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Defending Against Drug Possession Charges in Nevada

Brian J Smith Aug. 18, 2015

When a person has been charged with possessing drugs in either state or federal court, there are several possible defenses to the allegations depending on the facts of the case.

Drug Possession Defenses in State and Federal Court

When you have been charged with possessing drugs, whether through the state or federal court system, your attorney will review the facts of your case to determine the potential defenses they may raise against the allegations. Simply being charged with a crime is not evidence that can be used against you. It is possible that there may be constitutional problems with the manner in which your stop, search or seizure were conducted. There are numerous potential defenses to drug possessions charges, any of which may apply in your case.

Fourth Amendment Issues

In many drug cases, there are problems with the manner in which the police found and seized the evidence. If the search was warrantless, the police must have had probable cause sufficient to search or they must meet another exception, such as your consent to search. It is important to never agree to a search. For marijuana charges in particular, an interesting 9th Circuit 2012 case may apply to Nevada as medical marijuana is legal. In the Washington case, U.S. v. McKinley, the federal court found that due to the changed medical cannabis laws in that state in 2011, the police did not have sufficient probable cause to conduct a search and seizure of the marijuana plants that resulted in the charges against the defendant.

Challenging the Analysis

The prosecution will have to present evidence in the form of expert testimony that the substance was in fact the specific illegal drug for which you have been charged. If they do not call the lab analyst or if there were problems in how the analysis was performed, your attorney may successfully challenge the evidence’s admission.

Determining Defenses

There are other possible defenses to drug possession charges. Your drug lawyer in Las Vegas will carefully evaluate all of the circumstances of your case to determine the best defensive strategy to raise.