Do I Need a Lawyer for a First Offense in Nevada?

If you’ve been charged with a crime for the first time — whether it’s a misdemeanor or felony — you might be wondering if it’s worth hiring a lawyer. After all, maybe you’re thinking, “It’s just my first offense… won’t the court go easy on me?”


The truth is, even first-time charges in Nevada can carry lasting consequences. Whether you were arrested in Douglas County, Washoe County, or anywhere else in Northern Nevada, it’s important to understand how the legal system works — and how quickly things can escalate without proper representation.


Here’s what you need to know about why hiring a criminal defense attorney for a first offense is not just smart — it’s essential.


First Offenses Are Still Criminal Charges


It’s a common misconception that first-time offenders get a “free pass.” While judges may sometimes show leniency to those with clean records, that’s not guaranteed — and it depends heavily on the type of charge, the circumstances, and how the case is presented.


Even for something like shoplifting, minor drug possession, or a first-time DUI, you’re facing real consequences: fines, probation, loss of your driver’s license, mandatory classes, or even jail time. A conviction goes on your criminal record, which can affect job applications, housing opportunities, professional licenses, and immigration status.


Having a lawyer helps ensure that one mistake doesn’t define your future.


What a Lawyer Can Do in a First-Time Case


An experienced criminal defense attorney does far more than just show up in court. From the beginning, your lawyer will:


  • Review the details of your arrest to check for violations of your rights (like illegal searches or lack of probable cause)
  • Advise you on how to plead — whether to fight the charge or negotiate for a reduced outcome
  • Speak to the prosecutor on your behalf, often working behind the scenes to resolve the case before it ever goes to trial
  • Pursue diversion programs or deferred sentencing if available, which can help you avoid a conviction altogether
  • Protect you from unknowingly saying or agreeing to something that harms your case


In short, your attorney becomes your advocate, your strategist, and your guide through a legal system that can be confusing — and unforgiving — if you try to navigate it alone.


Local Knowledge Matters


Court procedures and outcomes vary by county and even by judge. An attorney who knows the local courts in Douglas County and Washoe County will understand:


  • How different judges typically sentence first-time offenders
  • What types of plea deals local prosecutors are open to
  • What diversion or alternative programs may be available
  • How to get charges reduced or dismissed based on the court’s tendencies


This local knowledge can make a huge difference in the final outcome of your case.


Could You Represent Yourself?


Technically, yes — you have the right to represent yourself. But in practice, going it alone is risky, even for a first offense. Without legal training, you may not recognize flaws in the state’s case, missing out on opportunities to challenge evidence, negotiate better terms, or avoid a permanent mark on your record.


And unfortunately, once you plead guilty or no contest — even if you thought you were just trying to “get it over with” — that decision is difficult to undo. The consequences can follow you for years.


Hiring a lawyer is an investment in your future, your reputation, and your peace of mind.


Let Max Stovall Law Help You Move Forward


At Max Stovall Law, we believe one mistake shouldn’t derail your life. We’ve helped first-time clients across Northern Nevada — from Reno to Minden — navigate the criminal justice system, protect their records, and find outcomes that allow them to move forward.


Whether you’ve been charged with DUI, petty theft, drug possession, or another first-time offense, we’re here to fight for you — with compassion, clarity, and strength.


If you’re facing your first criminal charge, don’t wait until it’s too late. Contact us today for a free consultation and get the guidance you need to make smart decisions — from the very first step.

Possession With Intent to Sell in Nevada: What You Need to Know

By Max Stovall • August 11, 2025
In Nevada, there’s a big difference between simple drug possession and possession with intent to sell — and the penalties reflect it. If prosecutors believe you planned to sell, distribute, or even share drugs, the charges you face can escalate quickly from probation-eligible to prison-mandatory. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding how these cases are handled — and how prosecutors try to prove “intent” — is key to defending yourself. How Nevada Defines “Possession With Intent to Sell” Under Nevada law, you can be charged with possession with intent to sell if prosecutors believe you: Had a controlled substance in your possession, and Planned to sell, deliver, or distribute it Here’s the important part: You don’t have to be caught in the act of selling to face this charge. Intent can be based entirely on circumstantial evidence. What Counts as Evidence of Intent? Police and prosecutors may try to prove intent to sell by pointing to: The amount of drugs in your possession — more than what would typically be for personal use Packaging materials, like multiple small baggies or containers Large amounts of cash, especially in small bills Scales or other measuring devices Text messages, call logs, or social media messages suggesting drug transactions The presence of weapons alongside the drugs In other words, the same quantity of drugs could result in vastly different charges depending on how it’s packaged, stored, and what else is found with it. Penalties for Possession With Intent to Sell in Nevada Possession with intent to sell is a felony in Nevada, and penalties vary depending on the drug schedule and your prior record. For Schedule I or II drugs (like heroin, cocaine, or methamphetamine): First offense: Category D felony, 1–4 years in prison, fines up to $5,000 Second offense: Category C felony, 1–5 years in prison, fines up to $10,000 Third offense: Category B felony, 3–15 years in prison, fines up to $20,000 Lower schedules and marijuana have different penalty ranges, but the consequences are still severe — especially for repeat offenders. Possible Defenses An experienced defense attorney can challenge a possession with intent to sell charge in several ways: Arguing lack of intent — showing the drugs were for personal use, not for sale Challenging the search and seizure — if police violated your rights, the evidence could be suppressed Questioning the chain of custody — ensuring the drugs and evidence were handled properly from seizure to trial Pointing to insufficient evidence — if the state’s case is built on weak assumptions In some cases, your lawyer may negotiate a reduction from “intent to sell” down to simple possession, which often carries lighter penalties and may qualify you for probation or a diversion program. Local Courts, Local Strategies In Douglas County and Washoe County, possession with intent to sell cases are taken seriously by prosecutors and judges. But the details of your case — and the way it’s presented — matter. Local knowledge of how specific judges handle these charges, what diversion options exist, and how local prosecutors negotiate can make a significant difference in the outcome. Facing Drug Sale Allegations in Northern Nevada? We Can Help. At Max Stovall Law, we defend clients accused of drug crimes throughout Northern Nevada — from small-town arrests in Minden to large-scale investigations in Reno. We understand the high stakes and know how to challenge the evidence, protect your rights, and fight for your future. If you’ve been charged with possession with intent to sell, don’t wait until it’s too late to start building your defense. Contact us today for a free consultation — and let’s start protecting your future now.

Drug Possession Charges in Nevada: How Serious Are They?

By Max Stovall • August 6, 2025
Drug laws in Nevada have changed over the years, especially when it comes to marijuana. But make no mistake — being charged with drug possession is still a serious matter that can have lasting consequences. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a possession charge can impact your record, your freedom, and your future opportunities. Understanding how Nevada handles drug possession — and what you can do if you’ve been charged — is the first step toward protecting yourself. What Counts as “Possession” in Nevada? Under Nevada law, possession means having control over a controlled substance, whether it’s on your person, in your car, in your home, or even somewhere else you have access to. There are three main types of possession: Actual possession – Having the drugs physically on you, like in your pocket or backpack. Constructive possession – The drugs aren’t on you, but they’re in a place you control, like your car, apartment, or storage unit. Joint possession – Two or more people share control over the same drugs. It’s also important to note that you don’t have to own the drugs to be charged — simply having access to them can be enough for prosecutors to pursue a case. Controlled Substances in Nevada Nevada classifies drugs into five schedules, based on factors like medical use and potential for abuse. Schedule I drugs (heroin, LSD, MDMA) are considered the most serious, with no accepted medical use and high potential for abuse. Schedule II–V drugs include substances like methamphetamine, cocaine, prescription opioids, anabolic steroids, and certain anxiety medications — many of which are legal with a valid prescription but illegal to possess otherwise. Marijuana is treated differently from other controlled substances, but possession over the legal limit can still lead to criminal charges. Penalties for Drug Possession in Nevada The severity of a drug possession charge depends on: • The type and amount of the substance • Your criminal history • Whether prosecutors believe you intended to use the drugs personally or distribute them First-time possession of a Schedule I or II controlled substance (other than marijuana) is typically a Category E felony, punishable by 1–4 years in prison and fines up to $5,000. However, first-time offenders are often eligible for probation or drug court, which focuses on rehabilitation instead of jail. Possession with intent to sell , or trafficking larger amounts, results in far more severe charges and mandatory prison time. Marijuana Possession in Nevada For adults 21 and over, it’s legal to possess: • Up to 1 ounce of marijuana flower, or • Up to ⅛ ounce of concentrated cannabis (like edibles, oils, or waxes) Possessing more than the legal limit — or possessing any amount if you’re under 21 — can still lead to criminal charges. Selling marijuana without a license is also a felony. Defenses to Drug Possession Charges A strong defense can mean the difference between a conviction and a clean record. Depending on the facts, your attorney may challenge: • Whether the drugs actually belonged to you • How the drugs were found (illegal searches can make evidence inadmissible) • Whether law enforcement respected your constitutional rights during the arrest • The lab results confirming the substance In some cases, it’s possible to negotiate reduced charges, enter a diversion program, or have the case dismissed entirely. Why Legal Representation Matters Even if you think the charge is “minor” — especially for a first offense — a conviction can follow you for years. It can affect employment, housing, professional licenses, and your ability to obtain certain loans or benefits. An experienced Nevada criminal defense attorney knows the local courts, understands the programs available for first-time offenders, and can fight to protect your record and your future. Charged with Drug Possession in Douglas or Washoe County? We Can Help. At Max Stovall Law, we represent clients facing drug charges throughout Northern Nevada — from simple possession to serious trafficking cases. We know the stakes, we know the law, and we know how to fight for the best possible outcome. If you’ve been charged with drug possession, don’t wait until your court date to get help. Contact us today for a free consultation — and take the first step toward protecting your freedom and your future.