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Omaha Drug Crime Defense Lawyer


Charged with a Drug Crime?

Many drug crimes carry heavy penalties in the state of Nebraska. If you have been arrested and charged with a drug offense, your freedom may be at risk. Marijuana is not legalized in Nebraska for medical and recreational use, as it is in many other states. The most common drug crimes charged in Nebraska include:

  • Drug possession
  • Possession with intent to distribute
  • Drug manufacturing
  • Drug trafficking
  • Prescription drug offenses
  • Grow house cases

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Drug Crimes: Misdemeanor or Felony?

The level of the charge filed will be based on a set of factors evaluated by the prosecutor, which include:

  • The type of drug
  • The alleged quantity
  • Where the alleged sale took place
  • The age of the buyer of the substance
  • The prior criminal record of the accused

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two men exchanging money and drugs near a vehicle

Drug Crime Penalties and Nebraska Law

Under state law, drugs are classified based on the danger of the drug, whether it comes with a high risk of abuse or addiction, and whether it has any medical value.

  • Schedule I: These drugs pose a high risk of abuse or addiction and include heroin, LSD, ecstasy, and marijuana.
  • Schedule II: Drugs with approved medical uses but are known to pose a high risk of addiction or abuse, such as oxycodone, hydrocodone, cocaine, fentanyl, and other opioids and similar drugs.
  • Schedule III: Drugs considered to carry a moderate risk of dependency, including codeine, steroids, ketamine.
  • Schedule IV: Xanax, Ambien, ephedrine, and other drugs with medical use have a limited risk of leading to dependency.
  • Schedule V: Drugs that pose the least risk of abuse or addiction, such as various cough preparations.

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Drug Crime Penalties in Nebraska

The penalties for drug crimes will reflect the quantity of the drug and the drug schedule. For example, if the drug is listed on Schedule I, the punishments imposed are more severe, even for possession of a smaller quantity, charged as a Class II felony, with penalties that include from 1 to 50 years in state prison. Possession of any drug listed on Schedule I, II, and III, are typically filed as a Class IV felony. If convicted, the penalties can include up to two years in prison, a year of post-release supervision, and fines up to $10,000.

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Marijuana Crime Penalties

A first-time possession of marijuana (up to one ounce) charge is filed as an infraction and may include fines and mandatory attendance to a drug education course. A second offense carries higher penalties, is filed as a misdemeanor, and jail time may be imposed. Possession of larger amounts of marijuana are punished more heavily.

For quantities between an ounce and a pound of marijuana, the penalties imposed may be fines up to $500 and up to three months in jail. Distribution (trafficking) charges are often filed when it is believed that the accused had the intent to distribute, based on the possession of larger quantities of marijuana, with penalties that include up to 20 years in prison. The penalties imposed will reflect the quantity, the prior criminal record, and other factors.

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Defenses for Drug Crime Charges: Can You Avoid Conviction?

Being caught in the criminal justice system in a drug case is a frightening legal situation. The outcome of your case will reflect, in large part, the skills and experience of your drug crime defense attorney. Some of the possible defense strategies include:

  • Illegal police stop, search, and seizure
  • The drugs were not yours
  • Errors occurred in the chain of custody of evidence
  • Lab errors

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Connect with Us.

If you are under investigation or charged with a drug crime, the outcome of your case could change your life forever. At Bottlinger Law L.L.C., we have over 15 years of experience in criminal defense. Exercise your constitutional right to remain silent, and the right to an attorney and contact us to discuss your case at (402) 505-8234.

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