause for lowering your sentencing or even getting all the charges dismissed.
At Benjamin Durham Law Firm, our twenty years of experience give us the know-how and skill to recognize ways law enforcement and government officials have behaved inappropriately. We will ensure you are treated fairly and given every chance to explain your innocence. When you face drug charges, you deserve to have someone who will stand by your side and fight aggressively for your rights. Turn to our trusted legal team for a strong ally in your corner by giving us a call today.
Should You Hire Our Drug Crime Lawyers?
Going up against prosecutors can be a terrifying prospect with any crime, but the stigma against drug use today can make fighting drug charges much more challenging. You may be feeling frightened and unsure about what to do when you are accused of a drug crime in Nevada. Please rest assured that you do not have to go through this troubling experience alone.
Our drug crime attorneys at Benjamin Durham Law Firm believe that every person accused of a crime has the right to competent legal representation. We promise to leverage all of our effort, talent, knowledge, and honesty to get you the positive results you are looking for in your criminal case. We will listen compassionately to your side of the story and work tirelessly to demonstrate that you do not deserve harsh sentencing for your drug crimes. Call us today at (702) 793-2326 to schedule a confidential, free consultation where you can meet with one of our defense attorneys about your drug case. We know Nevada law and how to get the results you need, so call immediately.
