Nevada Revised Statute 453.337 (NRS 453.337) makes it unlawful to possess a controlled substance for the purposes of sale. Various defenses can be brought in a drug possession with intent to sell charge, from asserting the drugs did not belong to you, to claiming the search for the drugs was illegal (unlawful search and seizure).
It is important to understand your legal defenses because they may prevent you from being convicted of a non-probational crime and having to serve mandatory jail time. There are a number of possible defenses to drug charges in Nevada, including:
Lack of Possession. If you can show that drugs found near you did not belong to you, your case may be dismissed. This defense is most successful if more than one person is present when drugs are discovered. For example, if you live with three roommates and drugs are found in your rental home, you may be able to make the argument that you didn’t know about the drugs, and they did not belong to you.
Entrapment. Entrapment is simply an abuse of police power when police induce a normally law-abiding person to commit a crime. This could be in a police sting operation to attempt to get confidential informants. While a sting operation may be legal, it can cross the line into entrapment if police harass people into criminal activity. Entrapment can be a defense in drug possession cases where cops threaten jail time for not committing crimes.
The Defense of Illegal Search. Police must gather evidence of criminal activity legally and reasonably. An entire case may be dismissed, and the court may disregard all evidence found in an illegal search, if an officer committed misconduct, either in obtaining the warrant or conducting the search. If the police do not have a warrant to search you, they must have your consent. In most cases, automobiles are an exception, and police may search cars without a warrant if they believe it contains evidence.
If you are charged with a crime and believe you may have been illegally searched, call our Nevada criminal defense lawyers as soon as possible. We will review your case and advise if we may be able to successfully file a motion to suppress evidence, and get charges dismissed or reduced.
Free Consultations For Drug Possession Cases
LV Criminal Defense Lawyers have a reputation for caring for our clients and their families through confusing and scary times.We understand how scary it is to face criminal charges. We are here seven days a week to help you take the first steps in your criminal defense case. Before you face an uncertain future, talk to us.
We will do everything we can to help you get your legal matter resolved quickly and favorably, with as little impact to you as possible. Call us at 702-623-6362.