Depending on the circumstances, Lincoln drug penalties can be harsh. Although diversion programs may be available for first-time offenses, they can also result in heavy fines and years in jail. These potential penalties only increase with each subsequent offense.
A dedicated drug lawyer can fight to protect the rights and freedom of anyone facing these charges. With their help, you may be able to seek a more positive outcome based on the specific circumstances of your case.
Penalties Associated with Controlled Dangerous Substances Charges
Any substance that is harmful or illegal is considered a controlled dangerous substance under the federal standards. Nebraska follows this definition outlined in the Federal Controlled Substances Act.
In general, the more dangerous the substance is considered to be, the smaller the amount a person has to be in possession of to face a harsher sentence. A lot of times, especially at the federal level, the amount of drug that someone possessed and the purity of that drug controls what the punishments are.
Drug charges vary, depending on the substance, the amount of the substance, whether the offense took place near school, whether the person was allegedly distributing, and whether a firearm was involved. Depending on the specific circumstances, the penalties can range from anywhere from probation to life in prison. An attorney can further explain how the type of substance affects the Lincoln drug penalties.
Penalties for Repeat Offenses
The severity of potential penalties changes between first time and repeated offenses. Depending on the substance, second offenses generally have harsher punishments.
For instance, a first-time offense of possession of one ounce or less of marijuana is an infraction that is treated similar to a speeding ticket. The second offense is generally a misdemeanor and so, depending on the substance, the penalty that can rise in severity.
Additionally, judges are going to see a person’s criminal record at the time of the offense. If someone has a previous drug charge on his or her record, the judge is less likely to be lenient in sentencing. Additionally, in Nebraska, if someone has previous felonies or jail time, he or she may eligible for the habitual criminal enhancement. This can involve a minimum of ten years in jail.
Alternatives for First-Time Offenses
Diversion programs may be available if a person has two or fewer misdemeanors on his or her record. Another option is drug court. Once someone completes the drug court program, the charges are dismissed and the record is sealed. An attorney can help determine whether these options are available in a particular case.
How an Attorney Can Fight Lincoln Drug Penalties
Attorneys can work to help lessen Lincoln drug penalties associated with charges. They can fully examine the case against you and work to find holes in it. With the help of a diligent attorney, you may be able to achieve a more favorable outcome. Learn more by calling Berry Law today for a confidential case evaluation.