Nebraska Drug Trafficking Legal guidelines and Penalties – Omaha Criminal Protection Lawyer

In favor of Tom Petersen Published in Drug crime on Monday, December 28, 2020

Drug trafficking is an umbrella term for the most serious drug offenses in a state. Convictions for drug-related crimes often translate into long prison terms, heavy fines, and long prison terms after their release from prison. Additional legal ramifications come from a drug trafficking conviction in Nebraska, which can also complicate your recovery path.

You need a tough, dedicated, and experienced drug defense attorney when you are charged with drug trafficking in Nebraska. Every case is different. Hence a seasoned drug trafficking defender could help develop a comprehensive defense strategy that gives you the best chance of success.

Nebraska Drug Trafficking Fees

Nebraska’s Drugs Act Prohibits the manufacture, supply, dispensing or possession of substances with the intention of manufacturing, supplying or dispensing substances under the Regulated Substances Act. The weight of the drug is not relevant. Instead, the person’s intent determines the severity of the crime.

The law states that if the substance is an “exceptionally dangerous drug” such as heroin, cocaine, or methamphetamine, as defined in Appendix I, II, or III of the Nebraska Drug Acts, committing prohibited acts is a Class II offense . Otherwise, the offense is a Class IIA offense if the drug is listed in Appendix I, II or III but is not an “exceptionally dangerous” substance.

A person is guilty of a Class IIIA crime if the substance is listed on Appendix IV or V, including marijuana.

The simple possession of a controlled substance, other than marijuana, is a Class IV crime. “Simple possession” refers to a controlled substance for personal use and not the intent to transfer it to another person. Possessing marijuana between an ounce and a pound is a Class III offense. Possessing less than an ounce of marijuana is punishable by a fine.

Penalties for drug trafficking

Narcotics trafficking refers to the possession of a controlled substance with the intention of distributing drugs based on the weight of the substances. The Nebraska Drug Trafficking Act provides more severe penalties based on the weight of the drug. The law provides three weight levels for drug trafficking:

• Possessing 10 to 28 grams of cocaine, crack, heroin, or methamphetamine is a Class ID crime.
• Possessing 28 to 140 grams of cocaine, crack, heroin, or methamphetamine is a class IC crime. and
• Possession of more than 140 grams of cocaine, crack, heroin, or methamphetamine is a Class IB crime.

The total weight of the substance contains another substance mixed with the narcotics. Prosecutors must prove that the alleged perpetrator owned these drugs with the intention of passing them on to another person for a human trafficking conviction.

Sentences about drug trafficking

Nebraska, like many other states, divides crimes into classes. The possible penalties for drug trafficking, as well as any mandatory minimum penalties, are:

• Class IV crimes – a maximum of two years in prison and up to one year supervised release;
• Class IIIA crimes – a maximum of three years imprisonment with a maximum of 18 months supervised release;
• Class III crimes – maximum sentence of four years with two years’ release under supervision;
• Class IIA crimes – maximum sentence of 20 years with no minimum sentence;
• Class II crimes – maximum sentence of 50 years with a minimum sentence of one year;
• Crimes with class ID – maximum sentence of 50 years with a minimum sentence of three years;
• Class IC crimes – maximum sentence of 50 years with a minimum sentence of five years; and
• Class IB crimes – Maximum sentence for life in prison with a minimum sentence of 20 years.

In addition to those harsh sentences, a person charged with drug trafficking in Nebraska faces driving license revocation, the consequences of immigration, if not a citizen, and the suspension of a professional license.

How can a lawyer help with my drug trafficking fees?

A knowledgeable and experienced drug trafficking attorney in Nebraska knows how to build an aggressive defense. Depending on your case, a staunch drug trafficking defender may:

• Argue to suppress evidence because the police violated your right to be free from unreasonable searches and seizures.
• Move to dismiss the case for lack of evidence;
• Present evidence in court showing you were unrelated to the drugs;
• Show that you possessed the medication for personal use because of a drug habit. or
• Reach a bargain with the prosecutor to avoid jail time and provide you with the help you need to beat your addiction.

The best thing to do is to speak to a drug defense attorney in Nebraska to decide which defenses are best for you.

Aggressive defense against drug trafficking charges in Nebraska

Nebraska’s drug trafficking laws are tough and unforgiving. That’s why you should speak to Tom Petersen and his team Petersen criminal law. Tom offers no-obligation, free consultations for anyone facing criminal charges. Call Tom today at 402-509-8070 to protect your future.

Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of the Top 50 Nebraska Defense Lawyers by more than 5,000.

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