Law enforcement agencies throughout Nevada are adamant about catching those involved in drug-related crimes. Because of this, drug possession is one of the most commonly prosecuted crimes in the Las Vegas area. A person could be charged with possession in a variety of scenarios, and the charge often is added on to other crimes.
Despite its frequency, drug possession charges still can carry some of the harshest penalties. Drug possession charges generally are felony offenses, and a conviction could mean a lifetime of consequences. Having knowledgeable and skilled legal counsel could help you protect your future.
If you have been charged with possession of a controlled substance in Nevada, contact Las Vegas drug possession lawyer Jeffrey Jaeger. Before pursuing his passion to be an attorney, Jeffrey began advocating for clients' rights as Director of Litigation Support for the Clark County Public Defender’s Office. Now, he uses his knowledge and experience to challenge drug charges.
No matter the charge, Jeffrey Jaeger can fight to have it reduced or dismissed. Call The Law Offices of Jeffrey Jaeger at (702) 816-3888 to schedule a free consultation with an attorney. The Law Offices of Jeffrey Jaeger represents clients throughout Las Vegas and the surrounding areas in Clark County, including North Las Vegas and Henderson.
A person can be charged with possession of a controlled substance if he or she knowingly or intentionally possesses a controlled substance, unless it was legally prescribed by a physician or another medical professional, according to Nevada Revised Statute 453.336. This possession could be either actual or constructive.
Actual possession would mean the person accused of the offense had the substance in his or her possession. For instance, if a person was accused of possession of cocaine and he or she had to drug in a clothing pocket, it could be considered actual possession.
Constructive possession is a term used when the object is not directly on the person, but it still is in an area where the person has control. This often is used when a person has knowledge of the object and the ability to control it. This could include in a person's vehicle, which often is used in drug possession charges.
Some of the most common controlled substances involved in possession charges include:
If a person does not have a valid prescription for a certain medication, he or she still could face possession charges, even though the substance itself is not illegal. For example, if a person obtains Lortab from a friend with a valid prescription, the person could face possession charges.
The severity of possession charges is determined by the schedule of the drug involved in the offense and the person's previous criminal history. The more times a person has been convicted of a drug offense, the higher the penalties likely would be for subsequent crimes.
For a first or second possession of a Schedule I, II, III, or IV drug offense, a person could face Category E felony charges. This is punishable by between one and four years in prison and up to $5,000 in fines. Probation could be granted in some situations or the person could be sentenced to up to one year in a county jail.
A second or third offense could be considered a Category D felony. This also could mean between one and four years in a Nevada state prison. However, the fines could be significantly more. According to Nevada Revised Statute 453.336, the court could impose up to $20,000 in fines.
The penalties for marijuana possession are different from other Schedule I substances. Possession of less than one ounce could be considered a misdemeanor offense. This could apply for up to the third conviction. A fourth offense could be a felony.
If a person is charged with possession of a Schedule V substance, he or she could face Category E felony charges. A second or subsequent offense could be a Category D felony, carrying between one and four years in prison and up to $5,000 in fines.
A person who is convicted of the possession of flunitrazepam, gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony. Flunitrazepam is also known as Rohipnol, Roipnol, Rufies, Roofies and a "date rape" drug. This could be punishable by between one and six years in a state prison.
Three years after a person is convicted and sentenced for a drug possession crime in Nevada, the court may order all documents, papers, and exhibits in that person’s record to be sealed. This could include minute book entries and entries on dockets and other documents relating to the case.
However, according to Nevada Revised Statute 453.3365, the person first must fulfill the terms and conditions imposed by the court and his or her probation or parole officer. The court also must be satisfied the person is rehabilitated.
Sealing a criminal record still can be a complicated process. Proving to court a person has rehabilitated themselves also could be challenging. A drug defense attorney can help you present the correct evidence showing you are worthy of having a record sealed.
Facing possession charges can be an overwhelming process, but you do not have to do it alone. Las Vegas drug possession attorney Jeffrey Jaeger can help you challenge the evidence against you and worked to have the charges reduced or dismissed. Call (702) 816-3888 to schedule a free consultation. Begin building your defense immediately.
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