Drug possession offenses take various forms, ranging from misdemeanors to felonies. If you are a local or tourist in Las Vegas, you will feel overwhelmed when arrested for this offense because of the harsh penalties at stake.
Hiring an attorney early and preparing for the trial are crucial to preventing harsh penalties. Jail is not the best place to prepare for your case, so you must exit first, awaiting a case hearing. Although you can post bail to be freed, the bail set for PSC (possession of a controlled substance) is too high for most people to afford.
Express Bail Bonds can swiftly process your possession of a controlled substance bail bonds to reunite you with your family and assist you in starting early trial preparations to avoid the severe penalties and additional effects of a conviction. With us by your side, you need not worry about fighting the drug possession charges behind bars because we will consolidate bail on your behalf.
Setting Bail for Possession of Controlled Substance
Nevada NRS 453.336 criminalizes the intentional possession or control of narcotics without a valid prescription and with no plans to sell them. The offense is the least severe drug crime because it often involves small amounts of drugs, and the owner usually has no intentions of selling or distributing them. However, the offense remains a felony and attracts severe criminal penalties and collateral consequences.
The standard bail amount you will be required to post is $5,000 or more, depending on the felony category. However, you must undergo a bail hearing for the judge to set the exact bail amount you should pay to obtain release.
Very few defendants charged with possession of a controlled substance can afford the bail money, but this should not be a reason to remain in jail. It would help if you spoke to your Las Vegas bail bonds service for a bailout. The bondsman will only require you to pay 15% of the total bail in exchange for paying the full bail. The trade-off of utilizing the Las Vegas bail bonds service is that the 15% fee is non-refundable. The sum put up by your bondsman is reimbursed once the case is concluded without a violation of the conditions of the pretrial release.
Considerations When Determining Bail
You and the prosecutor will have a chance to present proof and arguments in favor of or against bail. One crucial aspect of the case the judge considers in the bail hearing is the type of drug possession charge you face. The three fundamental forms of possession are:
- Actual possession, which involves physical control of narcotics in your person
- Constructive possession is where you keep drugs in a place under your control
- Joint possession, entailing sharing possession or control over the controlled substances
Similarly, the court considers your length of residency. If you are only a tourist in Las Vegas, the court will set a high bail amount to discourage you from jumping bail or skipping hearings.
Another consideration is your criminal history. If you have been previously charged with possession of a controlled substance, your crime is classified as a category D felony. Your bail will be set higher than that of a person accused of a category E felony, which is preferred for first-time offenders. Again, when you have a history of jumping bail, chances are you will be denied bail, or the amount will be hefty.
Also, the court considers the evidence against you. When a conviction is imminent, and the possible penalties are severe, a release on bail makes you a flight risk. Being denied bail is more likely because you will not likely show up for the hearing or trial.
Your financial status will affect the amount the judge sets as bail. If you are wealthy and can afford to flee Nevada after a bailout, the court will either set a high bail or deny it.
Other factors the court takes into account are:
- Your employment status
- Your reputation, character, and mental status
- The possibility of engaging in further drug crimes after release
- The identity of individuals in the community that can vouch for you
When the judge decides to let you out of jail on bail, they can impose specific requirements unique to your case to protect the community’s safety, health, and well-being. These reasonable conditions are:
- No traveling out of state
- Steering clear of particular locations or individuals
- Random drug testing
- Wearing an ankle monitor
According to the Nevada Supreme Court, if you are unable to pay the bail amount, you are entitled to a hearing where the prosecutor demonstrates to the court why bail is necessary to ensure your future court appearances as well as the safety and well-being of the community.
If the court rules that a bail amount is necessary for your release, the judge must take your ability to pool funds into account when determining the amount. Alternatively, the court can release you on your recognizance, where you do not post bail to obtain release. Nevertheless, the release can only happen if you possess controlled substances like marijuana, opiates, and Adderall without a valid prescription and not for sale.
You should ask your defense attorney to request a second hearing if you disagree with the initial court ruling. Your attorney will make a case for the bail reduction, while the prosecutor will either oppose the request or suggest raising the bail amount. The judge can reduce or increase the bail provided on the schedule, but only within the law. They can grant your request when you make a convincing argument for a reduction. However, if the prosecutor is more compelling, the amount will remain the same or even be increased.
You must understand that your Las Vegas bail bonds service will not help you with the hearing. They only come in after the court has granted bail. Therefore, as much as you want to reach out to a bondsman after arrest, you need an experienced attorney to help you with the bail hearing or reduction.
Benefits of Possession of a Controlled Substance Bail Bonds
When arrested for possession of a controlled substance, you risk felony charges, which are harshly punished. You need a Las Vegas bail bonds service to secure a prompt release to leave jail within days. If you delay your freedom, you could end up in prison for months, denying you the chance to hire an experienced attorney to help you fight the charges. Without legal representation and practical legal defenses, you risk severe penalties based on your criminal history and the kind of narcotics you are accused of possessing.
If you are convicted of controlling 14 or fewer grams of schedule I or II narcotics or 28 or fewer grams of schedule III, IV, or V drugs, you will face category E felony penalties for a first or second offense. Nonetheless, when you enter a no-contest or guilty plea, the judge will allow a deferred judgment. The court will throw out your case when you complete all the conditions imposed by the court, including fine payment and drug rehabilitation.
Nonetheless, when you fail to meet these conditions, the court will impose category E felony penalties, including 12 months of jail incarceration and probation. If you have at least two prior felony sentences, a conviction will result in a prison sentence of between twelve and forty-eight months and court fines of at most $5,000.
When your possession of a controlled substance crime is the third one, you will face category D felony penalties, which include:
- Twelve to forty-eight months of prison incarceration
- $5,000 court-imposed fines at the court’s pleasure
- An extra $20,000 court fine on the court’s pleasure
Low-level possession of a controlled substance is a category C felony. The offense involves possession of between 14 and 28 grams of schedule I or II drugs or between 28 and 200 grams of schedule III, IV, or V drugs. When convicted of the offense, the penalties include a Nevada prison sentence ranging from twelve to sixty months or a court fine of at most $10,000 at the court’s pleasure.
When it is high-level possession of a controlled substance involving schedule I or II drugs weighing less than 42 g or schedule III, IV, or V drugs weighing over 200 g, the crime is filed as a class B felony, and the possible penalties are:
- Nevada prison sentence of one to ten years
- Court fines amounting to $50,000
A conviction for high-level possession of a controlled substance involving schedule I or II drugs weighing 42-200 grams will result in the following class B felony penalties:
- Two to fifteen years of state prison incarceration
- Court fines of no more than $50,000
Possession of Gamma-hydroxybutyrate or Rohypnol is a category B, punishable by one to six years of prison incarceration.
You must understand that possession of a controlled substance is filed as a misdemeanor if you possess at least 28g of marijuana in public or less than an ounce of hashish. The penalties for a first offense include the following:
- Drug rehabilitation
- $600 in court fines
A second offense is punishable by:
- $1000 court-imposed fines
- Drug rehabilitation
A third conviction attracts:
- No more than twelve months in jail
- At most, $2,000 in monetary fines
A fourth or subsequent crime is a category E felony punishable by probation or a suspended sentence. The sentence is increased to at most 48 months of incarceration and court fines of $5,000.
On top of the above penalties, you will face collateral consequences like losing employment or job opportunities because of your criminal record. Higher learning institutions like colleges and universities will also be reluctant to admit you because of your history.
Luckily, with the help of a Las Vegas bail bonds service, you can leave jail early after arrest and prepare adequately for a solid defense. The fact that you will return to work means you can earn enough money to hire an experienced attorney for a favorable outcome. Also, being out on bail means you will have enough time to evaluate the evidence with your attorney and find weaknesses you can exploit in your favor to avoid a conviction.
A possession of a controlled substance bail bond is essentially your best ticket out of jail compared to other options like cash bail. With a surety bond, the judge does not need to schedule a source hearing to determine the source of the money used by your bondsman to post bail. However, when you opt to pay cash bail, the judge can hold a source hearing to establish the source of the money used to pay bail. The hearing helps prove that the money is not from drug-related activity. Instead of going through this lengthy process to ascertain the source of the funds used for bail, you can rely on a bondsman to post bail on your behalf because they are authorized to offer the service.
Another crucial benefit of Las Vegas bail bonds is that you only pay a fraction (15%) of the total bail to exit jail. A PSC bail is often set high to discourage you from skipping jail, but unfortunately, many defendants cannot afford the money, forcing some to remain in prison. A surety bond makes pretrial release affordable.
What to do After a Pretrial Release
Once your Las Vegas bail bonds service has secured you an early ticket out of jail, you should not relax. You already understand how frustrating being behind bars is. A conviction will result in incarceration for years, so your primary focus should be preventing a sentence.
One crucial measure you should take after release is to obtain the conditions imposed by the court so that your bail is not revoked and you are sent back to jail.
Also, it would help if you stayed away from drug abuse or any form of possession because it can put you back in jail and, this time, with slim chances of obtaining bail.
Moreover, you must seek legal advice from your attorney. Take your time hiring an accomplished legal expert willing to understand your situation and prioritize your case. Look for an attorney familiar with possession of a controlled substance case and with a high success rate because they will help you avoid a conviction.
Lastly, ensure that you attend all your court proceedings punctually to show the court that you are dedicated to obeying the law and correcting your past mistakes.
Find an Experienced Bondsman Near Me
The consequences for controlled substances or narcotics possession are harsh, including incarceration and hefty fines. If you are wondering how much it will cost to exit jail awaiting trial, the amount will vary based on your case’s circumstances. Usually, the amount is too high for you to afford. When searching for bail bonds near me, you will find Express Bail Bonds. We can post bail on your behalf so you can leave jail and adequately prepare for your case. If you need our bail bonds service in Las Vegas, call us today at 702-633-2245 for a no-obligation consultation.