A Drug Possession Conviction Could Result in Heavy Fines and Jail Time
Drug Possession is defined by NRS453.336 as any person that “knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, dentist, or other licensed doctor.” Even if someone does not intend on selling the drugs, they could still serve prison time and pay a fine. This law applies to all illegal drugs Schedule I-V and any prescription drugs that a person does not have a valid and current prescription for.
Types of Drug Possession
There is more than one type of drug possession charge. A lot of people are convinced that the only way to get charged with drug possession is to have the drugs on your person or in your vehicle. This is not true. “Possession” has a very broad definition in the Nevada legal system. There are three different kinds of drug possession.
Actual possession of a controlled substance –
This is when someone keeps the narcotics on their physical person. This includes holding a baggie of illegal drugs in your hand or hiding it in your pocket.
Constructive possession of a controlled substance –
This occurs when someone stores drugs in a location that they have control over. Examples of this kind of drug possession is hiding drugs in your dresser or keeping out of date prescription pills in your bathroom, where you can access them at will.
Joint possession of a controlled substance –
This drug possession charge is brought up when two or more people share control over the same drugs. For example, a wife can be charged with drug possession if she knowingly allowed her husband to store drugs in the home, or they both knew where the drugs were and had joint access to them.
Penalties for Drug Possession
The sentence a judge will hand down once someone is found guilty of drug possession depends on the schedule of the drug, the quantity of drugs, and whether or not this is a first offense for the defendant. You could even be eligible for Nevada Drug Court if this is a first-time offense of a schedule I drug. This could completely dismiss and seal your case, but you do have to complete a drug education course or rehabilitation program.
Category E Felony
If a person is found with under four grams of a Schedule I-V drug and it is their first or second offense, then the case is charged as a Category E felony. Schedule I-IV drugs include PCP, ecstasy, methamphetamine, heroin, hydrocodone, cocaine, Ritalin, anabolic steroids, Xanax, Valium, Rohypnol, opium, and Ambien. If convicted, a person could serve one to four years in a state prison. However, if you have no prior record then you will likely receive probation or maybe a drug treatment program that gets the charge dismissed.
Category D Felony
If a person is being tried on a third or fourth charge, then the case is tried as a Class D felony. If convicted, a person will serve between one and four years in state prison and pay a fine up to $20,000, but usually $5,000. A Category D Felony does not have mandatory probation sentences like Category E Felonies.
Defenses Against Drug Possession Charges
The Substance Belonged to Someone Else – Any controlled substances can be planted on a person by someone else, or you simply had no knowledge of the drugs’ presence.
Entrapment – A person can be tricked into purchasing 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 look here to see if evidence is actually illegal.
Illegal Search and Seizure – The Fourth Amendment protects you and your personal property from being searched and seized by the government without a warrant or your consent.
Saving a life as part of the “Good Samaritan” Law – If the drugs were found because you sought help for a person overdosing, or you looked after someone overdosing, then you can get your charges dismissed because you never intended to partake in any illegal conduct.
Jesse Kalter is an Experienced Drug Lawyer
It is not just a simple charge if you’ve been charged with drug possession. Even though you can technically represent yourself, it is imperative to seek professional counsel. If you are convicted of drug possession, you could be denied future jobs, certifications, or entrance into masters or doctorate programs, and lose your 2ndAmendment rights. It is something that will follow you for the rest of your professional life. Jesse Kalter is a very experienced drug lawyer. His tenacious pursuit of justice has gotten hundreds of drug charges dismissed or reduced. He is ready to fight for your freedom and get you back to your life. Jesse Kalter is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.
A Drug Possession Charge Needs an Experienced Drug Lawyer.
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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