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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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NRS 453.3385Nevada · Trafficking in certain controlled substances

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.

Statute
Trafficking in controlled substances (NRS 453.3385)
What drives the charge
Weight thresholds and substance schedule
Charge level
Felony tiers based on alleged weight
Defense focus
Search and seizure, weight proof, lab testing, possession theory
Key statutory language (abridged)

NRS 453.3385 covers trafficking in specified controlled substances and uses weight based tiers to determine penalty ranges.

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Drug traffickingHow these cases usually get built
Traffic stop or interdiction, then a search
A stop leads to detention, questioning, and a search. The defense often turns on the legality of the stop, the scope of the search, and whether consent was valid.
Warrants and surveillance
Search warrants and surveillance are used to stack charges. Defenses often focus on probable cause, staleness, informant reliability, and whether the warrant scope was exceeded.
Parcel intercepts and controlled buys
Cases can be driven by informants, controlled buys, or intercepted packages. The defense focuses on reliability, chain of custody, and whether the state can prove knowledge and control.
Weight and lab testing become the case
Trafficking exposure is often tied to alleged weight thresholds. Lab methods, purity issues, packaging, and reweighing can matter, as can custody documentation.
How to read this
These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.
Defense playbook

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.

Drug traffickingCommon defense themes
Illegal stop, detention, or search
Suppression issues can decide the case. If the stop or search is unlawful, the key evidence can be excluded.
Defective warrant or overbroad scope
We look for problems in the affidavit, informant credibility, stale facts, and whether officers exceeded what the warrant allowed.
No knowledge or no possession
Trafficking filings can be based on constructive possession theories. Shared access, proximity, or third-party control can create reasonable doubt.
Lab, identification, and weight challenges
Misidentification, poor testing protocols, custody gaps, and incorrect weighing can undermine the state’s ability to prove elements tied to thresholds.
How to use this
These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.
Penalties overview

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 traffickingExposure often follows thresholds and enhancements
Charge severity
Often felony level with mandatory terms
Trafficking filings are typically driven by schedule and weight, and the law escalates quickly as weight increases.
Fines
Can be very high
Fines can reach the tens of thousands depending on charge level and allegations.
Probation availability
Often restricted
Some trafficking convictions are not probationable, so charge reduction strategy can be a major leverage point.
Enhancements
Guns, schools, minors, conspiracy
Firearms allegations, protected-zone allegations, and conspiracy theories can increase exposure and complexity.
Collateral consequences
Immigration, licensing, employment
Drug trafficking allegations are high-stakes outside the courtroom, especially for non-citizens and licensed professionals.
Important
Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

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.

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