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Yampolsky & Margolis Criminal Defense Las Vega

Drug Crimes Attorney Las Vegas

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Drug Crimes Attorney Las VegasDrug Crimes Attorneys Yampolsky & Margolis Criminal Defense Las Vegas can help you with any drug crime charge! Mace and Jason have been helping people in Las Vegas for over 35 years! Give them a call today for a free consultation!

Drug Categorization and Classification in Nevada–The Basis for the Penalties Prescribed for Possession, Distribution, and Trafficking of Different Controlled Substances

Schedule I Drugs

Schedule I drugs are substances that have been determined to have:

  1. A high potential for abuse
  2. No accepted use for medical treatment in the United States or are unsafe for use in the treatment

Common Schedule I substances include:

Schedule II Drugs

Schedule II drugs are substances that have been found to:

  1. Have a high potential for abuse
  2. Have accepted use for medical treatment or accepted use for medical treatment with severe restrictions
  3. Lead to severe physical or psychological dependence if abused

Common Schedule II substances include:

  1. Cocaine
  2. Codeine
  3. Hydrocodone
  4. Morphine
  5. Oxycodone
  6. Methadone
  7. Opium
  8. Barbiturates
  9. Methylphenidate (Ritalin)

Schedule III Drugs

Schedule III drugs are substances that have been found to:

  1. Have less potential for abuse than Schedule I and II drugs
  2. Have a currently accepted use for medical treatment
  3. Lead to moderate or low physical or psychological dependence if abused

Common Schedule III drugs include:

  • Anabolic steroids
  • Ketamine
  • Nalorphine
  • Testosterone
  • Synthetic Dronabinol

Schedule IV Drugs

Schedule IV drugs are substances that have been found to:

  1. Have a lower potential for abuse than Schedule III drugs
  2. Have a currently accepted use for medical treatment
  3. Cause limited physical or psychological dependence if abused

Common Schedule IV Drugs include:

  • Ambien
  • Valium
  • Xanax
  • Rohypnol
  • Clonazepam
  • Tranquilizers
  • Sedatives

Schedule V Drugs

Schedule V drugs are substances that are found to:

  1. Have less potential for abuse than Schedule IV drugs
  2. Have an accepted use for medical treatment
  3. Cause limited physical or psychological dependence relative to Schedule IV drugs

Common Schedule V drugs include:

  • Substances with small amounts of codeine, such as cough suppressants
  • Substances with small amounts of dihydrocodeine
  • Substances with small amounts of opium
  • Substances with small amounts of difenoxin
  • Substances with small amounts of ethylmorphine

Drug Possession Crimes in Nevada-How Much of a Given Drug Gets You How Much Potential Time in Nevada Custody?

The most common drug-related crime both statewide throughout Nevada, and specifically in Clark County, is illegal “possession of controlled substances”, referred to within the criminal defense community as “PCS”. Drug possession crimes are delineated by statute and there are specific statutory limits for each named controlled substance–up to “X” amount, the charge remains a simple possession charge, but as the amounts of illegal drugs rise, so too do the charges, ranging from Possession with Intent to Sell, to Transport of a Controlled Substance, to Trafficking in a Controlled Substance, a very serious, high-level felony charge with is further separated into low level, mid-level, and high-level trafficking. 

Given that the maximum penalty for high-level drug trafficking in Nevada is a potential sentence of Life Imprisonment without Parole (colloquially known as “LWOP”), the consequences of poor representation could be measurable in years or even decades, not days and/or months. 

Possession–How Much of Each Drug Must I Have to Face Custodial Prison Time in the Silver State?

MARIJUANA: NRS 453.336 used to prohibit the possession of marijuana weighing one ounce (1 oz.) or less. In light of the change in Nevada law, this statute will likely only be used for older offenses given that today, in Nevada, possession of marijuana up to one ounce is legal for recreational use for any adult in the State. As such, if your drug charge revolves around marijuana, the high likelihood is that the amount of marijuana in issue far exceeds one ounce.  The simple possession of marijuana up to one ounce was formerly a misdemeanor offense and today is largely extinct.

FLUNITRAZEPAM, GHB, or known precursors thereof: NRS 453.336(3) provides that it is a B Felony offense carrying a potential penalty of 1-6 years in the Nevada State Prison for possession of even a very small amount of GHB and its precursors, the drug known through the world as the “date-rape drug”. The reasons for the harsh punishments are relatively easy to understand given the drug’s propensity for abuse and for use in the commission of other crimes, i.e., drugging girls mostly.   

POSSESSION OF A CONTROLLED SUBSTANCE (Schedule I-IV Drugs): NRS 453.336(2) provides in pertinent part that possession of various drugs listed in Schedules I through IV of the Controlled Substances Act is punishable as an E felony. 

Schedule 1 includes substances such as Methamphetamine, Heroin, GHB, Ecstasy (MDMA), PCP, LSD, Mescaline, Peyote and Marijuana (Marijuana is categorized as Schedule I even though medical marijuana is legal; there are specific laws and penalties for marijuana offenses in Nevada.). As described above in the marijuana section, possession of up to one ounce of marijuana is now legal recreationally–but in the case of other drugs, one ounce will be determined to be a distributable amount, especially if the drugs are accompanied by a scale, baggies, and other accouterments known to be used in drug sales. 

Schedule II includes substances such as Cocaine, Codeine, Hydrocodone, Morphine, Oxycodone, Methadone, Opium, Barbiturates and Methylphenidate (Ritalin).

Schedule III includes substances such as Anabolic steroids, Ketamine, Nalorphine, Testosterone and Synthetic Dronabinol.

Schedule IV includes substances such as Ambien, Valium, Xanax, Rohypnol, Clonazepam, Tranquilizers, and Sedatives.

With very limited exceptions, possession of up to 4 grams of any of the above drugs should be a simple possession offense, an E Felony, carrying a potential 1-4 year term in the Nevada State Prison for a first or second offense. The punishment also includes a fine up to $5,000.00.  A third possession offense will be charged as a D felony and will carry a similar 1-4 year term in the Nevada State Prison. Obviously, a third offense is much more likely to result in the custodial sentence being imposed than would the initial offenses.  

POSSESSION OF A CONTROLLED SUBSTANCE (Schedule V Drugs): NRS 453.336(2) provides in pertinent part that possession of Substances with small amounts of codeine, such as cough suppressants; substances with small amounts of dihydrocodeine; substances with small amounts of opium; substances with small amounts of difenoxin; and substances with small amounts of ethylmorphine.

POSSESSION OF A CONTROLLED SUBSTANCE FOR SALE (Schedule I or II Drugs): NRS 453.337 provides in pertinent part that possession of Controlled Substances for Sale listed in Schedules I and II of the Controlled Substances Act is punishable as a D Felony offense carrying a potential 1-4 year term in Nevada State Prison and up to a $5,000.00 fine. 

POSSESSION OF A CONTROLLED SUBSTANCE FOR SALE (Schedule III, IV, or V Drugs) NRS 453.338 provides in pertinent part that possession of Controlled Substances for Sale listed in Schedules III, IV, and/or V of the Controlled Substances Act is punishable as a D Felony offense carrying a potential 1-4 year term in Nevada State Prison and up to a $10,000.00 fine.

TRANSPORTING A CONTROLLED SUBSTANCE (Schedule I or II) NRS 453.321 provides in pertinent part that transporting a controlled substance listed under Schedules I or II of the Controlled Substances Act will be punishable as a B felony, carrying a potential 1-6 year in term in Nevada State Prison. This is a PROBATIONABLE offense but if your case is handled poorly, a first offense under this statute may well mean 12-30 months in NDOC, or even 2-5 years in NDOC. It is perhaps even more vitally important to be represented by competent and experienced counsel when facing a Transport or Trafficking charge in the drug arena because the potential for lengthy prison stays is much, much greater when handled improperly.   

Las Vegas Drug Crimes AttorneyFor many drug offenses, subsequent charges of the same type will carry potentially enhanced penalties for the accused. Transport of a Controlled Substance is one of these. The law is premised upon the idea that, once in a while anyway, an individual is unknowingly and/or naively “tricked” into being a “mule” or transporting drugs for someone else, the actual so-called drug dealer or trafficker. The Transporting a Controlled Substance charge arises from this recognition and provides some leniency in the statute that is notably absent from the corresponding Trafficking Controlled Substance, statutory scheme. All of this I say to suggest that subsequent offenses for Transporting a Controlled Substance, unlike a first offense, WILL NOT BE PROBATIONABLE. 

By the time a Court sees an individual charged under this statute a second time, the idea that this individual is “unknowingly” doing the transporting is significantly weakened. As such, a second offense of this type carries heightened exposure for the defendant–while the second offense is still a B Felony (and not the most serious, an “A” Felony), the punishment is more severe as the term of imprisonment is ratcheted up to 2-10 years, the fine is raised up to a maximum of $20,000.00, and the offense is NOT ELIGIBLE FOR PROBATION. Similarly, a third offense under this title will carry a potential 3-15 years in NDOC and a maximum $20,000.00 fine.   

TRANSPORTING A CONTROLLED SUBSTANCE (Schedule III, IV, or V) NRS 453.321 provides in pertinent part that transporting a controlled substance listed under Schedules III, IV, or V, of the Controlled Substances Act will be punishable as a C felony, carrying a potential 1-5 year in term in Nevada State Prison. This is a PROBATIONABLE offense but if your case is handled poorly, a first offense under this statute may well mean 12-30 months in NDOC, or even 2-5 years in NDOC. It is perhaps even more vitally important to be represented by competent and experienced counsel when facing a Transport or Trafficking charge in the drug arena because the potential for lengthy prison stays is much, much greater when handled improperly.  

As is the case with persons charged multiple times with Transporting a Schedule 1 or Schedule II Controlled Substance, subsequent offenses of the statute are treated more harshly at sentencing. For instance, second and third offenses under the statute carry the following potential penalties: 2nd Offense, B Felony, Non-Probationable, 2-10 years in Nevada State Prison, and a fine of up to $20,000.00; 3rd Offense, B Felony, 3-15 years in Nevada State Prison, and a fine of up to $20,000.00. 

TRAFFICKING IN CONTROLLED SUBSTANCES

Drug Trafficking in Nevada-If You Thought You Could Go It Alone Before, Now With This Charge, You Really Shouldn’t

There are three levels of drug trafficking in Nevada under NRS 453.3385:

    Low level (4 grams, but less than 14 grams)

    Mid-level (14 grams – but less than 28 grams)

    High-level drug trafficking (over 28 grams)

The punishment range for a low-level drug trafficking offense is 1-6 years in the Nevada Department of Corrections; for mid-level drug trafficking, 2-15 years; and up to life for a high-level drug trafficking conviction. Low and mid=level drug trafficking are category B felonies, and high-level drug trafficking is a category A felony.

LOW/MEDIUM/HIGH LEVEL

TRAFFICKING A CONTROLLED SUBSTANCE (Schedule 1 or FLUNITRAZEPAM, GHB, or known precursors thereof) NRS 453.3385 prohibits the sale or trafficking of 4 grams to 13.999 grams (less than 14 grams) of any of the above substances and punishes the same as a B Felony offense with a NON-PROBATIONABLE prison sentence of 1-6 years and a mandatory fine of up to $50,000.00. (LOW)

TRAFFICKING A CONTROLLED SUBSTANCE (Schedule 1 or FLUNITRAZEPAM, GHB, or known precursors thereof) NRS 453.3385 prohibits the sale or trafficking of 14 to 28 grams of any of the above substances and punishes the same as a B Felony offense with a NON-PROBATIONABLE prison sentence of 2-15 years and a mandatory fine of up to $100,000.00. (MEDIUM)

TRAFFICKING A CONTROLLED SUBSTANCE (Schedule 1 or FLUNITRAZEPAM, GHB, or known precursors thereof) NRS 453.3385 prohibits the sale or trafficking of MORE THAN 28 GRAMS of any of the above substances and punishes the same as an A Felony offense (the most serious) with a NON-PROBATIONABLE prison sentence of EITHER 10-25 years in Nevada State Prison or 10 years to LIFE IMPRISONMENT, as well as a mandatory fine of up to $500,000.00. (HIGH)

Emerging Law Regarding Stash House Robberies and Government Misconduct–Were You Set Up?

There is a new body of law regarding “stash houses,” where government agents essentially set up a crime, typically with people who would not have the expertise or wherewithal to actually commit the crime. These cases may be dismissed for Outrageous Government Conduct. However, this is a rare remedy.

At Yampolsky & Margolis Criminal Defense Las Vegas, we had the pleasure of defending a case like this several years ago. While we were unable to successfully get the case dismissed, our client was thrilled with the outcome, which saw him beating the vast majority of the more serious federal felonies following a contested motion hearing wherein we alleged outrageous government conduct by the DEA and FBI. This case is a favorite of ours at the firm because it highlights what we do extremely well–protect our clients from the overreach of an aggressive and hostile federal drug law that disproportionately targets young people, especially those of color, by almost luring them and inducing them to commit federal drug crimes. We will fight for you and we have experience doing so. 

Defending Against Drug Charges in Nevada-Where Going it Alone Can Cost You Time and Money

If you are facing drug-related charges, you need an experienced Drug Crime Attorney in Las Vegas. Drug-related crimes are perhaps some of the most aggressively prosecuted crimes in our legal system today. The zero tolerance atmosphere we live in makes it nearly impossible for a person charged with a drug related crime to get a fair trial. Furthermore, since many drug crimes are status offenses, often times it is difficult to argue that you did ot intend to possess the drugs you are arrested with since–you may have heard this before–possession tends to be 9/10 of the law.   If you are facing drug charges, be sure you have a strong advocate in your corner to help protect your rights.

There might be many options for you when choosing from Las Vegas Drug Crime Lawyers, yet you should always hold out for the best in the business, and for that there is nobody better than us. Crimes involving drugs can be quite complicated and it is important to understand each and every element of the Las Vegas drug laws that govern such crimes, so that a solid defense can be formulated for when the case goes to trial.

A conviction on these charges in Las Vegas can carry some extremely harsh penalties including fines, probation, and jail time. At Yampolsky & Margolis Criminal Defense Las Vegas, it is our goal to mount a vigorous defense for all of our clients from the initial stages of the case through the whole trial. We are skilled attorneys and are proud of our track record in cases that have gone to trial. Our firm has rightfully gained a reputation among the best drug crimes attorneys in Las Vegas NV.

At Yampolsky & Margolis Criminal Defense Las Vegas, we are amongst the most experienced Las Vegas drug crime lawyers you can find, and we have a reputation for fighting for our clients to the very end. Our dedication to your case is only surpassed by our desire to formulate for each of our clients the best possible defense, and for them to come out on the other side without any more hassles for them to deal with. We aim to make a difficult and onerous process as painless as possible. While we understand that very few people stop and think about whether there are any drug crime lawyers near me after they have been apprehended, we know the court systems in the area, we know how the Las Vegas drug laws work, and we know how to talk to the juries of ordinary Las Vegans that decide cases. These factors make Yampolsky & Margolis Criminal Defense Las Vegas your best shot at redemption. All of these bases of knowledge and experience give our firm a decided edge over out-of-state lawyers, and makes us a leading candidate to fight your case in court. Just trust our judgment and you’ll be in good hands.

When you hire our firm, we will thoroughly investigate every aspect of your case to make sure that your rights were not violated under Nevada law. If the arresting officer did not have probable cause to stop you or enter your home, this could constitute a violation of your rights, and any evidence gathered in related searches could be thrown out. In addition, if you were not read your Miranda rights, any statements you made to police could also be thrown out. As your Drug Crimes Attorney in Las Vegas, I will investigate these aspects of your case and work diligently to protect your rights. I am extremely familiar with all of the “Shortcuts” that that cops use. I will make sure your rights are not violated and that you are protected. I am one of the leading Las Vegas drug crime lawyer, This is kind of due diligence you will receive if you hire our firm. I’ve defended thousands of clients accused of drug crimes in both the State of Nevada and Federal court. I’ve also represented many in the City of Las Vegas I understand the nuances that could be crucial to a great resolution so that you can avoid jail time.

With our combined 35 plus years of experience, we’ve defended clients facing the following types of drug related charges:

Drug Crimes:
  • Felony Drug Charges
  • Misdemeanor Drug Charges
  • Drug Possession
  • Drug Sales & Drug Trafficking
Drug Manufacturing:
  • Meth Labs
  • Marijuana Cultivation

Give us a call today to speak with our Las Vegas drug crime lawyers. When you choose to go ahead with our service, you can rest assured that you are in the right hands. Our attorneys and services make it extremely easy for you to find drug crimes attorneys in Las Vegas who also understand drug laws very well.

For more information on how https://www.criminallawyerslasvegas.com/ can help you with Drug Crimes Attorney Las Vegas, please contact us at (702) 385-9777, or visit us here:

Yampolsky & Margolis Criminal Defense Las Vegas

625 S 6th St Las Vegas, NV 89101

(702) 385-9777

Las Vegas Drug Crimes Lawyer

Yampolsky & Margolis Criminal Defense Las Vegas

Call For A Free Legal Consultation
(702) 385-9777

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