Facing drug charges is intimidating, but there is help available. Various defenses may apply in a case, and every citizen has the right under the U.S. Constitution to a presumption of innocence until proven guilty. A seasoned Nebraska drug lawyer could work to protect your rights and fight for a more favorable resolution of any charges you are facing.
Whether you are facing possession charges for a small amount of marijuana or felony distribution charges of a Schedule I controlled substance, you need legal counsel to advocate on your behalf. A hard-working defense lawyer from Berry Law can work throughout the legal process to defend your rights.
Drug Charges in Nebraska
Nebraska classifies controlled substances into schedules. The schedule of a drug depends on its risk of misuse, its danger to the public, and its accepted medical uses. Nebraska law establishes five schedules, with Schedule I containing the most dangerous and addictive drugs and Schedule V containing the least hazardous and addictive, which typically have an accepted medical use.
Drug charges in Nebraska depend not only on the schedule of the drug, but also the amount of drugs involved in the offense and the type of crime involved, whether it be possession, manufacturing, or distribution. Other potential enhancements to drug charges include the involvement of minors, the presence of firearms, and the proximity of the offense to specific locations, such as schools. A drug lawyer in Nebraska can fully explain the factors that determine drug charges in a case.
Possession of Controlled Substances
Neb. Rev. Stat. § 28-416 states that intentionally possessing a controlled substance, except for marijuana and Schedule I controlled substances, is a Class IV felony. A conviction for a Class IV felony can result in a maximum of two years of incarceration and 12 months of post-release supervision, a $10,000 fine, or both.
Possession of marijuana, however, carries the potential for less severe penalties, although it still is considered a Schedule I controlled substance. Nebraska has decriminalized possession of one ounce or less of marijuana to an infraction for a first offense, resulting in only a citation, a $300 fine, and potential attendance at a drug education course. Possession of larger amounts of marijuana, or more than one pound, however, is a Class IV felony offense.
Manufacture and Distribution of Controlled Substances
The charges and penalties for manufacturing and distributing controlled substances tend to be more severe than those for possession. It is a Class II felony to manufacture, distribute, or possess with the intent to distribute exceptionally hazardous drugs that fall within Schedules I through III. For other drugs in Schedules I through III that are not considered exceptionally hazardous, it is a Class IIA felony. For drugs classified in Schedules IV through V, the offense is a Class IIIA felony.
Some drug charges involving the manufacturing or distribution of certain drugs, such as cocaine, crack, heroin, and methamphetamine, depend on the weight of the drug involved in the offense. These offenses range from a Class ID felony for between ten and 28 grams of cocaine to a Class IB felony for 140 grams. A drug attorney in Nebraska can defend individuals charged with violations of these drug offenses, which can result in years in prison and high fines.
Consult a Nebraska Drug Attorney
Whether someone is facing drug charges for possessing a small amount of a controlled substance or distributing a large amount of cocaine, he or she needs legal representation to protect his or her interests. The stigma of a felony drug conviction on a person’s record can hinder his or her ability to obtain employment, further his or her education, seek housing, or exercise certain civil rights. A Nebraska drug lawyer can help defend you against these potentially damaging consequences. Call Berry Law today for a confidential consultation.