How Does a Prior Conviction Affect a Drug Possession Case?

Conviction of drug possession in Nevada can have a significant impact on subsequent possession charges in terms of the level of the charges and potential penalties, in addition to affecting other aspects of your life, like employment. Because of the broad implications of even a single drug possession conviction, it is imperative to defend aggressively against even a first drug possession charge by retaining an experienced drug defense attorney.

Nevada Drug Possession Laws

The drug possession laws in the State of Nevada are complex. NRS 453.336 governs drug possession for personal use. Possession with intent to sell is addressed in a different statutory provision.

Controlled substances are divided into five different categories, referred to as Schedules I, II, III, IV, and V. Except for small amounts of marijuana, possession of any amount of a scheduled controlled substance without a prescription is a felony. Even a first offense carries severe potential penalties.

There are three different types of illegal drug possession in Nevada:

• Actual possession occurs when the person has custody and physical control of the drugs.
• Constructive possession refers to a situation where the person has control over the location of the drugs, such as a car or a residence.
•  Joint or shared possession exists when two or more people have control over the drug, such as drugs in a shared room.

For possession of a controlled substance for personal use, the category of crime depends on the drug type (schedule) and amount, as well as the number of prior convictions on a person’s record. Any possession charge is a felony, but the category (B, C, D, or E) of the felony varies, as do the penalties under NRS 193.130. Penalties in a felony drug possession case often include a minimum prison sentence and a substantial fine, which can be up to $50,000 for mid-level and high-level possession.

Why Prior Convictions Matter

Prior convictions can affect the category of a possession offense in Nevada. For the lowest tier of possession for personal use, which applies to Schedule I or II drugs less than 14 grams, and Schedule III, IV, or V less than 28 grams, the charge is a category E felony for a first or second offense, with penalties that may include probation, a fine, and rehabilitation. But a third or subsequent offense in the same tier is a category D felony, with potential penalties that include a substantial prison term and fine. This example illustrates how prior convictions significantly increase the category and potential penalties. 

Many states have similar statutory provisions, so that more severe penalties apply to individuals who have repeat offenses. Prior convictions generally include drug offenses anywhere in the United States, so a Nevada conviction can affect the category of crime and penalties if a person is subsequently arrested in a different state. That could mean a longer prison term, a much higher fine, as well as restricted access to alternative sentencing programs.

In addition to affecting the category and potential penalties of subsequent drug offenses, prior convictions can influence how the prosecutor and judge handle a new drug case of a repeat offender, which can make defending the case more challenging. Even so, a knowledgeable drug defense lawyer can aggressively defend against the new charge. Contacting an attorney as soon as possible after arrest is always the best approach.

Drug Possession Defense

The strategy for defending against a drug possession charge depends on the circumstances surrounding the arrest. An experienced drug defense lawyer meticulously evaluates the facts relating to the arrest, handling of evidence, and other aspects of the case. The conduct of law enforcement officers is relevant to the analysis.

Defending against a possession charge involves negotiating with the prosecutor to explore the possibility of reduced charges or alternative sentencing. In some drug possession cases, deferral of judgment under NRS 176.211 may be available. This approach, referred to as Drug Court, typically involves the defendant completing an intense rehabilitation program and paying a fine. Your lawyer will explain all the options you have available, including alternative sentencing.

An important reason to defend against any drug possession charge, even a first offense, is because of the increased penalties and category for subsequent offenses and other adverse impacts after a conviction. A single conviction on your record can affect a case substantially if you face another possession charge in Nevada or in another state.

In addition to the prior conviction issue, a drug possession charge on your record has adverse effects on your life even beyond the prison time and fines that can be imposed. A conviction can affect your employment and housing opportunities, as well as other aspects of your personal and family life. That long-term possibility is a compelling reason to vigorously defend against any drug charge by retaining a skillful criminal defense lawyer.

Schedule a Free Consultation With an Experienced Las Vegas Drug Possession Defense Lawyer

If you face a state or federal drug charge in Las Vegas, including drug possession, attorney Joseph Gersten is here to help. The Gersten Law Firm assists clients in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.