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Do you know someone who is given a warrant of arrest and accused for Possession of Controlled Substance? Whether his case is charged as a misdemeanor (a lesser type of crime that is punishable by a monetary fine and/or a jail sentence of less than a year) or a felony (most serious type of offenses with charges of incarceration for a minimum of one year and with bigger criminal fines), the person is still responsible to legal consequences of his actions.
Defining Possession of Controlled Substance
Possession of Controlled Substance in Las Vegas is a grave violation of the law which accounts possession of drugs and its materials. The definition of different types of drugs that both provide high and low tendency for abuse can be found in the Controlled Substances Act and different provisions of state laws.
The authorities will be able to determine if a person is suspected of possession of controlled substance in two ways:
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Actual Possession
In most cases, people are caught carrying the drugs or drug paraphernalia or they have a physical control over the instruments.
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Constructive Possession
In most cases, the drug or its paraphernalia is found in the property of the person or group of people. Unlike actual possession, it is not found in the person physically. This case is harder to prove because it requires that the person or group of people charged to be aware of the presence of the substances as well as to have control over them.
Knowing How Heavy Is the Punishment
The decision whether you will be charged with less or more punishment will depend on three aspects:
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Kind of Drugs
There are different kinds of drugs. Some cause higher tendency for abuse while some has less effects. Those with worse effects, like cocaine, are usually charged with felony.
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Bulk of Drugs
Just like the worse kinds, more possession means higher sanction. There is certain amount list written in the law which would help the authority determine whether the lawbreaker will be charged with misdemeanor or felony.
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Purpose
If the purpose of drug possession is to sell and earn money, it is more likely to be felony. However, if it is for personal use only and the amount falls under the requirements of misdemeanor, most of the time the person will be charged with less punishment.
Not Guilty
If someone charged is not guilty for possession of controlled substance for certain instances like someone asked them to hold their bag for them while entering a governmental office. Unluckily, when the police checked their bag, he saw the drugs inside. Of course, the police would not believe easily that you are not knowledgeable of the drugs inside the bag and it is not yours. In this case, you have to go on a trial.
Getting a Las Vegas criminal Defense Attorney
Even if you understand the basics of being charged with possession of a controlled substance, it is a grave offense that is why you need a very competent Las Vegas drug crime lawyer to defend you in court and help you answer very shivering questions. Contact a drug crime attorney today!