Nevada Drug Possession Charges, Including Possession with Intent to Sell or Distribute

Posted By Joey Gilbert Law || 11-Jan-2013

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.

Categories: Criminal Defense
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