Despite the fact that drug crimes are rampant in the state of Nevada, it is important to note that the law doesn’t take them lightly in any way. Amongst the various aspects and subjects related to drug crimes, simple possession seems to be one of the common laws that people usually fall victim for.

 

This post will be explaining every detail that you need to know about simple possession. There is no doubt that after reading its content, you will understand the roles of an experienced attorney in cases like these.

What does simple possession mean?

According to the law of Nevada, simple possession simply implies the possession of drugs for your personal use. (NRS) 453.336 explains it to be unlawful and intentional possession of any controlled substance. Just as said above, there are strict punishments and penalties for offenders when found guilty by the court of law in Nevada.

What are the types of possession?

Possession is of different types. For instance, while most people consider controlled substances to be illegal drugs, the law of Nevada tries to explain that drugs for which someone doesn’t have prescription can also fall under such category too.

 

There are three types of possession. These are:

  • Actual possession
  • Constructive possession
  • Joint possession

Actual possession is when the person is in possession of the drugs as explained above. Constructive possession is a situation when the person isn’t in actual possession of the drug but has knowledge of its existence. Joint possession is a situation when the drug is being controlled by 2 or more people.

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What are the legal penalties for simple possession?

Penalties associated with drug possession usually vary. They are determined by the type of drug in question which an offender is holding. Repeat offenses can lead to increased penalties and punishments. First – time offenses are usually enrolled through drug court program. You only need to complete the programs as required.

 

According to NRS, the drugs in possession can be categorized under Schedule I, II, III, or IV. In such a case, the following punishments will be meted out to offenders when found guilty:

 

  • In the case of a first or second offence, you can serve 1 – 4 years imprisonment. For first time offenders, there may be drug court program enrolment.
  • 3rd time offence will attract a fine of around $20,000 and 1 – 4years imprisonment.
  • The punishment for GHB drug is 1 – 6years imprisonment

 

The two major factors that can determine how an offender gets punished are:

  • The amount of drugs found in possession
  • Whether such individual has been convicted in the past of simple possession

How an attorney can help ?

Being convicted of simple possession is more serious than imagined. For instance, your records will be adversely affected. This is why you need the help of a professional attorney. There are several strategies he can adopt to secure your freedom. These could be:

  • Using the lack of intent strategy where he will try to convince the judge that you never had any intention of possessing a controlled substance
  • Providing evidence that your property has been searched illegally
  • Proving it is was only an act of overdose phoning