The possession of small but usable amounts of any illegal drug is likely
to lead to a charge of “simple” possession–the least
serious of the drug-related charges. However, if a person is found with
a more substantial amount of drugs, or with a small amount packaged in
such a way as to appear to be prepared for further distribution (for example
in separate baggies), or with a combination of drugs and objects often
used in the sale of drugs (such as a gram scale), that person will likely
be charged with “possession with intent to sell” or “possession
with intent to distribute”–i.e. drug trafficking. Both of
those charges are felonies, and a person convicted of either would face
years of incarceration and substantial fines.
Moreover, the drugs need not be found directly on the person: if they are
found in an area over which the person could exercise control, for example
in the person’s car or luggage, the law would still consider that
person to have been in “constructive” possession of the drugs.
If there is any evidence that the drugs have been transported across state
lines, and in particular if the amount of drugs found is substantial,
the federal authorities are likely to file federal charges. Federal drug-sentencing
laws are severe, and a person convicted under federal laws would face
incarceration in a federal prison.
A conviction for a drug-related crime, whether under state or federal laws,
would also have extremely serious immigration-related consequences. People
convicted of drug-related crimes (with the possible exception of some
of the least serious possession charges) are considered “inadmissible”
into the U.S. and face deportation from the U.S. as soon as they have
completed their jail or prison time.
Therefore, if you are facing any drug-related charges, you should consult
immediately with an experienced criminal defense attorney. No two cases
are identical; an experienced criminal defense attorney can evaluate the
facts of your case and determine whether there are weaknesses in the prosecution’s
arguments or evidence that could be used in your defense. If you are facing
drug-possession charges in Reno, Nevada, hiring an experienced Reno criminal
defense attorney would be the most effective and efficient way to fight
the charges and reach the best possible outcome for your individual circumstances.
If you or loved one are charged with possession of controlled substance
or Trafficking in Nevada or California,
contact Joey Gilbert Law to discuss your rights. Call (775) 574-4774 today for
your free confidential consultation.