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July 27, 2020

How to Get Drug Possession Charges Dropped in Nevada

Handcuffs with drug paraphernalia

If you’re wondering how to get drug possession charges dropped in Henderson, it’s vital to explore all of your options. Despite its reputation as a party destination, drug crimes can bring severe punishments in the state of Nevada. If you want to get drug possession charges dropped, it’s important to know that there are several conditions under which this may happen. Learning about them can help you conduct the right defense to keep you or your loved one from facing unfair charges.

Are you in need of a drug possession lawyer in Henderson, NV?
Contact the John F. Marchiano Law Corp today

What Is a Drug Possession Charge?

In Henderson, Nevada, the possession of a controlled substance without a prescription is illegal. This extends to drug paraphernalia, including pipes, needles, vials, paper, balloons, and more. A person can be charged with drug possession in Henderson on three different grounds: actual, constructive, and joint possession. These are defined as follows:

  • Actual: You are in physical possession of drugs or drug paraphernalia.
  • Constructive: Though you do not physically possess drugs of drug paraphernalia, you are knowingly able to exercise control of them and intend to do so, either through yourself or another person.
  • Joint: You and at least one other person are in possession of a drug.

If you’ve been charged with drug possession, a Henderson drug possession lawyer can work to get your charges dropped. In the meantime, learn how to get drug possession charges dropped if you’re currently facing them.

Lack of Probable Cause

An officer must have a probable cause to stop and search a person for drugs. If an officer discovers drugs on your person without having had probable cause to do so, you may be able to get the charges reduced or dropped.

Failure to be Read Miranda Rights

Officers must read a suspect their Miranda Rights before questioning for their statements to be admissible in court. Contrary to what some believe, if a suspect divulges information without having been read their Miranda Rights that leads officers to discover drugs or drug paraphernalia in their possession, those “physical fruits” of the questioning will still likely be allowed as evidence in court. However, if a suspect was coerced into a confession without having been read their Miranda Rights, the court may suppress the statement, as well as the physical evidence.

Unlawful Search and Seizure

The Fourth Amendment protects you from illegal searches and seizures. Police must obtain a warrant before searching your person, vehicle, home, or other property without a probable cause. You may be able to have evidence that was the product of an illegal search or seizure suppressed, leading to the charges being dropped.

Constructive Possession

A person charged with constructive possession must be proven to acknowledge their possession of the drugs. If this evidence is lacking, charges based on constructive possession may also be dropped.

Proof of Drugs

If a person is arrested for drug possession, it must first be proven that the items confiscated are indeed drugs or drug paraphernalia. The prosecutor needs to prove that the drugs are in fact real drugs, tested in a lab, and verified by a lab expert in court. They must also prove that the person charged was actually in possession of them. If the prosecutor cannot do this, the charges may be dropped.

Good Samaritan Drug Overdose Act

SB 459, also known as the Good Samaritan Drug Overdose Act, states that any drug charges you face after calling in for medical assistance during your own overdose or someone else’s can be dropped.

Entrapment

Entrapment refers to the practice whereby police entice someone who had no intention of committing a crime to do so. A person who was entrapped by police and is now facing drug charges can likely get them dismissed.

Nevada Drug Court

Nevada Drug Court is a special court designed for low-level, first-time drug offenders that allows them to complete rehab or a drug class to avoid having a narcotics charge on their record. The process lasts a year while the case is suspended and the defendant is put on probation. The program requires regular check-is, random drug testing, participation in a drug awareness course or outpatient program for addicts, and a commitment to not use drugs. Upon successful completion, a graduate of the Nevada Drug Court has the case dismissed and it does not appear on their record.

Need to Get Your Drug Possession Charges Dropped?

Drug charges can bring severe penalties in Nevada, making it vital to explore every opportunity you have to see them dropped or reduced. If you’re a resident of Henderson, Nevada, and are wondering how to get drug possession charges dropped, a drug possession lawyer can work on your behalf. Contact Marchiano Law for assistance with a drug possession charge. We’ve been serving the Henderson community for more than 35 years and can guide you or your loved one through the process ahead.