Drug possession with intent to distribute in Nebraska involves controlling a regulated drug with plans to transfer it to others, a serious offense with severe legal consequences. The following information contains an overview of this law, including what constitutes the offense, the substantial penalties involved, and potential defenses.
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Liberty Law Group stands as the premier choice for cases involving Drug Possession with Intent to Distribute in Nebraska. With a profound understanding of state-specific laws, we employ a strategic and effective legal approach using up-to-date cases and proven defense methods. Choose us for steadfast advocacy, tailored defense strategies, and a commitment to safeguarding your rights in navigating the complexities of drug-related charges in Nebraska.
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Drug possession with intent to distribute Nebraska
- How Drug Possession and Intent and Distribute are defined in Nebraska
- How Intent to Distribute differs from drug possession and how it is prosecuted
- How lawyers can defend against Intent to Distribute charges
- How a lawyer can help someone charged with Intent to Distribute
- Additional Resources
What is Drug Possession with Intent to Distribute in Nebraska?
Under Nebraska Revised Statute 28-416(1), drug possession with intent to distribute is defined as an illegal act involving controlled substances. There are two components of this offense: possession and intent to distribute.
Possession
This aspect of the law refers to having control over a controlled substance. Controlled substances are drugs whose manufacture, possession, and use are regulated by the government under the Uniform Controlled Substances Act. This includes narcotics, stimulants, depressants, and hallucinogens.
Intent to Distribute
This element means that the individual holding the drug plans to deliver it to others. This delivery does not necessarily mean a monetary transaction but includes any form of transfer to another person. The term “distribute” broadly covers actions like selling, sharing, or supplying drugs to others in any manner.
Furthermore, Nebraska law also considers the production and possession of counterfeit controlled substances under this offense. Counterfeit controlled substances are those that are designed to imitate real controlled drugs, either in appearance or effect, but are not genuine.
It’s important to note that this law applies when the actions are not authorized by the Uniform Controlled Substances Act. The Act allows certain professionals, like medical practitioners, to legally manufacture, distribute, or possess controlled substances for valid medical or scientific purposes.
What are the Penalties for Drug Possession with Intent to Distribute in Nebraska?
The penalties for the offense of drug possession with intent to distribute in Nebraska vary based on the classification of the controlled substance involved in the offense. These penalties are outlined in Nebraska Revised Statute 28-105, which details the fines and jail terms for felony offenses. The specific classification of the felony depends on the type of controlled substance and its quantity.
If the controlled substance is classified in Schedule I, II, or III and is considered an exceptionally hazardous drug, the offense is classified as a Class II felony. The penalty for a Class II felony in Nebraska includes a prison term ranging from 1 to 50 years.
If the controlled substance is a non-exceptionally hazardous drug but still falls under Schedule I, II, or III, the offense is classified as a Class IIA felony, which is punishable by up to 20 years in prison.
If the controlled substance falls under Schedule IV or V, the offense is classified as a Class IIIA felony. The penalty for a Class IIIA felony includes a prison term of up to 3 years, followed by 9-18 months of post-release supervision, and/or a fine of up to $10,000.
The law also differentiates the penalties based on certain controlled substances. For substances like cocaine, heroin, amphetamine, or methamphetamine, the penalty varies depending on the amount. Possession with intent to distribute large quantities (over 140 grams) results in a Class IB felony, carrying a penalty of 20 years to life in prison. Lesser quantities result in Class IC or Class ID felonies, with penalties ranging from 3 to 50 years in prison.
Also, if the offense involves distributing or intending to distribute to minors or near schools, playgrounds, or youth centers, the penalty increases. In such cases, the offender is subject to the next higher penalty classification than what is prescribed for the controlled substance involved. However, the maximum penalty cannot exceed a Class IB felony.
For second or subsequent violations under these circumstances, the penalty again increases to the next higher classification than that allowed for the first violation.
Additional penalties may apply if the person possesses a firearm during the commission of the offense, or if money or other assets used in the offense are involved. In these cases, the law allows for an escalated penalty classification.
In Nebraska, individuals charged with drug possession with intent to distribute may have limited options for probation or diversion programs as an alternative to jail. Probation is generally available for various offenses; however, it often excludes those with mandatory minimum sentences or habitual criminals. Since drug possession with intent to distribute can involve serious felony charges, especially with hazardous drugs, eligibility for probation depends on the case specifics. Furthermore, most pre-plea and post-plea programs, like Problem Solving Courts, have restrictions on eligibility. Specifically, distribution of narcotics is listed as an ineligible offense for many of these programs, including Adult Drug Court and the General Diversion Program.
What are Some Defenses to Drug Possession with Intent to Distribute in Nebraska?
In Nebraska, several defenses can be used in cases involving drug possession with intent to distribute. A key defense is contesting the accused’s knowledge of possessing the controlled substance or their intent to distribute it. Since the statute requires the possession and intent to distribute to be “knowing” or “intentional,” proving that the accused was unaware of the substance’s presence or had no intention to distribute can be a valid defense.
If the accused can demonstrate that their actions were authorized under the Uniform Controlled Substances Act, this can serve as a defense. This Act allows certain professionals, like medical practitioners, to legally handle controlled substances. If the accused’s possession and intended distribution were within the bounds of this Act, it could negate the unlawful element of the charge.
Defense may also be based on claims of mistaken identity or false accusations. In such cases, the defense would aim to show that the accused was wrongly identified as the possessor or distributor of the controlled substance.
Another important defense involves asserting that the accused’s constitutional rights were violated during the investigation or arrest. This can include unlawful search and seizure, which is a violation of the Fourth Amendment. If it is proven that the evidence was obtained through illegal means, it may be inadmissible in court.
How Can a Criminal Defense Lawyer Help Someone Facing Drug Possession with Intent to Distribute Charges?
A criminal defense lawyer represents clients in Nebraska charged with drug offenses, including possession with intent to distribute. They offer guidance through the legal process, ensuring the client understands their rights and the charges against them. The lawyer examines the evidence to identify any weaknesses in the prosecution’s case. They also handle all legal filings and court appearances, providing representation in negotiations with prosecutors. This may include working out a plea deal or seeking reduced charges, depending on the case. Additionally, the lawyer can assist in preparing for trial if the case goes to court, including selecting a jury and presenting arguments. Their involvement is aimed at achieving the best possible outcome for the client, whether that means a lighter sentence, case dismissal, or acquittal.
Additional Resources
Nebraska Drug Laws – Nebraska law surrounding controlled substance possession, including possession with intent to distribute. The statute contains the descriptions and classifications of various drug charges.
Overdose Leads to Drug Arrests – Fentanyl overdose death leads to investigation of drug distribution arrest and charges. Cocaine, fentanyl, and heroin were discovered through investigation causing multiple individuals to be charged with drug distribution.
Narcotics Anonymous – National recovery organization providing support and information about recovery for abuse or addiction of narcotics/drugs. Organization has meetings around the country for members and has a network or drug sponsors to aid in the recovery process. Website includes links to find meetings and access literature.
Find a Drug Possession with Intent to Distribute Defense Lawyer Nebraska
Drug charges can be difficult to wrangle properly. Our expert defenders at Liberty Law Group are ready to protect your rights and privacy as our client, and to use our expertise to provide the strongest drug-related criminal defense in Nebraska.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for a drug related crime, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
