Defending Drug Trafficking Offenses in Nevada
Aug. 20, 2012
Anybody in Nevada who knowingly either sells, delivers, [intlink id=”1377″ type=”post”]brings drugs into the state[/intlink], or manufactures them falls under the definition of a drug trafficker. Drugs that fall into the drug trafficking category are either schedule one or schedule two drugs.
It should be apparent that trafficking is a crime with a large scope. When a large amount of drugs are involved, and the suspect appears engaged in some of the following behaviors, it is considered drug trafficking. The behaviors, all following under Las Vegas Law Codes include:
Controlled substance possession
Controlled substance manufacturing
Controlled substance transporting
Controlled substance sales
The State will usually reserve trafficking charges for dealers who sell on a large scale. The laws pertaining to controlled substances relate to Schedule One and Schedule 2 substances. Also included are any substances or narcotics containing gamma-hydroxybutyrate or flunitrazepam.
While the charge of drug trafficking is serious, defense attorneys are prepared with a variety of defense measures to use against the state. These defense tactics are often used to have the defendant’s case thrown out completely, to have the charges dropped to a lower offense, or even to add muscle to a plea-bargain. Here are a couple of typical strategies an attorney may use to aid his or her client.
Weight of Drugs
The weight requirements needed to make a trafficking charge stand are very strict. Four grams are needed for a Schedule One drug, and for Schedule Two drugs, twenty-eight grams are needed.
A savvy attorney can sometimes show that the narcotics did not meet the minimum weight requirement needed to prosecute a trafficking charge, or that the scales used to weigh the drugs were either compromised, not used correctly, or simply were not functioning in the proper manner.
Unlawful Search Performed by Police
Citizens of the US are protected by the Fourth Amendment from searches and seizures by police that are not legal. I police make a search upon a suspects home, vehicle, or person, and it can be proved that the search warranty was either faulty, or in come cases non-existent, than it is possible that all of the evidence may be found to be inadmissible in court.
A suppression of evidence motion may be filed with the court by the defendant’s attorney. This motion lays out for the judge how the defendant’s rights were violated by the police, who did not carry out the search in accordance with the constitution.
If a defendant is found guilty in a Nevada Court of Law for drug trafficking, the punishment will depend upon which schedule drug was involved, and the quantity of said drug. However, the avoidance of prison time is often possible when the defendant cooperates with the authorities during the investigation.