In a drug possession case, the police must prove that you exercised dominion and control over the drug with knowledge that it was an illegal drug. In a possession for sale case, the police must prove that you possessed the drug with the intent to sell. In a sale case, the police must prove that you actually sold, transferred, furnished or transported a controlled substance or offered to do one of these things. In order to convict you of these crimes, the state must prove these elements beyond a reasonable doubt.
If evidence is obtained as the result of an illegal detention or illegal search, this evidence may not be used in court against you. Evidence seized pursuant to an illegal detention or search can be suppressed for use as evidence in court by filing a motion to suppress evidence. The law office of William Cole routinely, on their client's behalf, file motions to suppress evidence in cases of illegal search or seizure in South Lake Tahoe, California, Tahoe City, California, or Truckee, California, Incline Village, Nevada, and Stateline, Nevada.
In California simple possession of a controlled substance, with the exception of marijuana, is a felony. However you may be able to avoid a felony conviction on your record by electing to enroll in a diversion or Proposition 36 program.
In Nevada, simple possession of a controlled substance is a Class E felony. If convicted of a Class E felony in Nevada, you must be given probation. However, you can be sent to state prison if you violate the terms and conditions of probation. The current practice is to have you remain in the state of Nevada if you are a non-resident until the probation department of the state of your residence agrees to accept you for supervision.
In California or Nevada a conviction of possession for sale, sale, furnishing, giving away or transportation of a controlled substance or offering to sell, furnish, give away or transport a controlled substance is a felony. The penalty normally increases with the amount of controlled substance involved. Depending on the quantity of the controlled substance you could be sent to state prison.
In Nevada, election of a treatment program is available under certain circumstances and after successful completion your conviction can be set aside.
In Nevada, except for marijuana, simple possession of four grams or more of most controlled substances is a violation of the Level One trafficking statute and mandates at least one year and up to six years in state prison. Simple possession of 14 grams or more of most controlled substances but less than 28 grams, except marijuana, is a trafficking Level Two violation, with a mandatory minimum of at least two years and up to 15 years in Nevada State Prison. Simple possession of 28 grams or more of most controlled substances, except marijuana, is a Level Three trafficking with a life sentence possible.
The law office of William Cole routinely represent clients for all types of drug law violations, including drug possession, sales and cultivation cases in courts in Incline Village, Nevada, Stateline, Nevada, South Lake Tahoe, California, Tahoe City, California and Truckee, California. Call (866) 301-0768 for a free initial consultation and experienced and aggressive representation if you are arrested for a drug law violation in the Reno-Lake Tahoe area.