Drug distribution is taken more seriously than possession because law enforcement seeks to punish those who are involved in the sale and distribution of drugs more harshly than somebody who is addicted to those drugs. The former could be a more significant threat to society than the latter. Law enforcement is aggressively trying to make arrests for those suspected to be involved in the distribution or manufacturing of controlled substances.
Therefore, if you are facing charges of drug distribution, reach out to our dedicated drug attorneys. Let a seasoned Omaha drug distribution lawyer fight for you.
Aggravating Factors in an Omaha Drug Distribution Charge
The most important aggravating factor, which increases the severity of a drug distribution charge in Omaha, involves weight. The higher the weight of a controlled substance, the harsher it could be charged. Other aggravating factors that could lead to more severe consequences include whether there are firearms involved, the crime occurred near a school, or the person has prior convictions.
Constitutional Issues in Drug Charges
The most common constitutional issue in Omaha drug distribution cases involves the Fourth Amendment right to be free from an unreasonable search and seizure. During a traffic stop, an officer could try to everything he/she can to look into and search the individual’s vehicle. However, a person has the right to decline an officer’s request to search their car. Their Fourth Amendment right to privacy could also be in jeopardy if an officer attempts to access his/her cellphone data under the suspicion of drug distribution.
Other constitutional issues that arise involve Miranda rights, which allow a person to remain silent during police questioning. People should be careful not to waive his/her Miranda rights or to make incriminating statements, as police could try to mislead people by convincing them that they are there to help them out. It is best to reach out to a skilled Omaha drug distribution attorney and let the lawyer do the communicating with law enforcement.
Evidence Needed to Prove Drug Distribution Charges
To prove drug distribution charges, the prosecution’s evidence can vary wildly depending on the situation. The prosecution could look at the amount of the controlled substance, how much money is in the possession of the person, whether the individual had bags, rubber bands, or other supplies that would demonstrate a person’s intent to repackage and break up the quantity.
The element that is generally contested at trial is whether a person possessed a controlled substance with the intent to distribute it or to personally use it, which can be difficult for the prosecution to prove depending on the evidence it has.
Call an Omaha Drug Distribution Attorney
When selecting a defense attorney, you should look for experience and how many cases he/she has taken to trial. A seasoned Omaha drug distribution lawyer will have a strong record of taking cases to trial and fighting every step of the way. If you are facing drug distribution allegations, contact an accomplished lawyer today. Let the Berry Law advocate for you.