Many sessions in Nebraska legislature deal with proposed drug laws. When someone is accused of committing a drug-related crime, they may face severe consequences. If you have been caught possessing any narcotic illegally, you should call an experienced drug attorney to help you through the complex legal system. When you seek help from a local attorney, they can inform you about the unique aspects of Omaha drug charges. Call The Berry Law today to learn how a lawyer can help you.
Factors Impacting Drug Charges
The courts may treat the defendant’s case differently depending on the severity of his/her drug abuse, his/her criminal record, and any additional crimes he/she may have committed to feed the abuse. In most cases of prescription drug abuse, defendants will have a prescription for painkillers, such as Oxycontin or hydrocodone, and then become addicted to these drugs. To feed their addiction, these users then go about obtaining these drugs in an unlawful way. For example, an individual may try to obtain fraudulent prescriptions or buy drugs off the street.
In cases where defendants have no prior criminal history, he/she could get the charges reduced to a misdemeanor, which results in a fine or probation. Another possible outcome in first offense abuse cases could be the courts sending the defendant to drug court or placing him/her in a pretrial diversion program. The punishments that the defendant may face vary depending on the unique aspects of his/her Omaha drug case.
Charges against the defendant become more severe if more crimes are committed while illegally possessing medically approved drugs. If the defendant’s drug possession is excessive, he/she may be charged with felony possession with intent to distribute. This practice is also used in cases where defendants possess narcotics and a firearm. A person violates Nebraska’s gun laws if he/she owns a firearm and illegally possess certain drugs. This gun enhancement forces defendants to face serious criminal charges.
Treatment of Drug Crimes in Omaha
Drug cases are taken very seriously in Omaha, and charges carry a stigma once it is on a defendant’s criminal record. This record of a drug charge can only be expunged if the defendant is arrested but not convicted of his/her drug possession charges, making it imperative to have a skilled drug attorney. If a defendant is convicted of a drug charge, this can hinder future employment.
Defendants are charged with either a misdemeanor or a felony depending on the type of drug the person is in illegal possession of. For instance, possession of methamphetamine is a felony. The individual could face time in prison and the civil disabilities that come along with a felony conviction. The distinctive parts of an Omaha drug case lead to local attorneys using various defense tactics.
Defending Against Drug Crimes
Criminal defense attorneys can fight drug crime cases based on Fourth Amendment grounds regarding illegal searches and seizures. This defense can be used when the government cannot prove that there was reasonable cause for the search of a defendant’s property or person. Another possible defense could include questioning the charges brought against the defendant. For example, an attorney may use this strategy when the government cannot prove beyond a reasonable doubt that the person who possessed the drugs intended to distribute them.
Contact an Omaha Lawyer for Help with Your Case
If you have been charged with illegally possessing a narcotic or another drug-related crime, contact a seasoned drug crimes attorney as soon as possible. A lawyer can help you build a defense and fight the charges brought against you. A local attorney will know the unique aspects of Omaha drug charges and could keep these crimes off of your record. Reach out to The Berry Law today.