Since 1965, Berry Law has been protecting the rights of individuals charged with crimes. With over a century of combined legal experience, our team of relentless attorneys has achieved a national reputation for our formidable defense representation. In Lincoln and throughout the state, we have assisted individuals facing both misdemeanor and felony drug charges. A dedicated criminal defense attorney from our firm can provide you with a solid defense for your drug charges.
The government has extensive resources to draw upon when prosecuting a drug case. If you are facing state or federal drug charges, our firm can help you. Call a Lincoln drug lawyer today to start building your defense.
Uncompromising Representation, No Matter the Charge
Some firms are not up to the challenge of a felony drug charge and shy away from handling cases of this nature. Others may neglect their defense of misdemeanor cases, thinking it too minor to deserve their full attention. Our drug attorneys do not feel this way.
At Berry Law, we recognize that every drug charge can have a significant impact on the rest of your life. We provide diligent and uncompromising representation to each of our clients, no matter the offense. We are undeterred by size or scope when it comes to defending controlled substance charges.
Common Types of Drug Offenses
The attorneys at our firm have aggressively and successfully defended clients in charges involving many types of controlled substances. This includes charges involving:
- Prescription drugs
- Drug analog/designer drugs
Regardless of the type of drug charge you are facing, you should seek legal help right away.
Is Marijuana Legal in Lincoln?
Some states across the country are loosening restrictions on medical and recreational marijuana, but that is not the case in Lincoln. Marijuana possession is still a crime under state law. While possessing small amounts of marijuana is a misdemeanor, prosecutors treat large possession cases as felonies. These felony offenses can result in substantial prison time upon conviction.
Can I Bring Marijuana From Another State Legally?
You cannot bring in marijuana from another state, even if you purchased it there legally. This has become a growing issue, as nearby Colorado and most recently South Dakota have legalized marijuana for recreational purposes. No matter the law in other states, it is still a violation of both state and federal law to own, transport, or possess marijuana in Lincoln.
Out of state drivers should be aware of the criminal liability they face any time they cross state lines while in possession of marijuana. If you are facing charges for driving through the area with marijuana or another drug, you will need a strong legal advocate to help you build a defense.
What are the Penalties for a Drug Conviction?
There are different types of drug offenses under state law. Possession of a controlled substance can carry steep penalties, although they are generally less severe than manufacturing or distribution charges.
Most possession cases are Class IV felonies according to Nebraska Revised Statute § 28-416. However, small amounts of marijuana may only lead to a misdemeanor offense. A felony possession conviction can result in as much as two years in prison and a fine of no more than $10,000.
The severity of a manufacturing or distribution charge will depend on the specific controlled substance. At the highest levels, these offenses could lead to a maximum prison term of 50 years.
For lower-scheduled drugs, a conviction can bring up to three years in prison as well as a fine of up to $10,000. Even if you believe your drug charges are minor, you should hire an experienced lawyer to handle your case.
The Collateral Consequences of a Drug Offense
While most of the focus in a drug case is on the potential prison time and fines a conviction could bring, it is worth noting that there are also substantial collateral consequences that come with a drug conviction. Unlike statutory consequences, collateral consequences are not written into the law. They are not part of the sentence handed down by the judge following a conviction. Though these consequences are not directly tied to the criminal case, they are still very real.
Loss of Constitutional Rights
An unfortunate consequence of a felony drug conviction is the loss of constitutional rights. Specifically, you could lose the right to vote and own firearms. Short of a pardon from the governor, these rights cannot be restored.
Difficulty with Employment and Licensing
Additionally, many employers will refuse to hire a person with a drug conviction. Criminal convictions are a matter of public record, and there is nothing in the law that prevents employers from rejecting applicants due to prior convictions.
If you rely on a professional license to practice your chosen profession, a drug conviction could be particularly troublesome. Most licensing organizations for these professions retain the ability to reject an application or revoke a professional license based on a wide range of behaviors. Serious criminal convictions are one of the most common reasons for these entities to revoke a license.
These collateral consequences do not go away, even if you enter into a plea bargain. The state can recommend a lighter sentence to the judge if you plead guilty, but there is nothing they can do to prevent a future employer from refusing to hire you due to your criminal record. Aggressively fighting back against the charges with a skilled lawyer could be your best option for avoiding a lifetime of unexpected hardship.
Can I Defend Myself on a Drug Charge?
If you are facing drug charges, you have the right to serve as your own attorney, but doing so could have devastating consequences. Criminal law is complex, and building a defense strategy for a drug charge is especially difficult. Given these challenges, defendants that represent themselves often make critical mistakes.
For example, you might miss an important deadline for a motion to dismiss evidence. Even one seemingly small error could be enough to turn a winnable case into a conviction. A hard-working trial lawyer can carefully review your case and work to prevent the prosecution from violating any of your rights. The experience and skill of an attorney could be the difference between a conviction and an acquittal for drug-related charges in Lincoln.
Successfully Defending Citizens Across the Country
Law enforcement has singled out Interstate 80 as a drug thoroughfare. Their overly zealous pursuit has resulted in many questionable stops. Many individuals, including both Nebraskans and out-of-state residents, have unfortunately found themselves subjected to dubious law enforcement tactics. Our drug crime lawyers in Lincoln are highly skilled in disputing these tactics and the details surrounding a drug arrest on Interstate 80.
The attorneys at Berry Law can assertively challenge the circumstances that led up to your drug arrest along I-80, including:
- Lack of traffic violation
- Lack of reasonable suspicion
- Lack of probable cause
- Improper training or handling of drug-sniffing dogs
Whether you are a college student, military personnel, or a visitor to our state, we can provide customized and vigorous advocacy to challenge your drug charge. We do everything in our power to fight your charges.
Contact a Lincoln Drug Attorney Today
Berry Law has a long history of fighting for others in the courtroom and beyond. Whether the police charged you with possession, trafficking, conspiracy, or any other drug crime, we can provide tenacious and forceful legal counsel. Call our office today to request a confidential consultation with one of our experienced Lincoln drug lawyers.