Defense Lawyers in Las Vegas Helping Clients Fight Drug Crime Charges

Drug crime charges are taken very seriously in the state of Nevada and can lead to both misdemeanor and felony charges. If you are not familiar with Nevada’s laws, you may not know what to expect when it comes to your drug offense case. Different facts could lead to very different outcomes such as a not guilty verdict, and what drug was involved—Ambien is treated differently than methamphetamine, for example—and the amount of the drug in your possession. If you are facing criminal charges related to illicit drug use or possession, you need drug crime attorneys who know the law extremely well and can offer the legal counsel you need to avoid a drug conviction. Drug Crimes Attorneys at Lipp Law LLC can help you with any drug crime charge. Daniel Lippmann has been helping people in Las Vegas for over 15 years! Give them a call today at (702) 745-4700 for a free consultation.

Overview of Las Vegas Drug Crimes: The Role of Law Enforcement

Las Vegas, known for its vibrant nightlife and entertainment, also faces significant challenges related to drug crimes. The city has seen an increase in various drug-related offenses, including possession, trafficking, and distribution. Under Nevada drug laws, the consequences for drug crimes can be severe, leading to hefty fines and lengthy prison sentences. Individuals arrested for drug charges often find themselves navigating a complex legal landscape.

The nature of drug crimes in Las Vegas necessitates a strong defense strategy. A knowledgeable Las Vegas criminal defense lawyer can provide the expertise needed to understand the intricacies of the law and help clients explore their options. This includes evaluating the circumstances of the arrest, potential defenses, and the possibility of plea negotiations to minimize penalties.

What Are Some of the Drug Categories Under Nevada Law?

Schedule I Drugs

Schedule I drugs are substances that have been determined to have:

A high potential for abuse
No accepted use for medical treatment in the United States or are unsafe for use in the treatment

Common Schedule I substances include:

Methamphetamine
Heroin
GHB
Ecstasy (MDMA)
PCP
LSD
Mescaline
Peyote
Marijuana (Marijuana is categorized as Schedule I even though medical marijuana is legal; there are specific laws and penalties for marijuana offenses in Nevada.)

Schedule II Drugs

Schedule II drugs are substances that have been found to:

Have a high potential for abuse
Have accepted use for medical treatment or accepted use for medical treatment with severe restrictions
Lead to severe physical or psychological dependence if abused

Common Schedule II substances include:

Cocaine
Codeine
Hydrocodone
Morphine
Oxycodone
Methadone
Opium
Barbiturates
Methylphenidate (Ritalin)

Schedule III Drugs

Schedule III drugs are substances that have been found to:

Have less potential for abuse than Schedule I and II drugs
Have a currently accepted use for medical treatment
Lead to moderate or low physical or psychological dependence if abused

Common Schedule III drugs include:

Anabolic steroids
Ketamine
Nalorphine
Testosterone
Synthetic Dronabinol

Schedule IV Drugs

Have a lower potential for abuse than Schedule III drugs
Have a currently accepted use for medical treatment
Cause limited physical or psychological dependence if abused

Common Schedule IV drugs include:

Ambien
Valium
Xanax
Rohypnol
Clonazepam
Tranquilizers
Sedatives

Schedule V Drugs

Schedule V drugs are substances that have been found to:

Have less potential for abuse than Schedule IV drugs
Have an accepted use for medical treatment
Cause limited physical or psychological dependence relative to Schedule IV drugs

Common Schedule V drugs include:

Substances with small amounts of codeine, such as cough suppressants
Substances with small amounts of dihydrocodeine
Substances with small amounts of opium
Substances with small amounts of difenoxin
Substances with small amounts of ethylmorphine

How Much of a Given Drug Amount Can Result in a Conviction in the Silver State?

The most common drug-related crime both statewide throughout Nevada, and specifically in Clark County, is illegal “possession of controlled substances”, referred to within the criminal defense community as “PCS”. Drug possession crimes are delineated by statute and there are specific statutory limits for each named controlled substance—up to “X” amount. The charge remains a simple possession charge, but as the amounts of illegal drugs rise, so too do the charges, ranging from Possession with Intent to Sell, to Transport of a Controlled Substance, to Trafficking in a Controlled Substance which is a very serious, high-level felony charge.

Given that the maximum penalty for high-level drug trafficking in Nevada is a potential sentence of Life Imprisonment without Parole (colloquially known as “LWOP”), the consequences of poor representation could be measurable in years or even decades, not days and/or months.

As far as drugs within schedules I-IV, possession of up to 4 grams of any of the above drugs should be a simple possession offense, an E Felony, carrying a potential 1-4 year term in the Nevada State Prison for a first or second offense. The punishment also includes a fine of up to $5,000.00. A third possession offense will be charged as a D felony and will carry a similar 1-4 year term in the Nevada State Prison. Obviously, a third offense is much more likely to result in a custodial sentence being imposed than would the initial offenses.

Today in Nevada, possession of marijuana up to one ounce is legal for recreational use for any adult in the State. As such, if your drug charge revolves around marijuana, the high likelihood is that the amount of marijuana in issue far exceeds one ounce. The simple possession of marijuana up to one ounce was formerly a misdemeanor offense and today is largely extinct.

What Happens if I Am Charged with Transporting Drugs, and What Are the Penalties Following a Conviction?

NRS 453.321 provides that transporting a controlled substance listed under Schedules I or II of the Controlled Substances Act will be punishable as a felony, carrying a potential 1-6 year term in Nevada State Prison. This is a PROBATIONABLE offense but if your case is handled poorly, a first offense under this statute may well mean 12-30 months in NDOC, or even 2-5 years in NDOC. It is perhaps even more vitally important to be represented by competent and experienced counsel when facing a Transport or Trafficking charge in the drug arena because the potential for lengthy prison stays is much, much greater when handled improperly.

For many drug offenses, subsequent charges of the same type will carry potentially enhanced penalties for the accused. Transport of a Controlled Substance is one of these. The law is premised upon the idea that, once in a while anyway, an individual is unknowingly and/or naively “tricked” into being a “mule” or transporting drugs or drug paraphernalia for someone else, the actual so-called drug dealer or trafficker. The Transporting a Controlled Substance charge arises from this recognition and provides some leniency in the statute but is not at all lenient for subsequent charges.

This is to say that by the time a Court sees an individual charged under this statute a second time, the idea that this individual is “unknowingly” doing the transporting is significantly weakened. As such, the second offense of this type carries heightened exposure for the defendant— while the second offense is still a B Felony (and not the most serious, an “A” Felony). Being a felony, the punishment is more severe as the term of imprisonment is ratcheted up to 2-10 years, the fine is raised up to a maximum of $20,000.00, and the offense is NOT ELIGIBLE FOR PROBATION. Similarly, a third offense under this title will carry a potential 3-15 years in NDOC and a maximum $20,000.00 fine.

What Are the Penalties and Consequences of Trafficking Controlled Substances?

There are three levels of drug trafficking in Nevada under NRS 453.3385:

Low level (4 grams, but less than 14 grams)
Mid-level (14 grams – but less than 28 grams)
High-level drug trafficking (over 28 grams)

The punishment range for a low-level drug trafficking offense is 1-6 years in the Nevada Department of Corrections; for mid-level drug trafficking, 2-15 years; and up to life for a high-level drug trafficking conviction. Low and mid-level drug trafficking are category B felonies, and high-level drug trafficking is a category A felony. The circumstances of your situation and/or the types of drugs may make a difference in the ultimate resolution.

Controlled substances aren’t technically illegal drugs, but you can see that the punishments for drug smuggling are equally severe as these are still seen as felony crimes with roughly the same prison sentence as with other drugs, if not even harsher. No matter the drug is involved, if you are facing charges of transporting illegal drugs or prescription drugs used in an illegal manner, you need a criminal attorney who will fight to protect your constitutional rights and see that justice is on your side. We will convince the judge and the prosecution that you are not guilty!

Legal Strategies for Defense Against Prosecutors

When facing drug charges in Las Vegas, having a well-planned legal strategy is crucial. A skilled drug crimes defense lawyer will assess the evidence against the accused and develop a tailored defense plan. This may involve challenging the legality of the arrest, questioning the validity of evidence, or highlighting issues related to the search and seizure process.

Negotiation is another critical component of defense strategies. A defense lawyer can often negotiate with prosecutors for a plea deal, which may result in reduced charges or lesser sentencing. Such agreements can offer defendants a chance for rehabilitation and protection from the harsher penalties associated with a conviction.

Understanding Nevada drug laws and the potential consequences of drug crimes is essential for anyone facing Nevada drug charges. Engaging a dedicated Las Vegas criminal defense lawyer can significantly impact the outcome of a case, ensuring that individuals receive the representation they deserve in a challenging legal environment.

If you or someone you know is facing drug charges in Las Vegas, it’s crucial to act quickly. Contact a knowledgeable Las Vegas defense attorney who specializes in drug crimes. A skilled drug crimes lawyer can guide you through the complexities of Nevada drug laws and develop a strong defense tailored to your case. Don’t navigate this challenging situation alone—reach out to a trusted drug crime lawyer in Las Vegas, NV, today to protect your rights and future. Your first consultation could be the first step toward a favorable resolution.

How Can I Get Justice if I Was Set Up by the Government?

There is a new body of law regarding “stash houses,” where government agents essentially set up a crime, typically with people who would not have the wherewithal to actually commit the crime. These drug crimes defense cases may be dismissed for Outrageous Government Conduct. However, this is a rare remedy.

At Lipp Law LLC in Las Vegas, we had the pleasure of a drug crimes defense case like this several years ago. While we were unable to successfully get the case dismissed, our client was thrilled with the outcome, which saw him beating the vast majority of the more serious federal felonies following a contested motion hearing wherein we alleged outrageous government conduct by the DEA and FBI and other law enforcement. This case is a favorite of ours at the firm because it highlights what we do extremely well–protect our clients from the overreach of an aggressive and hostile federal drug law that disproportionately targets young people, especially those of color, by almost luring them and inducing them to commit federal drug offenses. We will fight for you as well, and we have experience doing so.

With our years of drug crimes defense experience helping clients avoid drug crime convictions, we are also aware of the shortcuts police officers take when making arrests that can have a huge impact on your case. When you hire our firm, we will thoroughly investigate every witness and aspect of your case to make sure that your rights were not violated under Nevada law. If the arresting officer did not have probable cause to stop you or enter your home, this could constitute an illegal search which is a violation of your rights, and any evidence gathered in related searches could be thrown out. In addition, if you were not read your Miranda rights, any statements you made to the police and any information could also be thrown out depending on your situation. As your drug crimes attorneys, we will make sure your rights are not violated and that you are protected. The goal is to get an acquittal.

Will Hiring Drug Crime Defense Lawyers for Representation Save Me Time and Money?

Drug-related crimes are perhaps some of the most aggressively prosecuted crimes in our legal system today. The zero-tolerance atmosphere we live in makes it nearly impossible for a person charged with a drug-related crime to get a fair trial. A conviction on these charges in Las Vegas can carry some extremely harsh penalties including fines, probation, and jail time. At Lipp Law LLC, it is our goal to mount vigorous defenses for all of our clients from the initial stages of the case through the whole trial. We are skilled attorneys and are proud of our track record in cases that have gone to trial. Our firm has rightfully gained a reputation for its outstanding work as defense attorneys in Las Vegas NV. If you are facing drug charges, be sure you have a strong advocate in your corner to help protect your rights.

With 15 plus years of experience, we’ve defended clients facing felony drug charges, misdemeanor drug charges, drug possession, drug sales & trafficking, meth labs, and marijuana cultivation.

We aim to make a difficult and onerous process as painless as possible. We know the court systems in the area, we know how the Las Vegas drug laws work, and we know how to talk to the juries of ordinary Las Vegans that decide drug crimes defense cases. These factors make Lipp Law LLC your best shot at redemption. All of these bases of knowledge and experience give our drug crimes defense firm a decided edge over out-of-state lawyers and make us a leading candidate to fight your case in court. Give us a call today at (702) 745-4700 to speak with our Las Vegas drug crime lawyers.

Frequently Asked Questions

What are controlled substances?
Due to their propensity for abuse or harm, controlled substances are drugs that are subject to legal regulation. Illegal substances and specific prescription medications comprise this category.

What is the distinction between possession and possession with intent to distribute?
Possession is the act of possessing drugs for personal use. In contrast, possession with intent to distribute implies that the drugs are intended for sale or distribution, often based on their quantity or packaging.

What are the consequences of narcotic crimes?
The penalties are contingent upon the offense, the type and quantity of narcotics, the jurisdiction, and the individual’s prior criminal history. They may encompass prison sentences, probation, mandatory rehabilitation, or fines.

Are drug offenses prosecuted at the state or federal level?
Drug offenses may be prosecuted at both levels. Trafficking across state lines, international drug operations, or larger quantities is typically the focus of federal charges.

In the context of drug offenses, what is the definition of constructive possession?
Constructive possession is the term used to describe the situation in which drugs are under the control of an individual but are not physically present in their possession, such as in their residence or vehicle.

What constitutes narcotic paraphernalia?
Syringes, pipes, scales, and baggies are examples of drug paraphernalia, which are items that are used for the production, consumption, or concealment of narcotics.

Can I be prosecuted for a drug offense if I was unaware of the presence of the drugs?
Lack of awareness regarding the presence of drugs may serve as an effective defense; however, substantiating ignorance may prove difficult and contingent upon the specific circumstances.

In drug crime cases, what constitutes unlawful search and seizure?
The evidence may be inadmissible in court if law enforcement conducts an illicit search without proper warrants or probable cause, violating your Fourth Amendment rights.

Is it possible for me to contend that the narcotics belonged to a different individual?
Indeed, provided that you can demonstrate that the substances were not yours and that you were unaware of their existence or had no control over them.

What are the mandatory minimum sentences for narcotic crimes?
Mandatory minimums are predetermined prison sentences that are established by law for specific drug offenses, particularly those that involve the possession of large quantities or the commission of multiple offenses.