Drug Charges

Las Vegas Drug Attorney

While Las Vegas is known for its glamour and neon lights, many falsely believe Nevada is lenient when it comes to the prosecution of drug crimes. Nevada has some of the toughest laws in the country when it comes to drug possession and distribution. Those laws are strictly enforced throughout Clark County and the greater Las Vegas area.

In Nevada, a drug charge is a serious offense that can have grave consequences that can range from very large fines to years in jail.

If a person has been charged with possession of an illegal drug, it is imperative that they contact an experienced Las Vegas drug possession attorney to discuss the available legal options.

The Law Office of Joseph Gersten can provide the help you are looking for in dealing with drug charges. A Las Vegas drug possession attorney can provide legal help for the following crimes:

Driving Under the Influence of Drugs (DUID)
Drug Possession for the Purpose of Sale
Drug Trafficking
Possession of Marijuana
Possession of Drug Paraphernalia
Possession of a Controlled Substance (PCS)
Prescription Fraud and Doctor Shopping

Drug charges constitute serious offenses in Nevada. Remember, the police and the prosecutors are working hard to obtain information to use against you. It is important to get legal representation immediately, because a narcotic crime conviction can stay with you forever.

A conviction can make it difficult to find employment or receive other positions and benefits in life. Joseph Gersten can help you fight these charges or can help you get the charges reduced or dropped altogether. Call to learn more during a free consultation today.

Nevada Drug Charges Information Center

What is Possession in Nevada?

Possession is defined as having custody of narcotics such as cocaine, marijuana, opium or other controlled substance. In some areas, individuals can also be arrested for possession without actually having custody of a controlled substance at all. Many cases a person has been arrested and charged for being around an illegal substance.

An individual can also be charged with possession if they are found with drug paraphernalia which is defined as:

any product,
material, or
equipment
used for producing,
concealing,
or using narcotics.

It is important to contact a Las Vegas Drug Charge attorney immediately if you are charged with possession of a controlled substance. You need to take swift action to make sure you avoid the potential consequences of a narcotics conviction.

What are the Defenses to Drug Charges?

Attorney Gersten can provide you with a number of defenses to drug charges. Some of the common defenses are:

The Police violated your constitutional rights with an:
- Illegal search and seizure, or
- Miranda rights violation, or
- Entrapment.
There was no intent to sell drugs.
The drugs were not actually in your custody, control or possession.

Attorney Joseph Gersten can fight against illegal police intrusion and false criminal charges. Attorney Gersten can also negotiate plea bargains where the drug charges can be reduced or dropped all together. It is possible to get your sentence suspended or for the court to order probation or drug rehabilitation. Each case is unique, so different circumstances and facts determine the best defense for a drug charge case. If you or someone you know has been charged with a drug offense, contact our office immediately so that we can start building your defense as early as possible.

Types of Drugs: Nevada Drug Schedule

An individual can posses a number of drugs that violate Nevada’s drug laws. Nevada employs a drug schedule for addictive or illegal drugs. Depending on the amount and the schedule the drugs fall under, penalties for possession, drug trafficking and sale of the drugs vary.

Here is the schedule of drugs in Nevada:

Schedule I Drugs

These drugs have a high tendency for abuse and currently have no accepted medical use.*

Diacetylmorphine - Heroin
MDMA - Methylenedioxymethamphetamine - “Ecstasy”
LSD - Lysergic acid diethylamide - “Acid”
GHB - Hydrooxybutryic acid - “date rape drug”
Mescaline - 3,4,5-trimethoxyphenethylamine - Peyote
Methamphetamine - Amphetamines - “Crystal Meth,” “Speed,” “Crank”
PCP - Phenylcyclidine
THC - Tetrahydrocannabinol - Marijuana / Cannabis - "Weed," "Pot"
- *Marijuana is classified under Schedule I even though medical marijuana is legal in Nevada.

More Information on Marijuana Laws and Penalties

Schedule II Drugs

These drugs have a high tendency for abuse, have soem accepted medical use, and can produce dependency or addiction with repeated use. These drugs are usually available with a prescription from a physician, but are subject to strict record keeping procedures.

Benzoylmethylecgonine - Cocaine
Lachryma Papaveris - Opium
Oxycodone - Oxycontin
Hydrocodone - Lortab, Lorcet, Vicodin
Hydromorphone - Dilaudid
Morphine
Methylphenidate - Ritalin

Schedule III Drugs

These Drugs have less potential for abuse or addiction and may have an accepted medicinal use.

Anabolic steroids
Testosterone
Codeine
Ketamine

Schedule IV Drugs

These Drugs have a low potential for abuse, accepted medicinal use and low chance of abuse or addiction.

Benzodiazepines - Tranquilizers
Alprazolam - Xanax
Diazepam - Valium
Clonazepam
Sedatives

Schedule V Drugs

These Drugs currently have an accepted medical use, low chance of addiction or limited addictive properties.

Cough suppressant
Codeine

This list is a representation of the common drugs that are involved in drug crimes. It is best to consult Attorney Joseph Gerstento to be sure of the legal classification and penalties. Nevada drug law is complex and constantly evolving. Only a licensed Nevada lawyer can help you defend yourself against a Nevada drug charge.

What are the Penalties for Drug Possession in Nevada?

NRS §453.336 discusses the penalties for drug possession. In Nevada, the penalties for drug possession are determined by:

the schedule the drug falls into;
the amount of drugs; and
whether the individual has previous drug convictions on their record.

With an experienced drug arrest attorney, a first drug possession offense can sometimes be reduced or even dismissed if the defendant attends drug court. Penalties for a first time drug possession charge can include:

Rehab (Drug Court),
Probation,
Community service, and
Suspended jail sentence

Subsequent drug possession offenses can be classified as a Category E or Category D felony. A Category E felony carries a penalty of up to one (1) year in jail and a fine up to $5,000. A Category D felony carries a sentence of one to four (1-4) years in Nevada state prison and a fine up to $20,000.

Penalties and charges are going to change based on your prior criminal record and aggravating or mitigating factors. Consult a Nevada drug lawyer to help you with you drug possession charges.

What is Possession for the Purpose of Sale Under Nevada Law?

Based on the quantity of the substance and other factors, a person can be charged with intent to distribute . NRS 453.337 and NRS 453.338 state that it is illegal for a person to possess, for the purpose of sale, controlled substances, narcotics, and other illegal drugs. To violate the law you must be:

in possession of narcotics, and
have the intent to sell or distribute the narcotics

Possession can usually be easy to determine. A person’s intentions are harder to identify. If the following other factors are present, in conjunction with possession of drugs, then law enforcement can try to convict you of intent to distribute or sell drugs:

A large amount of drugs were found, or
Guns or other weapons are found on the person. or
The person is in an area frequented by drug dealers, or
The person has a lot of cash particularly cash in small denominations, or
The person has a scale or baggies that appears to have been used to distribute drugs.

These are the factors that can be used by the state to infer that you were attempting to sell drugs. It is vital to contact a licensed Las Vegas attorney to help you defend yourself against an intent to sell charge.

What are the Penalties for Drug Trafficking in Nevada?

The penalties for Drug Trafficking in Nevada are summarized below:

For more information on drug trafficking penalties, consult the Law Office of Joseph Gersten, a Nevada drug crimes lawyer, immediately to discuss the particular facts of your case.

Drug Crime Resources

L.E.A.P.

Law Enforcement Against Prohibition

Non-profit organization made up of current and former members of the law enforcement and others in the criminal justice system who are devoted to reforming current policy of drug prohibition which does not effectively address the destructive impact of drug abuse, violent drug gangs and cartels.

Common Sense for Drug Policy

The CSDP is a nonprofit organization dedicated to reforming drug policy and expanding harm reduction.

Nevada Revised Statutes Chapter 453

Controlled Substances - Nevada's Uniform Controlled Substances Act.

Office of National Drug Control Policy

The White House ONDCP is a component of the Executive Office of the President whose purpose is to establish policies, priorities, and objectives for the Nation's drug control program.

Drug Enforcement Administration

The DEA's mission is to enforce the controlled substances laws and regulations of the United States.

Finding the Best Las Vegas Drug Attorney

Attorney Joseph Gersten is an experienced Las Vegas criminal attorney who is dedicated to defending those accused of a drug crime throughout Clark County, Nevada and surrounding areas. If you or someone you know is currently facing drug charges in Las Vegas, Nevada, contact the Law Office of Joseph Gersten on (702) 857-8777 for a free case evaluation.

Anchor 1

Anchor 2

Anchor 3

Anchor 4

Anchor 5

Anchor 6

Anchor 7