Strong Counsel From Our Omaha Drug Distribution Defense Attorneys
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.
Understanding Nebraska Drug Distribution Charges
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.
The Legal Process In Drug Distribution Cases
Here are the different stages involved in the criminal court process for drug distribution cases in Nebraska:
- Investigation and arrest: When the police witness or receive a report of a drug crime, they will conduct an investigation, gather evidence, obtain an arrest warrant from the court and make an arrest.
- Initial arraignment: This is the defendant’s first appearance in court. During the arraignment, the judge will read the charges filed against the defendant and the potential penalties. Also, the judge will advise the defendant of their rights, and they will be asked to make a plea.
- Bail: Bail will also be set at the initial arraignment if the judge deems it appropriate, depending on the nature of the crime. In felony drug distribution cases, a hearing may be required to set bail.
- Preliminary hearing: In a drug distribution case, the preliminary hearing may be required to determine if there is sufficient evidence against the accused person for the case to proceed to trial. The preliminary hearing may also include discoveries, motions, court appearances, exchanging evidence, interrogatories and plea negotiations. If your case isn’t resolved at this stage, it will proceed to trial.
- Trial: The drug distribution case may be tried by a judge or jury (comprising 12 county residents) to determine if the defendant is guilty or not guilty of the charges. During the court trial, both the prosecutor and defense counsel will make arguments, present evidence and interview witnesses. At the end of the trial, the judge or jury will issue a verdict.
- Sentencing: If the defendant is found guilty of the drug distribution charges, a date will be set for the sentencing hearing. The judge will issue an appropriate sentence based on the state’s sentencing guidelines.
The best way to protect your rights during these steps is to have the counsel of a criminal law attorney.
Nebraska’s Drug Laws And Sentencing Guidelines
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.
What Are Possible Drug Distribution Defenses?
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
- Civil 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.
Why Should I Have A Drug Crimes Lawyer?
Having effective legal representation when facing drug distribution charges is imperative to upholding your freedom. We have the diligence and expertise to guide and represent clients in their criminal cases. As your attorneys, we can investigate your case details and strategize a strong defense to help fight your charges. In addition, we will defend you aggressively at every phase of the court process and improve your prospects of a better tomorrow.
Get Strong Legal Support When You Need It Most
Facing drug distribution charges can be terrifying. Don’t face them alone. Contact Hug and Jacobs LLC, today to schedule a free case evaluation. To reach us, please call +1-402-513-7170 or send us an email.