What to Do If You Are Arrested for a Second or Subsequent Drug Offense
Despite displaying a culture of indulgence and excess, Nevada is very strict when it comes to drug offenses. If you are arrested on charges of drug possession and have a prior conviction, you can face mandatory drug treatment, hefty fines, and a year or more in prison. In many cases, the prosecutor may pursue various felony convictions.
If you are arrested for a drug offense, you need an attorney who will fight to get your charges reduced or dismissed. You need a lawyer who knows Nevada law and will protect your rights against overzealous prosecutors. You need attorney Garrett T. Ogata. Call or text (702) 840-5062today for a free consultation.
What Are the Legal Implications of a Drug Possession Charge?
Drug offenses in Nevada are charged under the Uniform Controlled Substances Act. Under this act, drugs are classified into schedules depending on the potential for abuse and whether they have a valid medical use. Controlled substances under this act are not limited to illegal drugs and can include prescription drugs and narcotics.
Depending on the type of drug and the amount, you could face felony charges. Under NRS 453.336 – Unlawful possession not for purpose of sale, with the exception of marijuana, you will face felony consequences for a second or subsequent possession offense.
What Penalties Can I Face for Multiple Drug Offense Convictions?
The penalties for drug possession in Nevada increase depending on the type and quantity of the controlled substance. While marijuana generally carries less harsh punishments, other controlled substances can result in a fine of over $5000 and a minimum prison sentence of one year. The punishment will also increase substantially for third or subsequent offenses.
Penalties for a felony conviction after July 1, 2020:
- Category A felony: life imprisonment
- Category B felony: up to twenty (20) years in prison.
- Category C felony: up to five (5) years in prison and a fine not to exceed $10,000.
- Category D felony: up to four (4) years in prison and a fine not to exceed $5,000.
- Category E felony: suspended prison sentence with up to one (1) year in county jail and a fine not to exceed $5,000
Do the New Laws Affect My Case?
New laws went into effect on July 1, 2020. These new laws amended several sections of the Controlled Substances Act. To determine how these laws can affect your case, you need to consult with an experienced attorney.
What Should I Do Next If I am Arrested for Multiple Drug Charges?
No matter the circumstances of your case, you should always speak with an attorney prior to entering a plea in your case. It is in your best interest to secure an attorney immediately after arrest. In some cases, charges can be reduced or even dismissed before you ever go to court.
Drug charges are a serious offense in Las Vegas, and it takes an aggressive, passionate defense attorney to be successful. A prosecutor has endless resources at their disposal to secure a conviction. You need a proven litigator to help you get a favorable outcome in your case. Attorney Ogata knows what it takes and will fight to keep you out of jail.
Are There Any Defenses in Drug Cases?
There are a number of possible defenses that arise in drug possession cases, but without the help of a knowledgeable attorney, you will likely face the maximum penalties.
Possible defenses in drug possession cases include:
- Lack of intent
- Illegal search and seizure
- Lack of actual possession
- Wrongfully accused
Our attorneys are highly-trained in constitutional law and will develop a detailed strategy to defend the charges against you or your loved one.
What Are Sentencing Alternatives in Drug Cases?
Depending on the situation, there may be several options available to you that could help mitigate sentencing in your case. For instance, it may be advantageous for you to enter a drug treatment or rehabilitation program before going to court. In some cases, the court may also assign you to a program as a condition of sentencing.
You may also be eligible for alternative sentencing, including entering a drug court program or drug diversion. These programs are not for everybody and may not be useful in your case. To discuss your options, contact our office immediately.
Arrested on Drug Charges? Get a Free Consultation
The biggest mistake most people make after multiple arrests for drug charges is not hiring an attorney. You need legal representation if you are facing criminal charges for drug possession in Nevada. Penalties increase for each subsequent offense, your freedom, and your future is on the line.
Contact The Law Offices of Garrett T. Ogata today for a free consultation. Attorney Ogata is a skilled defense lawyer who can help you understand your rights and possible defenses in your case. Call or text today to get the help you need.