For anyone charged with either mere possession of methamphetamine or possession with intent to distribute methamphetamine in the state courts of Nebraska, the situation undoubtedly seems insurmountable. However, the criminal defense attorneys at Berry law are here to help guide you through the legal process, ensuring that all legal remedies are explored.
Under Nebraska law, people may face severe penalties when found to be in possession of methamphetamine, particularly when the government proves that the defendant intended to manufacture, distribute, or deliver the methamphetamine. While possession of a smaller, “user” amount of methamphetamine is also a crime that can result in probation or even prison, possession of methamphetamine “with intent to distribute” introduces additional penalties. These may include long terms of incarceration and mandatory minimum sentences of five, ten, or even fifteen years in prison.
The first line of defense against a charge of either methamphetamine possession or methamphetamine distribution is the employment of a zealous legal professional. The experienced criminal defense attorneys at Berry Law are knowledgeable in Nebraska and federal drug laws, and will assist you as you exercise your constitutional rights and hold the prosecution to its burden of proof.
Contact a criminal defense attorney at Berry Law today to begin the fight for your freedoms and ensure that your constitutional rights are protected.
Methamphetamine Possession vs. Methamphetamine Possession with Intent to Distribute in Nebraska’s State Courts
In Nebraska, it is illegal to possess methamphetamine under any circumstances, even in miniscule amounts, such as residue on a pipe. Methamphetamine is a Schedule I controlled substance under Nebraska Revised Statute § 28-405, thus possession of even small amounts will result in a charge of at least a Class IV felony, which is punishable by between zero and two years in prison, with up to twelve months of post-release supervision, and up to a $10,000 fine, or all of the above. See Neb. Rev. Stat. §§ 28-416(3) and 28-105(1).
According to Nebraska Revised Statutes § 28-416(1), it is illegal “for any person knowingly or intentionally. . . possess with intent to manufacture, distribute, deliver, or dispense a controlled substance.” If the controlled substance in question is methamphetamine, then a conviction of possession of methamphetamine with intent to distribute will result in a charge of a Class II felony, at minimum [Neb. Rev. Stat. § 28-416(2)]. A Class II felony carries a potential penalty of anywhere between one and fifty years in prison [Neb. Rev. Stat. 28-105(1)].
However, there are enhanced penalties depending on the amount of methamphetamine possessed with intent to distribute or where the intended distribution of the methamphetamine occurred. For example, if a person is eighteen years old or older and is convicted of intent to distribute methamphetamine “(i) to a person under the age of eighteen years, (ii) in, on, or within one thousand feet of a [playground, school, or college/university], or within one hundred feet of a [youth center, swimming pool, or video arcade,]” then the penalty classification increases to the next highest classification each time the offense is committed in these areas. This may eventually result in a classification increase up to a Class IB felony. Neb. Rev. Stat. § 28-416(4).
Another methamphetamine distribution offense that may result in a Class IB felony charge is possession with intent to distribute more than 140 grams of methamphetamine. Intent to distribute at least 28 grams but less than 140 grams may result in a Class IC felony charge, and intent to distribute at least ten grams but less than 28 grams may result in a Class ID felony. Neb. Rev. Stat. § 28-416(10)
Under Nebraska law, Class ID, IC, and IB felony charges all carry mandatory minimum prison sentences. Mandatory minimum prison sentences are particularly concerning because a judge has no discretion to impose a sentence any lower than the mandatory minimum. Probation is not an option for the judge when a mandatory minimum sentence must be imposed under the relevant statute. No good time will be awarded to an inmate serving a mandatory minimum sentence until the portion of the inmate’s sentence comprising the mandatory minimum is completed.
A Class ID felony carries a mandatory minimum of three years in prison with a maximum of 50 years. A Class IC felony carries a mandatory minimum of five years in prison with a maximum of 50 years. Finally, a Class IB felony carries a minimum sentence of 20 years’ imprisonment to a maximum of life imprisonment, with a mandatory minimum of 15 years’ imprisonment. In the case of a Class IB felony, this means the defendant will serve every day of at least 17 ½ years in prison at minimum. Of course, the judge may impose significantly more incarceration than this, including up to life in prison. Neb. Rev. Stat. § 28-105(1).
What should I do if I’m facing a charge for possession or distribution of methamphetamine?
You should not attempt to fight Nebraska charges of methamphetamine possession or distribution alone. Lawyers who have extensive experience representing clients in methamphetamine distribution cases are best equipped to assist you in attacking the State’s evidence that you possessed or intended to distribute methamphetamine. Every case is different and outcomes will vary between cases, but employing an attorney well-versed in the defense of methamphetamine charges will increase your chances of obtaining a favorable outcome, one that might avoid mandatory minimum prison sentences, or any sentence for that matter.
If you are charged with methamphetamine possession or distribution, do not wait to get legal help. Contact an attorney at Berry Law today.
Contact a Berry Law Attorney
Being the center of an investigation involving methamphetamine charges is never easy. The good news is that you 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 representing clients accused of methamphetamine possession and distribution in the State courts of Nebraska. They have been fighting for the rights of their clients in Nebraska since 1965. If you have been charged in a methamphetamine 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!
