It seems innocent enough. You and your friends are heading to the Vegas Strip, ready to enjoy a night of dancing and partying without a worry in the world. They're going to meet you at the club, so you've nominated yourself to bring the party favors. You've got enough hits of ecstasy stashed in your pockets to make sure all of your friends have fun, and you just picked up a fresh ounce of weed, which you've stowed in your trunk in preparations for the after-party.
Before you can make it to the club, you catch blue and red lights in your rearview mirror. You're getting pulled over for speeding. The officer suspects you're under the influence, which means he has probable cause to search your person and vehicle. Suddenly, your carefree night on the town is replaced with felony charges of possession with intent to sell.
Nevada Drug Laws & Penalties
Possession with intent to sell is a major issue, and the state of Nevada takes drug charges very seriously. Although you may think you and your friends were innocently going to have a good time without harming anyone else, the law may see your situation differently. After all, you were the one pulled over by the police, and you were the person in possession of controlled substances.
Using this story as an example, you could face felony charges of possession with intent to sell because you were caught with more than one ounce (but less than 100 pounds) of marijuana in the state of Nevada. The marijuana alone could land you one to four years in jail and up to $5,000 if this was your first offense, but the ecstasy, and any other harder drugs you may have on your person, will only worsen your situation.
How Do Courts Determine Intent?
The "intent" portion of the charge is often subject to circumstantial evidence. In some cases, the mere intent to distribute the drugs, even for free, may be sufficient evidence to support a felony charge. The courts may take into account any paraphernalia you had on you, the amount of drugs that were found in your possession, large amounts of cash, and other elements that could indicate your intent to sell or distribute the drugs.
What Do You Do if You've Been Charged with Possession with Intent to Sell?
Being charged with intent to sell is very serious. It's important to seek legal counsel as soon as possible. Las Vegas criminal defense attorneys know Nevada drug laws, and they understand the difference between intent to sell and personal use possession. An experienced attorney can help you move for a reduction or dismissal in charges, helping you avoid unnecessary jail time and keeping your permanent records as clear as possible.