Every year, state legislatures adjust their approach to controlled substances. A recent trend has seen a liberalization of some drug laws. For example, there are consequences for possessing small amounts of certain drugs, but state law does not treat them all as criminal offenses. In many cases, however, certain drug crimes still carry significant consequences.
For instance, the possession of narcotics that contain limited medicinal benefits is prosecuted harshly in Sarpy County criminal courts. The consequences increase in severity when the charges involve manufacturing or selling controlled substances. Thankfully, an experienced criminal defense attorney from Berry Law can help you fight your drug charges.
With the right experience and familiarity with the Sarpy County court system, a member of our determined team can provide you with a chance to beat the drug charges you are currently facing. Let a Sarpy County drug lawyer from Berry Law help you fight your charges.
Drug Possession Charges
The most common type of drug charge is possession. While the potential penalties for a possession conviction depend on the type of drug involved, most cases are charged as Class IV felonies and carry a maximum prison sentence of two years and/or a fine of up to $10,000. A conviction also requires up to a year of supervised release after the prison term ends.
Possession of small amounts of marijuana is the major exception to this rule. According to Nebraska Revised Statutes §28-416(13), possession of less than one ounce of marijuana is a non-criminal infraction that does not include the risk of jail time. However, it does carry a fine of up to $300 and the possibility of mandatory drug education classes.
It is important to note that the penalties associated with possessing marijuana increase if a defendant has a prior conviction. A second offense would be considered a Class IV misdemeanor under state law, while a third or subsequent offense would be a Class IIIA misdemeanor that could carry up to seven days in jail. Ultimately, a jail sentence falls under the judge’s discretion, which means a Sarpy County drug attorney can make a substantial difference in helping a defendant avoid prison time.
The potential penalties for distributing or manufacturing drugs are more severe than possession charges. Additionally, Neb Rev Stat §28-416(1) makes it illegal to attempt to manufacture or distribute a controlled substance.
Distribution can involve more than just the sale of a controlled substance. For example, the exchange of a controlled substance for goods, services, or nothing at all could all form the basis of a drug crime charge.
These charges are felonies and could lead to up to 50 years in prison, depending on the quantity of drugs distributed. A drug lawyer in Sarpy County can help someone who has been accused of manufacturing or distributing narcotics negotiate down to lesser charges or even fight to have the case dismissed completely.
Get in Touch with a Sarpy County Drug Attorney Today
Our team can help you avoid the consequences that come with a drug crime conviction. With the right legal counsel, you can fight back against the prosecutor and convince a jury of your innocence.
A Sarpy County drug lawyer will work tirelessly to help you avoid a conviction and clear your name in court. To discuss your potential defense options, schedule a confidential consultation today.