Thousands of people are charged and arrested for drug possession every year. Many of these charges are made based on the discovery of relatively small amounts of controlled substances in your car or on your person. While it’s legal to possess under an ounce of marijuana in Las Vegas, the possession of any amount of cocaine, heroin, methamphetamines, and other controlled substances can lead to an immediate arrest.
There are so many drug possession defendants moving through the system that sentencing has become routine and almost automatic. However, there are ways to fight criminal possession charges. Take a look at your options below.
First Possession Charge
If this is your first possession charge, the sentencing will be more lenient than if you’re a repeat offender. But the consequences can still be very serious. First-time possession of a Schedule One, Two, Three, or Four controlled substance is a Category E felony. This comes with one to four years in prison and up to $5,000 in fines.
If you choose an excellent defense attorney, like those at the Garrett T. Ogata firm, you may be able to avoid a conviction by completing Drug Court or a drug and safety class. This requires that you act as soon as possible after conviction. As soon as you suspect you may be charged with possession, contact a drug defense attorney.
Second and Subsequent Drug Offenses
If you have been charged with possession more than once, it will be much more difficult to defend your case. However, with a good attorney, you may be able to have your sentence and fines reduced.
The consequences of a second or further drug possession (a Category E felony) charge include:
- Mandatory drug treatment
- Fines of up to $5,000
- 1 to 4 years in prison
Depending on the type of possession and the amount you are found with, you may face further and more serious felony charges. It is vital that you consult with an attorney as soon as possible after a drug possession charge. Always consult with your attorney before turning in your plea. It is in your best interest to hire an aggressive defense attorney who will work to have your charges reduced or dismissed whenever possible.
There are many defenses that can help reduce or eliminate your possession charges. The defense that your attorney uses will depend on the specifics of your case, including the details of your arrest, the amount and location of the drugs, and whether or not you have any prior charges. Possible defenses against possession charges include lack of intent, lack of possession, illegal search and seizure, and wrongful accusation.
Talk to your lawyer about your defense options to decide on the best course of action for your particular case. Contact The Law Offices of Garrett T. Ogata at (702) 707-7085 today for a free consultation.