Conspiracy in Nevada is when two or more people make an agreement to commit a crime. Under the Nevada Uniform Controlled Substances Act, two or more persons must conspire to commit an offense that constituted a felony under the Uniform Controlled Substances Act or conspire to defraud Nevada or an agency of the State in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy.
When this occurs, each conspiracy is guilty under the Uniform Controlled Substances Act, even if all the conspirators do not take action to further the conspiracy.
If the conspirators commit a crime that is a felony under the Uniform Controlled Substance Act, then all conspirators will be sentenced accordingly. For a first offense, each conspirator is guilty of a Category C felony, punishable by imprisonment in the state prison of not less than one year and not more than five years and a maximum fine of $10,000.00.
For a second offense, each conspirator is guilty of a Category B felony and shall be punished by imprisonment in the state prison for a minimum of two years and a maximum of ten years and a maximum fine of $10,000.00.
For a third or subsequent offense, the conspirator is guilty of a category B felony, punished by imprisonment in the state prison for a minimum of three years and a maximum of fifteen years and a maximum fine of $20,000.00 for each offense.
It is possible for each conspirator to be facing different grades and penalties, depending on the number of previous offenses that each conspirator has. Additionally, any conviction in any other jurisdiction that would be considered a felony under Nevada’s Uniform Controlled Substances Act will count towards previous offenses.
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The previous offenses are not required to be conspiracy offenses; any offense that would be considered a felony under the Uniform Controlled Substances Act will be considered a previous offense for sentencing purposes. Additionally, a judge is not permitted to order a sentence of probation to a conspirator who is convicted of their second, third, or subsequent offense.
If the conspiracy is to commit an act that would not be a felony, such as possession of a controlled substance, and at least one of the conspirators performs an act that furthers the conspiracy, the conspirators will be sentenced accordingly. In this case, each conspirator will be punished by either imprisonment or imprisonment and fine for no more than the maximum punished for the offense that they conspired to commit.
If three people agree to possess a controlled substance, such as three roommates who keep drugs in the bathroom cabinet, all three may be guilty and charged as a conspiracy to possess a controlled substance.
The crime being conspired to commit does not have to be successful for the charges of conspiracy to violate the Uniform Controlled Substances Act to be brought. If several people conspire to commit a felony possession with intent to deliver charge, and the controlled substances are never delivered, all people involved may still be charged with conspiracy to commit possession with intent to deliver a controlled substance.
It is important to have the best drugs crimes attorneys in Las Vegas to represent you if you are charged with conspiracy to commit an act under the Uniform Controlled Substances Act.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
Call us today so that we can review your case with you and get started. Your attorney will be able to review your case thoroughly, guide you through the process from arraignment all the way through pretrial conferences, any pretrial discovery, motions, and trial preparation, trial, and sentencing, and make appropriate recommendations based on your specific case. There are defenses to conspiracy charges, including not being involved in or not having knowledge of the conspiracy (if you were, for example, the fourth roommate, had a separate bathroom, and never opened the bathroom cabinet that your other roommates kept their illegal drugs in), or attempting to abandon the conspiracy and thus no longer being involved.
If you are charged with a conspiracy to commit a drug trafficking offense, the regular defenses to non-conspiracy charges may also be available. Your Las Vegas drug crimes attorney will be best situated to make this determination after you and your attorney review your case together. Your skilled and knowledgeable attorney may also be able to negotiate a favorable plea deal for you, depending on the facts, your criminal history if relevant, and the severity of the charges.
In a conspiracy case, it is especially important to hire the attorney you want to represent you as quickly as possible, as the attorney will likely only be permitted to represent one conspirator without it causing a conflict of interest. Contact us now for a free consultation and to make sure that you can hire the attorney that will fight for you the whole way through the process.
Hiring the best attorney as quickly as possible will help ensure that your rights are protected and that you receive the best possible outcome for your case.