Lincoln Drug Possession Penalties

The penalties for possessing illicit substances in Lincoln are harsh. Even the possession of small amounts of certain drugs can result in severe sentences and can permanently impact a person’s rights and freedoms. However, a lawyer may be able to help limit the impact of Lincoln drug possession penalties.

A well-versed drug possession lawyer knows all the options available in the area and can advocate for a less harsh punishment. By working with a practiced attorney, you may be able to protect your future.

Common Penalties for Possession of a Controlled Substance in Lincoln

The severity of the penalties someone might face for drug possession depends on the type and the amount of the drug present. The amount of the controlled substance can impact what the police charges someone with. Two common types of charges include drug possession and possession with the intent to distribute.

The type of controlled substance also plays a role. For example, the possession of marijuana is considered an infraction and is only punishable by a fine. However, if a person is caught with cocaine, heroin, or methamphetamine, it is charged as a felony no matter the amount.

Even a minor conviction can harm someone’s reputation in the community. A professional might lose his or her job or have trouble finding new work opportunities. Convictions can also cause someone to be ineligible to volunteer with certain organizations.

Following a felony conviction, however, an individual could spend time in jail. Under Nebraska Revised Statute § 28-416, the jail time for a felony drug conviction can be up to two years in prison. Additionally, an individual could face up to a year of post-release suspension.

The court might also order the defendant to pay a $10,000 fine. Lastly, a conviction can result in one’s loss of the right to own firearms or vote. A lawyer can help you fight your drug possession charges to minimize their impact.

Programs Available for Drug Possession Charges

Diversion programs are available under certain circumstances. It depends on the person’s criminal record and the specific charges. The advantage of diversion programs is that it may result in probation rather than jail. If someone qualifies for the program and completes all the terms and conditions, the charge will generally get dismissed, the person’s record may be sealed, and potential employers cannot see the individual was charged with a crime on a background check.

Another alternative sentencing program would be drug courts. Drug courts are extremely time-consuming, but for individuals struggling with addiction, they can be beneficial. With drug court, a person enters a guilty plea to the charges. He or she then goes through a program that usually takes several years to complete. After the successful completion of the program, the charges are dismissed and the record is sealed.

A new program is the veteran diversion program, which is more limited in scope. Not only is it only available to veterans, but the range of charges is also limited. A person has to be able to show that the issue is related to their service. That creates a barrier for many veterans who must try to tie back possession of methamphetamine to their service, or perhaps possession of painkillers due to an injury they suffered.

Contact a Lawyer to Avoid Lincoln Drug Possession Penalties

The earlier an attorney is able to get involved, the better. Attorneys can help a person from causing themselves harm without them realizing it. Reach out to Berry Law today for a case evaluation to learn more about Lincoln drug possession penalties.