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Defending Drug Possession in Nevada

Brian J Smith Aug. 20, 2012

In Nevada, it is not just selling drugs but also possessing drugs with the intention to sell them is a legal violation. Such crimes related to drugs would not only land the individual with penalties and imprisonment, but it can also seriously hamper his chances of getting a job in the future. Once caught with drugs, it is recommended that the victim gets assistance from a legal professional, so that the severity of the punishment could be reduced or can be negated completely.

Nevada: Definition for Possessing Drugs with the Intent to Sell

As per the legal definition of the law of Nevada, it is against the law to possess illegal drugs and narcotics with the intention of selling the substances in the future. This legal offence has several different names, such as PCSWITS, PPSCSN, etc. These are all shorter versions of the specific offence.

There are quite a few people who believe that such laws are harsh and unjust. They opine that punishing an individual for possessing the drugs is unfair, as the actual sale has not taken place and there are no guarantees as well whether the sale would happen or not in the future. In addition, there are also chances of innocent people getting falsely accused.

Intent to Sell:

In Nevada, the concept of “intent to sell” is fairly difficult to prove. This is because the intent is in the mind of the person, which cannot be seen or witnessed by another individual. To ensure that the individual is in possession of the substance for commercial reasons, there are certain instances and events that can serve as a warning or a hint.

  1. The drugs would be packaged and stored in a safe and separate container.

  2. The suspect would be in possession of a weapon.

  3. The quantity of drugs found with the suspect would be too many for personal usage.

  4. The suspect invariably carries huge amount of cash always; small bills and receipts, in particular.

  5. The suspect was caught with the drugs in a locality known for drug deals.

The above mentioned legal rules and regulations do not intend to punish an individual, who buys the drugs. An individual purchasing these drugs could be booked under Nevada’s laws for drug trafficking.

In the case of an individual getting implicated with the charges of drug possession for sale, there are very good chances of the accused getting acquitted in the case, or being subjected to mild punishments. There are quite a few strategies that the lawyer of the accused can use to get his client out of legal trouble. The attorney might say that the drugs that were with his client actually belonged to someone else. The attorney may even go on to say that there was no intention to sell the drug.

The penalties or the punishment for the individual caught with drugs under his possession would usually depend on two factors i) the classification of the drug and ii) the criminal record of the defendant. If the defendant is a first-time offender, then he might not be put behind bars and may just have to serve a probation period.

A first-time offender would usually be subjected to the following sentences: probation, rehab, community service, suspended imprisonment, or other similar punishments. A suspended imprisonment means that the individual would be under observation for a specific period of time, and if there are any violations during the probation period, then he might be heading straight to jail.

Almost all crimes related to drugs are inadmissible and deportable. Therefore, a proper legal representation is imperative to handle such situations.