The State of Nevada considers simple possession of drugs, controlled substances, or narcotics without a valid prescription to be a felony. It does not matter if the accused was in possession of drugs meant for their own limited, personal use and had no intent to sell or distribute them. Significant prison time and substantial fines associated with felony convictions become real possibilities for defendants in such cases.
Because of the very serious potential consequences, it is important for anyone accused of this type of offense to enlist the counsel of an experienced Las Vegas drug possession attorney as soon as possible following their arrest. The Law Office of Benjamin Nadig, Chtd can help safeguard your freedom and assert your rights.
According to NRS 453.336, unlawful possession of controlled substances not meant for sale involves knowing or intentional possession of drugs that were not obtained specifically pursuant to a legal prescription. The law encompasses not only street drugs, but also prescription medications for which the person possessing them does not have a valid prescription in their name. Furthermore, the concept of “possession” for purposes of Nevada law extends beyond the physical person of the accused, including other areas such as their vehicle or their residence.
Potential Penalties for Drug Possession Convictions
Sentencing for those convicted of drug possession in Nevada has the potential to be quite severe. Key factors in the degree of punishment imposed in a given case include whether the defendant has been found guilty of similar prior drug offenses, and whether the drug involved is classified as a schedule I, II, III, IV or V substance.
First-time drug offenders may be offered participation in a Nevada drug court program which allows for complete dismissal of their case following successful completion of drug education courses or rehabilitation. While first offenses may result in probation, the risk of prison terms measured in years, and fines measured in the tens of thousands of dollars escalates noticeably with subsequent convictions for schedule I-V possession.
Defenses for Nevada Drug Possession Charges
Anyone who has been accused of drug possession likely knows the feeling of helplessness that often follows. However, it is important to note that effective legal defenses are available and can be constructed with the help of a skilled attorney. They include:
- Lack of knowledge about the acts of another
- Lack of actual control over the physical area in question
- Illegal police search under the 4th Amendment to the U.S. Constitution
If you or a loved one has been accused of drug possession in Nevada, it is essential that you contact a seasoned legal professional who can protect your rights, defend your reputation, and help secure the very best outcome possible in your case. The Law Office of Benjamin Nadig, Chtd stands ready to help, day or night. Contact us at 702-545-7592 for an initial consultation at no charge to you.