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Drug Possession Crimes Compared to Possession with Intent Crimes

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 looking for:

  • 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 to others.
  • 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.