Drug trafficking is a felony offense under Nevada law and could also subject you to federal prosecution. Though the term might raise images of powerful strongmen who lead large cartels, you could be charged with drug trafficking for selling, transporting or even possessing a relatively small amount of a controlled substance. Miley Law Firm, P.C. in Las Vegas is a proven advocate for clients who are facing prosecution in state and federal court. Drawing on 25 years of experience in this practice area, I am well versed in the procedural violations that often taint these cases, along with other defenses that can lead to a favorable outcome regardless of how strong the prosecutor’s case might seem.
DEDICATED FIRM HANDLES MATTERS RELATING TO ALLEGED DRUG TRANSACTIONS
In Nevada’s laws on drug crimes, specific substances are organized into schedules, with the most hazardous drugs grouped into Schedules I and II. These include heroin, methamphetamine and cocaine. Marijuana, now legalized for personal recreational use in the state, is technically a Schedule I substance but is treated differently under the law. Less dangerous drugs, such as pharmaceuticals not authorized by a doctor, are typically found in Schedules III, IV and V, for which penalties are not quite as harsh. Drug trafficking can involve several different activities, including:
- Sale and delivery — Selling, delivering or manufacturing with the intent to sell a drug listed in Schedules I or II is a Category B felony, punishable by incarceration for two to 20 years plus a fine of up to $100,000. If a very large amount of drugs is involved, it is a Category A felony, where a 25-year term or even a life sentence, is possible. Trafficking penalties associated other drugs are punished as Category E felonies, with sentences ranging between one and four years but with a possibility of suspension.
- Possession with the intent to sell — Authorities often impute an intent to sell drugs to certain actions, communications or even items that are found during a search or arrest. A first conviction on this charge is a Category D felony, which can put someone behind bars for between one and four years.
- Possession exceeding 100 grams — Even if you haven’t sold any drugs or demonstrated any intent to do so, you can still be charged with drug trafficking if you are found to possess enough of a controlled substance to exceed what Nevada law considers to be an amount associated with personal use. If you are holding 100 grams or more or of a Schedule I or II drug (except for marijuana) after July 1, 2020, you face the same penalty as if you were caught peddling the drug. Punishment is harsher if the amount exceeds 400 grams.
Despite some recent liberalization of the laws governing drug trafficking, police and prosecutors still prosecute these cases zealously. In transactions that cross state lines, someone who’s arrested might face federal charges and the tough mandatory minimum sentences that apply in U.S. District Courts. Whatever led to your arrest, a qualified criminal defense lawyer can help determine if evidence used in your case was obtained illegally and can develop a sound plan for defeating the charges or negotiating a fair plea agreement.
Contact an experienced Las Vegas lawyer about defending against a drug trafficking charge
Miley Law Firm, P.C. defends clients in Nevada and federal courts who have been accused of drug trafficking and other controlled substance-related crimes. To schedule a consultation regarding your legal options, please call 702-942-0600 or contact me online. My office is located in Las Vegas.