Although some drugs are available by prescription, they still are classified as controlled substances. This means that without a valid prescription for these drugs, you could be charged with a drug offense for possession of prescription drugs under Nebraska law. An Omaha prescription drug lawyer can help you fight the charges you are facing.

Regardless of the specific circumstances surrounding the charges, a dedicated drug lawyer could help defend you against these serious criminal charges. By working with Berry Law, you can work with an experienced team of attorneys dedicated to protecting your rights and your future.

Possession Offenses in Omaha

Under Neb. Rev. Stat. § 28-416, individuals who knowingly or intentionally possess a controlled substance commit a Class IV felony. However, this section specifically creates an exception for those persons who have a controlled substance in their possession that was prescribed to them by a doctor.

A conviction on a Class IV felony may result in up to two years in prison, nine to 12 months of post-release supervision, and/or a $10,000 fine. A felony conviction also can eliminate certain civil rights, either temporarily or permanently, such as the right to vote and the right to carry a firearm. Furthermore, having a felony conviction may impact a person’s ability to find employment, pursue specific careers, and obtain housing. The severity of these penalties makes working with an Omaha prescription drug lawyer critical.

Distribution of Prescription Drugs

Nebraska law classifies controlled substances according to schedules that indicate their potential for misuse and any accepted medical use. Schedule I contains the most dangerous drugs in terms of their potential for abuse and their lack of an accepted medical usage. Schedule V contains drugs that have the least potential for misuse and typically have an accepted medicinal value.

The charges for the distribution, delivery, or dispensation of prescription drugs, as well as for intent to distribute, deliver, or dispense these drugs, are far more serious than the charges for mere possession. Potential charges for this offense include the following:

  • Exceptionally hazardous drugs found in Schedules I – III may result in a Class II felony charge
  • Other controlled substances found in Schedules I – III may result in a Class IIA felony charge
  • Controlled substances found in Schedules IV – V may result in a Class IIIA felony charge

Certain other factors may elevate these charges, as well. For example, if the distribution of controlled substances involves minors or occurs within 1,000 feet of certain locations, such as playgrounds, the charge may increase to the next higher penalty classification. Given the severity of these charges, it is important to contact an Omaha prescription drug attorney who can evaluate the evidence and develop a strong defense against these charges.

Speak with an Omaha Prescription Drug Attorney

While doctors generally prescribe drugs to help with medical conditions, some of those drugs are still controlled substances that have a high potential for abuse. If someone takes these drugs without having a valid prescription or takes drugs prescribed to someone else, they may be violating Nebraska prescription drug laws.

A goal-oriented Omaha prescription drug attorney can work with you to build the strongest defense possible. With the help of the unstoppable attorneys at Berry Law, you can give yourself the best chance of a positive outcome. Call today for a confidential consultation to start fighting back.

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