Different Types of Controlled Substance Possession in Nevada

Owning or holding on to what Nevada considers as a controlled substance without proper prescription leads to a drug charge in Nevada. According to the Nevada Revised Statutes, a person who “knowingly or intentionally possesses a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician…” is guilty of certain punishments according to the type of controlled substance discovered. Read further for more information.

 

Types of substance possession

When arrested for possession of controlled substance, your drug chargeswill be classified into one of these certain nature of offenses:

 

1.  Actual possession of narcotics

This is the most common form of possession: when the substance is actually found on you, usually anywhere on your body, the clothes you are wearing, and the packs that you are carrying.

 

2.  Constructive possession of narcotics

This is when the controlled substance is found in a place that you own or have control over such as a house, a vehicle, and even rented storage areas.

 

3.  Joint possession of narcotics

It is joint possession of narcotics when two people share control of illegal drugs. Note that it does not matter whether you are using or not. The mere fact that you have knowledge that drugs are being stored by your friend on an area that you also own is an offense in Nevada.

 

Possession of drug charges

Like we said, penalties of a drug chargedepend largely on the Schedule of the drugs found on you.

 

Schedules I, II, III, IV

For a first and second offense on these schedules, a person will be imposed of category E felony in Nevada. One to four years in prison and a fine of not more than $5,000 are some of the punishment that category E felony entails. A third offense is a category D felony and apart from the fines that it entails, an additional $20,000 might be added.

 

Schedule V

Similar to the other Schedules, the first and second offense of this schedule is a category E felony while a third offense is also a category D felony but without added fines.

 

Marijuana

Anyone who is discovered of possessing one ounce or less or marijuana is guilty of misdemeanor for first and second offense. Gross misdemeanor for third offense and category E felony for fourth offense.

 

Possessing controlled substance is closely monitored and harshly penalized in Nevada as without doing so, a lot of people can long and ultimately be dependent on drugs. If faced with drug chargesin Nevada, know that you can fight for your freedom especially if the arrest was unlawful and the overall case is fabricated to suit a plaintiff’s accusations. Consult a drug defense lawyer today.

What Items are Considered as Drug Paraphernalia in Nevada?

Without drug paraphernalia, people cannot manufacture, transport, and use the substances themselves. This is the very reason why drug paraphernalia are also outlawed in Nevada.

 

According to Las Vegas and the State’s drug laws, if you are caught with kits and other equipment used to create drugs or to introduce drugs into the body, even with the absence of the drug itself, you can be penalized. Read further to learn the drug paraphernalia definitionand to know what is considered drug paraphernaliain Nevada.

 

Drug paraphernalia definition

An equipment, product, or material is considered as drug paraphernalia when they are used for planting, cultivating, harvesting, packaging, storing, ingesting, injecting, and inhaling drugs among others.

 

The Nevada Revised Statutes 453.554 provided a thorough list of what items can be considered as drug paraphernalia. Below are a few of the items mentioned.

  • Isomerization devices
  • Separation gins
  • Blenders
  • Bowls
  • Containers
  • Spoons
  • Capsules
  • Pipes
  • Bongs

 

Hypodermic syringes, needles, and other instruments used to dispense drugs through subcutaneous, intramuscular or intravenous is not included. This is because the Syringe Access Bill was enacted to help people buy syringes in case of emergency and be out of potential legal obligation.

 

For the full list, you can read the NRS Section here.

 

Despite this, the Nevada court will still look into other factors to see if anything discovered on your person or in your home can be treated as drug paraphernalia or if it is just a plain old item that happens to be within the place of arrest. The factors include:

  • Statements by the owner or anyone found in control of the item
  • Prior convictions
  • The proximity of the object to controlled substances
  • Residue of controlled substances found in the item
  • Other direct or circumstantial evidences

 

Penalties according to drug paraphernalia laws

Like we said, possessing drug paraphernalia even without the existence of drugs can mean an arrest and eventual conviction in Nevada. You will be sentenced with a misdemeanor charge if the items found in your possession are considered as drug paraphernalia which has up to six months in jail and fines of $1,000 as penalties.

 

To curb drugs, the State of Nevada is also vigilant against the tools that are used to administer them. If you are currently battling violation of drug paraphernalia lawsand you believe that the item confiscated from you is far from being one, let your voice be heard through the help of a criminal defense lawyer.

Boating Under the Influence: Homicide by Vessel

It is true that in lakes or open sea, there are not much of a traffic that can result to you boat-on-boat and/or boat-on-people crashes. However, when under the influence of alcohol or drugs, even without ships or people in close proximity, a deadly accident is highly possible. And these accidents can result to death, hence the coined term “homicide by vessel”. Now, what are its penalties? And how can the arrested person prove that he is not responsible for the fatality? Read this article by a Las Vegas DUI lawyer to answer your questions.

 

What is homicide by vessel?

Homicide by vessel is when a person “proximately causes the death of a person while operating or in actual physical control of a vessel under power or sail.” Take note that this is different from BUI causing death and injury. You will be charged with this offense if you had already committed at least three similar DUI on a boat in the past.

 

This offense is also made even likely when the navigator of the boat is under the influence. When you exceed the BAC (blood alcohol concentration) limit due to alcohol or drugs, your coordination gets impaired as well as your capacity to make sound decisions, rendering you truly unfit to drive a watercraft. Someone under the influence of drugs when boating has a high chance of making wrong turns or falling asleep and leaving the boat sailing on its own which could result to boat collision and, eventually, passenger harm.

 

As per the definition of homicide by vessel stated above, it can only be considered as so when you caused the death through an unintentional act. If you truly mean to crash the boat and have it ultimately capsize, it is murder.

 

What are the penalties of homicide by vessel?

When found guilty of homicide by vessel, the convicted will have to face a category A felony charge which consists of harsh penalties such as life imprisonment with possibility of parole after 10 years have been served. A prison term of 25 years is also an option which should also have the possibility of parole after 10 years of sentence. The Nevada boating license or boating certificate should not be suspended or revoked but its accuracy can be questioned if you have committed DUI on a boat. Homicide by vessel is a complex case and the penalties can vary depending on the weight of the boat accident.

 

What are the defenses against homicide by vessel?

Someone accused of homicide by vessel can challenge the charges through the following defenses:

  • The boat collision or whatever incident that caused the death was through events that you cannot control. For example, a storm or the deceased person instigating his or her own demise
  • The tests that were used on you were faulty or came with insufficient results
  • You were not intoxicated rather it is the speed or lost control of the boat that caused the death of a person
  • You were not the navigator or responsible of the control of the boat

 

A simple boat trip can be life-threatening when the person in helm of the vessel is intoxicated. Avoid conviction and the guilt of ending someone’s life by not drinking or taking drugs before navigating a boat. If it is too late, get the help of a Las Vegas DUI lawyer who is also knowledgeable about BUI.

When is Incarceration Guaranteed on a Nevada DUI Case?

In Nevada, many are fearful that once they are charged for DUI (Driving under the Influence) it means an automatic term behind bars. While DUI cases in Nevada do have penalties of jail and prison time, most of them only exist for and have a lengthy period of time when the DUI case is most severe. If you are facing only a misdemeanor case, you should not worry too much as your trusted DUI lawyer can still find a way to ensure that you do not enter any detention cells.

 

Nevada DUI Penalties

A Las Vegas DUI first offense within seven years is a misdemeanor in Nevada and usually has a jail time of two days (mandatory) to six months. Sometimes, there is no jail time at all. Judges consider factors such as the amount of blood alcohol concentration (BAC) found in the body, the manner of the defendant’s driving, and whether there are children present in the car to decide if a jail detention is needed. Know that jail terms are usually only spent on local police headquarters while a prison term means lengthy incarceration in larger confinements such as the Nevada State Prison.

 

A second DUI in Nevada within seven years is still a misdemeanor and has ten days to six months of jail time or, alternatively, a house arrest. This is to ensure that the defendant does not drive again for a certain period of time until they recover from or realize their errors.

 

Now, a third DUI offense in Nevada within seven years after the second offense is a category B felony and it entails one to six years of prison time.

 

Cases with Automatic Incarceration

For cases that involve grave injuries, destruction of property, and death, harsher nature of incarceration will be imposed. Injury or death caused by first time DUI is a category B felony in Nevada and is comprised of an automatic prison time in the Nevada State Prison for two to 20 years.

 

Vehicular homicide is a different situation. It will only be brought down when the defendant already have three DUI convictions on his or her belt. Prison term of up to 25 years on the grounds of category A felony is what is waiting a defendant proven guilty of this.

 

Jail time alone is a pretty daunting predicament for one to face—imagine how worse a prison term would be. To avoid any of this happening to you, make sure you fortify yourself with a DUI lawyer that knows how to reduce your charges as much as possible, or abolish them altogether.

How to Seal a Nevada DUI Record

Criminal records have an adverse effect on somebody’s private life and career. As long as a person has an active rap sheet, their chances of getting meaningful employment, a new home, or even the right to vote get slimmer the more severe your criminal charge is. For a more specific example, reinstating your driver’s license can be difficult or outright impossible if you have an active DUI conviction in the books.

In Las Vegas and other areas of Nevada, being convicted of DUI means having it on active record for seven years before it becomes sealed, at least for misdemeanor charges. For felony DUI convictions, the record could be stuck on you forever. To avoid such a legal fate with its underlying repercussions, the client must learn how to seal a Nevada DUI record.

  • DUI records, or any other criminal records for that matter, do not automatically disappear after the prescribed period. The person of interest and his/her attorney must initiate the process to officially sealing those records.
  • The individual must obtain a copy of their full criminal record from the Las Vegas Metropolitan Police Department files.
  • Petitions and statements requesting the sealing of these records must be made to the concerned parties.
  • All necessary documents must be submitted to the Las Vegas District Attorney’s Office for their consideration. Failure to include all important documents can result in a rejection and may require the individual to wait for a given period before trying again.
  • An answer to this application should come out after several months. if approved, the records are immediately sealed from viewing, except by certain legal entities like the FBI.

For people trying to move forward after a DUI conviction, sealing records is a vital step to take. Consult with a Las Vegas criminal attorney to learn how to do this more efficiently.

What Happens to Embezzled Property in Nevada

Embezzlement as defined by the Nevada Revised Statutes (NRS) is a type of theft crime where the thief steals money or properties of the company for their own good. Common examples are siphoning money from the cash register or surreptitiously taking goods from storage to be brought home later. There are also less prominent acts of embezzlement like deliberately defaulting on car rental dues.

Embezzlement comes with its prerequisite penalties for the convicted, including jail time and some severe fines. However, once and all is said done, one question reminds: What happens to embezzled property in Nevada?

  • First and foremost, the property is seized by law enforcement as evidence during the embezzlement hearing. It will remain in the possession of the courts until the legal proceedings are complete.
  • The owner of the embezzled property is notified through appropriate channels regarding the discovery of their possessions. They are also notified if the accused related to the case has been convicted, plans to prosecute fall through, and/or the case is dropped.
  • The embezzled property is delivered to the owner by a peace officer. Usually the transfer is facilitated by the payment of appropriate court fees to release these objects to the original owner.
  • Failure to claim the embezzled money or property within six months will mean the turnover to the county treasurer or sheriff of the metropolitan police where they will be put up for auction, be given to charity, or ultimately be destroyed if they are deemed illegal or harmful.

Embezzlement is a serious economic crime that has serious implications on both the convicted and the victim. Consult with a Las Vegas defense attorney if you wish to know more about this crime and how to avoid being accused of it.

Methods of Identity Theft in Nevada

Money and properties are not the only things that can be taken away from you; even your personal details can be exploited for further crimes that can go beyond your wildest expectations. Identity theft is prevalent in bustling societies where identity information is required to facilitate transactions. It is no surprise that Nevada has a serious theft crime problem, considering the transaction flow in the city.

Knowing what constitutes as identity theft is the first theft to protecting yourself against it; conversely, it can help you avoid making actions that can be construed as identity theft. Listed below are known methods of identity theft in Nevada:

  • Dumpster diving: scavenging any potential material for identification from trash bins, dumpsters, and other dumping spots. Anything from receipts to misplaced sensitive documents can be found through this method.
  • Phishing: unscrupulous individuals can illicitly obtain vital identity information from a person’s personal computer by means of illegal software posing as legitimate message attachments, which can automatically scan and send this information to the illicit parties once the program has been unknowingly activated.
  • Skimming: identity theft common with ATM cards, where unscrupulous individuals use special keyboards that can cover up the real keys, and have special keystroke recording capabilities that can ‘remember’ identity numbers and access codes.
  • Pre-Texting: illicit parties pose as representatives of either legitimate or fictitious organizations, claiming that their mark has won a sizable amount of money that they can only receive if they send their contact and bank information. The infamous ‘Nigerian Prince’ scam is a familiar example of this.
  • Actual Stealing: the hard and fast method of identity theft, which can range from basically pick-pocketing a person’s wallet to obtain credit card numbers and PINs, to breaking and entering into private properties to swipe away identity cards.

These are just some of the most prevalent identity theft methods that are prevalent in Nevada. If you are curious about other related crimes, it is advisable to consult a local criminal defense attorney for more information.