Tag Archives: Arrest

Nevada Prescription Drug Abuse

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Nevada Prescription Drug Abuse

Prescription drug dependency and abuse has become a nationwide health epidemic claiming approximately 50 lives each day and over 16,000 lives each year. Compared to national averages:

  • Nevada ties as one of the top states in writing painkiller prescriptions
  • Nevadans consume over two times as many prescription drugs as any other state; and
  • Clark County has more deaths by drug overdose from prescription narcotics than by any other street drug

The ease of obtaining a prescription and the lack of transparency in prescription drug history are both to blame for the prescription drug abuse epidemic.

New Law SB288

Senate Bill No. 288 was created in an attempt to combat the rise in prescription drug abuse by monitoring prescription history. The Bill proposed that all authorized personnel who handle commercially manufactured prescription narcotics be granted access to a prescription drug database, and required to maintain access to this database by logging in at least twice a year.

It also granted the State Board of Pharmacy and the Investigation Division of the Department of Public Safety the authority to discipline those who failed to comply. These new requirements for those authorized to write and fill prescriptions would help support the National Drug Control Strategy. After months of revisions, Senate Bill 288 was passed and went into effect as NRS 453.1545 on January 1, 2016

NRS 453.1545  outlined the state’s computerized prescription monitoring program (PMP) requirements:

  1. Board of Pharmacy Registrants who prescribe controlled substances are required to register with the PMP
  2. Board of Pharmacy Registrants registered with the PMP are required to monitor the system and view
  3. Provision’s to NRS 453.1545 are enforceable by the occupational licensing boards within that state

The new law tightens regulations on doctors, pharmacist, and other medical personnel to ensure that they are using the prescription monitoring database to track drug prescriptions as well as flag cases of potential drug abuse.

Prescription Pill Offenses

Contrary to popular belief, charges for possession of a controlled substance (which includes prescription pills) is very serious offense in Nevada. Types of arrest for prescription pill offenses include:

  • doctor shopping
  • possession of a medication without proof of a prescription
  • illegal possession of medication; and
  • prescription fraud

Individuals charged with prescription pill fraud can result in:

  • a category C felony for doctor shopping punishable by a 1-5 year prison sentence and fined up to $10,000
  • First and Second convictions for illegal possession of prescriptions is punishable by a category E felony punishable by 1-4 year prison sentence
  • Three or more conviction for illegal possession of prescription pills can result in a category D felony punishable by a 1-4 year prison sentence and/or a fine up to $20,000

Additionally, doctors and medical personnel who are charged with prescription pill offenses in Nevada can be charged with a category C felony punishable by a1-5 year prison sentence and fined up to $10,000.

Conclusion

In the state of Nevada, drug crimes are not treated leniently, and penalties for the sale, use or possession of controlled substances can be harsh.

If you have been arrested and charged with prescription fraud, illegal possession of a prescription or doctor shopping in Clark County or the surrounding areas, contact the Law Office of Joel M. Mann to discuss your criminal charges.

Joel Mann is an experienced Las Vegas drug lawyer who will do everything in his power to help you achieve the most desirable outcome in your situation. Call (702) 474-6266 today for a free consultation about your alleged drug crime in Las Vegas.

Don’t End Your Summer with DUI Arrest: Las Vegas Police to Use Checkpoints, Saturation Patrols This Weekend

SobrietyCheck

Whereas Memorial Day is the first major holiday weekend of the year in the United States that is frequently considered the start of summer, Labor Day is generally viewed as the last holiday weekend of the season when the days are their longest. As a result, many people throughout the greater Las Vegas area will be looking forward to one last outdoor barbecue or one more late night out that probably involves more than one alcoholic beverage.

The inclination to relax and have additional drinks increases the likelihood of motorists driving under the influence (DUI). As a result, the Las Vegas Metropolitan Police Department (LVMPD) has already stated that it is planning sobriety checkpoints and saturation patrols throughout the Valley for two days of the holiday weekend.

While the number of total DUI arrests by the LVMPD has seen a steady decline since 2012, do not think that this means police officers are not still actively looking for drunk drivers. This past February, Lt. Todd Raybuck of the LVMPD told KNPR-FM that a large majority of DUI arrests are southern Nevada citizens, with officers frequently catching people driving drunk between the Vegas Strip and valley neighborhoods.

It is in your best interest to plan ahead before any activities that will involve alcohol consumption this weekend. Try to arrange a ride or cab if you will be drinking, but it can be even better if you are able to completely stay off the road. Even if you are not planning on drinking, you will still share the road with others who probably have.

The combined efforts of checkpoints and saturations patrols will increase police presence to help stop more alleged drunk drivers. DUI checkpoints are referred to in the Nevada Revised Statutes (NRS) as “administrative roadblocks.” Under NRS 484B.570, such roadblocks must satisfy the following requirements:

  • The roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction;
  • A sign must be placed near the centerline of the highway at the entrance to the roadblock displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the administrative roadblock, either in daytime or darkness;
  • At least one red flashing or intermittent light, on and burning, must be placed at the side of the highway at the entrance to the roadblock, clearly visible to the oncoming traffic at a distance of not less than 100 yards; and
  • Warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead, and a burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the signs (the signs must be placed at a distance of not less than one-quarter of a mile from the entrance to the roadblock if it is in a rural area or 700 feet from the entrance to the roadblock if it is in an urban area).

Saturation patrols, on the other hand, involve large numbers of officers being deployed to specific roadways. Between the obvious checkpoints and the visible increased police presence of saturation patrols, the hope is that many people are discouraged from even getting behind the wheel after consuming alcohol.

If you are planning on drinking this Labor Day weekend, the one surefire way that you can absolutely guarantee you will not be arrested for DUI is to simply not drive drunk. Should you have anything to drink, either stay where you are or arrange to have somebody pick you up.

In the event you have been arrested because you misjudged the amount of alcohol you consumed or you believe the breath test used by police officers produced a false positive, you should immediately contact an experienced Las Vegas DUI attorney. An arrest for drunk driving is not the same as a conviction, and a lawyer can fully investigate your case to determine whether a checkpoint was illegally set up or some other law enforcement error could result in your charges being dismissed.

Supreme Court Hears Case on Whether Officer’s Mistake of Law Justifies Traffic Stop

Traffic ViolationThe U.S. Supreme Court heard oral arguments Monday on Heien v. North Carolina, a case involving whether police officers can justify a traffic stop due to a reasonable belief of the law that is inaccurate. The case could have implications

In the case, an officer in North Carolina pulled over a driver who only had one brake light working. The brake light malfunction was cited as the reason for the stop. During the stop, the officer searched the car and found cocaine. The driver was charged with cocaine trafficking and cited for the broken brake light.

However, North Carolina law only requires a driver to have “a stop lamp.” It is not, therefore, against the law to driver with only one brake light working. The officer had made the stop on the basis of a mistaken belief about what the law says.

The case was appealed in state court. The appeals court found that the mistaken belief that the driver had committed a traffic violation did not warrant “objectively reasonable justification” for a traffic stop. The North Carolina Supreme Court disagreed, saying the officer’s mistake was “reasonable” and therefore justified reasonable suspicion.

The matter before the U.S. Supreme Court now is whether a perceived violation of the law can be sufficient grounds to give officers reasonable suspicion to conduct a stop. The implications of their decision could extend to whether a similar mistake could give probable cause to conduct a search or make an arrest.

If the Court rules that a mistake in law can lead to a reasonable suspicion, traffic stops would be significantly affected, as demonstrated by the case Heien is based upon. Traffic laws are complex, and it would be easy for a police officer to make a mistake about vehicle requirements or any of the other myriad laws that regulate motor vehicles and how they are operated under the law.

A traffic stop can lead to drug arrests, DUI arrests and many other criminal charges.

The implications may extend beyond traffic stops, though. Gun rights groups filed a brief siding with the defendant, in part because weapons laws are similarly technical and could lead to searches and stops based on officers’ mistakes on the law.

The case may have profound implications on police’s ability to make stops that often lead to arrests on more serious charges. According to observers, the justices seemed split on their leanings during oral arguments.

 

Know Your Rights During an Arrest at the Las Vegas Electric Daisy Carnival

The 16th Annual Electric Daisy Carnival (EDC) will be taking place over the weekend, from June 8th to the 10th. This will be the second year the electronic dance music festival has been held in Las Vegas and it will once again use the Las Vegas Motor Speedway as the primary location. In 2011, the event drew roughly 240,000 people. This year, the event is expected to attract about 350,000 music lovers.

Along with increased attendance comes heightened scrutiny by the Las Vegas Metropolitan Police Department and the Nevada Highway Patrol. They will most certainly be on the lookout for illegal behavior that can take place at large scale festivals such as the EDC. This commonly includes offenses such as:

  • Driving Under the Influence, DUI (NRS 484.379)
  • Driving Under the Influence of Drugs, DUI, Drugged Driving (NRS 484C.110)
  • Marijuana Possession (NRS 453.336)
  • Possession of Drug Paraphernalia (NRS 453.566)
  • Possession of a Controlled Substance (NRS 453.336)
  • Drug Possession for the Purpose of Sale (NRS 453.337-8)
  • Assault (NRS 200.471)
  • Battery (NRS 200.481)
  • Sexual Assault (NRS 200.366)
  • Indecent Exposure (NRS 201.220)
  • And other Nevada misdemeanor or felony offenses

Unless you are under arrest, you are not required to consent to a search of your person unless the officer has a search warrant or reasonable suspicion that you are carrying a weapon. Acknowledging this, if the officer asks you to empty your pockets or bags, you have the right to say no unless he or she has probable cause to believe you possess weapons. However, if you are entering a venue and they ask to search your person and you decline they can refuse your entry into the venue. Be aware that you have the right to not be search without a warrant, but there may be consequences for exercising that right.

Keep the following points in mind if you find yourself in the unfortunate situation of being arrested at the 2012 Electronic Daisy Carnival in Las Vegas this weekend:

  • Do not ignore the officer’s request for you to stop, whether you are driving or standing.
  • You may ask if you are under arrest or not. If you are not under arrest, calmly ask the officer if you may leave.
  • Treat the officer with respect and do not antagonize or argue with him or her, even if you think the arrest is unfair.
  • Even if you want to explain to the officer the situation and your innocence, it is in your best interest to remain silent after providing your name and address. In the confusion, you may accidently misspeak, omit details, or otherwise endanger your case accidentally.  So it is better that you just remain silent.
  • You do have a right to speak with your attorney before questioning. If you cannot afford an attorney, ask the officer for a court appointed attorney. If you are under the age of 18, you also have the right to have a parent or guardian present during police questioning.
  • Do not answer the officer’s questions until you speak with your attorney, even if you are promised leniency. The officer does not have the authority to make any special deals.

Of course, it is possible for a law enforcement officer to infringe upon your rights during an arrest or even make an erroneous judgment. However, the arrest is not the time to protest your rights. Instead, remain calm and document as many details as possible, from the law enforcement officers involved to any witnesses present. Your Las Vegas criminal lawyer can help you understand your legal options and use every detail surrounding your situation to build a strong case in your defense.

Remember to stay safe at the Las Vegas Electronic Daisy Carnival this weekend and know your rights.

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