Legal Defense for Drug Possession Charges in Nevada
Drug use is steadily on the rise in the Vegas area. We have seen a sharp increase in sentencing. If you are charged with drug possession, either with intend to sell or for personal use, you will need a competent criminal defense attorney who can determine which defense options might apply to your case, if you plead not guilty. Keep in mind that different states have different approaches to the issue concerning illicit drugs. The state of Nevada is known as a wild and free, laid back state, but don’t be fooled by the glitz and glam of our marketing campaigns, the State of Nevada is serious about cracking down on illegal drug use in the state.
There are several ways in which someone can defend himself or herself against drug possession charges. Police abuse of power, unwitting possession, and lack of possession are among most defenses for such charges. It is important to never represent yourself in these types of cases unless you are an attorney in which case it would be a good idea to get another attorney so that you can face the case as a dual. The attorney should also be well informed and must have an experience and must have a record of success in such cases.
Some of the legal defenses for drug possession charges in Nevada are:
This is one type of defense that you can use as a victim of drug possession. In these cases, though you may actually be in possession of drugs, the courts cannot find you legally guilty of possession of the drugs because you do not know that you were in possession of the drugs. For instance, a person may give a messenger a package that contains drugs. If the messenger does not know of the drugs, then, he or she cannot be held liable for actual possession of drugs in the package they have, if they are caught with them later on.
This type of defense can also be used in a constructive possession charge. An example of such a case is, if for example, police come to your house, search and find drugs which you were not aware that they were there. The constructive possession charges in this case will be an unwitting defense. This in simple terms mean; un-aware of, or without knowledge of the presence of drugs.
Lack of Possession
This is another common defense to constructive possession charge (Lack of possession). Looking keenly at such a charge, it may appear like you are fooling the court. It can as well appear so silly to tell someone you did not have what they found you with. For example, the police found you in possession of drugs but on the other hand, you are denying have possessed the drugs.
Well, this is not the way to handle lack of possession as a way of defense. In fact, it happens in almost all cases. This is because in normal circumstances, constructive possession is in most cases hard for prosecution to prove. In an instance where a house owner is not at home but a renter or a house care taker is present and there are many people in it, and you are caught with illegal drugs, it is nearly impossible to accuse one person of drug possession.
This is because the homeowner, caretaker or the other attendees of the party, could be guilty of possession of the drugs. This is due to the fact that, dominion and control are essential in proving a constructive possession. Denial of dominion and control would be in an effect lack of possession defense.
Police Abuse of Power
Police abuse of power is another form of defense used in a drug possession charge. This refers to police abusing their power in discovering the drugs. In most cases, this is as a result of police planting evidence onto the victims. These means that there was an illegal seizure or illegal search in which illegal surveillance methods may have been used and unreasonable pressure to threaten or could have been made against other parties or witnesses to the victim.
Entrapment is another form of abuse of power by police. It refers to inducement of individual into buying drugs while on the other hand they would not have done so in normal circumstances’. On the other hand, you have to note that it is not abuse of power by police to lie so as to try and determine if the victim is in possession of drugs or not.
This is because an undercover police agent could be investigating drug possession which is totally lawful to do so. It is also very lawful for police to use set up methods so that they can trap those who are involved in drug possession. For this case, an undercover police agent may pretend to be selling drugs, if you happen to buy drugs from them and you are caught in the process, then you should know you are guilty and will be tried in a court of law for drug possession.
The best thing to do is contact an experienced criminal defense attorney within the Las Vegas area to represent you in court.