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Drug Possession Charges

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Being charged with a drug crime in Nevada is a serious matter, drug laws are taken very seriously. Drug possession crimes may be charged as a felony or misdemeanor charge, depending on the type of illegal substance in your possession and the amount you have. Penalties for drug crimes can include jail time, taking classes, attending drug treatment and paying heavy fines. In addition to consequences for being charged with a drug crime, criminal drug possession charges can affect the custody of your children, especially if it’s possession with intent to use the drugs, your ability to drive, your ability to obtain or hold a professional license as well as other aspects of your life. If you are charged with a drug crime, here are five things you should know.

Illegally Possessing Prescription Drugs

It is against the law in Nevada to possess certain prescription drugs if you don’t have a prescription. It can also be against the law to be caught under the influence of certain over the counter drugs (OTC). Drug crimes also encompass possessing certain drug paraphernalia. Paraphernalia is a broad term that includes anything that could be used to cultivate, distribute, or consume these substances.

A Good Attorney Makes a Difference.

If you believe the case is straightforward, it might seem unnecessary to hire a defense attorney. However, an attorney is in drug crime charges and criminal defense can have a significant impact on your case. A knowledgeable drug crime criminal defense lawyer will consider various angles of your case to have your charges reduced or dropped.

The Amount Matters

Whether you are charged with a felony or misdemeanor drug offense, or whether you are charged at all, depends on the amount of illegal drugs you have in your possession. Certain drugs may result in a drug crime even if you are found with very small amount. The penalties for drug crimes also vary depending on the amount of drugs you have in your possession.

Even Small Crimes Can Go On Your Record

Even if a charge is ultimately dismissed, being charged with a drug offense itself will go on your record. Most employers run background checks on new hires and even being charged with a drug crime could keep you from being hired. A drug crime defense attorney may be able to get a drug charge expunged or sealed if certain requirements are met.

Drug Possession Defense Attorneys

If you or someone you know has been charged with a drug crime, whether it is possession of drugs, possession with intent, drug paraphernalia, or being under the influence, we can help. As a former prosecutor and now experienced drug crime defense attorney, we can provide you with the legal guidance and representation you need to produce the best outcome for your case. Call us today at (702) 433-2889 or fill out our on-line form for a consultation.

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Frequently Asked Questions

Drug possession charges arise when an individual is found to have a controlled substance without a valid prescription or in amounts that exceed legal limits. This can include illegal drugs, prescription medications without a prescription, and sometimes over-the-counter drugs when misused.

Simple possession typically refers to having a controlled substance for personal use. In contrast, possession with intent often implies the individual intended to distribute or sell the drugs, which is determined based on the amount of the drug or other circumstantial evidence.

Yes, in Nevada, possessing prescription drugs without a valid prescription is illegal. This includes holding someone else's prescription or having more of a medication than prescribed.

Drug paraphernalia can include any equipment or tool used in preparing, storing, injecting, inhaling, or consuming illegal substances. Examples might consist of pipes, bongs, needles, and certain plastic bags or scales.

An experienced attorney can evaluate the specifics of your case, challenge the evidence presented by the prosecution, negotiate on your behalf, and possibly have the charges reduced or even dismissed. They can also advise on the potential for expungement or record sealing.

In Nevada, the amount of drugs in one's possession can determine the severity of the charges. Small amounts might be charged as personal possession (a lesser charge), whereas more significant amounts could result in possession charges with intent to distribute, which carries heavier penalties.

No, drug possession charges can be classified as either misdemeanors or felonies, depending on the type and amount of drug and prior offenses. Felony charges come with more severe penalties.

Being charged can appear on background checks, potentially affecting employment opportunities. However, an attorney may help in expunging or sealing the charge under certain conditions, preventing most employers from seeing it.

In child custody battles, any criminal charges, including drug possession, can be used to challenge one's fitness as a parent. Courts prioritize the child's well-being, and a drug charge could be considered a risk factor.

It's crucial to consult with a knowledgeable drug possession defense attorney as soon as possible to understand your rights, the charges against you, and the best course of action moving forward.

If an individual is found impaired due to misuse of OTC drugs—especially while driving or in public spaces—it can lead to charges similar to those resulting from illegal or prescription drug misuse. Always use OTC drugs as directed.

Nevada offers diversion programs for eligible first-time offenders. These programs often involve drug counseling and treatment. Successful completion might lead to charges being dropped or reduced. An attorney can provide more details based on your specific case.

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Glossary

Drug Possession Charges: Legal penalties incurred when an individual is found to have a controlled substance without a valid prescription or in amounts that exceed legal limits. This can include illegal drugs, prescription medications without a prescription, and sometimes over-the-counter drugs when misused.

Felony Charge: A serious criminal charge typically associated with severe penalties, including prolonged jail time.

Misdemeanor Charge: A criminal charge that is less serious than a felony but more serious than an infraction. Penalties may include a fine, probation, community service, and jail time.

Drug Treatment: A program or method to help individuals stop using drugs and maintain drug-free lives, often used as a punitive measure in drug possession cases.

Paraphernalia: Any equipment, product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

Defense Attorney: A lawyer who represents the accused party in legal proceedings. Defense attorneys conduct research, argue in court, and negotiate punishments.

Expunged Records: The process of legally destroying, obliterating, or striking out records or information in files, computers, and other depositories relating to criminal charges.

Sealed Records: The process of preventing public access to certain court records. A sealed record prevents the general public from viewing the record without a court order, but certain people and entities can still access the record.

Drug Possession Defense Attorneys: Lawyers defending individuals charged with drug possession.

Simple Possession: The crime of having a small quantity of drugs on a person for personal use.

Possession with Intent: The crime of having drugs intending to distribute them to others.

Diversion Programs: Judicial programs that allow a person to avoid criminal charges and a criminal record by completing specific requirements, such as treatment programs or community service.

Alternative Sentencing: A system of criminal punishment that provides means other than incarceration. This can include fines, probation, and community service.

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More Resources for You

Molly Rosenblum, Esq., our lead attorney, has meticulously developed an extensive array of resources to provide support and guidance in various aspects of criminal defense law. These resources, accessible through the Rosenblum Law website, are designed to offer you comprehensive insights and legal expertise, assisting you in navigating the complexities of the criminal justice system. Here’s a summary of the resources that Molly Rosenblum, Esq. has created to help you in your time of need:

  1. Criminal Defense Attorneys: A thorough resource offering expert defense strategies and legal counsel for a wide range of criminal charges. Explore your defense options.

  2. Las Vegas DUI Lawyer: Specialized guidance and representation for those facing DUI charges in Las Vegas, ensuring knowledgeable and robust defense. Learn more about DUI defense.

  3. Domestic Violence Lawyer Las Vegas: Expert legal support for individuals facing domestic violence charges, providing compassionate and assertive representation. Find support for domestic violence charges.

  4. Sex Crimes Attorney: Specialized representation for those accused of sex-related offenses, ensuring a respectful and determined approach to these sensitive cases. Learn about sex crime defense.

  5. CPS Defense Attorney: Expert legal counsel for cases involving Child Protective Services, focusing on child abuse and neglect allegations. Get help with CPS defense.

  6. Misdemeanor Lawyer: Guidance and representation for misdemeanor charges, ensuring your rights are protected throughout the legal process. Explore misdemeanor defense strategies.

  7. Juvenile Defense Lawyers: Specialized legal support for minors facing criminal charges, focusing on tailored defense strategies and the unique aspects of juvenile law. Learn about juvenile defense.

  8. Las Vegas Warrant Defense Attorney: Assistance in dealing with outstanding warrants, aiming to resolve these issues discreetly and efficiently. Address your warrant concerns.

  9. Las Vegas Probation Violation Attorney: Expert advice and representation for probation violation matters, helping you navigate the potential consequences and legal implications. Understand probation violation ramifications.

  10. Theft Crime Defense Lawyer: Skilled defense for theft-related charges, focusing on protecting your rights and securing the best possible outcome. Discover theft crime defense tactics.

  11. Kidnapping Lawyers: Experienced legal representation for kidnapping charges, ensuring a comprehensive and assertive defense. Learn about kidnapping defense strategies.

  12. Firearms Lawyer Las Vegas: Specialized legal guidance for firearms-related charges, focusing on the specifics of Nevada gun laws and your rights. Explore firearms defense options.

Molly Rosenblum, Esq., through these expertly prepared resources, is committed to providing you with the knowledge and representation needed to face criminal charges with confidence. We encourage you to utilize these resources, ensuring that your defense is as strong and informed as possible.

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A Special Message from the Author, Our Lead Attorney

Headshot of Molly Rosenblum Allen, attorney at law, with long blond hair and wearing a black blazer. Molly Rosenblum Allen is the founder and managing attorney of Rosenblum Allen Law.

Molly Rosenblum, Esq

Dear Reader,

Thank you for taking the time to read through the resources we have available.

Navigating the legal landscape surrounding drug cases can be challenging, but we believe that knowledge is power, and we hope these resources have empowered you.

Each drug case is unique and deserves individual attention.

That’s why I would like to invite you for a free consultation.

This will allow us to understand your situation better and provide you with the best possible legal advice.

Please don’t hesitate to contact us at (702) 433-2889 to schedule your free consultation.

Remember, you don’t have to face this alone. We are here to help.

Best Regards,

Molly Rosenblum, Esq.