Many people who travel through Omaha from states that allow drug possession are met with allegations of endangering the community. If you were arrested for possession of illegal substances with the intent to distribute them, you could benefit from the guidance of a skilled drug attorney.
An Omaha drug possession with intent to distribute lawyer today to learn about how you can defend your rights. Let the Berry Law Firm fight for you.
What is Drug Possession with Intent to Distribute?
Possessing drugs with intent to distribute is defined as knowingly or intentionally manufacturing, distributing, delivering, or dispensing a controlled substance. This definition is wide-ranging, and it encompasses the entire process of a drug operation. A person could be charged with possession with intent to distribute regardless of whether he/she is manufacturing drugs or just selling on the streets. Due to the severity of these charges, it is critical for defendants to seek the services of a drug possession with intent to distribute lawyer in Omaha.
Determining the Difference Between Possession and Possession with Intent
A prosecutor is in charge of determining when to charge simple possession of a controlled substance and when to charge possession with intent to distribute. Nebraska Statute 28-416 defines how much of a drug a person must possess for the intent to distribute to be implied. For instance, if someone has at least 10 grams of heroin, he/she is going to be automatically suspected of possessing with intent to distribute.
Proving Possession with Intent to Distribute Charges in Omaha
The prosecution must prove that a person possesses a controlled substance with the intent to manufacture, sell, or move quantities thereof. Unfortunately, Nebraska law dictates that simply possessing a certain amount of a drug implies the intent to distribute, which is based on what could be considered as intended for personal use.
Drug Possession with Intent to Distribute Penalties
Lincoln drug charges commonly escalate from simple possession to possession with intent. For example, the courts could charge people with possession with intent to distribute if they have four different types of marijuana from Colorado.
If someone has less than an ounce of marijuana in Omaha, it could result in an infraction with a maximum fine of $300 for first offenses. Someone charged with possession with intent to distribute less than an ounce of marijuana could face a Class 2A felony and up to 20 years in jail. How much of a substance someone possesses can escalate his/her penalties.
A possession charge for methamphetamine could yield a 0- to 2-year penalty or 2 to 50 years in jail for intent to distribute regardless of the amount the person possesses. Possession of marijuana charges could amount to a misdemeanor or escalate to possession with intent to distribute with a penalty of up to 20 years in jail. Penalties for drug charges in Lincoln can raise exponentially when they involve possession with intent to distribute.
A person can be charged with both possession and intent to distribute if he/she had the substance on his/her person at that time of arrest as well as any other items that would indicate their intent to move the substance.
Investigating Intent to Distribute
There are ways a case is investigated to specifically assess intent as it relates to drug possession. Police investigations, for example, look for things that can be associated with the drug trade such as scales, bags, and large amounts of money. Law enforcement could try to get a search warrant to go through cellphone records, text messages, and emails for evidence of drug deal negotiations. The police can also look at bank records to see if there are large amounts of money coming in and going out. Police search for indicators of something more than just a user’s amount of the controlled substance.
Call an Omaha Drug Possession with Intent to Distribute Attorney
It is crucial to have an attorney when facing these kinds of charges because the penalties that you could face are incredibly severe and could have a significant impact on the rest of your life. Do not hesitate to contact an Omaha drug possession with intent to distribute lawyer today to help you advocate for your rights. Let our attorneys at the Berry Law Firm fight for you.