When someone is arrested in Omaha for drug charges, he or she could face severe penalties, including jail time and high fines if convicted. However, other negative consequences may flow from a drug conviction, including a permanent criminal record, increased difficulties in finding employment, and an inability to pursue specific careers. For these reasons, getting legal advice when facing drug charges in Omaha can be crucial to preserving your future.
An aggressive drug lawyer can help in a variety of ways, including challenging the legality of an arrest, evaluating the evidence, and presenting a person’s options in terms of resolving his or her case. Throughout the legal process, the determined attorneys at Berry Law can fight for you and your freedom.
Classifying Drug Charges
Drug charges in Omaha depend upon the type of the drug, the amount of the drug, and the nature of the involvement of the accused with the drug. Other factors also impact drug charges, such as whether the alleged activity occurred at or near specific prohibited locations, such as playgrounds or schools, whether minors were involved, and whether firearms were present.
Similar to many other states, Nebraska classifies controlled substances according to five different classifications or schedules. Schedule I contains the most serious drugs that generally have the highest risk of abuse and little or no accepted medical use, while Schedule V contains the least serious drugs with the lowest risk of abuse and some accepted medical use.
Possession, Manufacture, and Distribution of Controlled Substances
Generally, Neb. Rev. Stat. § 28-416 provides that intentional possession of a controlled substance is a Class IV felony. If, however, a person manufactures, distributes, or possesses with intent to manufacture or distribute controlled substances, he or she may face more severe Omaha drug charges. These include:
- Class II felony for exceptionally hazardous drugs found in Schedules I – III
- Class IIA felony for other controlled substances found in Schedules I – III
- Class IIIA felony for controlled substances found in Schedules IV – V
If the alleged activities involve minors or took place within 1,000 feet of certain designated locations, such as schools, the charge increases to the next higher penalty classification.
Nebraska law also establishes charges for some controlled substances based on weight. For example, the charges for manufacturing or distributing cocaine, crack, heroin, and methamphetamines, as well as their salts and any mixture or substance containing any detectable amount of these drugs include:
- Class IB felony for 140 grams or more
- Class IC felony for between 28 and 140 grams
- Class ID felony for between ten and 28 grams
An experienced attorney can explain specific Omaha drug charges and how they are determined.
Other Charges in Omaha
Although marijuana is classified as a Schedule I controlled substance, the Omaha drug charges for simple possession of marijuana are different than those for possession of other controlled substances. Intentionally possessing one ounce or less of marijuana is an infraction for a first offense, which requires the payment of a fine and may require attendance at a drug education course. A second offense is a Class IV misdemeanor, and a third or subsequent offense is a Class IIIA misdemeanor.
Possession of between one ounce and one pound of marijuana is a Class III misdemeanor, and possession of more than one pound of marijuana is a Class IV felony. However, possession of marijuana with the intent to distribute or marijuana sales can lead to much more severe Omaha drug charges and increased penalties than for possession. An attorney can explain the specific charges and penalties you are facing for marijuana offenses.
Fighting Back Against Omaha Drug Charges
While Omaha drug charges can be very serious, many defenses may be available. A proactive lawyer could assess your situation and determine the most robust strategies for fighting back against the charges that you are facing.
A drug conviction can have devastating effects on both your personal and professional life. Do not allow your life to be derailed by drug charges in Omaha. Get legal help today and learn about your options. Call Berry Law today to schedule a confidential consultation.