Near Nebraska, the police consider Interstate 80 to be a major drug corridor through the state. Law enforcement has made many arrests along that stretch of road, and police are often carefully keeping an eye on out-of-state license plates. This often leads to law enforcement performing a traffic stop for a minor violation in hopes of finding illegal drugs and charging the driver with drug trafficking.
If you have been charged with trafficking an illegal substance, a Nebraska drug trafficking lawyer can help you build a strong defense. It is vital to ensure your rights are protected, and an aggressive drug lawyer can fight back.
Drug Trafficking Laws in Nebraska
Most of the laws related to drug offenses are outlined in the Nebraska Revised Statute § 28-416. Under the law, if someone is convicted of having controlled substances in violation of the law, the court may find that person guilty of a Class II, IIA, or IIIA felony, depending on the drug involved.
Courts will punish higher volumes of drug possession with higher penalties. For example, if a person possesses at least 140 grams of cocaine, heroin, methamphetamine, or crack, the court would consider that a Class IB felony. However, if the police discover a person with one pound or less of marijuana, the court could find that person guilty of a Class III misdemeanor.
Federal Laws Related to Drug Trafficking
When people move illegal substances through interstate commerce, the federal government may have jurisdiction over the case. The Drug Enforcement Agency has the power to investigate and arrest people who transport drugs across state or country lines.
Penalties Related to These Offenses
Though more people appear to be accepting of marijuana usage, Nebraska still takes these offenses seriously, especially when they involve trafficking. Any trafficking offense is a felony. The court may sentence a person convicted of drug trafficking to 20 years in jail and require that person to pay up to $25,000 in fines.
When the drug at issue is a substance such as heroin, methamphetamines or cocaine, the penalty can be much more severe. The court may send that person to jail for one year to life in prison, depending on the individual circumstances of the case.
Common Constitutional Concerns
If a police officer pulls over a driver on suspicion of drug trafficking, the officer may ask permission to search the car. However, many drivers do not realize they have the right to decline a search if the officer does not have a search warrant. If the officer does not offer the person an opportunity to refuse the search, a lawyer may be able to argue that the search was illegal and have the evidence found in the search suppressed.
Reach Out to a Nebraska Drug Trafficking Attorney Today
It is important to speak with an attorney if you are facing drug trafficking charges as soon as possible. A Nebraska drug trafficking lawyer knows the various laws related to the transportation and sale of drugs and can use that knowledge to defend your rights.
Do not hesitate to reach out for the help you need to fight these charges. If you were charged or believe you are under investigation for a drug-related offense, reach out to Berry Law today to schedule a confidential consultation.