Nevada laws are very stringent on controlled substances. A drug-related charge is serious, and a conviction could result in a lengthy prison time and hefty fines. Consequences will be grave for an immigrant, as it could mean facing deportation or being marked as inadmissible. A conviction for any drug-related offense will leave you with a damaging criminal record that will impact all aspects of your life, including obtaining housing and employment services. Thus, it helps to know what to expect when facing a drug charge and your options. Remember that your decisions right after your arrest could impact your situation.

What To Expect After a Drug-Related Charge in Nevada

You could face drug charges in Nevada for various reasons like possessing, selling, or distributing controlled substances. Nevada is among those states with the most stringent drug laws. Mere possession of a controlled substance could result in a lengthy prison time and hefty fines if the offender is found guilty through trial.

Thus, you must be very worried if you face drug charges in Nevada. The uncertainty of what will happen next can be overwhelming. It helps to understand the Nevada legal process and your options to prepare for what will come after your arrest. It could also help to engage a criminal lawyer from the start of the process for quality support and advice. Here is what to expect after a drug-related arrest in Nevada:

Knowing Your Rights

Everyone enjoys certain rights under the constitution, regardless of their criminal background. Thus, you must know and understand your rights to protect yourself through the legal process.

The law requires the police to read your Miranda Rights after your arrest. These rights protect you against saying or doing something that could incriminate you, worsening your situation. An arrest is intimidating and confusing. Thus, it is possible to say or do something that the police could use against you in the trial.

An officer will advise you on your right to remain silent even when questioned by the police. He/she will also inform you of your right to an attorney. These rights are designed on a case-to-case basis. Therefore, if you need to defend yourself to avoid an arrest, remember that the officers could gather the information you give to strengthen their case against you in court.

After learning your rights, the decision to speak to the police or hire an attorney rests on you. However, the police will note down every information you provide regarding the case and use it against you in court. It is advisable to remain silent until you can speak to an attorney. Criminal defense attorneys are trained and experienced in these matters. They know when to speak and what to say to avoid incriminating their clients.

The Booking Process

When you face a drug-related arrest in Nevada, the officer(s) will take you with them to the station. Nothing much happens on the scene of arrest other than reading your Miranda Rights. The officer will also inform you of your charges after the arrest.

At the station, expect to provide your identifying information to an officer for the booking process. Law enforcement officers have the right to your information after an arrest, including your name, date of birth, address, employment details, and any other information that could help the officer know you better. The officer could ask direct questions regarding your background and previous arrests. It is advisable to be as truthful as possible during this process.

The booking process also involves taking your fingerprints and mugshots for the police database. The officer will check to confirm whether you have a previous criminal history, and the charges. That would enable the prosecutor to determine your actual charges and possible penalties after a conviction.

The last bit of the booking process would be surrendering your possessions to the officer. You cannot be held in jail with your valuables. Therefore, the officer will take them and provide you with a voucher to claim your possessions after your release. But if some of the items in your possession were contrabands like controlled drugs or a dangerous weapon, the officer will not return them even after your release. They could be used as evidence in court during your trial.

The Initial Arraignment

After your booking, your case is assigned to a judge. You are also allowed to make a phone call. You can hire an attorney at this point if you can afford one. If not, request for a public defender to help you through the legal processes that will follow.

The initial arraignment is your first appearance in court. That should happen a few hours after your arrest. Initial arraignments in Nevada are usually fast because judges, prosecutors, and public defenders have so many other duties to attend to. Again, the judge will want to speed the process to avoid keeping you in custody longer before you are determined guilty, in accordance with the law.

During this initial arraignment, the judge will let you know the nature and seriousness of your charges after going through your file. The judge will also brief you about the prosecution's initial evidence presented in court. He/she will then tell you the applicable plea offers available according to your charges. You will then be allowed to accept or reject the offers and to enter your own plea with the guidance of your attorney.

The other matter will be concerning bail. You could be eligible for bail or not, depending on the nature of your charges and criminal history. The judge will determine this. If you have a private attorney or your loved ones are present during the hearing, they can vouch for you to influence the judge’s decision.

Typically, those facing drug-related charges are granted bail in Nevada. Thus, you could be allowed to post bail for a pre-trial release. The judge will let you know about it and also set your bail. Bail will enable you to guarantee your court appearances. Then you will be free to attend court hearings from home.

The offer to post bail comes with strict conditions you must abide by. For instance, you must make all court appearances. Otherwise, you could face additional charges for failing to appear.

The Nature of Your Drug Charges

When you are freed on bail, you could return to your daily life. This would also be a perfect time to prepare for trial. If you do not have legal representation at this moment, it will be time to look for one and hire. Consider skills, experience, and record of performance to ensure you have a reliable attorney that could influence the outcome of your situation.

Take time to understand the nature and implications of your drug charges. Your attorney will give you various options to obtain a fair outcome.

Possession, sale, and manufacture of controlled drugs are severe crimes in Nevada. You will likely face a serious felony charge for drug possession in the state. That is because of the Uniform Controlled Substance laws, which follow the federal laws and carry severe consequences. The only way to avoid charges for drug possession in Nevada is to obtain a drug through a valid prescription.

According to Nevada Statute 453.336, you can face drug possession charges in three ways:

  • Through actual possession of drugs, in which case the police found the drugs on your person
  • Through constructive possession, whereby the drugs were in an area you have control of, like your home or car
  • Joint possession, whereby the drugs were in an area you jointly control with someone else, for example, your home or car that you share with your wife, friend, or another family member

Your charges will also determine the likely penalty after conviction. Penalties for most drug-related charges in Nevada depend mainly on the quantity of drugs, the number of prior offenses, the nature of the crime, and the schedule under which the drug is classified. For instance, first and second offenders found in possession of schedule I-IV drugs will likely receive a prison sentence of at least four years.

Alternative Sentencing

You could be eligible for alternative sentencing if you are a first offender and face low-narcotic charges. Currently, Nevada has six courts that focus on helping with the rehabilitation of low-level drug-related offenders. These drug courts are:

  • Adult Criminal Court— Mainly deals with felony offenders
  • Juvenile Court
  • Child Support Court
  • Prison Reentry Court
  • Dependency Court
  • Dependency Mothers Court

Alternative sentencing is designed to help people battling drug addiction. These courts provide strictly-monitored rehabilitation programs. Once you complete a program, your charges will be dismissed and your criminal record cleaned.

Find a Reliable Las Vegas Bail Bonds

Knowing what to expect after a drug-related arrest in Nevada could help you remain calm throughout the legal process. Nevada's justice system can be a little intimidating, even for repeat offenders. You must be ready to protect your rights and avoid making costly mistakes. If you face an arrest in Las Vegas and need a bail bond, contact Express Bail Bonds at 702-633-2245. Our agents are always on standby, ready to help you obtain a quick release from jail.