Drug distribution is taken more seriously than simple drug possession because law enforcement seeks to punish those who are involved in the sale and distribution of drugs more harshly than somebody who is addicted to those drugs. The overall theory is that distribution is a more significant threat to society than one person’s addiction.
Omaha law enforcement is aggressively trying to make arrests for those suspected to be involved in the distribution or manufacturing of controlled substances in our area. Because of the serious implications you can face if you are charged with a drug-related offense, your first step after an arrest should be to contact an Omaha drug distribution lawyer at Berry Law.
If you are facing charges of drug distribution, you will have to make several important decisions quickly. Reach out to our dedicated drug attorneys who can explain how the law works, the potential penalties that different drug charges can carry, and your specific legal rights. Don’t try to defend yourself against serious drug charges. Turn to an experienced Omaha drug distribution attorney at Berry Law who can fight for you.
What Aggravating Factors Can Be Involved in a Omaha Drug Distribution Charge?
The most important aggravating factor, which increases the severity of a drug distribution charge in Omaha, depends on the amount of drugs involved. When greater weights or amounts of a controlled substance are involved, the criminal charges can become more serious.
Other aggravating factors that could lead to more severe consequences include whether firearms were involved or present at the arrest, if the crime occurred near a school, or if the accused person has prior serious convictions.
Understanding the Potential Constitutional Issues that May be Involved in Drug Charges
The most common constitutional issue in Omaha drug distribution cases involves the Fourth Amendment which grants all people the right to be free from an unreasonable search and seizure. For example, during a traffic stop, an officer might try to look into and search your vehicle. However, you have the right to refuse an officer’s request to search your car without further legal grounds in some situations.
Your Fourth Amendment right to privacy could also be in jeopardy if an officer attempts to access your cellphone data while detaining you under the suspicion of drug distribution. In general, police officers making a typical traffic stop are not allowed to search for certain bits of evidence without probably cause or a search warrant.
The laws are complicated, so it’s best to discuss your unique circumstances with a knowledgeable Omaha criminal defense lawyer to know if your rights were violated during your arrest.
Other constitutional issues that might arise involve Miranda rights, which allow you to remain silent during police questioning. You should be careful not to waive your Miranda rights or to make incriminating statements, as police could try to mislead you by convincing you that they are there to help you out.
Again, it is best to reach out to a skilled Omaha drug distribution attorney and let the lawyer communicate with law enforcement on your behalf.
What Evidence is Needed to Prove Drug Distribution Charges?
To prove drug distribution charges, the prosecution’s evidence can vary wildly depending on the situation. The prosecution could present evidence showing the amount of the controlled substance in the defendant’s possession, how much money the defendant was carrying, whether the accused had bags, rubber bands, or other supplies that would demonstrate their intent to repackage and break up the quantity of controlled substance, and other evidence in support of the criminal charge.
The element that is generally contested at trial is whether a person possessed a controlled substance with the intent to distribute it instead of personally using it. The element of intent can be difficult for the prosecution to prove depending on the evidence involved. This is one area where a skilled drug defense attorney can make an impact during the trial or plea negotiations in your case.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
When You Need an Omaha Drug Distribution Attorney, Turn to Berry Law
When selecting a criminal defense attorney, you should look for experience. Ask how many cases the law firm has successfully resolved or taken to trial. The dedicated Omaha drug distribution lawyers at Berry Law have a strong record of taking cases to trial and fighting every step of the way. If you are facing drug distribution charges, let the aggressive team at Berry Law advocate for you. Contact us today.