Over the past few years, the number of felony drug charges in Seward has increased steadily. Part of the reason for this increase is the large number of Interstate 80 drug stops. Interstate 80 runs through Seward and is heavily monitored by the Nebraska state patrol and the Seward County Sheriff’s Department. People traveling on the interstate with out-of-state plates are regularly stopped near Seward for alleged traffic violations. These traffic stops often result in vehicle searches.
Our defense attorneys at Berry Law represent people charged with drug offenses throughout the state of Nebraska, and we have offices located in Seward, Lincoln, and Omaha.
Drug Stops in Seward
In Seward, Interstate drug possession defense revolves around the stop, detention, search, and arrest of all individuals involved. Law enforcement occasionally violates a driver’s fourth amendment rights by unlawfully searching a vehicle. Our criminal defense lawyers at Berry Law have won suppression hearings in Seward County in which evidence was suppressed and the case dismissed due to unlawful conduct by either the state patrol or sheriff’s office.
Understanding the Classifications of Drugs
Nebraska has a comprehensive classification of drugs and drug-related crimes that, depending on the charge, can carry significant punishments. In the state, it is not only illegal to possess many drugs, but also the ingredients that can be used to make certain drugs, regardless of whether the individual intended to sell the substances. If you are facing charges for drug crimes, you should consult with a Seward attorney. These allegations could result in hefty fines, significant prison time, and a permanent mark on your record.
Controlled substances are divided into five schedules ranging from Schedule I to Schedule V. They are categorized based on their accepted medical use and the potential for abuse, with Schedule I having the highest potential for abuse. The perceived seriousness of the schedule typically corresponds with the level of punishment a person may face. An example of some of the more well-known drugs categorized into different schedules under Nebraska Revised Statutes Annotated §28-405 is as follows:
- Schedule I – heroin, morphine, marijuana and mescaline
- Schedule II – opium, codeine, and oxycodone
- Schedule III – benzphetamine, cholorphentermine, and clortermine
- Schedule IV – barbital, chloral betaine, and chloral hydrate
- Schedule V – classified by maximum quantity levels of certain drugs, such as no more than 200 milligrams of codeine, 100 milligrams of dihydrocodeine, and 100 milligrams of ethlymorphine
Regardless of the specific schedule, charges related to any controlled substance can result in serious penalties. The penalties only increase if a person is suspected of selling drugs.
Felony Charges for Controlled Substances
Under Neb. Rev. Stat. Ann. §28-416, those charged with possession with intent to distribute a Schedule I, II, or III drug that is considered to be exceptionally hazardous will face a Class II felony. Possession with intent to distribute any other substance in these classes is a Class IIA felony. Those facing lower-level drug offenses for Schedule IV and V are likely to be charged with a Class IIA felony.
Depending on the circumstances of your case, a drug defense attorney from Seward could help the accused pursue a lower-level felony charge for their offense. Because possession of a Schedule II drug can result in Class II or Class IIA charges depending on the perceived hazardousness of the drug, there may be room for negotiation.
Consult a Seward Drug Attorney Today
Depending on your situation, you may be facing charges containing substantial fines and jail time. Even if your case is for a minor offense, the long-term ramifications of these punishments on your record can lead to a lifetime of difficulties.
A drug lawyer in Seward could sit down with you, review your case, and begin discussing your legal options with you. After this discussion, your attorney can begin building your defense.
Why Choose Berry Law?
At Berry Law, we have been protecting the rights of the accused since 1965. Our attorneys handle cases throughout the state of Nebraska, defending individuals who’ve been caught with possession of marijuana, cocaine, methamphetamine, hash, or ecstasy. We have also protected the rights of clients when large amounts of cash were seized by law enforcement. We handle drug cases in both state and federal courts, all the way from simple possession of a controlled substance to trafficking, manufacturing, distribution, and federal drug conspiracies.
Protect your future. Protect your rights. Contact a Seward drug defense attorney at Berry Law.