When a person is accused of selling drugs in Nevada, the prosecutor must show that he or she had the intention to sell it. The term “mens rea,” which comes from Latin and means “guilty mind,” is one of the most difficult hurdles for any prosecutor to overcome in order to win a conviction.
In most cases, prosecutors will use other facts or evidence in the case to back up their allegation that the person accused of possessing an illegal drug intended to sell it. Prosecutors will frequently utilize a variety of proof to prove intent to distribute charges, including:
When a person arrested for carrying illegal drugs is also found to have a large sum of money, the prosecutors will claim that this is evidence of prior sales.
Controlled substances in smaller, more precise amounts are typically interpreted as proof of intent to sell them by prosecutors.
Baggies, scales, or other objects might be used as evidence of an alleged offender’s possession being part of an alleged offender’s plan to weigh and package illicit drugs for sale by prosecutors.
When an individual is arrested in a certain region of Las Vegas, which police claim is the location of many drug possession arrests, prosecutors may argue that he or she was there specifically to sell narcotics.
If a defendant’s phone includes any recent conversations about the sale of a controlled substance, prosecutors will submit these communications as evidence of the defendant’s intent to distribute one.
Prosecutors will argue that an alleged offender was carrying a firearm or other weapon for personal protection because drug deals and the areas where they occur can be hazardous. If you’re facing illegal firearms charges in Nevada, contact the Spartacus Law Firm right away.
Possession of an illicit drug with the objective to sell is punished in Nevada according to the controlled substance’s classification and the accused individual’s prior criminal history. In Nevada Revised Statute § 453.337, a conviction for possessing flunitrazepam (also known as Rohypnol or “roofies”), gamma-hydroxybutyrate (also known as gamma-Hydroxybutyric acid, GHB, or “G”), or any other controlled substance classified in schedule I or II is punishable by imprisonment for not more than five years OR a fine of not more than $5,000.
- First Offense — Category D felony punishable by up to four years in prison and/or a fine of up to $5,000;
- Second Offense — Category C felony punishable by up to five years in prison and/or a fine of up to $10,000; or
- Third or Subsequent Offense — Category B felony punishable by up to 15 years in prison and/or a fine of up to $20,000.
According to NRS 453.338, if an accused person has in his or her possession for the purpose of sale any drug listed in schedule III, IV, or V and is convicted, he or she will be sentenced as follows:
- First or Second Offense — Category D felony punishable by up to four years in prison and/or a fine of up to $10,000; or
- Third or Subsequent Offense — Category C felony punishable by up to five years in prison and/or a fine of up to $10,000.
It’s critical to comprehend that if an individual is alleged to have possessed 4 grams or more of flunitrazepam, gamma-hydroxybutyrate, or any other controlled substance classified in schedule I, 28 grams or more of any controlled substance classified in schedule II, or 50 pounds or more of marijuana or concentrated cannabis with the intent to sell them, he/she will be charged with drug trafficking. If you’re facing drug possession with intent to sell charges in Las Vegas, speak to a qualified criminal defense attorney right away.
For charges of possessing a prohibited drug with the intent to sell, both possession and intent to distribute must be established. Police frequently employ various strategies to suggest that the individual intended to sell the substance. If an individual is discovered to be in possession of a large amount of marijuana, scales, baggies, and money, police may claim that the person intended to use the drug paraphernalia for weighing and packaging the substance before a sale.
Challenging the intent aspect of the charge may be a good approach to have charges lowered or dismissed. If the prosecution cannot establish that the individual not only had the substance but also intended to distribute it, he or she could have charge him or her with simple possession instead. Although this is still a serious allegation, the penalties might not be as severe. Furthermore, an experienced drug defense lawyer may dispute that the accused individual had actual or constructive control over the substances. If it is shown that the suspect did not have control of the substance, he or she may be able to have the charges dropped. Having legal counsel with experience can make all the difference.