Las Vegas Criminal Attorney Blog
There are countless attractions, conventions and events that come to Las Vegas on an annual basis which draw large crowds. Among the notable occasions which attract huge crowds of tourists and out of town guests are the National Finals Rodeo, The Las Vegas Strip New Year’s Eve Celebration, NASCAR Weekend, the International Consumer Electronics Show and the Electric Daisy Carnival. These events are fantastic draws at exciting venues and are all extremely well organized and well run, giving rise to their extremely high ticket sales and draws at the gate. However, as every visitor to Las Vegas is aware, Vegas is a “24 hour town.” There are things to do all day and all night, both on the Strip and off. In a city where the tourism board touts “what happens here stays here,” there are numerous opportunities not only to have safe family fun, but to get in trouble as well. For an unfortunate few, the attraction of the lights of the Vegas strip can lead to things they wouldn’t typically do at home – – – staying out too late, consuming too much alcohol and partaking in activities outside of their daily routine can all too often lead to dangerous and scary consequences. While it may be a slogan that “what happens here stays here,” many times the activities of tourists here to have a good time can lead to arrests and a trip to the county jail.
According to reports of the Las Vegas Metropolitan Police Department, during the 2016 Electric Daisy Carnival that occurred over the nights of June 17-June 20, more than 459,000 people crowded the Las Vegas Motor Speedway. Law enforcement officers made 101 felony arrests, all of which were narcotic related, 5 misdemeanor arrests, 19 misdemeanor citations, 8 arrests for driving under the influence and 13 traffic accidents occurred.
Many individuals may choose to “enhance” their party experience by using substances that are not readily available and are illegal to possess. Cocaine and ecstasy/MDMA, often times referred to as “molly,” two drugs that are closely associated with the party scene. These substances are however, illegal to possess, use or sell in Clark County and throughout Nevada. Possession of these substances leads to numerous arrests of tourists and travelers to Las Vegas. The police can arrest you and transport you to jail, for simply being in possession of these drugs, whether you are selling them or not. Worse, in some cases, Nevada Drug Laws allow the police to arrest and charge you with Trafficking of a Controlled Substance, based purely on the “weight” of the substance, even if it is simply possessed for personal use.
Such an accusation is not a light one. Possession of a controlled substance, defined by Nevada Revised Statute 453.336, is when a person knowingly or intentionally possesses a controlled substance. 1st offense possession, or “PCS,” is a category E felony in Nevada, and carries one to four years in prison. A third offense would be a Category D felony, which carries one to four years in prison and a fine of up to $20,000.
Intending to sell a controlled substance, defined by Nevada Revised Statute NRS 453.321 makes it a crime to not only sell drugs, but also to import, transfer, give away or manufacture controlled substances. Intent to sell can be proven by the quantity of drugs a person has on them and if the person is found in a location where drug deals are known to occur. Intent to sell is classified as a Category D felony, where a person can face a fine of up to $5,000 and up to four years in prison.
Trafficking a controlled substance, defined by Nevada Revised Statute 453.3385 and NRS 453.3395 as knowingly or intentionally selling, manufacturing, delivering or bringing any Schedule I or II drug into Nevada, is one of the most serious Felony crimes one can be charged with in Nevada. The penalties for Trafficking vary based on the amount of narcotics that are alleged to have been found. If convicted, the penalties can range from one to six years in prison and $50,000 fine up to and including life in prison and a fine of up to $250,000. Moreover, Trafficking is a mandatory prison sentence meaning that, if convicted, the person charged cannot receive a probationary sentence and must serve their time in Nevada State Prison.
If you, or someone you know, has been arrested at the Electric Daisy Carnival or some other event as a tourist to Las Vegas or elsewhere in Clark County, call an experienced Las Vegas Criminal Defense Attorney right away. At the law firm of Hofland & Tomsheck, we have handled countless cases such as these. In many cases, we can get the charges against you drastically reduced or dismissed altogether. Attorney Josh Tomsheck is a Nationally Board Certified Criminal Defense Attorney who has been recognized by the Nevada State Bar as a Specialist in Criminal Trial law. We look forward to helping you put these unfortunate situations behind you and helping you get back to your life. Contact us today