Las Vegas Drug Possession Lawyer
If you have been charged with possession of a controlled substance in Las Vegas, you should speak with an experienced drug possession lawyer to discuss your rights. Drug possession is a serious criminal offense in Nevada, and you could be facing prison time and significant fines.
Karen A. Connolly represents those facing drug possession charges in Las Vegas and the surrounding areas.
Nevada Drug Laws by Substance:
- Nevada Cocaine Laws and Penalties
- Nevada Marijuana Laws and Penalties
- Nevada Ecstasy Laws and Penalties
- Nevada Prescription Drug Laws and Penalties
Arrested for Drug Possession in Nevada?
Las Vegas Drug Possession Laws
In Nevada, the Uniform Controlled Substances Act applies to most drug offenses.
Nevada Rev. Stat. § 453.336 provides that “a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription.” Controlled substances include illegal drugs (such as cocaine, marijuana, ecstasy, heroin, and methamphetamine) as well as prescription drugs for which you do not have a valid prescription.
Types of Drug Possession
Nevada controlled substances laws prohibit three types of drug possession: (1) actual, (2) constructive, and (3) joint.
A person is in actual possession of a controlled substance when keeping narcotics on his or her person. For example, a person who has a vial of crack cocaine in his or her pocket is in actual possession of the drug.
A person is in constructive possession of a controlled substance when narcotics are found in an area over which he or she has control. For example, a homeowner who has an ounce of marijuana under his or her bed is considered to be in constructive possession of the drug.
A person is in joint possession of a controlled substance if he or she shares control of narcotics with another person. For example, a husband who knows that his wife stores PCP under their bathroom sink may be found to have been in joint possession of the drug.
Defenses to Drug Possession Charges in Nevada
If you have been charged with drug possession in Clark County, a Las Vegas drug possession lawyer can help you understand the defenses available to you in your criminal case. The following material is provided for informational purposes only.
- LACK OF KNOWLEDGE. If you did not know about the presence of the drugs you were charged with possessing, you are not guilty of a crime under Nevada law. For example, if your roommate hid ketamine in your garage and you had no knowledge of this, you may be acquitted (found not guilty) or have your case dismissed.
- ILLEGAL SEARCH. Typically, police must obtain a warrant before conducting a search. There are many exceptions to this general rule. However, if you were charged with drug possession after being the subject of a warrantless search, you may be able to suppress evidence obtained from this search during your trial.
- ENTRAPMENT. Entrapment is a defense to all criminal charges, but it is very hard to prove. If police officers induce a person to commit a crime that he or she would not have otherwise committed, this is entrapment.
- CRIME LAB ANALYSIS. If analysis of the “drugs” found in your possession establishes that the substance was not in fact illegal, you may have a defense to the charge of drug possession.
Las Vegas Drug Possession Attorney
An experienced criminal defense attorney can help protect your rights and defend you against drug possession charges. To discuss your case, call Karen A. Connolly at (702) 678-6700 today.