Cocaine Laws Nevada
Cocaine is a schedule II narcotic that is illegal in all 50 states.
Cocaine is usually sold as a powder and snorted through the nose. Cocaine is derived from the coca plant native to South America.
Cocaine is a powerful and addictive stimulant.
Cocaine has many nicknames including blow, snow, and coke.
The other most common form of cocaine is crack.
Crack is a solid rock form of cocaine that can be smoked using a pipe.
Crack is usually much cheaper than powdered cocaine because it is usually cut with other chemicals.
Cocaine in all forms is illegal in Nevada.
Cocaine possession of any kind will be considered a felony no matter how small the quantity you have is.
If you have been arrested for any type of cocaine offense in Nevada you need to hire a lawyer immediately.
Call the Defenders today and let us review your case.
Cocaine is Illegal in Nevada
It is a felony in Nevada to possess (even for personal use), sell, manufacture, or traffic cocaine.
All cocaine offenses are initially charged as a felony based on the amount of cocaine in the person’s possession and if they have ever had a previous drug conviction.
Nevada even makes it illegal to be under the influence of cocaine even if the drug is no longer in your possession.
This is often hard to prove but it is still a crime punishable by jail time and a fine if convicted.
Nevada breaks down the degree of charges based on the amounts of cocaine someone’s possession as follows.
First or Second offense involving less than 14 grams with possession for personal use- This is a category E felony-A category E felony is the least serious felony in Nevada and punishable by up to 1 to 4 years in prison and up to a $5000 fine. In this case the court may agree to a plea bargain or even suspend the sentence if the defendant agrees to an alternative program including drug rehab.
Category D felony– Possession with the intent to sell and involves 14 grams but not more than 28 grams of cocaine-This is punishable by 1-4 years in prison and up to a $5000 fine. All sentences are at the court’s discretion. Only a good defense team can get you the least possible sentence called The Defenders today.
Category C Felony- Selling, transporting, trading , dispensing, and manufacturing cocaine with 28 grams or more of cocaine. The sentence is 1-5 years in prison and up to a $10,000 fine. This is selling cocaine for profit and not for personal use.
Trafficking – trafficking in Nevada is still considered a category C felony but with a much stiffer sentence.
Trafficking involves more than 400 grams of cocaine. The sentence for trafficking cocaine in Nevada is sevre with up to 20 years in prison and up to a $100,000 fine.
What Are The Defenses of Cocaine Possession Charges
Don’t ever rely on a public defender if you can avoid it.
They are overloaded with cases and are likely to just take the first option offered to you by the court.
This is not always the best case scenario.
We at The Defenders will go to court with you and defend your case if that is the best option to get you the best results.
There are a few defenses that are common in cocaine related offenses.
- The defendant was unaware the cocaine was there-as we all know if you have ever watched cops everyone says “its not mine” ‘ I didn’t know it was there’ ‘ well there are a few circumstances where that is an actual defense. For example if you share an apartment with a roommate and the police find cocaine in your roommate’s bedroom there is no assumption that you should have known it was there.
- The police entrapped the defendant- this is hard to prove but it is an actual defense. For example if you are outside a bar causing cocaine ( still illegal) and an undercover police officer approaches and asks to buy some cocaine from you and you say I don’t sell. You have not committed another crime. If the same undercover officer threatens you into selling them cocaine that is entrapment. Entrapment is when the police trick or lure someone into committing a crime when they have no intentions of doing so. This is illegal and can lead to a dismissal of drug charges if you can prove this was the case. Only an experienced defense team like The Defenders can investigate an extrappment charge. Call The Defenders today for a case review.
- The police search and seizure was illegal- this happens all the time by overzealous police officers. This is when the police either don’t have a search warrant at all or have a search warrant for a specific area and think there is something in another area they don’t have a warrant for. For example if the police have a warrant to search your apartment and find nothing but an officer decides to search a separate office and find cocaine that could be considered illegal search and seizure since the search warrant was for the apartment and not the office. The Defenders can help hold the police accountable for illegal search and seizure and this can make your case for a dismissal or a plea for a reduced sentence for cocaine possession charges in Nevada.
Can I Plea Bargain
This is always the name of the game for most defendants.
With the exception of some severe crimes , most of the time the court is looking to plea out cases and not waste the court’s time and taxpayers money.
For example if it’s your first offense for simple cocaine possession instead of jail the court may impose a diversion program like drug rehab or court appointed drug programs.
In some cases the case may be dismissed if all programs are successfully completed.
This usually only is available to first time offenders.
A good legal defense team can get your sentence either reduced with a plea bargain or a diversion program.
If you think you have a good case for dismissal you can always choose to go to trial.
If a defendant wishes they can choose to go to trial.
There are two ways to do this, either a bench trial (the verdict is decided by a judge only), a jury trial (the verdict is decided by a jury picked by the prosecutor and defense team).
Having an experienced attorney like The Defenders on your side in a courtroom can make all the difference if arrested for cocaine possession in Nevada.
Why The Defenders in Nevada
The Defenders have years of experience defending cocaine or other drug charges in Nevada.
The Defenders will give you an honest opinion and fight for you to help reduce any punishment.
We know Nevada law and can offer plea agreements and diversion programs to avoid jail time.
We can get your sentence reduced and less fines imposed.
We fight for our clients and make them our priority.
We don’t judge our clients and take all cases seriously.
So don’t rely on an overworked public defender that might not meet you before you first court appearance.
Call Nevadas #1 cocaine defense team today.
If you have been arrested for cocaine or any other drug charge in Nevada call The Defenders today.