Drug Possession Attorney in Las Vegas

Facing a Felony for Personal Use? Hire a Strategic Las Vegas Drug Possession Lawyer

In Nevada, drug possession can be charged as a misdemeanor or a felony, depending on the type and amount of the drug involved. Possession of a controlled substance includes any kind of drug that is illegal under Nevada law, including cocaine, heroin, methamphetamine, and more.

If you have been charged with a drug-related crime such as this, you need a Las Vegas drug possession lawyer who understands the legal complexities of this type of case. My name is Chip Siegel, and I understand the law, the legal process, and the courts in Las Vegas. I can help you navigate the legal system and protect your rights.

Request a free case review online or call (702) 430-7531 today.

What Is Drug Possession in Nevada?

The key to defending a drug possession charge is understanding how Nevada classifies the offense based on the type of drug, the quantity, and your criminal history. The law is designed to be tough, but it also provides pathways to rehabilitation for certain offenders.

A conviction requires the prosecutor to prove two core elements beyond a reasonable doubt:

• Possession: This includes not only actual possession (on your person) but also constructive possession (having the power and intent to control the substance, even if it's in your car, hotel room, or storage unit).
• Knowledge: You knew the substance was present, and you knew it was a controlled substance.

What Are the Penalties for Drug Possession in Nevada?

The penalties for drug possession depend on the type and amount of the drug involved. 

For a first-offense possession of 14 grams or less of Schedule I or II drugs, probation is typically given. However, for a third-offense possession of less than 28 grams of Schedule III, IV, or V controlled substances, the penalty can be up to 1 to 4 years in prison and a fine of $25,000. 

Possession of 28 grams to less than 42 grams of a Schedule I or II controlled substance can result in 1 to 5 years in prison and up to $50,000 in fines. Possession of 42 grams to less than 100 grams of Schedule I or II controlled substances can lead to a penalty of 2-15 years in prison and a fine of up to $50,000.

In addition to jail and fines, a drug possession conviction can cause serious problems in your life, including loss of employment opportunities, housing, and professional licenses. You can lose your right to own a firearm, making it harder to protect yourself and your family.

It's worth noting that the state of Nevada has implemented certain diversion programs aimed at helping individuals convicted of minor drug offenses. These programs can lead to reduced penalties or even the expungement of the conviction from the individual's record if they successfully complete specific conditions.

What Are the Drug Court and Diversion Programs?

In many first and second drug possession cases, the best outcome is not a "Not Guilty" verdict but enrollment in a diversion program that leads to a full dismissal and record sealing.

Mandatory Probation and Drug Court (Category E Felony)

For a first or second offense involving less than 14 grams of Schedule I/II drugs, the Nevada legislature enacted laws that make probation mandatory (Category E Felony). This opens the door for my firm to negotiate participation in a specialty court program:

• Drug Court: This program substitutes incarceration for intensive supervision, mandatory treatment, and regular drug testing. Successful completion results in the dismissal of the charges, keeping the felony off my client's record.
• Record Sealing: Once the charges are dismissed through Drug Court, my firm moves immediately to seal the record of the arrest and proceedings, giving my client a clean slate.

As an experienced drug possession attorney in Las Vegas, I know how to advocate effectively for your admission into these programs, protecting your future from the devastating effects of a felony conviction.

How Do I Defend Against Drug Possession Charges in Las Vegas?

Defending a drug possession case in Las Vegas relies entirely on challenging the way the evidence was obtained and the prosecutor's interpretation of "possession." I bring my experience as a former prosecutor to scrutinize the case for constitutional violations that can lead to the suppression of evidence.

The most effective way to achieve a dismissal is to prove the police violated your constitutional rights. I will thoroughly investigate the circumstances of your arrest, including:

• Unlawful Stop: Did the police officer have the necessary reasonable suspicion to stop your vehicle or detain you on the street?
• Warrantless Search: Did the police search your car, home, or hotel room without a valid warrant or without legally recognized probable cause or consent?
• Plain View Doctrine: Was the substance truly in "plain view," or did the police conduct an illegal search to locate it?

If a violation is found, I file a motion to suppress the evidence. If the drug evidence is suppressed, the prosecutor is often left with no case and must move for a dismissal.

Even if the drugs were found in a vehicle or property associated with you, I challenge the element of knowledge and control:

• Lack of Knowledge: I argue that my client was unaware of the drug's presence (e.g., it was in a borrowed vehicle, placed there by a passenger, or hidden in a shared space).
• Constructive Possession: When the drugs are not on your person, I argue that the State cannot prove you had the intent to exercise control over them, especially if the location was accessible to others.
• Mistaken Identity/Planting: I investigate every possibility of police misconduct or mistaken identity, ensuring the evidence truly belongs to my client.

What Are Common Myths About Drug Possession Laws in Las Vegas?

Many people believe that if the quantity of the drug is small, the charge will not be serious. However, in Las Vegas, even possessing a small amount of certain drugs can result in a felony charge. This is especially true with substances classified under Schedule I and II.

Another common myth is that first-time offenders will get off easy, particularly in Las Vegas, where attitudes toward drug use can be perceived as lenient compared to other regions. While a first-time offense might not result in the maximum penalty, it can still have long-lasting consequences. 

Such charges can impact one's ability to secure employment, apply for housing, or attain certain professional licenses. Hence, engaging with a skilled Las Vegas drug possession lawyer who can navigate these misconceptions is vital.

What Are Local Resources for Those Facing Drug Possession Charges

If you are facing drug possession charges in Las Vegas, a wealth of local resources is available to assist. The Clark County government offers a variety of support services that aim to create pathways for individuals seeking a second chance. These include counseling services, rehabilitation centers, and community service opportunities that can sometimes play a significant role in reducing sentencing through Nevada's diversion programs.

Local organizations provide services geared towards helping those struggling with substance abuse issues. Programs like the WestCare Nevada Community Triage Center help individuals find their footing, offering medical and psychological support alongside legal guidance. 

Engaging with these resources can be a critical step in not only addressing legal challenges but also improving life circumstances. Making use of these can strengthen your defense, highlighting your commitment to rehabilitation and reintegration into the community.

Contact a Las Vegas Drug Possession Defense Attorney

If you have been charged with drug possession, you need a Las Vegas drug possession lawyer who understands the legal complexities of this type of case. It's best to have a direct discussion with me about your cases as it will help you understand how it may impact you and what assistance I can provide. Moreover, you can also receive information about what to anticipate during this challenging time.

Call (702) 430-7531 today to schedule a free initial consultation.

FAQs for Drug Possession in Las Vegas

How Does Nevada Law Define 'Possession'?

Under Nevada law, possession goes beyond the physical control of the drug. It includes the ability to exercise control over the substance, either directly or through another person. Constructive possession does not require physical handling of the drug and can include having access to the space where the drug is found. This broad definition means that mere proximity to drugs during a bust can result in a possession charge, stressing the need for solid legal representation to dissect evidence and intent.

What Is Considered a Controlled Substance in Las Vegas?

Controlled substances in Las Vegas cover a wide spectrum, from well-known illegal drugs like methamphetamine, heroin, and cocaine, to prescription medications that are misused. The Nevada Comprehensive Drug Abuse Prevention and Control Act outlines specific drugs classified into different schedules based on their potential for abuse and medical usage. Having any amount of these substances without a valid prescription can lead to serious charges. Understanding this classification system is important to crafting a viable legal defense that accounts for potential exceptions like medicinal use or prescribing errors.

Can I Get a Drug Possession Charge Expunged?

In Nevada, expunging a drug possession charge is not a straightforward process, but it is possible under certain conditions. Typically, those who have completed a court-ordered treatment program without any new arrests for a specified period may qualify for record sealing, a process often confused with expungement. Sealing the record means that the charge is not visible during most background checks, assisting greatly in rehabilitation, finding employment, and securing housing. Legal assistance is usually necessary to navigate this process and ensure eligibility and completion of all required steps.

What Steps Can I Take to Minimize the Impact of a Possession Charge?

To mitigate the impact of a drug possession charge, immediate legal consultation with a drug possession attorney in Las Vegas is advised to assess options. Utilizing diversion programs is an effective method to reduce penalties—these often involve community service, drug education classes, and rehabilitation. Demonstrating a proactive stance by starting counseling or attending substance abuse meetings can also favorably influence the court's perspective. Tailored legal strategies, focusing on possible discrepancies in search and seizure or addressing addiction issues, may further bolster a defense and help safeguard your future.

Are there Alternative Sentencing Options Available in Las Vegas?

Yes, Las Vegas offers a variety of alternative sentencing options, reflecting the state's commitment to rehabilitation over punishment for certain non-violent offenses. These options generally include probation, house arrest, or participation in specialty court programs like drug court. Drug courts provide a structured environment where offenders can receive intensive treatment and supervision, reducing the risk of future offenses. The decision on eligibility for alternative sentencing is typically determined by the court, influenced by the nature of the offense, prior convictions, and demonstrated commitment to reform.

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