Las Vegas Defense Attorney

DRUG OFFENSES

Drug related offenses are more and more prevalent in today’s justice system.  Generally, the person who is caught with a small amount of a controlled substance for personal use will get the biggest breaks during a pending case.  However, a large level trafficker who is willing to assist in ongoing investigations will also reap some benefits.  There can also be civil penalties incurred in a drug arrest.  The prosecutor can file a forfeiture laying claim to items believed to be purchased with the proceeds from the sale of drugs.  This is a separate action from any criminal charges.  If you fail to respond to this civil complaint, any items seized can become the property of the arresting and prosecuting agencies.  If you are charged with a drug related offense, you need an attorney who is familiar with these types of cases, and the detective and prosecutors who handle them.

Possession of Controlled Substance – N.R.S. 453.336

A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, osteopathic physician's assistant, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian while acting in the course of his professional practice.  A 1st or 2nd offense is an “E” Felony carrying a sentence of 1 to 4 years in prison and a fine of up to $5,000.  A 3rd offense is a “D” felony carrying a sentence of 1 to 4 years in prison and a fine of up to $5,000.  Under N.R.S. 176A.110, a 1st and 2nd offense is mandatory probation.  It becomes discretionary depending upon the person’s prior criminal history and status.

Possession of Controlled Substance with Intent to Sell – N.R.S. 453.337

It is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.  Schedules of Controlled Substances

Trafficking in Controlled Substance (Except Marijuana) – N.R.S. 453.3385

A person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any such controlled substance, is guilty of a felony. 

4 grams or more, but less than 14 grams, for a category “B” felony carrying a 1 to 6 year prison sentence and by a fine of up to $50,000.

14 grams or more, but less than 28 grams, for a category “B” felony carrying a 2 to 15 year prison sentence and a fine up to $100,000.

28 grams or more, for a category “A” felony carrying either a life sentence with the possibility of parole, after 10 years, or for a definite term of 25 years, with eligibility for parole after 10 years has been served, and by a fine of not more than $500,000.

Trafficking in Controlled Substance Marijuana – N.R.S. 453.339

A person, who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of marijuana is guilty of a felony.

100 pounds or more, but less than 2,000 pounds, for a category “C” felony carrying a 1 to 5 year prison sentence, and up to a $10,000 fine.

2,000 pounds or more, but less than 10,000 pounds, for a category “B” felony carrying a 2 to 10 year prison sentence and by a fine of not more than $50,000.

10,000 pounds or more, for a category “A” felony carrying either a life sentence with the possibility of parole after 5 years, or for a definite term of 15 years, with parole after 5 years has been served, and by a fine of not more than $200,000.

Under the Influence of Controlled Substance – N.R.S. 453.411

It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription.  If the controlled substance is listed in schedule I, II, III or IV, for a category “E” felony carrying a 1 to 4 year prison sentence and a fine up to $5,000.  If the controlled substance is listed in schedule V, by a jail sentence of not more than 1 year, and a fine of not more than $1,000.  Schedules of Controlled Substances

Forfeiture – N.R.S. 179.121

In many instances, after the commission of certain felonies, the State has a right to subject a person’s property to forfeiture.  This means the State can seize and gain possession of personal property, including without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in crimes subject to forfeiture.  For a more detailed list of crimes involved, please see the complete statute by clicking the link above.  Many times forfeiture cases can be negotiated so that a person receives some or all of the property and/or money seized, if an attorney is involved.

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