Drug crimes in Nevada attract serious charges that could have far-reaching ramifications on every aspect of your life. Drug paraphernalia charges, in particular, are classified as a matter of public records and can negatively affect your employment prospects.
Ideally, you can face drug paraphernalia charges if you are found in possession of typical drug materials such as syringes, pipes, plastic bags, mirrors, scales, and tinfoil. Let’s look at the ways to get paraphernalia charges dropped or reduced:
Prove Entrapment
Sometimes you are subjected to a sting operation that involves an undercover officer who tries to sell you paraphernalia or drugs. Your defense attorney can argue an entrapment defense in such a scenario, especially where the paraphernalia is a household item. You will argue that the law enforcers used unfair coercion tactics and that you would otherwise have not bought the drugs in the first place.
Illegal Search and Seizure
If the police obtained evidence illegally used against you, your attorney could argue your 4th amendment rights were violated. A search without a warrant or probable cause provides you an opportunity to file a motion to have that evidence suppressed and thus weaken the case against you. Ideally, a stop and search in the streets and traffic stops give you substantial grounds to argue the absence of probable cause. Should a law enforcement officer pull you over without a stop or seizure of your person, the drug charge might be dismissed.
Lack of Intent
If you can prove you were not aware of the presence of paraphernalia or had no intention of possessing them, your charges might be dropped or reduced. A good example is where someone else planted the paraphernalia in your car, in-person, or in your residence without your consent or knowledge.
Phoning in an Overdose
Under SB-459, if your alleged possession of paraphernalia was discovered due to your calling for medical help owing to a drug overdose, the drug possession charges against you can be dropped.
Hire a Competent Drug Trafficking Lawyer in Nevada
In most cases, the unlawful possession of drug paraphernalia has more to do with the context of the arrest than with the object itself. The Law Offices of Benjamin Nadig can help you fight a drug paraphernalia charge and have it dropped. We will leverage our combined decades of experience to provide you with a strong criminal defense for your drug paraphernalia charge. Contact us today for a free consultation.