Drug traffickingis arguably the most serious crime out of all the drug-related offenses not just in Nevada but also in the rest of the country. This is because drug trafficking is, in a sense, a distribution of the very instrument that could cause addiction (and, eventually, other crimes) and, ultimately, death. When you are charged with drug trafficking, know that the penalties that could be brought down on you can be painful and might cost you more than what you could bear. For example, having at least 400 grams of drugs found in Schedule II is a category A felony which entails a prison term of 15 years to life-imprisonment.
To avoid this, here are some fundamental defenses that you can study with your criminal defense lawyer.
The drugs do not belong to you
Substances that are not yours cannot be used to incriminate you. Backed by strong evidences, you can state in the court that the drugs belong to other people, a friend, a family, or someone you do not know.
For example, you were driving a vehicle crossing states where cocaine is stashed in the dashboard compartment. Your denial that the drugs is not yours and you have no knowledge of it being in the car can be justified if you do not own the car and just happened to drive it during the day for some reason.
Unlawful search and seizure
Police misconduct can be used as a defense for drug traffickingin Nevada. It is unlawful for police officers to suddenly disrupt your walking or driving using excessive force as well barging into your home without proper search warrant. This is one of the most effective defenses you can use and can benefit you greatly if utilized well.
You were under duress
Sometimes, defendants of drug traffickingviolation are well aware of what they are doing but cannot do anything to stop it because their lives or other people’s lives are at risk. One example is a person kidnapped and ordered by a group of drug traffickers to act as a drug courier. If they refuse or run away, their lives or their family’s lives will be in danger. If this is your case, you have a good chance of being acquitted.
Entrapment
Not dissimilar to unlawful search and seizure, entrapment is when the police trick someone into committing a crime. Planting drugs in their car and then following them around to seize them on what could be an “unsuspecting” time can be considered as entrapment.
Drugs do not weigh enough
For your offense to be considered as drug trafficking, the weight of the drugs you are alleged transporting must follow what the Nevada Drug Schedule had mandated. To illustrate: you were confronted by the police and then they found drugs in your pocket. For you to be arrested for drug trafficking, the drugs you were carrying must be at least 4 grams for Schedule 1, 28 grams for Schedule II, and 400 grams for Schedule III.
When the weight of the drugs discovered on you does not reach the decreed range then you can only be charged with drug possession which has lesser penalties compared to a drug traffickingoffense. A third offense of drug possession will only give a year of prison term but would include fines that go up to $20,000. Still, that’s considerably better than the lowest drug trafficking offense. Read the complete version of the drug Schedules and the grams needed before you could be arrested for drug trafficking for reference.
Drug traffickingcharges, in spite of its stringency, can be avoided. All you need is a solid defense and a criminal defense attorneyt hat will effectively harness all your valid arguments.