Drug Crime Lawyer Las Vegas 

Information on Drug Offenses in Nevada

Classification of Controlled Substances in Nevada

According to Chapter 453 of the Nevada Administrative Code, drugs are classified into five schedules, based on how dangerous the substance is, the likelihood that the drug will be abused, and whether or not it has any medical use in the United States. A breakdown of the drug schedules is as follows:

Schedule I

Substances in this schedule are categorized as having the highest potential for abuse and are considered extremely dangerous. These drugs currently have no accepted medical use. Examples of drugs in this schedule include Heroin, Cocaine, LSD, and Ecstasy (NRS 453.510).

The stringent penalties associated with Schedule I drugs reflect their dangerous nature, commonly resulting in severe legal repercussions. These substances are often the focus of intense legal scrutiny and law enforcement activities due to their significant impact on public health and safety.

Schedule II

Drugs classified in this schedule have a high potential for abuse and have limited amounts of medical use. Extreme restrictions have been placed on the use of these drugs because of the dangers associated with them. Some of the commonly used drugs in this schedule include Opium, Morphine, Oxycodone, Codeine, and Hydrocodone (NRS 453.20).

Despite some medical applications, the risk of addiction and misuse remains high, necessitating strict regulatory oversight. Legal consequences for violations involving Schedule II drugs can include substantial fines and imprisonment, underlining the seriousness of such offenses.

Schedule III

These substances have a moderate potential for abuse and have some accepted medical uses and are prescribed by doctors under very specific circumstances. Anabolic steroids and ketamine are commonly used drugs from this schedule (NRS 453.30).

Regulations surrounding Schedule III drugs aim to balance medical accessibility with preventive measures against abuse. By maintaining stringent controls, authorities seek to mitigate risks of addiction while permitting legitimate medical treatments to proceed.

Schedule IV

Narcotics in this schedule are known to be somewhat addictive, but have a lower potential for abuse than drugs mentioned in the schedules above. These drugs are commonly prescribed by doctors to treat a wide variety of illnesses. Examples of drugs from this schedule include Valium and Xanax (NRS 453.40).

With widespread medical use, Schedule IV drugs are carefully monitored to prevent diversion into illicit markets. Prescriptive guidelines and monitoring programs are essential to balancing availability for patients and minimizing potential misuse.

Schedule V

These drugs are categorized as having the lowest potential for abuse and they have many accepted medical uses. Cough syrup and other drugs that contain small amounts of controlled substances are examples of drugs in this schedule (NRS 453.50).

Although less regulated, Schedule V substances still warrant caution due to potential abuse in high doses. Effective public health policies and patient education are important to ensure these medications are used appropriately.

Call Our Las Vegas Drug Lawyers

To learn more about drug crime classifications in Nevada, contact our Las Vegas drug lawyers at Pariente Law Firm, P.C. today at (702) 793-2420. 

What are The Most Common Narcotics Crimes in Las Vegas?

Drug charges typically depend on the amount of controlled substance possessed, as well as what the individual intended on doing with the narcotics in his or her possession. Some of the most commonly committed drug crimes are defined below:

Possession of a Controlled Substance

According to NRS 453.336, an individual who knowingly possesses a controlled substance without a valid prescription, is guilty of illegal drug possession. An individual can have actual or constructive possession of the narcotics. If the drugs are anywhere on your body, you are said to be in actual possession. Constructive possession means that the substances have been stored in a place that you have control over.

Understanding the nuances between actual and constructive possession can be pivotal in a legal defense. By exploring these definitions, a competent drug crime lawyer can argue the lack of intent or insufficient knowledge of the drugs present, which may mitigate charges or lead to a dismissal.

Possession of Drug Paraphernalia

This offense is defined by NRS 453.566 as being in possession of an object with the intent to use the object to package, distribute, manufacture, cultivate, store, transport, or use controlled substances. Some examples of paraphernalia include scales, pipes, bongs, capsules, small bags, and sifters.

Challenging such charges often revolves around proving legitimate, non-drug-related uses for the paraphernalia, or demonstrating an absence of knowledge regarding its intended use. It's crucial to scrutinize the circumstances surrounding the discovery and seizure of alleged paraphernalia to build a strong defense.

Possession with Intent to Distribute:

NRS 453.337 and 453.338 state that anyone who possesses a controlled substance with the intent to sell it can be charged with this offense. In order to determine whether or not an individual intended to distribute narcotics, law enforcement can look for the presence of unusually large amounts of illegal substances or cash, weapons, packaging materials, and other paraphernalia consistent with drug distribution.

Defense strategies can include disputing the interpretation of evidence intended to demonstrate intent. For instance, your defense may argue that the presence of large sums of money or packaging materials has been misunderstood, offering an alternative explanation that negates illicit intent.

Federal Drug Charges in U.S. District Court of Nevada

The federal government is also involved in the prosecution of drug offenses under the Controlled Substances Act. The Drug Enforcement Agency is tasked with pursuing federal narcotics crimes, although other agencies, like the FBI, may also do so.

Federal charges often carry significantly harsher penalties than state-level charges, reflecting the seriousness with which the federal government views these offenses. Individuals facing federal charges are subject to mandatory minimum sentences, requiring a robust legal defense capable of navigating complex federal systems.

The federal government can arrest anyone for mere possession of a controlled substance but is more likely to pursue high-level trafficking charges. If convicted of these crimes, you will face mandatory minimum sentences and, sometimes, millions of dollars in fines.

Your attorney must be licensed in federal court. Michael Pariente is not only licensed, but he has also practiced for many years in the U.S. District Court of Nevada and was a federal public defender before opening his defense practice.

Engaging an attorney familiar with federal drug cases increases the likelihood of formulating an effective defense. This knowledge is crucial, given the stringent sentencing guidelines that exist at the federal level. Attorneys well-versed in these practices are essential for presenting motions or negotiating plea agreements that could mitigate the severity of the consequences.

Working with the Best Drug Charge Defense Lawyers in Clark County, Nevada

Michael Pariente is an accomplished defense attorney who aggressively fights for clients accused of drug crimes in Henderson, Clark County, Paradise, Las Vegas, Spring Valley, and the surrounding areas. Whether you are a resident or a tourist, rest assured that Pariente Law Firm, P.C. will handle your case with the vigor and personal attention it deserves.

If you have been arrested on drug charges in and around Las Vegas, contact Michael Pariente today at(702) 466-1871. He has the knowledge and experience necessary to assist you against any drug charge, and he will dedicate his time to ensuring you have the best defense possible.

Choosing the right lawyer can make all the difference in handling drug-related allegations. Michael's client-centered approach means personalized attention and a tailored strategy for your specific circumstances, ensuring that you feel supported throughout the legal process.

• Possession of a Controlled Substance
• Ecstasy
• Cocaine Charges
• Possession of Drug Paraphernalia
• Possession with Intent to Distribute
• Prescription Drug Charges

To speak with our experienced Las Vegas drug crime lawyer, give us a call at (702) 466-1871or contact us online today.

Penalties for Possession of Drugs and Paraphernalia

If an individual is convicted of illegal possession, his or her punishment will depend largely on the amount and type of illegal substances found in his or her possession. Although penalties for narcotics crimes are predetermined, an experienced defense attorney in Las Vegas may be able to have your charges reduced, leading to a reduction in potential penalties.

In most cases, a first or second offense of possession is considered a category E felony and is punishable by between one and four years in prison, and/or a fine of up to $5,000. A third or subsequent offense is usually classified as a class D felony and carries a potential prison sentence of one to four years, and/or a fine of up to $20,000.

Possession of drug paraphernalia is punishable by up to six months in jail, and/or up to a $1,000 fine.

Understanding the gravity of these penalties underscores the importance of building a solid defense. Strategies might include challenging the evidence's validity or arguing for alternative sentencing options, like rehabilitation programs, especially for first-time offenders. Such approaches can sometimes prevent a conviction from severely impacting one's future.

Penalties for Possession with Intent to Distribute

The penalties for possession with intent to sell are mainly determined by which schedule the substance is classified under. If an individual is charged with intending to sell narcotics in Schedule I or II, he or she faces a category D felony. This is punishable by one to four years in prison, and/or up to a $5,000 fine if it is his or her first offense.

For a second offense, the charges are upgraded to a category C felony, which carries a prison sentence of one to five years, and/or a fine of up to $10,000. If an individual is convicted of this offense for a third time, he or she can be sentenced to three to 15 years in prison, and/or a fine of up to $20,000.

If the drugs are classified in Schedule III, IV, or V, a first or second offense is punishable by between one and four years in prison, and/or a fine of up to $10,000. A third offense carries one to five years in prison, and/or a fine of up to $10,000.

Effective defenses against these charges often involve discrediting the evidence pointing to intent. Legal representation can also focus on discrepancies in law enforcement's handling of the investigation or potential procedural errors that could result in charge reductions or dismissals.

FAQs About Drug Crimes in Las Vegas

What Should I Do If I'm Arrested for a Drug Crime in Las Vegas?

If you are arrested for a drug crime in Las Vegas, it's crucial to remain calm and understand your rights. You have the right to remain silent and the right to an attorney—use them. Do not provide statements to the police without your lawyer present, as anything you say can be used against you. Contacting a skilled drug crimes lawyer immediately is vital as early legal intervention can significantly impact your case.

An attorney can assist in preserving evidence, questioning arrest procedures, and ensuring that your rights were not violated during the arrest process. Remember, navigating Nevada's legal system can be complex, and having legal representation from professionals familiar with local laws increases your chances of a positive outcome.

How Are Drug Charges Determined in Clark County?

In Clark County, drug charges depend on various factors, including the type of drug, the quantity found, and the individual's intent. The state utilizes a classification system, from Schedule I to Schedule V, with each schedule indicating the potential for abuse and accepted medical use. Charges range from simple possession to more serious charges like trafficking and intent to distribute.

More serious penalties are imposed for drugs classified under Schedule I and II due to their high abuse potential. Legal outcomes can also be influenced by prior convictions and whether the offense occurred in a school zone or involved minors, factors which can enhance penalties.

Is It Possible to Have Drug Charges Dropped or Reduced?

Yes, it is possible to have drug charges dropped or reduced, but this generally depends on the circumstances of your case. A comprehensive legal defense can involve challenging the legality of the arrest, disputing evidence, or negotiating plea deals. Legal counsel can also argue for charge reductions by highlighting any procedural errors during your arrest or investigation.

Engaging in treatment programs might also influence the legal outcome, particularly for lesser offenses. An experienced attorney in Las Vegas can assess your case for weaknesses and create a strategy to achieve the most favorable outcome possible, ensuring every opportunity for reduction or dismissal is explored.

What Are Common Defenses Against Drug Charges?

Common defenses against drug charges include challenging the legality of a search, contesting the ownership of the drugs, and questioning the methods of evidence collection. If law enforcement conducted an illegal search or seizure, the evidence acquired might be inadmissible in court, leading to dropped charges.

Lack of awareness is another defense, where your attorney must prove that you had no knowledge of the drug's presence. Another strategy involves questioning the chain of custody for evidence, ensuring there was no contamination or mismanagement. Legal representation will help tailor these defenses to your specific situation.

Why Choose Pariente Law Firm, P.C. for Your Defense?

Choosing Pariente Law Firm for your defense means entrusting your case to a team led by a former prosecutor and federal public defender. This dual experience offers unparalleled insight into the prosecution's strategies and potential weaknesses. Michael Pariente's personalized attention ensures that each defense is meticulously prepared, addressing the unique aspects of every client's case.

Pariente Law Firm emphasizes the importance of client-centered legal strategies, striving to protect your rights and achieve the best possible outcomes. Whether navigating the complexities of state or federal charges, you can rely on professional and determined legal support tailored specifically to your needs.

Defending Against Drug Charges in Las Vegas

Being charged with a drug crime in Las Vegas can have serious consequences, including fines, jail time, and a criminal record. It is crucial to have a skilled and experienced drug crimes attorney on your side to protect your rights and provide a strong defense.

At Pariente Law Firm, our Las Vegas drug defense attorney has a proven track record of successfully defending clients facing drug charges. We will thoroughly investigate your case, challenge any evidence against you, and work tirelessly to achieve the best possible outcome.

Our drug crimes legal services include:

• Defense against drug possession charges
• Representation for drug trafficking offenses
• Advocacy for clients facing drug manufacturing charges
• Negotiation for reduced charges or penalties

Don't face drug charges alone. Contact our Las Vegas drug crime lawyer today for a free consultation to discuss your case and learn how we can help you fight back against drug crime allegations.

Identifying weaknesses in prosecution arguments and utilizing expert testimonies are integral parts of building a defense strategy. These methods, coupled with a comprehensive understanding of legal precedents, equip our attorneys to provide you with formidable defense representation.

Resources for Narcotics Charges in Nevada

Drug Enforcement Administration: The DEA is responsible for enforcing drug laws in the United States, and to bring any individual who is responsible for breaking these laws to justice.

Chapter 453 of the Nevada Revised Statutes: This chapter of the Nevada Revised Statutes provides explanations and definitions for crimes related to controlled substances. The link also provides potential penalties for offenders of drug crimes.

Las Vegas Metropolitan Police Department:The LVMPD is the chief law enforcement agency in Las Vegas and in the surrounding area. The police department is located at:

400 S. Martin L. King Blvd  
Las Vegas, Nevada 89106  
Phone: (702) 828-3111

Understanding who to contact and where the resources are located is critical for anyone navigating drug charges. Familiarizing yourself with these sources can also provide valuable insights into the procedural aspects of drug enforcement in Nevada.

Defending Against Drug Charges in Las Vegas

Facing drug charges can be a daunting and stressful experience, but you don't have to navigate the legal system alone. Our experienced Las Vegas drug crime lawyers at Pariente Law Firm, P.C. are here to provide you with aggressive and strategic defense representation.

Whether you are facing charges for drug possession, distribution, trafficking, or manufacturing, our legal team has the knowledge and insight to fight for your rights and protect your future. We will work tirelessly to investigate your case, build a strong defense strategy, and advocate on your behalf in court.

Don't wait to seek legal help if you have been charged with a drug crime in Las Vegas. Contact our dedicated team today to schedule a consultation and start building your defense.

To speak with our experienced Las Vegas drug crime lawyer, give us a call at (702) 466-1871or contact us onlinetoday.