What are the defenses to OxyContin or Vicodin charges in Nevada?

The most effective defense strategies depend on the circumstances of the case. Typical defenses are: 1) The defendant did not know the drugs were there; 2) The police entrapped the defendant; and/or 3) The police executed an illegal search and seizure.

Can OxyContin or Vicodin charges get reduced or dismissed in Nevada?

Nevada prosecutors may be willing to lessen or drop drug charges to avoid going to trial. First-time drug defendants with minimal criminal history are more likely to receive favorable plea deals. Many first-time defendants accused of simple possession get the opportunity to avoid jail by completing Drug Court . This is an intensive rehabilitation program. Upon successful completion, the D.A. will dismiss the case entirely. Alternatively, the D.A. may lessen a felony drug charge to a misdemeanor under NRS 454.351. The maximum penalties include 6 months in jail and/or $1,000 in fines.

Can an OxyContin or Vicodin case be sealed in Nevada?

Yes. The waiting period to seal a Nevada conviction depends on the category of crime the defendant was convicted of. Category E felony convictions may be sealed 2 years after the case ends. Category D, C, or B convictions can be sealed 5 years after the case ends. And category A convictions can be sealed 10 years after the case ends. Dismissed drug charges may be sealed right away.

Are there immigration consequences to OxyContin or Vicodin charges?

Yes, drug crimes are deportable. In fact, merely admitting to being addicted or dealing drugs makes aliens vulnerable to deportation. Consequently, non-citizens facing drug charges should retain a skilled immigration and criminal defense attorney without delay.

"Oxycontin" & "Vicodin" Drug Laws and Penalties in Nevada

Q: What are the penalties for OxyContin or Vicodin crimes?

It depends on which Nevada drug offense the defendant was convicted of. For example, a first-time possession for personal use is a category E felony, usually carrying probation. A first-time conviction of possession with intent to sell is a category D felony, carrying 1 to 4 years in prison and up to $5,000 (at the court's discretion). A first-time conviction of selling is a category B felony, carrying 1 to 6 years in prison and up to $20,000.

Prescription painkillers OxyContin (oxycodone) and Vicodin (hydrocodone) are schedule II controlled substances. Any unlawful use, possession, sale or trafficking of these drugs in Nevada is a felony, but criminal charges can possibly be plea-bargained down to a misdemeanor or dismissal.

Here are four key things to know:

Most first-time possession charges can be dropped completely if you complete probation.
However, non-citizens caught with OxyContin or Vicodin without a prescription face deportation.
A common defense to criminal charges is that you did not know the drugs were there.
Another common defense is that the police committed misconduct, such as entrapment or an illegal search.

Below our Las Vegas criminal defense lawyers answer frequently-asked-questions about OxyContin and Vicodin crimes in Nevada.

1. What are the penalties for OxyContin or Vicodin crimes?

The more serious the charge, the more extensive the prison term and fine.

OxyContin or Vicodin crime	Nevada penalties for a 1st-time conviction
Possession for personal use (NRS 453.336)	Category E felony (for less than 14 grams): Your case will likely be dismissed if you complete certain court ordered terms.
Possession for sale (NRS 453.337)	Category D felony: 1 to 4 years in prison (or probation) and up to $5,000
Selling, giving away, or transporting (NRS 453.321)	Category C felony: 1 to 5 years in prison (or probation) and up to $10,000
Trafficking (NRS 453.3385)	Category B felony (for 100 to less than 400 grams): 2 to 20 years in prison and up to $100,000
Being under the influence (NRS 453.411)	Misdemeanor: Up to 6 months in jail and/or $1,000¹

2. What are the defenses?

Three common arguments to fight OxyContin or Vicodin charges are:

You had no knowledge that the drugs were there.² Maybe someone planted the drugs in the defendant’s residence or vehicle. Or perhaps the defendant’s roommate possessed the drugs without telling the defendant. If the prosecutor cannot show the defendant was aware of the drugs, the case should be dropped.
The police entrapped you. Law enforcement is allowed to go undercover, conduct stings, and lie to suspects. But they cross the line if they threaten or otherwise force suspects into breaking a law they were not predisposed to break. Defendants who were deceived by police may be able to raise the entrapment defense and get the charge dismissed.³
The police committed an unconstitutional search and seizure. Police are required to conduct their searches within the bounds of the Fourth Amendment. If the police overstep their bounds, defendants may ask the judge to suppress any illegally-obtained evidence. If the court grants the “motion to suppress,” the D.A. may be unable to prove guilt beyond a reasonable doubt.

3. Can the record be sealed?

Usually yes, but there may be a wait.⁴

Nevada OxyContin or Vicodin conviction	Record seal waiting period
Misdemeanor	1 year after the case closes
Category E felony	2 years after the case closes
Category D felony Category C felony Category B felony	5 years after the case closes
Category A felony	10 years after the case closes
Dismissal (no conviction)	Right away (no wait)

Learn about how to petition for a Nevada criminal record seal.

4. Are there immigration consequences?

Non-citizens convicted of any drug crime related to OxyContin or Vicodin face deportation.⁵ Immigrants should hire an experienced attorney as soon as possible to try to get the charges dismissed.

OxyContin is known as “hillbilly” heroin, especially when snorted or injected.

5. Related offenses

See our articles on:

Also see our article on DUI of Vicodin in Nevada. Learn more about Nevada drug crimes.

In California? See our article on California Vicodin laws.

In Colorado? See our article on Colorado Vicodin laws and Colorado OxyContin laws.

Legal References:

NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
Sanders v. State, 110 Nev. 434, 874 P.2d 1239 (1994).
Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
NRS 179.255; NRS 179.245.
8 U.S.C. 1227(a)(2)(B).

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