Las Vegas residents still don’t know that spice possession can lead to serious felony charges.
And in many ways, the users of spice are victims twice: Once, from the owner of a smoke shop who markets his product as legal; And twice, from the justice system and media in Las Vegas that don’t tell people that possessing spice can be a felony charge.
Under Nevada Revised Statutes (NRS) 453.081 and 453.091 the word “Drug” and “Manufacture” have a broad definition.
It is vital for people who possess spice in Las Vegas to understand that they may be facing severe felony consequences under the NRS statutes.
But, just as important, the police have a special duty to make sure that the law is fairly applied to everyone—including the constitutional safeguards that apply to all individuals in Las Vegas. This means that even for felony spice charges the same privacy rights apply.
Most spice possession cases stem from a vehicle search, the search of a person or a home search.
Keep in mind - probable cause and search warrants are not the same thing
The police usually need a search warrant to enter your home or office to look for spice. Do yourself a favor and do not give them permission to enter without one.
And, remember that probable cause is not enough for the police to enter your home. The police need to get a judge’s approval through the warrant process.
There are many complex evidence rules that can suppress the spice from being used in court.
If the police are charging you with spice possession and you believe your privacy rights were violated the evidence may be suppressible in Court.
In many instances when drug evidence like spice is suppressed, the criminal case can lead to a dismissal of charges.
Some basic legal rules for all spice possession defendants in Las Vegas - know your Miranda rights.
Remember that the police usually have to read you your rights to get an attorney and to be silent before they can question you about your spice possession.
But equally important, they don’t have to tell you to be quiet.
Make sure you don’t volunteer any statements to the police. Any voluntary statements you make about your spice possession are not covered by your Miranda rights. For more information read our article about Being Questioned By Police.
Don't try to beat the system alone. Our spice possession attorneys understand the drug laws in Las Vegas and are here to help the community.
If you are facing felony spice charges in Las Vegas, give our office a call.
We provide free case evaluations.
Our phone number 702-432-1000.