Facing any possession charge is daunting, especially if someone is unsure of the penalties that can result from the offense. Because Omaha drug possession penalties depend so much on the specific charges, it is essential to work with an experienced professional who understands what is at stake.
A well-versed drug possession lawyer can help create a plan to defend you from the charges you are facing. They can fight by your side to work towards the best possible outcome.
What Are the Penalties for Possession?
The penalties for possessing a drug vary depending on the specific charges. For example, possession of less than one ounce of marijuana is a $300 fine. Possession of more than one ounce is a Class 3 misdemeanor and can result in harsher penalties. Possession of more than one pound of marijuana is a Class 4 felony, which carries up to two years in prison and a $10,000 fine.
On the other hand, simple possession in any amount of methamphetamine, cocaine, heroin, and the harder drugs is a Class 4 felony that carries up to two years in prison and a $10,000 fine. Possession with intent to distribute any of these substances is even harsher and has potential penalties of one to 50 years and depending on the weight, up to 20 years to life.
Conviction of a felony drug charge makes a person a convicted felon. This means the individual is barred from certain types of employment such as military service, he or she cannot vote, and he or she loses his or her right to possess a firearm.
A felony conviction, especially for a drug case, carries potential prison time. In federal courts, subsequent felony drug charges might result in increased mandatory minimums. For example, a person who was federally indicted for possession with intent to distribute 500 grams or more of a mixture containing methamphetamine faces 10 years to life in prison. If the same person has a prior felony drug conviction, he or she could face 20 years to life in prison. When there are two prior felony drug convictions, a third felony drug offense in federal court is mandatory life in prison.
Diversion Programs in Omaha
Sometimes diversion or alternative sentencing programs are available for those charged with possession for the first time. Whether these programs are available depend on several factors such as the weight of the drugs involved and whether a gun or violence was involved.
For example, someone on the street who is arrested has a better opportunity to get into a pretrial diversion or drug court than the out-of-state motorist traveling through with large amounts of narcotics. Generally, the smaller the amount of drugs involved, the more likely the person will be able to participate in a pretrial diversion or drug court.
What to Know When Facing Charges
It is important for everyone to understand certain facts about drug possession charges that can give them the best chance of a positive outcome. Everyone should know:
- The individual has no obligation to give law enforcement consent to search his or her person, vehicle, or home
- If the person is traveling with someone who is in possession of narcotics or illegal drugs, he or she could be charged as well
- When someone is charged and arrested for a drug crime, the sooner he or she contacts a defense lawyer, the better
It is important to take every step possible to avoid the harsh penalties associated with Omaha drug possession charges.
Learn More About Omaha Drug Possession Penalties
The Omaha drug possession penalties a person could face depend largely on the specific circumstances surrounding the offense. For example, possession of a small amount of marijuana could result in a relatively small fine while the possession of a similar amount of cocaine could result in a felony conviction and a prison sentence. Therefore, it is important to fight back with the help of a dedicated attorney. Call Berry Law today to discuss your rights.