The law in Nevada is strict when it comes to trafficking a controlled substance and of all the narcotics crimes in the state. It’s the most serious one and carries the harshest penalties. If convicted, there are lengthy prison sentences and fines that come with it not to mention a drug offense on your criminal record that can make it hard to get jobs in the future. It’s good to have an understanding about the law as well as the legal defenses and penalties that go along with this charge.
What is Trafficking a Controlled Substance in Nevada?
The legal definition of “trafficking in controlled substances” in Las Vegas, Nevada, is when a person knowingly sells, manufactures, delivers or brings into this State or who is knowingly in actual or constructive possession of large quantities of schedule I drugs or schedule II drugs. This definition makes it clear that trafficking is a very broad crime that is associated with cases where there are large amounts of drugs involved and the person charged is alleged to be engaged in other behaviors that include possession, manufacture, transportation or sale of controlled substances in Las Vegas, Nevada. Charges of trafficking are most times reserved for “big time drug dealers”. Someone who sells a gram of coke would be prosecuted with selling drugs in Nevada rather than trafficking because one gram is not enough to qualify as trafficking.
What are Schedule I & Schedule II Substances?
The trafficking laws in Las Vegas only apply to Schedule I controlled substances and Schedule II controlled substances along with narcotics that contain flunitrazepam or gamma-hydroxybutyrate. If Mark is found to have several pounds of Xanax in his home without a prescription, he is not in violation of any trafficking laws. Xanax is a Schedule IV drug, not I or II so he could be looking at a charge of possession with intent to sell in Nevada. Schedule I drugs include GHB, Hydrocodone, PCP, Ecstasy and Heroin. Schedule II drugs include cocaine, crack, methamphetamine, OxyContin and Ritalin.
Avoiding Prison with Nevada Trafficking Cases
While prison is mandatory for Nevada narcotics trafficking convictions, an attorney can request that the judge consider reducing or suspending the prison sentence completely if the defendant helped the police investigate any crime. Considerations the judge will look at in lessening or suspending the prison sentence of someone convicted of trafficking controlled substances in Las Vegas, Nevada include; how useful and significant the assistance of the defendant was, how truthful complete and reliable the information was, the extent and nature of the assistance, if there was injury, danger or risk of injury to the defendant or their family that resulted from their help and the timeliness of the defendants assistance.
Criminal Defense Lawyers & More in Las Vegas, Nevada
Trafficking a controlled substance in Nevada is a serious crime. If you or a loved one has been charged with drug trafficking, contact Kajioka and Associates, Attorneys at Law for a consultation. We may be able to keep you out of prison and have your charges reduced or possibly even dropped all together. Contact us today!
