According to various reports, drug use and sales are at high levels in Nevada. The U.S. Department of Justice points to several important issues regarding drug use in the state, including unchecked borders with California and Arizona, a growing crystal meth problem and a nightlife that contributes to easy access to traditional club drugs. With these elements vexing law enforcement, it is readily apparent that Nevada has a drug trafficking problem.
According to the National Drug Intelligence Center, ice methamphetamine is the most significant drug threat to the Las Vegas region. It is supplied through Los Angeles, San Francisco, Sacramento and other cities in Mexico. While marijuana is the most widely available and abused drug in Nevada, trafficking of cocaine is viewed as a greater threat since Las Vegas is often used as a distribution center where wholesale quantities are available to other traffickers in the region. In 2007, the Drug Enforcement Administration reported 171 drug arrests. With the increased emphasis on curbing drug use and the violence between competing cartels, the Department of Justice continues to vigorously prosecute drug trafficking cases.
What the Federal Government Must Prove
The government will obtain a conviction if it can prove beyond a reasonable doubt that a defendant delivered (or attempted to deliver) a controlled substance. A drug trafficking conviction can also be obtained by proving possession of illegal drugs with intent to distribute, based on the amount of drugs discovered, the amount of cash, as well as weapons found on the defendant during or soon after the arrest. In a number of cases, courts have upheld drug trafficking convictions when police have found distribution paraphernalia such as baggies, receipt books and cigarette wrapping paper in addition to controlled substances.
However, law enforcement must operate within the bounds of the Fourth Amendment in making arrests and seizing evidence. If the police violate a defendant's civil rights in the course of finding drugs or making a drug-related arrest, all evidence discovered after the fact may be ruled inadmissible as part as an illegal search. If this occurs, the case may be dismissed.
Drug Trafficking Sentences
Sentencing for drug crimes is based on a complex system that takes into account the drug involved, the quantity of the drug and the offender's criminal history. Essentially, the more dangerous the drug and the larger the quantity involved, the greater the presumptive prison sentence. Because of federal sentencing guidelines, mandatory sentences follow many drug crimes. For example, trafficking of heroin, cocaine, LSD, and PCP all call for five-year mandatory prison sentences and significant fines. A conviction for selling at least five hundred grams but less than five kilograms of cocaine powder will also result in five-year prison sentence and a fine of up to $2 million for a first offense.
However, the presumptive sentence for distributing five grams of cocaine base (otherwise known as "crack" cocaine) is five years in prison. To put this in prospective, the weight of six plain M&Ms candies could lead to a mandatory five year prison sentence. The disparity in sentencing for selling crack has been a controversial issue since the 1980's because many more minorities were given long prison sentences for drug offenses that involved minimal amounts of controlled substances. Since crack cocaine was a central target in the War on Drugs, legislators were convinced that the severe penalties (100 to 1 compared to powder cocaine) would curb the use of this drug.
Federal judges also may consider additional factors such as any violence that occurred in the crime, whether state or international borders were crossed, and whether the drugs were distributed near a school zone.
As stated earlier, every person accused of a crime has the protections of the United States Constitution behind them. Essentially, police and prosecutors must not violate a person's constitutional rights in conducting vehicle stops, making arrests or obtaining evidence. Also depending on your criminal history and the circumstances in the case, a federal prosecutor may offer you a plea bargain. In exchange for a guilty plea or a promise to cooperate in providing information, you would face a reduced sentence. An experienced criminal defense lawyer can analyze your case and advise you of your rights and protections, and can help you decide if a plea bargain would be in your best interests. If you have been arrested for drug trafficking in Nevada or believe you are under investigation for such a crime, contact an attorney.
