As one of the few attorneys who has been sworn in before the U.S. Supreme Court and a member of the National Association of Criminal Defense Lawyers, I know what it takes to win a drug possession case. I have represented clients in all of Nevada’s state and federal trial and appeals courts and believe I have the formula to win a drug possession case. Here are the steps to victory:
Find a Las Vegas Drug Crime Attorney
The first step in every criminal case should be to find an experienced drug crime lawyer. Drug crimes are a specific type of criminal case that require specialized knowledge about constitutional issues, laboratory testing, and criminal procedure. Even if you don’t hire me, look for a Las Vegas drug crime attorney who is familiar with Nevada drug laws. Once you hire a capable attorney, they can start taking steps to aggressively defend you.
Understand Defense Options
If you are facing charges for drug trafficking or possession, it is critical that you understand the different legal strategies available to you. Depending on the circumstances surrounding your case, these may include:
Dismissing the Charges Against You
If police misconduct or a procedural error affects your case, I may fight to have the charges against you dismissed. Some reasons to seek a dismissal of charges might include:
- Police did not have a warrant to search your home.
- Police obtained a warrant on false information.
- Police lacked reasonable suspicion to search your vehicle or person.
- Police got a false confession due to excessive force.
- You were not given a Miranda warning when you should have.
- Laboratory technicians tampered with evidence.
- Police did not keep a proper chain of evidence with the alleged illegal substance.
Going to Drug Court or Rehabilitation
Nevada offers a rehabilitative alternative to incarceration in some low-level narcotics cases, known as “drug court.” Once a defendant completes the drug court program’s terms and conditions, the underlying narcotics charge is dismissed. This alternative allows people with substance abuse problems to address them and avoid a criminal record that could jeopardize their future.
Nevada law, pursuant to NRS 453.3363, makes drug court available to first-time offenders charged with:
- Misdemeanor possession (NRS 453.351)
- Unlawful drug use (NRS 453.411)
- Felony possession (NRS 453.336)
Alternatively, the court can allow a defendant to go to rehabilitation to address the underlying substance abuse problem.
Seeking an Acquittal
If it is not possible to have the charges against you dropped completely or to secure a favorable plea bargain, I will fight to defend your freedom in court and to secure a “not guilty” verdict.
Assess the Evidence
Your drug possession lawyer will want to carefully analyze the evidence against you to offer a recommendation about how to best proceed with your case. This may require a careful analysis of:
- The circumstances surrounding your arrest
- Any search or seizure the police conducted
- The authenticity of lab results to determine whether the item seized was actually an illegal substance or the weight law enforcement alleges
- Eyewitness and police statements
Once I have thoroughly assessed the evidence, I can give you a better idea about the strength of the prosecution’s case and my recommendation on how to beat the charges against you.
Understand Proof Beyond a Reasonable Doubt
We’ve all heard the term “proof beyond a reasonable doubt” in movies, shows, etc. But what does it mean? Courts have struggled to define this term and have rejected definitions like “99% certain.” What it ultimately boils down to is that if a juror is uncertain about your guilt, he or she should not find you “guilty.” This doesn’t mean you will get a “not guilty” verdict returned if the juror has the tiniest sliver of doubt. The doubt has to be “reasonable,” so that there is a real question about your guilt.
Prosecutors are required to meet the “beyond a reasonable doubt” burden for every element of the crime you are charged with. If they fail to establish this burden on even one element, the jury must return a not guilty verdict. I will hold the prosecutor to this high standard and defend your rights at every phase of your case.
Contact Joel Mann Today
If you are facing Las Vegas drug charges, contact me, Joel M. Mann, for help. I am a Las Vegas drug crime attorney who will listen to you and understand your goals. I provide affordable retainer and payment options. Contact me online today or call the Law Office of Joel M. Mann anytime at (702) 474-6266. I’m on-call 24/7 to answer your questions.