Marijuana trafficking is a serious crime in Clark County, Nevada. But according to Nevada criminal defense lawyer Neil Shouse, "It may be possible to have trafficking charges reduced or thrown out completely.especially if we can show the judge that the police acted improperly."
In this article, our Las Vegas Marijuana Trafficking attorneys will answer the following questions:
Each of Nevada's marijuana laws are designed to penalize a specific behavior, such as possessing marijuana, possessing marijuana with the intent to sell it, or selling marijuana. Trafficking law is different because it punishes all behaviors involving marijuana as long as the marijuana itself weighs at least one hundred pounds (100 lbs.). This is why big-time drug dealers are usually charged with trafficking.
You may be charged with trafficking in Clark County if you're selling, manufacturing, delivering, importing or merely possessing one hundred pounds (100 lbs.) or more of pot. If the pot is less then 100 lbs., then the more specific marijuana crimes (listed above) would apply.
For example, if a cop finds you smoking a joint while driving through North Las Vegas, you may be arrested for simple possession. But if you're found with a hundred pounds of marijuana in your trunk, you may be charged with trafficking.
Similarly, if a cop sees you selling a baggie of weed on a Henderson street corner, you may be charged with selling marijuana. But if you're found selling a hundred pounds of weed in a Henderson alleyway, you may be charged with trafficking.
Since trafficking marijuana is a very broad crime, the best defense strategy in Clark County depends on the facts of your specific case. The following are some defenses our Las Vegas trafficking attorneys many explore when fighting a trafficking charge:
Since trafficking law in Las Vegas applies only when the marijuana weighs at least one hundred pounds, a Nevada criminal attorney may try to show that the marijuana fell short of the minimum weight. For example, the attorney can argue that the Las Vegas police methods of weighing the marijuana produced inaccurate results.
Obviously, if an attorney can show that the marijuana was not in your possession or control, that would work in your favor when trying to dismiss a marijuana charge.
Even if you do have one hundred pounds of marijuana stowed in your garage, the police need to find the marijuana through a legal search before you can be legally charged. If a Nevada criminal law attorney can show that the police violated the Fourth Amendment "search and seizure" laws in order to find your marijuana, the case should be dropped.
The penalties for trafficking marijuana in Nevada increase with the amount of marijuana involved:
Trafficking one hundred pounds (100 lbs.) to less than two thousand pounds (2,000 lbs.) of marijuana is a category C felony. That carries one to five years imprisonment and a fine of up to $25,000.
Trafficking two thousand pounds (2,000 lbs.) to less than ten thousand pounds (10,000 lbs.) of marijuana is a category B felony. That carries two to ten years imprisonment and a fine of up to $50,000.
Trafficking ten thousand pounds (10,000 lbs.) or more of marijuana is a category A felony. That carries imprisonment of fifteen years to life (with the possibility of parole after five years) and a fine of up to $200,000.
The same penalties apply to citizens whether they personally conducted the trafficking, or served as an accomplice by helping someone commit the crime. And because the definition of trafficking marijuana may include the actions of possession or possession for the purpose of sale of that marijuana, a Nevada court may not convict a citizen of both trafficking and a possession crime based on the same facts.
Drug trafficking of any kind is always a deportable offense in Nevada for aliens. Furthermore, if you're an undocumented alien looking to adjust status, drug trafficking of any kind automatically renders you inadmissible, and you don't even need to have been convicted to be removed from the U.S. Learn more about inadmissible offenses in Nevada here, and read our article about our criminal defense of non-citizens in Nevada here.
Trafficking marijuana is illegal under federal law as well. To learn about the federal crime of marijuana trafficking, read our article on the federal crime of marijuana trafficking
Our Nevada criminal defense attorneys are here to negotiate fiercely with prosecutors to reduce or dismiss your charges. And if you decide to go to trial, we're here to fight for you in court.
If you are in need of criminal defense legal representation in Las Vegas, contact our Las Vegas Criminal Defense Lawyers at 702-DEFENSE (702-333-3673) to schedule a free consultation.
If you or a loved one faces misdemeanor or felony charges, contact our Las Vegas NV criminal defense attorneys at (702) DEFENSE. We'd be glad to meet with you for a free consultation. We practice throughout Nevada, including Las Vegas, Henderson, Reno, Carson City, Boulder City, Mesquite and Laughlin.
5 A Powerful, Effective Advocate to Have in Your Corner
In my time of need I called on Neil Shouse and his law firm. It was one of the best decisions I've made in my life. Not only did he step up to assist me, he went the extra mile in every sense of the word. I found Neil to be honest, professional, and tireless in his efforts on my behalf.
Great staff, straight shooters and trustworthy! From my first meeting with Nancy who made me feel at ease, to Michael Becker's knowledge and experience all the way through court with Michael Castillo, I felt I was in the best hands Vegas has to offer!
- Devon, a Domestic Violence client
My experience has been very good so far and I was very pleased with the outcome of the case. I have already recommended the firm to others.
- Greg, a DUI client
I am forever in debt with gratitude with my Lawyer and the Criminal Defense Group because they helped during the time when I almost gave up hope but everything happens for a reason and my case turned out just the way he told me the first day I talk to my Lawyer. I just wish that all the people that will and had made some bad decisions in their life will be able to find the means to hire/use the services of Michael Becker or the Group where he belongs. God bless you sir and keep doing what your doing and I will see you again when I will have my case sealed.
- a Fraud client
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