At Berry Law, we have extensive experience in cases involving possession with intent to distribute illegal drugs. We provide aggressive representation to Nebraska residents as well as people from out of state who are stopped and arrested on Interstate 80 or other locations. Our attorneys represent people charged with drug crimes in both state and federal courts.
Suppression of Evidence in Drug Cases in Lincoln
Our attorneys have a comprehensive understanding of constitutional defenses regarding the illegal acquisition of evidence. Whenever possible, we make aggressive use of motions to suppress evidence based on invalid consent to search, unlawful search and length of detention. Use of drug dogs to search for illegal substances has inherent flaws. It may be possible to suppress evidence obtained in that way.
Downward Plea Negotiations
Conviction on a state drug charge of possession with intent to distribute marijuana carries a sentence of 1 – 20 years in prison. Possession with intent to distribute other drugs carries even harsher penalties.
In some Nebraska jurisdictions, it is possible to negotiate a plea agreement in which a possession with intent to distribute marijuana charge is reduced to a simple possession charge. This can be an attractive option, particularly in cases where it is not possible to suppress evidence. For example, conviction on a simple possession charge does not carry a minimum sentence in some state cases, so it may even be possible to obtain probation with no jail time. Plea agreements in cases involving cocaine, methamphetamine and heroin pose greater challenges. Berry Law will explore all options.
In your case, we will carefully analyze these and other factual and legal issues in your case. We will provide clear guidance as to your options, so that you can make informed decisions about your case. As always, however, the client has the last say when it comes to negotiating or going to trial.
Click here to download our Drug Stop Handbook.