Being accused of having involvement with narcotics can be confusing and ultimately damage your reputation and your ability to find future employment. If you are facing charges related to having a controlled substance on your person, you can defend your rights with the help of a skilled drug attorney. An Omaha drug possession lawyer can explain how Nebraska state law applies to your circumstances, help you gather evidence to advocate for your innocence, and help you build a case to present in court.
What is Constructive Possession?
To be charged with drug possession in Omaha, a person must knowingly be carrying narcotics. Nebraska law imposes a constructive knowledge doctrine, which means that a person who is aware of or should be reasonably aware of his/her role in a criminal activity can be charged for involvement in that crime.
For example, if a driver has large amounts of marijuana in his/her car, a passenger could be charged for possession of drugs if a jury determines that he/she should have known about it. Prosecutors could argue that if the passenger has access to the marijuana, he/she is in constructive possession of the drug.
However, if the marijuana was stored in the trunk and the passenger did not have access to it and did not know that it was in the car, he/she may be able to defend charges with the help of an Omaha drug possession attorney. If law enforcement finds a controlled substance in a car full of people, they will typically charge every person with drug possession, and there are a few exceptions to that.
Drug Possession Penalties
An individual could be charged for possession in Omaha if police find narcotics on his/her person, car, home, or at his/her place of work. Marijuana, methamphetamine, cocaine, heroin, and fentanyl are all illegal to possess in Omaha.
Marijuana is considered an infraction by Omaha law, but almost any other drug is treated as a felony, which carries up to two years in prison and a ten thousand dollar fine. Additionally, the quantity of drugs, as well as whether they were for personal use, sharing, or sale impact possession penalties. Simple possession is a lesser crime than possession with intent to distribute, manufacturing, or drug trafficking.
Law Enforcement Prioritizes Drug Crimes
Drug possession is a priority for Omaha law enforcement. People who are stopped for driving under the influence or for some other crime can also be searched for narcotics under certain circumstances. Law enforcement can stop someone for a minor crime and expand the search based on their arrest to cover their entire vehicle.
One of the difficulties with illegal substances in Omaha is people who bring edibles from neighboring states believing there is only a small amount of THC in them. However, edibles are treated as hash, and possession of hash is a felony. A person found with up to an ounce of marijuana would be charged an infraction, but he/she could be charged a felony if he/she has a small amount of THC in a gummy bear, for example. The rules and laws that surround all the different kinds of controlled substances can be confusing, so claimants should consult a drug possession lawyer in Omaha before entering litigation.
Call an Omaha Drug Possession Attorney Today
If you have been accused of having access to illegal substances or having constructive possession thereof, a knowledgeable attorney might be able to help you with the litigation that follows these charges. An Omaha drug possession lawyer can help you navigate relevant state and federal laws, compile evidence, and represent you in court, so call today to start assessing the details of your case. Let an experienced lawyer from the Berry Law fight for you.