In the state of Nevada, having any amount of an illegal narcotic on your
person, in your control, or within your property can constitute
simple possession. While this is often regarded as the least serious of
drug crimes, it can still slam those convicted of it with severe penalties, such as
imprisonment and thousands in fines. However, the severity of the crime
may seem minimal when compared to
possession with intent to sell charges.
If the police or investigators come to the conclusion that you wanted to
sell some of your illegal drugs, narcotics, or prescription medications,
your simple possession charge will be escalated to possession with intent
to sell. But short of a confession, how can they prove your intents? It
is not like they can read your mind, nor are they permitted to jump to
conclusions and back unjust charges.
In order to charge you with possession with intent, the police will be
Professionalism: Investigators often see an organized collection of drugs as a storefront
meant to sell or distribute the content to others. This argument conveniently
overlooks the fact that someone who organizes their narcotics into containers
or dosages might just be a neat, kempt person with no intent to sell drugs
Large amounts: When police come across a large cache of illegal drugs, the first conclusion
they reach is that it is there to be distributed and sold for profit;
they may even conclude right away that the individual must be connected
to a crime syndicate. Since many people stockpile or bulk-buy things they
use regularly, from narcotics to stationary, this should not be accepted
as evidence of intent to sell.
Cash collection: When police get a warrant to search a residence for drugs, they can also
search it for other forms of pertinent evidence. In many drug crime cases,
this includes large collections or depositories of cash, which they construe
to be linked to selling the illegal substances. This is particularly weak
evidence on their part, as many people these days avoid banks and lock
their money in safes.
Firearms: Drug distribution rings can attract dangerous people who often carry guns
to protect themselves or conduct violent crimes. If investigators find
guns on your property as well as illegal guns, they may make the fast
connection that you are selling the narcotics. The Second Amendment is
a solid counterargument to this “evidence.”
If the police have concluded that you were possessing drugs with the intent
to sell them, you can still fight to have the charges reduced to simple
possession or dismissed altogether. At the Law Office of David R. Fischer,
our Las Vegas criminal defense attorney is ready to hear your case and
construct a solid defense on your behalf. If the matter cannot be improved
or concluded out of court, know that we are always prepared for litigation
in pursuit of a not guilty verdict.
Get more information about our law firm by
contacting us today.