Omaha Drug Crimes Attorneys With decades Years Of Experience

Even though neighboring Colorado has legalized recreational marijuana use, that is not the case in Nebraska. In fact, police patrol I-80 from Colorado to see if any cannabis products are being smuggled into the state. Nebraska still maintains strict laws concerning not only marijuana but all controlled substances and penalties can be stiff. When it comes to drug and controlled substance enforcement, not only are state authorities involved, but also federal officials when the crime involves interstate activity or occurs on U.S. government property, including national parks.

If you or a loved one is being investigated for or charged with a drug-related crime in or around Omaha, contact us at Hug and Jacobs LLC. Our criminal defense lawyers have more than four decades of combined experience and will work collaboratively with you to develop a strategy to arrive at the best possible result.

Helping You Protect Your Future Against Federal Drug Crimes

Authorities at both the state and federal levels police for drug crimes in Nebraska. Possession, use, or distribution of illicit drugs is prohibited by federal law, as are manufacturing, selling and trafficking. The federal code is based on the Controlled Substances Act (CSA), which lists various drugs according to what are called schedules. Many of these substances are available by prescription, but if they are manufactured, sold, or distributed outside of pharmaceutical protocol, they can lead to federal charges.

For instance, drug trafficking in substances listed in Schedules I and II (except marijuana) can lead to not less than 5 years in prison and not more than 40 years for a first offense. If someone is seriously injured or dies as a result of the trafficking, the prison term is not less than 20 years, up to life. In addition, a fine of between $5 million and $25 million may be levied.

Drug Charges And Potential Penalties In Nebraska

Nebraska’s drug laws prohibit manufacturing, delivering, dispensing, or possessing any substance under the Controlled Substances Act. The penalties for a drug crime hinge on the intention of the person involved and the nature of the controlled substance:

Class III misdemeanor: Possession of one ounce and up to one pound of marijuana is a Class III misdemeanor. Class III misdemeanors are punishable by up to three months in jail and/or a fine of up to $500.
Class II felony: A prohibited act is a Class II felony if the substance is listed in Schedules I, II or III. A Class II felony is punishable by up to 50 years in prison with a one-year minimum mandatory sentence.
Class IIA felony: If the substance is listed in the first three schedules, then it is a Class IIA felony. A Class IIA felony is punishable by up to 20 years with no mandatory minimum.
Class IIIA felony: It is a Class IIIA felony if the substance is marijuana or is listed in Schedules IV or V. A Class IIIA felony is punishable by a maximum three-year prison term with a maximum of 18 months of supervised release.
Class IV felony: Simple possession of any drug except marijuana is a Class IV felony. A Class IV felony can result in a maximum two-year prison term and up to one year of supervised release.

There are also federal consequences for a felony conviction, including losing gun ownership rights.

Drug Distribution/Possession with the Intent to Deliver/Distribute

In the state of Nebraska, it is an offense for any individual to knowingly deliver or distribute a controlled substance or illicit drug without proper authorization. Unfortunately, a person charged with drug distribution may be subject to devastating penalties, a criminal record and other life-altering ramifications. Your reputation, freedom, career and future are on the line.

If you’re under investigation for distributing illicit drugs, retaining a knowledgeable Nebraska criminal defense attorney is imperative to help build your case. At Hug and Jacobs LLC, we’re dedicated to providing comprehensive guidance and skilled representation to clients facing drug distribution charges. Our reliable legal team can investigate every aspect of your case and strategize a solid defense to fight your charges. We proudly represent alleged defendants across Omaha and throughout the surrounding areas of Nebraska. If you’ve been arrested and charged with a drug distribution offense, you need to reach out to our dependable criminal defense lawyers right away.

What is Distribution

Drug distribution involves the manufacture, sale, transfer and exchange of illegal drugs. Under Nebraska law – Nebraska Revised Statute Section 28-416 (1) – except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any individual to intentionally or knowingly:

Manufacture, deliver, distribute, dispense, or possess with intent to manufacture, deliver, distribute or dispense a controlled substance.
Distribute, create or possess with the intent to distribute a counterfeit controlled substance.

Your drug distribution defense lawyer can determine the nature of your charges and enlighten you about the legal process for your case.

Nebraska Penalties for Distribution

According to Nebraska sentencing guidelines, here are the possible penalties for drug distribution:

Class II felony: Drug distribution involving a controlled substance categorized under Schedule I, II or III that is considered an exceptionally hazardous drug shall be charged as a Class II felony. Punishable by up to 50 years imprisonment.
Class IIA felony: Drug distribution involving any other controlled substance categorized under Schedule I, II or III shall be charged as a Class IIA felony. Punishable by up to 20 years imprisonment.
Class IIIA felony: Drug distribution involving a controlled substance categorized under Schedule IV or V shall be charged as a Class IIIA felony. Punishable by up to three years imprisonment and/or a fine of $10,000.

In addition to these penalties, the defendant may face other lifelong consequences, including a criminal record, loss of voting rights, and increased difficulties in getting a job, housing, public benefits, financial loans and scholarships. Hence, you need to hire a dependable lawyer immediately to help build your defense strategy.

Possible Defense for Drug Distribution Offenses

When facing drug distribution charges, your attorney can help fight these false allegations using any of the following legal defenses:

No intent to distribute
Evidence was unlawfully obtained
Lack of possession
Lack of intent to sell or distribute
Entrapment
Flawed substance testing procedures
Lack of witness credibility
Rights violations during the arrest
Evidence was contaminated or compromised

An experienced Nebraska drug distribution attorney can outline a solid defense strategy to fight your charges and help you avoid the devastating punishments of a conviction.

The Importance Of A Nebraska Criminal Defense Attorney

The moment you’re taken in for questioning, you need to begin your defense. The best way to begin is by heeding your Fifth Amendment right to remain silent and exercising your Sixth Amendment right to be represented by a criminal defense attorney. Don’t answer questions until you’ve contacted us, and we can advise and represent you.

Book Your Free 30 Minute Consultation

Protecting your rights requires a powerful legal team. Our firm is ready to defend your constitutional freedoms through vigorous courtroom work.

209 S. 19th St., Suite 340

Omaha, Nebraska

402.614.6160