Drug Possession Attorney in Omaha, Nebraska
Drug possession laws can be confusing and intimidating, especially when you're dealing with the criminal justice system for the first time. As a criminal defense attorney, I want to share what I've learned about drug possession laws in Nebraska. Understanding these laws can be crucial, especially if you're facing charges and need to prepare for a solid criminal defense.
Understanding Drug Possession in Nebraska
First and foremost, it's essential to understand what drug possession actually means under Nebraska law. In the simplest terms, drug possession occurs when you knowingly have illegal substances in your possession. This can include a variety of drugs, from marijuana to methamphetamine. The type and amount of the drug in your possession will significantly impact the severity of the charges and the potential penalties you might face.
Nebraska law classifies controlled substances into different schedules, ranging from Schedule I to Schedule V, based on their potential for abuse and accepted medical use. Schedule I drugs, like heroin and LSD, are considered the most dangerous and carry the harshest penalties. On the other hand, Schedule V drugs have the lowest potential for abuse and are often prescribed for medical use.
Types of Drug Possession Charges
Nebraska distinguishes between two main types of drug possession charges: simple possession and possession with intent to distribute. Simple possession typically means having a small amount of a controlled substance for personal use. In contrast, possession with intent to distribute involves possessing a larger quantity of drugs, suggesting you planned to sell or distribute them.
If you're caught with a controlled substance, the type and amount will determine whether you're charged with simple possession or intent to distribute. For example, being found with a few grams of marijuana may lead to a misdemeanor charge, while having several ounces could result in a felony charge for possession with intent to distribute. In any case, having a strong criminal defense strategy is crucial to protect your rights.
Potential Penalties for Drug Possession
The penalties for drug possession in Nebraska can be severe, depending on various factors such as the type of drug, the amount, your prior criminal record, and whether the offense occurred near a school or other protected area. Here’s a general overview of potential penalties:
Misdemeanor Possession: For first-time offenders with small amounts of less dangerous drugs, penalties may include fines, probation, and mandatory drug education or treatment programs. However, even misdemeanor convictions can result in jail time, especially for repeat offenders.
Felony Possession: Possessing larger quantities or more dangerous substances can result in felony charges, which carry much harsher penalties. Felony possession can lead to significant prison time, hefty fines, and a permanent criminal record that impacts future employment, housing, and other opportunities.
Possession with Intent to Distribute: If you're charged with possession with intent to distribute, the penalties increase substantially. Depending on the quantity and type of drug, you could face several years to life in prison, along with substantial fines. Having a knowledgeable criminal defense attorney is vital in these situations, as they can challenge the evidence and argue for reduced charges or penalties.
Defending Against Drug Possession Charges
If you’re facing drug possession charges, you might feel overwhelmed and unsure of what to do next. The good news is that there are several defense strategies that a skilled criminal defense attorney can employ to fight the charges. Here are some common defenses:
Lack of Knowledge: One potential defense is arguing that you were unaware that the drugs were in your possession. This can be particularly relevant if you were in a vehicle or home where drugs were found but didn't know they were there.
Unlawful Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted an illegal search without a warrant or probable cause, any evidence found could be inadmissible in court. An experienced criminal defense attorney will thoroughly review the circumstances of your arrest to identify any violations of your rights.
Lack of Intent: In cases involving possession with intent to distribute, your attorney may argue that you had no intention of selling or distributing the drugs. This could involve challenging the prosecution's evidence or demonstrating that the amount of drugs found was consistent with personal use.
Entrapment: In some cases, law enforcement may have used undercover officers or informants to entice you into committing a drug offense that you otherwise wouldn’t have committed. If this is the case, your attorney can argue that you were entrapped, and the charges should be dismissed.
The Importance of a Strong Criminal Defense
When it comes to drug possession charges, having a strong criminal defense is essential. Even if you think the evidence against you is overwhelming, there are often ways to challenge the prosecution's case and negotiate for reduced charges or penalties. A knowledgeable attorney will be familiar with Nebraska's drug laws and can provide the guidance and support you need during this challenging time.
One of the first steps in building a strong criminal defense is to gather as much information as possible about your case. This includes obtaining copies of the police report, witness statements, and any other relevant evidence. Your attorney will use this information to identify weaknesses in the prosecution's case and develop a defense strategy tailored to your specific situation.
Plea Bargaining and Alternative Sentencing
In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. A plea bargain involves pleading guilty to a lesser charge in exchange for a reduced sentence or other concessions. This can be a viable option if the evidence against you is strong and you want to avoid the uncertainty of a trial.
Nebraska also offers alternative sentencing options for certain drug offenses, particularly for first-time offenders. These options may include drug diversion programs, probation, or drug court, which focuses on rehabilitation rather than punishment. Participating in an alternative sentencing program can help you avoid a criminal conviction and provide you with the support you need to overcome substance abuse issues.
The Long-Term Impact of a Drug Possession Conviction
A drug possession conviction can have far-reaching consequences beyond the immediate legal penalties. A criminal record can affect your ability to find employment, secure housing, and obtain financial aid for education. It can also result in the loss of certain civil rights, such as the right to vote or own a firearm.
That’s why it’s so important to take drug possession charges seriously and work with a skilled criminal defense attorney to minimize the impact on your future. Even if you’re convicted, there may be opportunities to expunge or seal your record, depending on the circumstances of your case. Your attorney can advise you on the best course of action to protect your rights and future prospects.
Understanding Nebraska's Drug Laws
Nebraska's drug laws are challenging and can vary depending on the specific circumstances of each case. For example, the state has decriminalized the possession of small amounts of marijuana for personal use, meaning that first-time offenders caught with less than an ounce of marijuana typically face a civil infraction rather than criminal charges. However, possessing larger quantities or more dangerous drugs can still result in severe penalties.
It’s also worth noting that Nebraska has a zero-tolerance policy for drugged driving. If you’re caught driving under the influence of drugs, you could face serious consequences, including license suspension, fines, and even jail time. Understanding these laws is crucial for anyone facing drug possession charges in Nebraska, as they can have a significant impact on your case and potential penalties.
Seeking Legal Help
Facing drug possession charges can be an overwhelming and stressful experience, but you don’t have to go through it alone. Seeking the help of an experienced criminal defense attorney can make all the difference in the outcome of your case. Your attorney will provide the guidance, support, and representation you need to traverse the legal system and protect your rights.
Whether you’re facing misdemeanor or felony charges, it’s essential to act quickly and seek legal help as soon as possible. The sooner you have an attorney on your side, the better your chances of building a strong defense and achieving a favorable outcome. Remember, you have rights, and with the right legal help, you can fight back against drug possession charges and move forward with your life.
Speak to a Criminal Defense Attorney
Understanding drug possession in Nebraska is crucial for anyone facing charges. From the types of possession charges to potential penalties and defense strategies, there’s a lot to consider. Having a strong criminal defense can make all the difference, whether you’re negotiating a plea bargain, seeking alternative sentencing, or fighting the charges in court.
If you or someone you know is facing drug possession charges in Nebraska, don’t hesitate to reach out for legal assistance. A knowledgeable criminal defense attorney like me, Greg Nelson, Attorney at Law, can help you understand your options, build a strong defense, and work toward the best possible outcome for your case. Remember, facing drug possession charges is a serious matter, but with the right support, you can protect your rights and your future.
I'm an experienced criminal defense attorney based in Omaha, Nebraska. I earned my law degree from the University of Kansas in 1999 and have been practicing law in Nebraska since 2004, following six years as a prosecutor. I'm a member of the Omaha Bar Association, Nebraska Bar Association, and Nebraska Criminal Defense Attorneys Association. I offer legal representation for various criminal defense cases and emphasizes accessible, personalized service. I serve clients in Omaha, Nebraska and across the state, including Sarpy County, Saunders County, Dodge County, and Washington County.