If you are charged in Las Vegas, Nevada with illegal drug possession it is very important to get legal representation as soon as it possible because a narcotic crime conviction can stay on your record for many years.
Every year thousands of Las Vegas residents and tourists are arrested with drug possession. These charges in Nevada can vary based on the type of drug, the amount of the drugs and the context that the drugs were found in.
Actual possession is the name given to drug possession charges that involve drugs found on a person’s body or connected to a person
One famous example of actual possession is when a celebrity was caught with drugs that were in her coat pocket. Because she was wearing the coat the drugs were physically connected to her person. Other common examples of Actual possession are when drug mules are caught with drugs strapped to their bodies or ingested.
There are multiple ways prosecutors try to find a person guilty of drug possession. One of them is by claiming the client had constructive possession of drugs. This is especially true when the drugs are not actually found on the person.
So what is constructive possession of drugs?
Constructive possession of drugs is when a person has dominion or control of the drugs or over the location that the drugs are found in.
This usually means the drugs are found in the following places:
As some celebrity drug possession cases in Las Vegas show us, a defendant can always claim that they did not know they had the drugs on them.
The State must show that you had knowledge that the drugs were on you. However, willful ignorance is not a defense in a drug possession case. Moreover, juries often don’t believe defendants did not know of the drugs are found in an object that the defendant owns.
A more common defense to drug charges in Nevada is to challenge the grounds for the search and seizure of the drugs.
You have a constitutionally protected right to privacy. Without a valid search warrant the police usually cannot enter your home to search for drugs.
And when an officer in Nevada stops you on the street for drug possession or in your car for drug possession he must comply with Constitutional Protections that protect your privacy.
A good drug defense lawyer in Las Vegas knows that when the police violate your constitutional rights to privacy the drugs and other evidence they find can be suppress in Court.
When drug possession evidence is suppressed in Court it usually cannot be used against you to find you guilty.
Legal challenges to drug possession evidence are not easy to spot for typical people and even some lawyers. It is imperative to hire an experienced attorney who will defend your charges aggressively.
A good criminal defense attorney will spot legal issues that can strengthen your criminal defense case and potentially get your entire drug charge dismissed.
At Heshmati & Associates Law Offices we offer free initial consultations and Flexible Payment Plans.
Call us today at 702-432-1000.
• The National Institute on Drug Abuse. The National Institute on Drug Abuse is a government organization created to better understand the root causes of drug addiction and drug abuse using research and scientific studies.
• Academic Drug Discovery Consortium. The goal of the Academic Drug Discovery Consortium (ADDC) is to build a collaborative network among the growing number of university-led drug discovery centers and programs.
• New England Journal of Medicine. The New England Journal of Medicine is one of the oldest and most prestigious medical journals in the United States. It is considered a leading authority of peer reviewed and published articles regarding drug use in the United Stated.
• Substance Abuse and Mental Health Services Administration. The Substance Abuse and Mental Health Services Administration is a Federal agency that provides needed mental health services for those suffering from drug abuse and drug addiction. Besides advocating for mental health reform SAMHSA also provides treatment support for veterans with mental health and substance abuse related issues.