Nevada drug possession laws depend on the type of substance as well as the quantity of the substance, which is often the deciding factor between drug possession and drug trafficking. The substance type is often the deciding factor between a misdemeanor offense and a felony offense.
The definition of possession of a controlled substance in Nevada is “a person who knowingly or intentionally possesses a controlled substance, unless the substance was obtained directly from, or pursuant to, a lawful prescription.” Nevada separates controlled substances into five schedules:
As is clear, each type of substance has varying degrees of potential abuse and dependence, leading to enhanced penalties on each substance. Once the possession range gets past a certain amount (such as 4 grams for Schedule I substances), the accused will be subject to the more severe drug trafficking charges.
Under Nevada law, drug offenses are harshly prosecuted, and you could face felony charges for the offense of possession with intent to sell. This crime is unique and somewhat complex, as it is charged when no drug sales have taken place, but rather because the offender intended to sell narcotics. Because of it’s uniqueness, it is essential to speak with a specialized Las Vegas possession with intent to sell attorney about your situation. The lawyers at De Castroverde Law Group are ready to take on your case.
In order to convict a defendant of possession with intent in Las Vegas, the prosecutor must prove the following:
Read our blog: Possession with Intent to Sell – Proving the Charges
The consequences of conviction for this drug offense depend upon where the substance falls on Nevada’s Drug Schedule and whether the defendant has any prior offenses.
Possession with Intent to Sell – Schedule I or II Drugs
A first offense of possession of a Schedule I or II drug with intent to sell is a Category D Felony and is punishable by:
A second offense of possession of a Schedule I or II drug with intent to sell is a Category C Felony and is punishable by:
A third offense of possession of a Schedule I or II drug with intent to sell is a Category B Felony and is punishable by:
Possession with Intent to Sell – Schedule III, IV, or V Drugs
A first or second offense of possession of a Schedule III, IV, or V drug with intent to sell is a Category D Felony and is punishable by:
A third or subsequent offense of possession of a Schedule III, IV, or V drug with intent to sell is a Category C Felony and is punishable by:
Our Las Vegas criminal defense attorneys at De Castroverde Law Group are experienced in defending clients against all types of drug charges, and we can fight for you. We can build a comprehensive defense and seek to have your charges dropped or reduced if your rights have been violated, and our team will relentlessly advocate for your best interests.
If you are charged with possession with intent to sell in Las Vegas, do not hesitate to contact our proven firm at 702-222-9999 to learn how we can represent your case.
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De Castroverde Law Group is dedicated to helping someone like you. Someone who has been criminally charged, who has been arrested or someone who knows that they are under criminal investigation. These are frightening scenarios and are usually accompanied by high levels of stress. If you find that you are in a situation similar to this, we highly encourage you to look around our site. Your Las Vegas criminal attorney can do the following:
Understanding the criminal trial procedures and overall process is crucial when you have been charged in Las Vegas. A trial may seem tidy on television shows, but it is usually a long and technical process which can take months or even years to resolve. There are many aspects to a trial, the first of which is deciding whether the defense wants the trial to be done by judge or jury. If it is to be done by jury, the selection process, known as “voir dire,” consists of the prosecution and defense asking questions to potential jurors.
In a trial, surprises are not allowed. Witnesses must be submitted beforehand, and both parties given the opportunity to question them. Any relevant evidence must also be submitted beforehand and agreed upon by the judge and opponent. Witnesses and evidence can be deliberated, as one party is allowed to argue against something being allowed in trial.
Cross-examination of witnesses happens next, and your lawyer can question the validity of their claims. If they feel that the prosecution has not produced enough evidence to convince a jury of guilt, they can move to have the trial dismissed. If that is not granted, then the defense will have the opportunity to show inaccuracies in the prosecution’s case. After all of this, each side presents closing arguments, and the jury is given instructions before the deliberate everything they have heard. The final step is verdict and, if necessary, sentencing.
Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not guilty plea, in which your attorney will procure evidence and witnesses to build your case.
This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to just think that you did it; the evidence has to be almost overwhelming. If it’s applicable, you and your lawyer will use the alibi defense. If the crime occurred at a certain time or place, and you can provide evidence that you weren’t there. For example, if the crime happened between 9:00 and 11:00 pm, but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.
Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be released from prison after an arrest, and is determined by the judge of magistrate. This release is temporary, and is usually also made under the condition that you will appear in court.
Bail is set based on the nature and severity of the offense for which you are accused. Another thing that the judge considers is the likelihood that you will attempt to leave town or break the law again should you not be in prison. A “bail algorithm” is used which considers several other factors, such as age, health, criminal history and record of failing to appear in court, if one exists. This is done to avoid any accusation of bias against or towards the defendant.
The magistrate has the authority to set a bail amount as they see fit. A person arrested for drunk driving will have their bail determined by how far over the legal limit they were, whether they caused an accident and whether there are any injuries. For all other crimes – from petty theft to murder and everything in between – the bail will be set by a judge. The amount of bail for domestic violence or battery is predetermined by Nevada state law, and depends on whether you saw a judge or magistrate and how long after the crime you were admitted:
$3,000 – If the person has no prior arrests and there’s no reason to believe that the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours, violating a restraining order, stalking or harassment would also receive this bail amount.
$5,000 – If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one previous conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking or harassment.
$15,000 – If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking or violating a restraining order.
Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.
No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all of the rights you as an inmate would have:
Freedom of speech and religion – You still have the right to communicate with family and the outside world, as well as send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk are not allowed to be confiscated.
Medical and mental health care – All of your needs in this regard have to be met. Whether it’s something simple such as asthma and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.
Cruel, inhuman and degrading conditions – This pertains to many things: overcrowding, violence or abuse and mistreatment based on race, gender or religion are against the law.
If you have been incarcerated and you feel your rights in any regard have been violated, seek counsel from an experience attorney. Constitutional rights are extended to all citizens no matter what, so if these protections aren’t afforded to you by the prison officers, you have a right to a lawsuit.
By far the best lawyers you could ask for. They completely alleviate you from any stress and hassles from your case and they always end up giving good news. I’m so happy I was able to utilize De Castroverde Accident & Injury Lawyers and would never consider going anywhere else. Craig Hendricks and his team are phenomenal.Gianna G.