Possession of Cocaine Charges. Laws. Penalties.

Possession of cocaine

If you are facing cocaine possession charges in Las Vegas, you need to contact the best criminal defense attorney in Las Vegas as soon as possible to defend your case. Cocaine possession convictions will stay on your record for a long time and will affect all aspects of your life - your employment, college application, and housing, to name a few.

Heshmati & Associates Law Offices have years of experience representing people charged with cocaine possession. If you are arrested for possession of cocaine, call Las Vegas criminal defense attorney Parviz Heshmati at 702-432-1000 to discuss your case.

What is the possession of cocaine?

In Nevada, possession of cocaine is defined as having custody or control of the drug cocaine. In some cases, a person can be arrested for cocaine possession without actually having custody of cocaine. Just being in a room where people consume cocaine may be enough to get arrested.

Also, in Nevada, the person can be arrested if he/she was found with cocaine paraphernalia items, like:

• Clear bags or vials,

• Things where cocaine is hidden,

• A flat surface with white cocaine residue,

• Something to "chop" the cocaine,

• A hollow tube to snort the cocaine with, usually a small piece of straw or rolled up dollar bill,

• Cocaine needles and lighter,

• Or using cocaine.

Factors that affect the penalty

The penalty for unlawful cocaine possession depends on:

1. Drug schedule
2. Classification of felony
3. Drug weight (applied ONLY for cocaine drug trafficking charges; anything over 4 grams)

Drug schedule and charges for cocaine possession

The Drug Enforcement Administration (DEA) organized all illegal drugs into Groups or Schedules I to V.

Cocaine is a Schedule II drug and has a high potential for abuse.

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Is possession of cocaine a felony?

Yes. In Nevada, possession of cocaine is a felony.

Furthermore, the first and second arrest for cocaine possession less than 4 grams is a Category E felony.

The third and any subsequent arrest for cocaine possession of less than 4 grams are a Category D felony.

Penalties for cocaine possession

Category E felony for cocaine possession carries up to 1 year in jail and a fine up to $5,000.

Category D felony for cocaine possession carries 1 - 4 years in Nevada state prison and a fine up to $20,000.

Drug weight and charges for cocaine possession

In Nevada, cocaine weight is applied ONLY for cocaine trafficking charges, and trafficking charges are based solely on weight. The court does not differentiate whether the cocaine was for personal use or sales. It is also imperative to note that the government is allowed to include the weight of the packaging in the overall weight of the cocaine a person possesses.

Classification	Weight
Low-Level	At least 4 grams but of less than 14 grams
Mid-Level	At last 14 grams but of less than 28 grams
High-Level	Everything over 28 grams

Aggravating factors for possession of cocaine charge

Many things can aggravate your illegal possession of cocaine charge.

• First, where the arrest happen? The penalties are stiffer if the arrest occurred in a Drug-Free Zone (usually around the school area), near the drug treatment facility, or on federal property or land.

• Second, did the police found a gun or any other weapon on a person during the arrest? Having a firearm will add to the penalties.

• Third, was a child present while cocaine was consumed?

• Forth, was it your first arrest for cocaine possession or had prior arrests?

• Finally, if police found multiple cocaine baggies, cash, transaction ledgers, the person may be charged with cocaine possession with intent to sell.

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Defenses to possession of cocaine charges

Many defenses are available for the illegal possession of cocaine charge. If the arrest happened in a Las Vegas hotel or casino, the attorneys would often use a "chain of custody" defense. The "Chain of custody" requires the prosecutor to show that once seized, the cocaine or paraphernalia have been under the control or dominion of the state, and nobody tampered with the evidence while in the state's custody. Often, hotel security doesn't handle all protocols correctly, and the evidence becomes inadmissible in court.

If you think the "Chain of Custody" defense may apply in your case, contact the Las Vegas criminal defense attorney Parviz Heshmati at 702-432-1000.

Nevada Drug Courts

Sometimes cocaine possession charges may result in Nevada Drug Court as an alternative to incarceration.

Nevada Drug Court, a six drug rehabilitation program, often are used to avoid prison for many drug offenses. Cocaine possession is one of them. The "Drug Court Program" is a condition of probation that allows the courts to monitor the defendant's behavior without putting him/her in jail.

We can help

Heshmati & Associates law firm has experience defending people charged with possession of cocaine and has been very successful in reducing this charge and, sometimes, dismissed. Criminal defense attorney Parviz Heshmati received many awards for his legal practice in criminal defense.

Understanding the possession of cocaine charges can be very confusing. Not every fact is black and white. Each case is different. Without knowing the circumstances surrounding your arrest, it is hard to provide recommendations. Call us with any questions you may have.

If you have been arrested for possession of cocaine in Las Vegas, North Las Vegas, Henderson, Laughlin, Mesquite, and throughout Nevada, call 702-432-1000 to schedule a free and confidential consultation.

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