Law enforcement regularly patrol I-80 for vehicles that might be hauling illegal drugs or other contraband through the state for distribution or transport. If you are found to be in possession of large amounts of controlled substances, you could be charged with a drug trafficking offense and must immediately protect yourself. Drug trafficking in Nebraska is a serious charge and is prosecuted as such.
Berry Law can defend you if you were charged with drug trafficking along I-80 in state and federal cases. We have criminal defense lawyers licensed in Colorado, Nebraska, Iowa, Illinois, and Kansas. Accused drug traffickers may face state charges in multiple states and federal charges. In Nebraska, it’s common for an interstate drug stop to initially be charged in state court as a felony offense and later be transferred to federal court . This is often the case for stops involving methamphetamine, cocaine, heroine, or fentanyl. In these situations, it’s important for you to have an attorney experienced in both federal and state court systems.
The Controlled Substance Act divides controlled substances like drugs into different schedules. The severity of the penalty for drug trafficking depends on which drugs you’re accused of carrying and how much was possessed.
What Is the Range of Penalties for Drug Trafficking?
Drug trafficking charges are generally felonies under Nebraska law, ranging from Class IIIA felonies to Class IB felonies. The seriousness of the penalty is determined by the type of drug and its weight. The classification of felonies and the penalties upon can be found in Neb. Rev. Stat. § 28-105:
- Class IV: A Class IV felony is punishable by up to 2 years imprisonment and 12 months post-release supervision, a $10,000 fine, or a combination of both.
- Class IIIA. There is no minimum sentence for Class IIIA felonies, but if incarceration is imposed, a defendant must serve 9 months post-release supervision. The maximum penalty is 3 years imprisonment and 18 months post-release supervision, a $10,000 fine, or a combination of both.
- Class III: There is no minimum sentence for Class IIIA felonies, but if incarceration is imposed, a defendant must serve 9 months post-release supervision. The maximum penalty is 4 years imprisonment and 2 years post-release supervision, $25,000 fine, or a combination of both.
- Class IIA: The maximum imprisonment is 20 years with no minimum penalty.
- Class II. Class II felonies can result in a mandatory minimum sentence of 1 year imprisonment and up to a maximum of 50 years of imprisonment.Class ID: The mandatory minimum sentence for a Class ID felony is 3 years imprisonment and a maximum is 5 years imprisonment.
- Class IC: Class IC felonies are punishable by a minimum of 5 years imprisonment and a maximum of 50 years imprisonment.
- Class IB: The maximum sentence for IB felonies is life imprisonment with a mandatory minimum of 20 years imprisonment.
Additionally, because these are felony charges, you may be denied professional licenses, lose the right to vote and carry firearms, and/or face immigration consequences if you’re not a citizen.
How Does Hiring a Lawyer Help Me with My I-80 Drug Trafficking Charges?
With Nebraska law enforcement aggressively pursuing drug trafficking on Interstate 80, it is important to know your constitutional rights. If the State believes you were trafficking drugs, you should contact an experienced defense attorney for drug trafficking.
Depending on your situation, there may be several defenses to charges of drug trafficking. We will need to examine the evidence of your case to know which strategy is best. The sooner you call us, the more options you may have.
Federal Charges Are Possible
Interstate 80 stretches across the country. If the government thinks you were transporting drugs across state lines, you could also face federal charges for drug trafficking.
We Will Help You Fight Back – Your Freedom Depends on It
The penalties for a drug trafficking conviction can alter the course of your life. Speak with an experienced drug trafficking lawyer by filling out our contact form or calling us today.