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Drug Trafficking Defense in Las Vegas
Trafficking cases move fast and carry severe penalties tied to drug type and weight. Early action can change the outcome, suppression, lab challenges, and charge reduction strategy.
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Drug Trafficking
Nevada trafficking charges are driven largely by weight thresholds and the type of controlled substance. The trafficking statute sets tiered punishment ranges based on the alleged weight category.
NRS 453.3385 covers trafficking in specified controlled substances and uses weight based tiers to determine penalty ranges.
Example fact patterns
Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.
Examples of defenses
Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.
Potential penalties
A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.
Drug trafficking in Nevada, key things to know
Nevada prosecutes trafficking primarily by the alleged type of drug and the alleged weight. Trafficking can be charged without proof of selling. In many cases, the state’s theory is that weight alone triggers trafficking exposure.
Prosecutors also often stack related counts from surveillance, warrants, parcel intercepts, and stop searches. The defense usually turns on the legality of the stop or warrant, the scope of any search, lab testing, and chain of custody.
What Nevada statute criminalizes drug trafficking
NRS 453.3385 is commonly cited as Nevada’s drug trafficking statute. It is used in cases involving large alleged quantities and can apply across multiple conduct theories, including possession, sale, manufacturing, transport, or import, depending on the allegations.
Because trafficking exposure can turn on how the state classifies and weighs the substance, lab work and reweigh strategy can be central.
Levels of trafficking and alleged weight thresholds
Trafficking cases are commonly described by weight tiers. One framework you will see discussed is a low-level tier over 100 grams and under 400 grams, and a higher tier at 400 grams or more, with the higher tier carrying dramatically increased exposure.
The exact classification depends on the substance and filing theory. Defense work often focuses on what the state is actually weighing, whether the weight is correct, and whether aggregation across locations is legally supportable.
Elements and how broad the state’s theory can be
A trafficking case is typically litigated around knowledge, possession, and the alleged weight threshold. The state may proceed on actual or constructive possession theories, and constructive possession is often where reasonable doubt is created in shared-access scenarios.
The defense goal is to force precision on what is alleged, where it was found, who had access and control, and whether the state’s testing and weighing can be trusted.
Marijuana trafficking is treated differently
Marijuana trafficking is commonly discussed under separate weight ranges, for example, 50 to 1,000 pounds, 1,000 to 5,000 pounds, and 5,000 pounds or more, with escalating felony categories and fine ranges.
In these cases, the defense still often turns on suppression, proof of knowledge and control, and reliable weight and custody documentation.
Can trafficking get probation
Some trafficking convictions are treated as not probationable, which is why early strategy often focuses on suppression, lab and weight challenges, and negotiating to offenses that allow probation or treatment-based outcomes when appropriate.
One cited statutory exception is NRS 453.3405(2), which is commonly described as a substantial-assistance pathway. Whether it applies depends on facts and prosecutorial posture.
What to do next
Do not discuss facts with anyone but your lawyer. Preserve phones, messages, and location data. If there is body-worn camera, surveillance, or dispatch audio, it should be requested quickly.
High-stakes narcotics cases demand speed and precision. The sooner counsel gets the reports, videos, lab submissions, and warrant paperwork, the sooner we can identify suppression issues and pressure points.
Drug Trafficking FAQs
These are the questions we hear first.
