Drug Possession Attorney in Las Vegas
Don’t let the glamour, neon lights, and nightclubs of Las Vegas fool you into thinking Nevada takes a lenient approach toward drugs. The reality is Nevada has some of the toughest drug possession, distribution, and trafficking laws in the country. In Clark County, law enforcement officers and prosecutors strictly enforce those laws for residents and visitors alike.
If you have been arrested in Nevada on drug charges, you could be facing heavy fines, prison time, and other grave consequences. In fact, even people who have “paid their debt” for a drug crime are still haunted by their past when they search for jobs, apply to colleges, or form new relationships.
Take control of your future by contacting skilled Las Vegas drug crimes attorney Joel M. Mann. With more than a decade of experience as a Clark County criminal trial attorney, Joel has a long track record of getting drug charges dismissed or reduced for his clients. He and his team work tirelessly to protect the rights of Nevada residents, out-of-state visitors, college students, and juveniles charged with drug crimes.
You Can Trust Your Your Drug Defense Attorney to:
- Fight for your release while charges are pending, demanding the lowest possible bail amount
- Thoroughly review any evidence against you to identify potential problems in the case
- Fight fiercely to have disputable evidence thrown out
- Identify opportunities for completing a diversion program to wipe the charges from your record
- Negotiate aggressively in plea deal talks
- Craft a thoughtful defense strategy if your case must go to trial
- Argue for the minimum possible sentence if a conviction is unavoidable, including pushing for any alternatives to incarceration
- Always think ahead to your options for appeal
The stakes are too high to hesitate. You need to hire a knowledgeable Las Vegas drug crimes lawyer today. The dedicated legal team at the Law Office of Joel M. Mann is ready to get started on your case now. Contact us to schedule a consultation, and learn how we will fight to protect you and your future.
How Can Our Las Vegas Drug Defense Attorney Make a Difference for You?
The evidence is key to any criminal case. But what many people don’t realize is that there are numerous reasons evidence could be thrown out. As a veteran drug crimes defense attorney, Joel has reviewed the evidence in countless cases, and he can quickly identify weaknesses in the prosecution’s case.
Joel will immediately begin combing through any photos, lab test results, police reports, and witness statements the prosecution plans to use against you. He will then decide whether the evidence is questionable. For example:
- Did the police obtain any evidence in violation of your rights?
- Did law enforcement stop and/or search you without a warrant, reasonable suspicion, or probable cause?
- Was the arrest or search warrant invalid for some reason?
- Was your constitutional right to an attorney violated by not being informed of your Miranda rights?
- Did your arrest involve a flawed lineup or other misleading forms of identification?
- Are the test results being used against you the result of faulty lab equipment?
- Were procedural mistakes made?
- Does the evidence show that you actually were in possession of a controlled substance?
- Does the evidence really show “intent” to sell drugs?
- Were you the victim of entrapment?
If there is shaky evidence in your case, Joel will argue aggressively to have it suppressed or excluded. Without key evidence, the prosecution may be forced to drop the drug charge against you. Joel has achieved this result for clients in numerous cases.
Contact Joel today to talk about the details of your case. Joel will personally manage your case from start to finish, so you never feel like “just a number.” After all, this is your freedom and your future on the line, and Joel takes his role in defending those rights very seriously.
Are You Eligible for a Diversionary Program for your Las Vegas Drug Charges?
If you are a first-time drug offender, then under Nevada law (NRS 453.3363), you may be eligible to have the court withhold adjudication and place you on probation instead. If you do not violate probation and fulfill the court’s requirements, such as finishing a substance abuse program, the court may dismiss the charge and automatically seal your record.
If you think you may be eligible for a diversionary program, you need to speak with our knowledgeable drug charges defense attorney immediately. Joel can review the details of your case right away and guide you through this complicated process, which could possibly remove the entire mistake from your record.
Schedule a consultation today to learn more.
Understanding the Seriousness of Nevada Drug Charges
Nevada drug laws are very strict, and the potential consequences you face in your case will largely depend on four factors: the schedule of the drug; the amount; the act you are accused of doing (possession, sale, or trafficking); and your prior record.
The Type of Drug Matters.
The type of drug involved in your case will affect the severity of punishment you are facing. Nevada places controlled substances – addictive or illegal drugs – into five categories, or “schedules”:
- Schedule I drugs are those with a high tendency for abuse and no accepted medical use. These include heroin, MDMA (Ecstasy), LSD (acid), GHB, mescaline (peyote), methamphetamine (crystal meth or speed), and PCP (angel dust).
- Schedule II drugs are those that have a high tendency for abuse but may have an accepted medical use. These include cocaine, opium, oxycontin, hydrocodone, hydromorphone, morphine, and methylphenidate (Ritalin).
- Schedule III drugs have less potential for abuse or addiction and may have an accepted medicinal use. They include anabolic steroids, testosterone, and ketamine.
- Schedule IV drugs have low potential for abuse, accepted medicinal use, and a low chance of abuse or addiction. They include tranquilizers, alprazolam (Xanax), diazepam (Valium), clonazepam, and sedatives.
- Schedule V drugs have an accepted medical use and a low chance of addiction or limited addictive properties. Cough suppressant is a Schedule V drug.
The Circumstances Matter.
In Nevada, the circumstances surrounding your arrest will affect the type of charge (and penalties) you are facing. The most common drug charges are:
- Possession: Under Nevada law (NRS 453.336), you may be accused of possession if law enforcement found the drug on your person or if they believe you were in a position to exercise “dominion and control” over the drug. For instance, if police found the drug on the ground next to you, lying on the floorboard of your car, or on a table in your home, you can be charged with possession.Penalties for drug possession in Nevada can include fines of up to $5,000 ($20,000 if it is a third or subsequent offense) and 1 to 4 years in state prison. Although probation (a suspension of the sentence) is mandatory, a court could order you to serve up to 1 year in jail as a condition of the probation. If the drug contains flunitrazepam (“roofies”) or GBH (“date rape drug”), then you may face a prison sentence of up to 6 years.
- Possession with intent to sell or distribute: In Nevada under NRS 453.337 (Schedule I and II) and 453.338 (Schedule III, IV and V), you may be accused of possession with intent to sell or distribute if you had a large amount of drugs, packaged drugs (such as in small baggies), scales or packaging materials, large amounts of cash in small denominations, or guns or other weapons.Penalties for possession with intent to sell or distribute can include 1 to 15 years in prison and a fine of up to $20,000, depending on the type of drugs involved and your criminal history. Probation is an option for first-time offenders.
- Trafficking: Under NRS 453.3385, 453.339, and 453.3395, you can be accused of drug trafficking if you knowingly possess, sell, manufacture, deliver, or bring into Nevada controlled substances in certain quantities. The quantity of drug that qualifies for a trafficking charge depends on the Schedule of the controlled substance.If you are convicted of a drug trafficking offense in Nevada – even if it is a first offense – you must receive a prison sentence. The penalties can be extremely severe, including a potential sentence of life in prison and up to $500,000 in fines.
Remember, the charges you are facing are just the starting point, not the end. When you meet with Joel, he will go over all the details of your case to identify any opportunity to push for the charges to be reduced or dropped. Joel has even been successful in getting the prosecution to agree to dismiss charges after completion of certain requirements.
In addition, Joel can help you with federal charges related to drug possession, sale, or trafficking. Federal drug laws differ in many ways from Nevada’s state laws, but Joel has extensive experience handling both types of cases.
Contact Joel today to start building the strong defense you need to get through this difficult time.
What Are the Marijuana Laws in Nevada?
Marijuana used to be classified as a Schedule I drug in Nevada, but it is now allowed for recreational use. As of January 1, 2017, it is legal in Nevada for an adult (age 21 or older) to purchase from a legal dispensary and possess up to 1 ounce of marijuana (3.5 grams of concentrates) and consume it on private property.
Possession of more than 1 ounce (less than a trafficking amount) or possession/use of marijuana in a public place is a misdemeanor, which carries a maximum $600 fine.
Marijuana trafficking is still a serious crime with severe consequences. Penalties for trafficking marijuana in Nevada (50 pounds to 5,000 pounds or more) can include fines of up to $200,000 and a sentence of up to life in prison (with parole possible after five years).
Note: Marijuana is still considered an illegal drug under federal laws. And the Nevada Legislature is still adapting the state laws to comply with the recent change to make recreational marijuana legal.
Get Help from an Experienced Las Vegas Drug Crimes Attorney
If you or a loved one is facing a drug charge in Las Vegas or elsewhere in Clark County, you need to start working on your defense immediately. Call experienced Las Vegas criminal defense attorney Joel M. Mann or reach him online today.
How Can Joel Help You?
- Possession of a controlled substance
- Possession with intent to sell or distribute
- Drug trafficking
- Marijuana charges
- Cocaine charges
- Prescription pill offenses
- Possession of drug paraphernalia
- Driving under the influence of drugs (DUID)