This is extremely important because Nevada law charges most Drug Possession Cases as a Category E or Category D felony, meaning potential prison time of up to four (4) years in jail and potential fines of up to $20,000.00.
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What constitutes a felony in Nevada?
Under Nevada law, a felony is a crime that is punishable by death or incarceration in state prison for one year or longer.Even if a defendant avoids incarceration by probation or a plea, having a felony criminal record can hinder future employment and residential prospects.
Is possession legal in Nevada?
It is now legal for adults 21 and older to possess up to one (1) oz. of marijuana (or up to 1/8 ounce of cannabis concentrate such as hashish) in Nevada. However, adults may consume the pot only in a private residence. Pot use is now legal in licensed social use venues in Las Vegas.
What does it mean when you get charged with possession?
If the police stop you and you are in possession of drugs, it is likely that you will be arrested. The drugs found will be seized and destroyed. If you’re caught with drugs you may be charged with possessing (or possession with intent to supply – a much more serious offence) controlled drugs, whether it’s yours or not.
What does 1st felony possession mean?
First degree possession charges apply if a person is in possession of 50 or more grams of methamphetamine, 50 or more grams of cocaine, 25 grams or more heroin, hallucinogens, amphetamines or phencyclidine of 500 grams or more or 500 or more dosage units, 50 kilograms of marijuana or 500 or more marijuana plants.
How much of your sentence do you serve in Nevada?
What is the 40% rule for a felony in Nevada? Subsection 1 of section 193.130 of the Nevada Revised Statutes requires that all sentences for felonies be sentenced to a minimum and a maximum sentence where the minimum does not exceed 40% of the maximum. What does that mean?
Do felons have to go to jail?
Just because a statute classifies a crime as a felony and it carries the possibility of a prison sentence doesn’t mean that every convicted felon will go to prison. For less serious or first-time felonies, the judge can usually sentence a person to either jail time or probation, instead of prison.
Is Nevada a no tolerance state for drugs?
Is Nevada a Zero Tolerance State? Yes, Nevada is a zero tolerance state. Any person under the age of 21 who is caught driving with a blood alcohol content of . 02 or higher faces juvenile or criminal court proceedings.
Do first-time drug offenders go to jail?
Even first-time drug offenses can carry jail time and you cannot count on the court being lenient. An experienced attorney can fight to protect your fights and help to ensure the most positive outcome, including possibly having your charges dismissed, reduced, or allowing you to be placed within a probation program.
Are all drugs legal in Nevada?
Nevada drug laws forbid possessing, making, or selling controlled substances. Exceptions are that adults 21 and older may possess one ounce or less of marijuana while at home, and people with Nevada medical marijuana cards may possess two-and-a-half ounces of marijuana while at home.
How much is bail for drug possession?
Bail Amount for Felony
They range in price from $1,500 to $50,000 but they can skyrocket into the hundreds of thousands of dollars. If the crime is very serious and committed under aggravating circumstances, then the penalty will fit the crime according to the law and the judge.
What happens if drugs are found in your house?
When drugs are found in your house or car, it’s likely you’re going to get charged. Unless the police have another suspect, you’re the one who will be charged with possession. However, that doesn’t mean you’re unable to get acquitted or have your case dismissed.
Can I get in trouble if someone mails me drugs?
Receiving Drugs in the Mail is a Federal Offense
However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Often when receiving drugs, they need to cross state lines to reach your home. This automatically elevates your drug crime to a federal drug crime.
How long do you go to jail for possession?
Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, but can range from a few days or weeks to 10 years or more in prison.
What are the 5 classes of drugs?
The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids.
What is 2nd degree possession?
In summary, a person is guilty of second degree criminal marijuana possession when that person unlawfully and knowingly has marijuana or marijuana substances, compounds, preparations, or mixtures in their possession that, in aggregate, are at least sixteen ounces in weight.
How long is a life sentence in Nevada?
First degree murder: Life in prison without parole, prison for life or 50 years, with the possibility to serve on parole after 20 years, or the death sentence. Second degree murder: Life or 25 years in prison, with the possibility to serve on parole after 10 years.
How long is a life sentence in Las Vegas?
Life in Nevada State Prison with no possibility of parole; or. Life in state prison with the possibility of parole after 20 years; or. 50 years in state prison with the possibility of parole after 20 years.
What crimes get a life sentence?
Crimes for which, in some countries, a person could receive this sentence include murder, attempted murder, conspiracy to commit murder, apostasy, terrorism, child abuse resulting in death, rape, child rape, espionage, treason, high treason, drug dealing, drug trafficking, drug possession, human trafficking, severe
Is a felony for life?
A felony conviction will generally remain on a person’s criminal record for life. Typically, the only way to remove it is to have it expunged. This process can seal the conviction from public view. Each state has its own expungement rules.
Does a felony ruin your life?
Does a Felony Ever Go Away? A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).
