You may wonder if this felony applies to you. You may have had this controlled substance in your possession without your knowledge, or you may feel that the police did an illegal search, which is possible. If the police search without a warrant or probable cause, a good criminal defense attorney will argue to have the evidence thrown out. These and other nuances of every controlled substance case are exactly why an attorney should get involved as quickly as possible.
There are different aspects of your controlled substance charge that will be outlined here:
Whether or not you have been convicted of a drug offense previously
The type of drug you possessed
The good news is that if you have never been convicted of drug charge in the past then a good criminal defense attorney should be able to effectively argue to get your case reduced to a lesser charge or dismissed completely. In return for a favorable resolution, the court may require you to attend a drug class and/or pay a fine as well as stay out of trouble during the pendency of your case.
The type of drug you are found in possession of also determines the sentence and/or fine you’ll receive. Controlled substances are divided up into Schedule I, II, III, and IV. Schedule I substances are the worst to have in your possession without a prescription, schedule IV are the least serious to be found possessing. Here are some examples of substances that fit into these categories:
Schedule I – Ecstasy, Heroin; Schedule 2- PCP, GHB (date rape drug). This is a category b felony, and you can face 1-6 years in prison. Please note that marijuana is listed as a schedule 1 drug, however, the ordinary penalties for possession of a schedule 1 drug do not apply to possession of marijuana. The penalties for possession of marijuana are less harsh but are still very serious depending upon the amount a person possessed (see NRS 453.336).
Schedule II – Cocaine, Oxycodone “OxyContin”, Ritalin, Adderall, Hydrocodone
Schedule III – Steroids
Schedule IV – Xanax, Ambien, Valium