Individuals who have driven across Nebraska on Interstate 80 have likely seen the large number of law enforcement officers patrolling the roadway. It usually doesn’t take long to find an out-of-state driver pulled over on the side of the interstate. Typically, these law enforcement officers who are performing traffic stops are looking for illegal narcotics. If you are arrested on Interstate 80 in Nebraska for alleged drug activity, you could face severe consequences.
With so much at stake, it’s imperative that you discuss your case with an experienced defense attorney familiar with federal and state law. A Nebraska interstate drug lawyer at Berry Law: Criminal Defense and Personal Injury Lawyers will protect your constitutional rights and build a strong defense strategy to fight your charges.
Potential Consequences of a Conviction
An individual arrested on interstate drug charges can face steep consequences. However, the exact penalties vary based on a series of important factors. The jurisdiction of the case plays a large role in the type of consequences the defendant might face.
Additionally, the accused can face harsher penalties based on the alleged amount of drugs. The larger the volume of a controlled substance in the vehicle, the higher the potential penalties. The type of drug the police finds in your car is also important, as some substances carry higher penalties than others.
In any scenario, a conviction for interstate drug trafficking can result in:
- Asset forfeiture
- Loss of constitutional rights
Many prosecutors aggressively pursue asset forfeiture. For example, most prosecuting attorneys attempt to seize the car the defendant was driving during the arrest, assuming he or she owned it. However, the police are also quick to take other property, including cash. With the help of a determined lawyer in Nebraska, you can fight back against asset seizure in addition to your interstate drug charge.
Potential Interstate Drug Charges
- Drug Possession
Defenses for an Interstate Drug Stop in Nebraska
The prospect of an interstate drug arrest can be daunting, but there are several defenses a creative attorney could use in your case. If the police arrested you during an unlawful traffic stop or searched your vehicle illegally, your legal counsel can argue to suppress any evidence the officers found as a result of the illegal stop.
Unlawful Traffic Stops
One of the strongest defense tactics a lawyer might use is challenging the legality of the initial police stop. Neither federal nor state law enforcement have complete discretion to pull over any driver they please. Instead, the police must have reasonable suspicion that the motorist in question has committed a traffic offense or some other crime.
It’s important to note that the law does allow the police some discretion. Officers that suspect a driver is transporting drugs across state lines can use a traffic violation like speeding as a pretext for a stop. However, pulling a motorist over without any reasonable suspicion of wrongdoing is illegal, and an aggressive attorney can look at the evidence to determine if law enforcement had a legitimate reason to initiate a traffic stop.
Illegal searches are also central to many drug defenses. The police don’t have the right to search a vehicle without probable cause, a warrant, or consent. Unfortunately, law enforcement often searches cars anyway. You lawyer can have any evidence found as a result of an illegal search suppressed in court.
Contact a Nebraska Interstate Drug Attorney Today
If state or federal prosecutors convict you for an interstate drug offense, the potential penalties can have a devastating effect on your life. Attempting to defend yourself in court can be detrimental to your case.
You need a relentless lawyer who has experience working interstate drug cases and understands the most effective defense strategies available. Contact a Nebraska interstate drug lawyer at Berry Law: Criminal Defense and Personal Injury Lawyers right away to schedule a confidential case evaluation.