Drug Crimes

In Reno, understanding your rights during a drug search is crucial and can significantly impact the outcome of the encounter. Knowing how Nevada laws apply specifically to residents and visitors in Reno, and recognizing the appropriate steps to take if subjected to a search, empowers individuals with legal protection. Armed with this knowledge, you can navigate potential encounters with law enforcement with confidence and a clear understanding of your legal standing.

What Are Your Rights During a Drug Search in Reno?

Reno residents enjoy protection against unlawful searches and seizures under the Fourth Amendment of the U.S. Constitution. This typically requires law enforcement to obtain a warrant before conducting a search. However, exceptions exist, such as when illegal items are visible or when consent to the search is given. It is vital to understand these nuances, as providing consent waives your right to later dispute the search's scope and basis.

Nevada laws offer additional protections by requiring police officers to have probable cause for searching property without a warrant. Probable cause is based on concrete evidence or observable circumstances suggesting illegal activity, not merely suspicion. Recognizing this requirement can significantly enhance your ability to question and potentially challenge unwarranted search attempts.

In Reno, local law enforcement practices may vary. Officers might approach search situations differently depending on municipal training or prevalent crime statistics. Staying informed about these local practices provides an advantage, especially if a search's legality comes into question. Understanding Reno's approach ensures better preparedness in such circumstances.

How Reno's Unique Legal Landscape Affects Your Search Rights

Reno's legal landscape offers unique factors affecting your rights during drug searches. Being near the California border adds cross-state complexities that influence how searches are performed or contested. Collaborations across state lines affect jurisdiction, making understanding local jurisdictional nuances critical to protecting your rights.

The city’s transient population, including university students and tourists, shapes law enforcement's focus and execution of drug searches. Officers may have directives shaped by these demographic factors, which can impact assumptions during searches. Being aware of these local enforcement tendencies allows for better preparation and response should a search occur.

Local legal precedents also play a central role in shaping search rights. Knowledge of past court decisions in Reno can help predict outcomes in similar situations, providing insight into how courts are likely to view and uphold your rights during legal proceedings related to drug searches.

Handling a Car Stop & Possible Drug Search

When stopped in a vehicle, Reno residents need to remain composed and fully aware of their rights. Nevada law allows law enforcement to stop vehicles with probable cause—often involving traffic violations leading to further drug-related investigations. Understanding your rights during these stops is crucial. Officers may ask for your consent to search the vehicle, but you are not obligated to consent unless a warrant is present or probable cause supports the search.

During a car search, it's essential to clarify permissions. Always ask if you're free to go; if not, inquire about the reasons for the detention. If consent is requested, you're entitled to refuse, which doesn’t imply guilt and doesn’t allow searches solely due to refusal. Protecting these rights is essential for future legal challenges.

Documenting the encounter can prove invaluable. Record officers’ names, badge numbers, and any statements made. This information can be crucial for recounting details should you need to address the incident legally, either by filing complaints or constructing a defense. Having a thorough account strengthens your position and aids legal processes.

Navigating Drug Searches in Reno’s Schools

If involved in a drug search at a Reno school, understanding that schools operate under specific policies is crucial. While students’ rights are upheld, school officials possess certain liberties under the doctrine of "in loco parentis" to conduct searches with less stringent probable cause. Knowing these rights and the school's policies guides appropriate responses during school-related search encounters.

School Resource Officers (SROs) and administrators must comply with established procedures. When an SRO is involved, they adhere to law enforcement standards, including probable cause, resembling traditional police searches. Students can ask why a search is being conducted and request that a parent or legal guardian or an attorney be present during questioning.

Parents and students should be well-versed in these procedures and ready for possible scenarios. Awareness ensures protection against unwarranted searches and potential disciplinary actions, encouraging adherence to legal standards and safeguarding educational and legal rights.

Taking Action Against Unlawful Searches

If you suspect a search conducted was unlawful, immediate documentation is pivotal. Record every detail, including officers involved, exchanges, and items searched. This evidence forms the basis should you challenge the search’s legality in court. Thorough documentation reinforces your stance, especially if procedural errors occurred during the search.

Consulting a local attorney knowledgeable in Nevada’s drug search laws can be invaluable. An attorney evaluates the search's legality and advises on available legal remedies, such as filing motions to suppress unlawfully obtained evidence. Crucially, leveraging an attorney’s understanding of local laws and precedents optimizes outcomes.

Legal recourse may involve filing a formal complaint or pursuing a civil rights lawsuit if egregious rights violations occurred. These steps, executed under professional legal guidance, protect legal standing and correct injustices experienced during any unlawful search process.

The Importance of a Reno-Based Attorney in Drug Search Cases

Selecting a Reno-based attorney critically affects drug search case handling. These attorneys possess profound insights into local practices and judicial specificities that outsiders lack. Familiarity with regional law enforcement patterns, court protocols, and prosecutorial approaches enables targeted defenses often missed by out-of-town lawyers.

Additionally, a Reno attorney's established relationships within the local legal framework facilitate more effective negotiation for settlements or plea agreements. Their reputation, cultivated through frequent interactions with judges and prosecutors, becomes a valuable asset in negotiating terms that reflect the local judicial temperament.

Moreover, Law Offices of Kenneth A. Stover’s team provides valuable perspectives gained from previous prosecutorial roles, enhancing client advocacy. This understanding of both sides of legal processes enables anticipation of prosecutorial case structures, effectively enhancing defense strategies. Such dual insights can be decisive in securing favorable legal outcomes.

If you face legal challenges related to drug searches, knowing your rights and informed action is essential. The team at Law Offices of Kenneth A. Stover provides strategic legal guidance and support. Call (775) 502-1575">(775) 502-1575 today to discuss your situation with a knowledgeable Reno attorney.

As a resident of Nevada, it is essential to be aware of your rights when it comes to unlawful search and seizure in drug possession cases. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement officers. This means that if the police conduct an unlawful search and seizure, any evidence obtained may be deemed inadmissible in court. In this blog, we will discuss the key aspects of challenging unlawful search and seizure in Nevada drug possession cases, and how to protect your rights.

Understanding the Fourth Amendment

The Fourth Amendment of the United States Constitution states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This amendment serves as a safeguard against arbitrary and invasive actions by the government.

When Does a Search and Seizure Become Unlawful?

There are specific circumstances under which a search and seizure may be deemed unlawful. Some of these situations include:

• When law enforcement officers conduct a search without a valid warrant
• When the search goes beyond the scope of the warrant
• When the police lack probable cause to conduct a search
• When the police use excessive force or other illegal means to obtain evidence

It is crucial to note that not all searches and seizures require a warrant. For example, if the police have probable cause to believe that a crime is being committed, they may conduct a search without a warrant. However, if the search is conducted without a warrant and without probable cause, it may be deemed unlawful.

Challenging Unlawful Search and Seizure in Nevada Drug Possession Cases

If you believe that your rights have been violated through an unlawful search and seizure, it is essential to take the following steps:

1. Document the incident: Gather as much information as possible about the search and seizure, including the names of the officers involved, the date and time of the incident, and any witnesses who may have been present.
2. Consult with an experienced criminal defense attorney: An attorney who specializes in criminal defense and has experience with drug possession cases in Nevada will be able to evaluate your case and determine if your rights have been violated.
3. File a motion to suppress evidence: If your attorney determines that your rights have been violated through an unlawful search and seizure, they may file a motion to suppress the evidence obtained during the search. If the motion is granted, the evidence may be deemed inadmissible in court, which could lead to the dismissal of the charges against you.

If you are facing drug possession charges in Nevada and believe that your rights have been violated through an unlawful search and seizure, it is crucial to seek legal representation as soon as possible. At the Law Offices of Kenneth A. Stover, we have over 25 years of experience in handling criminal defense cases, including those involving drug possession charges and unlawful search and seizure. We will work tirelessly to protect your rights and ensure that you receive the best possible outcome in your case. Contact us today to schedule a consultation and discuss your legal options.

Across the nation, we are seeing the rise of “sober bars.” These places serve a variety of drinks. They feature special coffee concoctions, but they also have kava and kratom teas on tap.

For the moment, all of these drinks are legal, and as far as we know, they are non-addictive. However, they are both mood and mind altering. Kava has a sedative effect on most consumers, and many forms of kratom do the opposite, resulting in deep focus and bursts of energy.

Some believe that these substances can impair your driving, and tests appear to back up this claim. Whether or not a substance is legal, if it influences your driving behavior, you could be arrested for driving under the influence. Typically, the cops would file this arrest as being under the influence of drugs, sometimes called a “DUID.”

Here are some methods the police can use to arrest you with a DUID, even if you haven’t consumed an illegal narcotic.

Police Rely on Their Intuition

Police have many methods to arrest someone with a DUI. They have breathalyzers that can approximately guess how much alcohol someone has consumed, and blood tests are even more accurate.

When it comes to driving under the influence of drugs, police have much less evidence at their disposal. No breath tests will reveal whether someone is on pills or cocaine, and blood tests aren’t much more reliable. Testing does not cover the vast spectrum of drugs someone could consume. Even positive results are unreliable. Only trace amounts can appear, meaning a driver could be sober and still arrested with a DUID.

Because of this lack of evidence, police are allowed to use their gut instincts in a DUID arrest. They can simply look at someone’s eyes or judge their behavior, assume that person is high, and accuse them.

Police Rely on Your Words

The right to remain silent allows people to avoid confessing to a crime. It’s also helpful for the innocent. When the police want to secure an arrest, they can use any piece of evidence, no matter how minor, against you. In fact, the Miranda warning clearly states that they will.

It’s easy to misspeak and use just the wrong combination of words that will get you in trouble. That’s why you should not answer any questions when you’ve been pulled over. It may be necessary to divulge your name, address, and other basic information. You have no obligation to tell them anything else.

Police can connect your driving behavior to any outside substance. If you tell them that you came from a sober bar where you drank three cups of kava, they can assume that you are under the influence and arrest you.

On the other hand, if you stay silent, they could only accuse you of breaking traffic laws. This could result in anything from a speeding ticket to a reckless driving charge. Reckless driving is a serious accusation, and you should fight it in court. However, it still isn’t as bad as a DUI or a DUID.

Law Offices of Kenneth A. Stover is here for people accused of driving under the influence. If you need help with a DUI or a DUID charge, contact us online for a free consultation. You can also call us directly at (775) 502-1575.

What Is Money Laundering?

When money is gained through illegal means, that money is, itself, illegal. People involved in criminal enterprises must find a way to make the money appear legitimate. It needs to be “cleaned.”

This is where money laundering comes in. Normally, illegal money is pumped through a business. That business’s bookkeepers make it look like the business is profitable. This profit is just the money someone gained through criminal activity.

Sometimes, people launder money through several bank accounts. They continue to route the money to different destinations. After some time, it becomes difficult to trace the money’s source. When it finally lands in someone’s bank account, it appears legitimate.

Money Laundering Penalties in Nevada

The state takes laundering very seriously. A guilty conviction could lead to up to 20 years in prison. Fines are steep, too. A suspect could pay $500,000 or twice the amount of the laundered money, whichever is greater.

Defenses Against Money Laundering Allegations

Laundering usually takes place through a third party. The criminal organization uses a lawyer, banker, or other professional to handle their cash.

If you’ve been accused of money laundering, consider some of the options below. Then discuss them with your attorney, deciding together which will work best for your case.

You Were Unaware

It’s easy for shady characters to control and manipulate others. Some criminals openly hire another person to launder their money, but others are secretive about their intentions.

You could easily take on a new client and help them with their money, having no idea you are involved in a criminal scheme. It’s embarrassing to admit you were duped, but this defense could also keep you free from facing felony charges.

You Acted Under Duress

As easy as it is to commit a crime by accident, it’s just as easy to do so when threatened. Criminal organizations don’t care about the people they use, and when necessary, they will put pressure on someone.

You may have been completely aware that you were breaking the law, but you were only doing so because you or your family had been threatened with harm or death. This is called “operating under duress,” and it is a justifiable defense in court.

Your Actions Were Not Concealed

When it comes to a crime, the law is specific. Prosecutors must prove every part of a crime to secure a successful conviction.

Concealment is a crucial part of a money laundering charge. It’s not enough to simply move the money. The suspect must take steps to keep their actions a secret.

If you were openly moving illegal money around, you technically didn’t commit a laundering crime. Small details like these can help someone remain innocent and free.

The Money’s Source Was Not Illegal

Just because the money came from a known criminal, that doesn’t mean it came from an illegal source. Remember, money laundering involves money that came from drug sales, prostitution, thievery, or any other illegal means.

If you can trace the allegedly laundered money to a reputable source, you may be able to escape a conviction.

Our firm can help you fight money laundering charges. For a free consultation, reach out to us today by calling (775) 502-1575 or filling out our online contact form.

Last month, we discussed some effective defenses you can use against a drug possession charge.

Now we want to explain why it’s important to have a good defense. Nevada takes drug crimes quite seriously. There are many different types of possession allegations, each having stiff penalties.

In this article, we will take a broad look at Nevada’s charges and punishments for drug possession.

Drug Schedules

Any chemical the government oversees is considered a “controlled substance.” It doesn’t matter if it’s a mostly harmless prescription or a deadly street drug.

The government considers some of these chemicals to be more severe than others. In that spirit, it created drug schedules. These schedules come in five categories. The least serious drug offenses lie in Schedule V, which includes medicines like Robitussin. The most severe are Schedule I drugs, which include heroin and ecstasy.

The more times you are accused of possession, the higher the penalties become. Also, the amount of drugs impacts the punishments you could face.

Here is a short breakdown of Nevada’s drug penalties in relation to the drug’s schedule:

• Schedule I and II Drugs, less than 14 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or more
    • Category D felony; prison from 1 to 4 years; fines up to $2,500
• Schedule III, IV, and V Drugs, less than 28 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or More
    • Category D felony; prison from 1 to 4 years; fines up to $2,500

• Schedule I and II Drugs, more than 14 grams/less than 28:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000
• Schedule III, IV, and V Drugs, more than 28 grams/less than 200:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000

• Schedule I and II Drugs, more than 28 grams/less than 42:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000
• Schedule III, IV, and V Drugs, more than 200 grams:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000

• Schedule I and II Drugs, more than 42 grams/less than 100:
  • Category B felony; prison from 2 to 15 years; fines up to $50,000

Drug Trafficking

Trafficking is an even more severe crime than possession. It assumes that someone doesn’t simply have drugs. They are, instead, intending to sell and distribute those drugs on a mass scale. Generally, traffickers face much higher penalties than possessors. This is the government’s attempt to stop the drug problem at its core. This crime is sometimes called “possession with intent to sell.”

Nevada’s drug trafficking penalties:

• Schedule I and II Drugs:
  • First Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Second Offense
    • Category C felony; prison from 1 to 5 years; fines up to $10,000
  • Three Offenses or More
    • Class B felony; prison from 3 to 15 years; fines up to $20,000
• Schedule III, IV, and V Drugs:
  • First Offense and Second Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Three Offenses or More
    • Category C felony; prison or probation from 1 to 5 years; fines up to $10,000

Trafficking is a tricky crime. It depends solely on the amount you allegedly possess. Regardless of your actual intent, the police will assume that you are in the drug business and try to hit you with the highest penalties they can. If you’ve been accused of trafficking, you must secure a good attorney right away.

Our firm is here to help defend you against drug possession and trafficking accusations. Set up a free consultation with us today by calling (775) 502-1575 or contacting us online.

If you’ve been accused of drug possession, don’t panic. It’s easy to assume that there is no escape from this accusation. The authorities would have you believe that they found you with an illicit substance, and there’s no way you can win your case.

This simply isn’t true. Drug possession isn’t a cut-and-dry accusation. It’s often based on assumption. Remember, guilty verdicts are based on a lack of “reasonable doubt.” Your attorney can poke holes in the prosecution’s assumptions, thus creating that doubt in your case.

If you’ve been accused of drug possession, here are some helpful, effective defenses you can use in court.

1. Unwitting Possession

Intent is a large part of any effective criminal prosecution. Your accused must prove that you had drugs on you, and you were aware of what you were doing.

Perhaps you were carrying a narcotic, and you were completely unaware that you were doing so. Maybe you borrowed someone else’s jacket or car. The cops searched your pockets or glove box, and they found drugs you didn’t know where there.

If you didn’t know that you had drugs in your possession, you can plead “unwitting possession,” meaning the drugs were not yours, and you shouldn’t be penalized for carrying them.

2. Lack of Possession

An effective possession accusation must prove that someone had the drugs in the first place. It’s easy for police to assume you are the owner, or possessor, of an illegal item. Imagine you are at someone’s home, and the police come in to raid the place. They find bricks of heroin and assume you work with that person.

In a situation like this, you can argue a lack of possession. This means that, even if drugs were in your direct vicinity, they did not belong to you.

3. Operating Under Duress

It’s no secret that the drug world is full of dangerous people. Often, they intimidate others into doing their work for them, attempting to keep the police off their trail.

Coercion, or operating under duress, is an effective defense against drug possession. If someone threatens you or your family, forcing you to carry out illegal acts, you can explain your situation in court.

4. Accusing the Police of Improper Tactics

There are several mistakes officers can make in an arrest, and many of them can help your defense. For instance, police are often guilty of breaking the “plain view” rule. When officers have a warrant, they are restricted to certain places. If they see any other illegal activity in that area, they can make an arrest. Therefore, when police enter the home of an armed robber and see drugs in “plain view” on the table, they can add possession charges to their case.

The cops cannot, however, go roaming beyond the bounds of their warrant. If they have permission to enter the living room, they shouldn’t wander off to the bathroom. Anything they find in there should not be admissible in court.

Other examples of improper tactics include forcing a confession, illegal surveillance, searching private items such as cellphones without permission, entrapment, and more. Make sure to tell your attorney every detail of your arrest. If they spot evidence of the police doing something illegal, they can use this to help get your case thrown out.

Our firm is ready to help defend you against a drug possession allegation. For a free consultation, fill out our online contact form, or call us at (775) 502-1575.

The use of kava tea is becoming increasingly popular across the nation. In Reno, it’s easy to find a kava spot to sit and relax. Kava is a sedative tea, and it is often served in a bar setting. People sometimes refer to these spots as “sober bars,” but that label isn’t quite accurate. Kava has a numbing effect on both the mind and the body.

Thus far, the law has mostly stayed away from regulating or outlawing kava, but drinking kava and driving could have serious consequences. It may slow down your reaction times, creating a hazard on the road. Furthermore, it could have legal consequences.

We don’t encourage you to drink kava and drive, but doing so is still technically legal. Even so, police could use kava to arrest you for a DUID (driving under the influence of drugs) charge.

Here are some important facts about the legality of drinking kava and driving.

There Is Currently No Testing for Kava

There are ways to test for kava in the system. Currently, however, authorities have not included those tests in DUID arrests. Blood tests for narcotics can generally show traces of cocaine, heroin, meth, and so forth.

Therefore, if you are accused of driving under the influence of kava, there will be no conclusive proof of the accusation. This will be helpful in your case, as the evidence could boil down to your word vs. the police’s.

Not All Illegal Drugs Show Up in Testing

The conclusion above will help your case, but it may not completely protect you. Many drugs don’t show up in testing, but if the police believe your driving was impaired, you could still be charged and convicted of a DUID.

Using perfectly legal prescription drugs, for instance, could still result in a DUID arrest. If anything impairs your driving, the results could be the same. Police could, theoretically, charge someone with a DUID if they had too much coffee and drove erratically.

Getting Pulled Over After You’ve Had Kava

Since drug testing doesn’t reveal all possible drugs, police rely heavily on their judgement in a DUID arrest. They keep a close eye on a driver’s behavior, dilated pupils, and so forth.

If you’ve had any kava, even just a sip, and you get pulled over, remain silent. You may need to answer some basic questions like your name and address, but beyond that, you have no obligation to tell the police anything. Don’t answer questions about where you’ve been or where you’re going. Don’t fall for questions like, “What are you on right now?”

Don’t give the police any reason to believe your driving was impaired. Even if you’ve got an open cup of kava in the cupholder, don’t answer any questions about it.

If your driving was erratic, the police may be able to charge you with reckless driving. This is a heavy charge, and it requires a legal defense. It is not, however, as bad as a DUI or a DUID.

If you’ve been charged with a DUI or a DUID, call our firm at (775) 502-1575 right away. We can act fast, and we may be able to prepare a defense for you. You can also use our online contact form.

Being arrested for possession of drugs can lead to uncertainty and worry because of how complicated the laws regarding drugs are. There are many factors that law enforcement will consider when deciding what to charge someone with, such as what type of drug they had, how much of it they possessed, and where it was found. Possessing controlled substances can lead to a felony charge. Felony convictions are life changing, but many people have been able to avoid them with a strong legal team and good defense.

What Is a Controlled Substance?

The state of Nevada has 5 groups of controlled substances which are organized based on how likely the drug is to be abused. These groups are referred to as “schedules,” and they are determined by the Nevada State Board of Pharmacy. Examples of drug schedules and which drugs they contain are as follows:

• Schedule 1: Schedule 1 drugs are drugs with the most potential to be abused. These drugs do not currently have an accepted medical use. They are considered to be highly addictive. Cocaine, methamphetamine, DMT, and LSD are examples of Schedule 1 drugs in Nevada.
• Schedule 2: Schedule 2 drugs still have a high potential for abuse, but some of them have accepted medical uses. These drugs are also very addictive, both psychologically and physically. Some examples of Schedule 2 drugs are Oxycodone, Demerol, Morphine, and Vyvanse.
• Schedule 3: Schedule 3 drugs are still abused, but at a lesser degree when compared to Schedules 1 and 2. They are considered to have a moderate chance of physical addiction, but a higher chance of psychological addiction. These are drugs that could be prescribed by a doctor, such as ketamine.
• Schedule 4: Schedule 4 drugs are commonly used in medical settings and have a generally low chance of being abused. These are drugs that are prescribed by healthcare providers on a common basis, such as Tramadol and Xanax. If someone does abuse a Schedule 4 drug, their chances of addiction are lesser than if they abused a Schedule 3 drug.
• Schedule 5: Schedule 5 drugs are also commonly used by healthcare providers, and some of them can even be purchased over the counter. These drugs have a limited chance of causing addiction. An example of a schedule 5 drug would be cough medicine with a small amount of codeine in it.

Penalties for Possession of a Controlled Substance

Possession of a controlled substance is a crime that is committed when someone is in possession or constructive possession of a controlled substance. This crime only applies to people who do not have legitimate prescriptions for the medication they are caught with. Possession of a controlled substance will lead to a felony charge, but the specific felony a person is charged with depends on factors such as whether they have prior drug convictions, how much of the drug they had, and more.

Possession of a Schedule 1 or 2 Substance

The penalties for possessing a Schedule 1 or 2 substance are as follows:

• Less than 14 grams: Anyone convicted of possessing less than 14 grams of a Schedule 1 or 2 substance will be charged with a Category E felony. They will receive a prison sentence between 1 and 4 years long as well as a fine up to $5,000.
• Between 14 and 28 grams: Anyone convicted with more than 14 but less than 28 grams of a Schedule 1 or 2 substance will be charged with a Category C felony. They will receive a sentence of a prison sentence between 1 and 10 years long as well as a fine up to $10,000.
• Between 28 and 42 grams: Anyone convicted of possessing more than 28 but less than 42 grams of a Schedule 1 or 2 substance will be charged with a Category B felony. The prison time associated with this crime is the same as the Category C charge, but the fine can be as much as $50,000.
• Between 42 and 100 grams: Possessing more than 42 but less than 100 grams of a Schedule 1 or 2 substance is considered high-level possession, and the penalties are severe. The prison sentence associated with this crime is at least 2 years long but cannot be more than 15 years long.

Note that penalties are enhanced for further convictions for less than 14 grams of a Schedule 1 or 2 controlled substance. Anyone convicted for a third time will be charged with a Category D felony. The enhanced penalties include a larger potential fine of up to $20,000.

Possession of a Schedule 3, 4, or 5 Substance

The penalties for possessing a Schedule 3, 4, or 5 substance are as follows:

• Less than 28 grams: Possessing less than 28 grams of a Schedule 3, 4, or 5 substance is a Category E felony. The potential penalties include a prison sentence between 1 and 4 years long as well as a fine of up to $5,000.
• Between 28 and 200 grams: Possessing more than 28 but less than 200 grams of a Schedule 3, 4, or 5 substance is a Category C felony. The potential penalties include a prison sentence between 1 and 5 years long as well as a fine not to exceed $10,000.
• More than 200 grams: Possessing more than 200 grams of a Schedule 3, 4, or 5 substance is a Category B felony. The potential penalties include a prison sentence between 1 and 10 years as well as a fine of up to $50,000.

There are enhanced penalties for anyone convicted for possession of less than 28 grams of a Schedule 3, 4, or 5 substances for a third time. The crime becomes a Category D felony.

Actual vs. Constructive Possession

Many people think of possession as having illegal drugs on hand at the time of an arrest. However, there are different forms of possession a person can be charged with. When someone has physical control over a substance or has it on their person, they can be charged with “actual possession.” On the other hand, a person who is not in actual possession of a substance but knows how to obtain it at any given time could be considered in “constructive possession” of it. For example, someone who has drugs in a container in their dresser would be in constructive possession of those drugs.

In some cases, joint possession is applicable. Joint possession occurs when a substance can be attributed to more than one person. For example, if someone takes drugs out of their pocket and hands them to a friend, they could both be charged with possession.

Defenses for Drug Possession Charges

A drug possession charge can change someone’s life, especially if it results in a conviction. The legal penalties are severe, but there are social penalties as well. Experienced legal representation can help someone accused of drug possession by crafting a strong defense on their behalf. Some common defenses used in drug possession cases are:

• Unlawful search and seizure: Law enforcement officers are only allowed to search a person’s body or property under specific circumstances. If a cop searches someone’s vehicle without permission and without a reasonable suspicion, the evidence they find might not be usable in court. If a law enforcement officer violates someone’s fourth amendment rights to a lawful search and seizer, the case in question might be dropped.
• Entrapment: Entrapment happens when a law enforcement officer encourages someone to commit a crime they would not have committed otherwise. For example, if a police officer threatens someone with violence or incarceration if they don’t commit a drug crime, the suspect is a victim of entrapment.
• The drugs are someone else’s: Claiming the drugs that resulted in a possession charge actually belong to another person can be a strong legal defense depending on the circumstances of the arrest. An experienced drug crime attorney can argue that there is a reasonable doubt that the accused knew the person they were with had brought drugs with them.

We Can Represent You

If you have been accused of drug possession and are facing potential charges, the Law Offices of Kenneth A. Stover can help. With over 25 years of experience helping the accused, Attorney Ken Stover can help you build a strong defense for your drug offense. He has experience on both sides of the criminal justice system and understands how serious your charge is. Contact us at (775) 502-1575 or online for a free case consultation today.