Omaha Drug Possession with Intent to Distribute
Facing charges of Omaha drug possession with intent to distribute can be stressful and scary, but the criminal defense attorneys at Berry Law are here to help guide you through the legal process, ensuring that all legal remedies are explored.
The Nebraska legislature places harsh penalties on those found to be in possession of a controlled substance with the intent to distribute. While drug possession itself is a crime that can result in fines and other penalties, the enhancement of “with intent to distribute” introduces additional fines and penalties that you need to be aware of.
The best first step to successfully defending against charges of drug possession with intent to distribute is to consult a legal professional. The experienced criminal defense attorneys at Berry Law are knowledgeable in Nebraska’s drug laws and will assist you in finding the most favorable resolution possible.
Contact a criminal defense attorney at Berry Law today to begin the fight for your freedoms and ensure that your constitutional rights are protected.
Drug Possession with Intent to Distribute in Omaha
In Nebraska, it is illegal to possess a controlled substance with few exceptions. Pursuant to Nebraska Revised Statutes § 28-416(3), one such exception is if the “substance was obtained directly or pursuant to a medical order issued by a practitioner authorized to prescribe.” While possession of a controlled substance is a lesser-included offense of distribution of the controlled substance, State v. Draganescu, 755 N.W.2d 57 (NE 2008), things get more complicated is when someone is charged with having an “intent to distribute.”
According to Nebraska Revised Statutes § 28-416(1), it is illegal “for any person knowingly or intentionally…to possess with intent to manufacture, distribute, deliver, or dispense a controlled substance.” In Nebraska, the penalty for drug possession with intent to distribute varies depending on how the substance is classified. If the substance is a Schedule I, II, or III as defined by Nebraska Revised Statute § 28-405, then possession of the substance with intent to “manufacture, distribute, deliver, or dispense” carries a minimum penalty of one year imprisonment and maximum of fifty years pursuant to Nebraska Revised Statute § 28-105, assuming imprisonment is imposed.
It is important to note that every case and every circumstance is different, and there is no “one size fits all” approach to a charge of drug possession with intent to distribute or to the potential penalties associated. It is crucial to seek out legal advice early on in your case to best explore the legal remedies available to you and your unique circumstances.
Proving “with Intent To Distribute”
As with any criminal offense, the burden of proof always rests with the State. While a core tenant of our justice system is that the defendant is presumed innocent until the prosecution proves the defendant guilty beyond a reasonable doubt, a defendant’s aggressive defense can mean presentation of evidence exploiting holes in the prosecution’s case. The criminal defense attorneys at Berry Law are here to help ensure that your rights are respected by crafting a uniquely tailored defense to your needs.
Regarding the evidence the State must present to prove the element of possession with intent to distribute, “unless a statute specifically provides otherwise, the quantity possessed of a controlled substance is not an essential element of the crime,” according to State v. Thompson, 505 N.W.2d 673 (Neb 1993). Thus, in some circumstances, possession of even the smallest amount can be sufficient for the State to charge possession with intent to distribute.
However, the State must nonetheless prove the “intent” element. Nebraska Revised Statute § 28-416(1) establishes the intent required for conviction as “knowingly or intentionally”. In some cases, “circumstantial evidence that a defendant received controlled substances in amounts larger than are typically associated with personal use can be sufficient to support a finding of intent to distribute,” according to State v. Worthman, 971 N.W.2d 785 (Neb 2022). In other cases, the State may attempt to develop additional evidence demonstrating intent, such as “the equipment and supplies found with it…[and] the manner of packaging,” according to State v. Draganescu, 755 N.W.2d 57 (Neb 2008).
How to Fight the Charges for Omaha Drug Possession with Intent to Distribute
You should not attempt to fight drug possession with intent to distribute charges alone. Lawyers who specialize in drug distribution cases are best equipped to assist you in attacking the State’s proofs in support of their claim that you intended to distribute controlled substances. This defense strategy is crucial in helping you potentially obtain a reduction of the charges against you, or perhaps even a dismissal of one or more charges. Again, every case is different, and these outcomes are not always available in all cases, but employing an attorney well-versed in the defense of drug distribution charges will increase your chances of obtaining a favorable outcome such as this.
If you are charged with possession, do not wait to get legal help. Contact an attorney at Berry Law today.
Contact a Berry Law Attorney
Being the center of a criminal investigation is never easy. Often, it is one of the most challenging times in a person’s life. Thankfully, citizens are afforded numerous protections derived from the Constitution, statutes, and case law designed to safeguard your freedoms from abuse of power by the government.
The criminal defense attorneys at Berry Law are well-versed in handling drug possession cases and have fought for the rights of their clients since 1965. If you have been charged in a drug case or any other criminal matter, do not hesitate to call (888) 682-0751 or contact an attorney online to answer any questions and start the process of protecting your constitutional rights and safeguarding your freedoms! We are here to help and fight for you!
