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 702-631-6111.
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 in Las Vegas 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 702-631-6111 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.
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Dedicated to Criminal Defense and Personal Injury Representation
Practice areas focuses on safeguarding individuals who suffer harm due to the actions or negligence of another party. These claims address injuries whether physical, mental, or occasionally involving property damage experienced by the affected individual.
Criminal Defense
Drug Crimes
Our experienced criminal defense team at Durham Law Firm defends individuals facing drug-related charges. We diligently analyze evidence, challenge procedures, and protect your rights to secure the best possible outcome for your case.
DUI
Our skilled team at Durham Law Firm provides aggressive DUI defense. We challenge breathalyzer results, question police procedures, and protect your rights, striving to minimize penalties and protect your driving privileges.
Record Sealing
Durham Law Firm assists clients in clearing their criminal records through record sealing. We guide you through the legal process, helping you move forward with a clean slate for a brighter future.
Domestic Violence
At Durham Law Firm, our committed attorneys offer support and legal representation to individuals facing domestic violence charges. We provide legal defense, ensure your rights are protected, and work diligently to secure a fair legal process on your behalf.
Assault
When facing assault charges, rely on Durham Law Firm’s experienced defense team. We meticulously examine evidence, challenge allegations, and protect your rights, working towards the best possible outcome for your case.
Theft
Durham Law Firm defends individuals facing theft charges. Our legal team examines the evidence, explores potential defenses, and works to minimize penalties or have charges dismissed, ensuring a fair legal process.
Traffic Law
Navigating traffic violations can be complex. Our attorneys at Durham Law Firm provide guidance, helping you with traffic tickets, license issues, and other traffic-related legal matters.
Felony
In felony cases, Durham Law Firm’s experienced defense attorneys are dedicated to protecting your rights. We craft robust defense strategies, negotiate with prosecutors, and represent you in court.
Misdemeanor
Durham Law Firm defends clients facing misdemeanor charges. Our legal team offers quality guidance, thorough case analysis, and advocacy to minimize the impact of charges on your record and life.
Personal Injury
Car Accidents
After a car accident, trust Durham Law Firm to fight for your rights. We seek compensation for injuries, property damage, and other losses by providing dedicated legal representation.
Truck Accidents
Durham Law Firm’s experienced attorneys handle complex truck accident cases. We investigate thoroughly, negotiate with insurers, and litigate, if necessary, to secure just compensation for victims of truck accidents.
Motorcycle Accidents
Durham Law Firm advocates for motorcycle accident victims. Our skilled attorneys pursue compensation for injuries, medical expenses, and other losses, providing comprehensive legal support for riders.
Pedestrian Accidents
Durham Law Firm is here for pedestrian accident victims. We’re dedicated to securing the compensation you deserve for injuries, medical bills, and hardships stemming from your accident.
Bicycle Accidents
At Durham Law Firm, we’re committed to protecting the rights of bicyclists involved in accidents. We fight for compensation to cover medical costs, property damage, and the impact on your life.
Bus Accidents
Injured in a bus accident? Durham Law Firm fights to ensure bus accident victims receive fair compensation for their losses and to hold the at-fault party accountable.
Head-On Collision
In head-on collision cases, Durham Law Firm provides experienced legal representation. We investigate, negotiate, and litigate to secure compensation for your injuries and damages.
Hit & Run
When you’re a victim of a hit-and-run, Durham Law Firm is on your side. We pursue justice and compensation, working tirelessly to hold the responsible parties accountable for their actions.
Rear End Collision
Durham Law Firm also handles rear-end collision cases. Our attorneys investigate thoroughly, ensuring you receive rightful compensation for injuries and damages caused by negligent drivers.
Distracted Driving Accidents
If you’ve suffered due to distracted driving, Durham Law Firm is your advocate. We’re dedicated to pursuing compensation for injuries and losses resulting from distracted driver negligence.
Testimonials
What our clients Say
Client satisfaction fuels our passion and purpose. We are dedicated to exceeding expectations, ensuring that each person who entrusts us with their legal matters walks away in a better state than before.
Highly recommend this office. They took care of my case from start to finish and I couldn’t be any more grateful having their service. Awesome customer service and professionalism. The whole team is amazing and i would like a shoutout especially to Raquel and Daniel who helped me with my case every step of the way. I wasn’t only treated a very special client but also like a family— protected, safe and secured. Wouldn’t go anywhere else for legal services. This is the place!!! Thank you Atty Durham and to your top notch team! My family and I are clients for life! God bless!
Danielle Petkovich is my first choice for a criminal defense attorney. She is smart, extremely capable, and friendly. She is great at keeping you informed on your case, the process, and what to expect. She makes you feel at ease, and you know you’re in good hands!! The other attorneys in the office have similar qualities and I wouldn’t hesitate to consult with any one of them in Danielle’s absence.
Highly recommend Ben! He helped me to get my felonies dropped down to misdemeanors and was very easy to communicate with. Most attorneys are in it for the money and don’t make you feel like they care but that was the opposite with Ben. He is very thoughtful and even checked up on me after I had my baby. He doesn’t judge you no matter how bad things may appear to be. He is very understanding and a man of his word. Made it so simple and easy all I had to do was show up to court and the rest was handled!
Danielle Petkovich is my first choice for a criminal defense attorney. She is smart, extremely capable, and friendly. She is great at keeping you informed on your case, the process, and what to expect. She makes you feel at ease and you know you’re in good hands!! The other attorneys in the office have similar qualities and I wouldn’t hesitate to consult with any one of them in Danielle’s absence.
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Meet the backbone of Benjamin Durham Law Firm. Committed to providing the highest level of service, our team combines a wealth of knowledge, skill, and dedication to ensure that our clients receive the best possible legal representation.
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An experienced lawyer with a strong track record of success may actually be your most affordable option. With over 20 years of practicing law, we understand every detail of this complex system.





