Possible Defenses for Drug Crimes

Jesse Kalter • June 24, 2022


Possible Defenses for Drug Crimes

It’s important to remember that a person is innocent until proven guilty in a court of law. There are several possible defenses for drug crimes in Nevada. These defenses can be presented by the defendant. However, to achieve the best possible outcome it is highly recommended to consult with an experienced drug crimes lawyer to avoid the harsh penalties of drug crimes in Nevada.

These are a Few of the Possible Defenses for Drug Crimes in Nevada



Possible Defenses for Marijuana DUI

Driver was not Under the Influence– The symptoms of marijuana intoxication can also be attributed to lack of sleep, being around cigarette smoke, or even agitation from the officer’s questioning. An experienced DUI lawyer could prove that the officer misinterpreted these signs as indicators of intoxication.



No Probable Cause– Unless the stop is part of a DUI checkpoint, the prosecution will have to prove the arresting officer had enough probable cause to pull over the driver.



Faulty Testing Equipment– An experienced DUI lawyer will conduct a thorough investigation of the chemical test done to determine if it was administered correctly.



Possible Defenses for Prescription Medication Related Crimes

Prescription Pills Belonged to Someone Else– The prescription pills could have simply belonged to someone else and the accused had no knowledge of its presence.



Have a Prescription– In many cases, all a client has to do is present a prescription for the medication from a doctor or healthcare provider.



Illegal Search and Seizure- The Fourth Amendment protects you and your personal property from being searched and seized by the government without a warrant.



Possible Defenses for Meth, Heroin, Cocaine, or Controlled Substance

Meth, Heroin, Cocaine, or Other Controlled Substances Belonged to Someone Else– Meth, heroin, cocaine, or controlled substances belong to someone else and the accused had no knowledge of its presence.



Entrapment– A person can be tricked into purchasing meth, heroin, cocaine, or other controlled substances from a member of the police force when they were not otherwise going to purchase anything.



Mishandled Evidence– Tests are not always accurate, and equipment can go faulty. Experienced drug crimes and drug possession lawyers will always start by looking here.



Illegal Search and Seizure- The Fourth Amendment protects you and your personal property from being searched and seized by the government without a warrant.


There was No Intent to Sell– The quantity alone of meth, heroin, cocaine, and other controlled substances does not mean a person intends to sell them. It could be for personal use.



Possible Defenses for Drug Paraphernalia

Drug Paraphernalia Belonged to Someone Else – These devices could belong to someone else.


Device Not Used Illegally – If the device has not been used for illegal activity, then the case can be dismissed as it would not be considered illegal paraphernalia.


Illegal Search and Seizure - The Fourth Amendment protects you and your personal property from being confiscated unless probable cause of a crime can be proven. This right even applies if the items seized are illegal



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