Drug conspiracy in Nebraska involves an agreement to commit a drug-related felony, a charge that can lead to severe legal consequences. This piece offers a clear breakdown of what constitutes drug conspiracy, the potential penalties upon conviction, available defenses, alternatives to jail time, and the role of a criminal defense lawyer.
Omaha Drug Conspiracy Defense Lawyer
The criminal defense attorneys at Liberty Law Group are well-versed in intent-based crimes, including Drug Conspiracy. If you’ve been accused by law enforcement of setting up or entering into an agreement to commit a drug-related felony, then we are here to help. Our defense lawyers are strong advocates for our clients, and will walk you through every step of the way while doing research, building a defense and interviewing witnesses.
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.
Drug Conspiracy in Nebraska
- How Nebraska defines Drug Conspiracy
- How Nebraska prosecutes Drug Conspiracy charges
- How a lawyer can defend against Drug Conspiracy charges
- How a lawyer can help someone charged with Drug Conspiracy
- Additional Resources
What is Drug Conspiracy in Nebraska?
Under Nebraska Revised Statute 28-202, drug conspiracy is defined as an agreement between two or more persons to commit a drug-related felony. This agreement must have the intention to promote or facilitate the commission of a felony that involves controlled substances. The law breaks down the concept of drug conspiracy into several key components.
Firstly, there must be an agreement. This means that the individuals involved have come to a mutual understanding to engage in or cause certain drug-related activities. These activities could include manufacturing, distributing, delivering, or possessing controlled substances with the intent to engage in further distribution or delivery. The agreement doesn’t need to be formal; it can be implied from the actions and circumstances surrounding the individuals involved.
Secondly, there must be intent. The individuals involved must have the intention to promote or facilitate the commission of a drug-related felony. This implies a level of awareness and purpose behind their actions related to controlled substances.
Thirdly, the law requires an overt act. This means that at least one person involved in the conspiracy must take an actual step towards committing the drug-related felony. This act doesn’t need to be a criminal act by itself but should indicate that those involved are moving forward with their plan. Examples could include acquiring materials for drug manufacturing or making arrangements for drug distribution.
Furthermore, the law states that a person is also guilty of drug conspiracy if they are aware that their co-conspirator has agreements with other individuals for the same criminal objective. This applies regardless of whether they know the identities of these additional conspirators.
Lastly, the law recognizes a single conspiracy charge even if the agreement involves multiple drug-related crimes, as long as these crimes are part of the same arrangement or continuous conspiratorial relationship.
What are the Penalties for Drug Conspiracy in Nebraska?
In Nebraska, the penalties for drug conspiracy depend on the severity of the felony that is the object of the conspiracy. According to Nebraska Revised Statute 28-202, the crime of conspiracy is classified as the same level of offense as the most serious crime that is being conspired. However, there is an exception: if the conspired offense is a Class I felony, the conspiracy is classified as a Class II felony instead.
For context, Nebraska’s penalty structure for felonies ranges from Class IV, which is the least severe, to Class I, which carries the most severe penalties. Class IV felonies are punishable by 0-2 years behind bars followed by up to a year of post-release supervision, and/or a fine of up to $10,000. A Class II felony is punishable by 1-50 years in prison.
What are Some Defenses to Drug Conspiracy in Nebraska?
An important defense is the lack of intent. Since drug conspiracy requires an intention to promote or facilitate a drug-related felony, proving the absence of this intent can be a powerful defense. This might involve demonstrating that the accused did not have knowledge of the conspiracy or did not agree to participate in the criminal plan.
Another defense relates to the absence of an overt act. The law says that for a conspiracy charge to hold, there must be an overt act in furtherance of the conspiracy. If it can be shown that no such act occurred, or that the accused did not commit or contribute to such an act, this can serve as a strong defense.
The defense of withdrawal from the conspiracy can also be considered. This involves showing that the accused withdrew from the conspiracy before any crime was committed, and that they made a reasonable effort to thwart the conspiracy.
Finally, an entrapment defense could apply when an individual can demonstrate that their involvement in the alleged conspiracy was a result of entrapment by law enforcement. Entrapment occurs when police induce a person to commit an offense that they would not have otherwise committed.
In Nebraska, individuals charged with drug conspiracy may be eligible for probation as an alternative to jail time. This includes both pre-plea and post-plea programs. Probation allows an individual to remain in the community under specific conditions set by the court, which may include attending rehabilitation or counseling sessions, maintaining employment, and avoiding unlawful behavior. For drug conspiracy charges, eligibility for problem-solving courts like Adult Drug Court may depend on the specific nature of the offense and the individual’s criminal history. These courts focus on treatment and rehabilitation for substance abuse issues, with the goal of reducing recidivism. Successful completion of these programs can result in dismissed charges.
How a Criminal Defense Lawyer Helps a Client Facing Drug Conspiracy Charges
In Nebraska, a criminal defense lawyer assists clients charged with drug conspiracy or other drug offenses by providing legal representation tailored to their case. This involves examining the evidence, ensuring the client’s rights were not violated during the investigation or arrest, and representing the client in court. The lawyer can negotiate with prosecutors, potentially reducing charges or seeking alternative sentences like probation or diversion programs. They also guide the client through the legal process, explaining each step and what to expect, ensuring the client makes informed decisions. The lawyer’s role includes preparing for trial, if necessary, by gathering evidence, interviewing witnesses, and building a strong defense strategy. Throughout the process, the lawyer advocates for the client’s interests, aiming to achieve the best possible outcome given the circumstances of the case.
Additional Resources
Nebraska Drug Conspiracy Laws – Nebraska Legislature’s online statute for drug conspiracy crimes. The statute includes definitions and elements of the crime.
Families Against Mandatory Minimums – Non-profit agency fighting to change drug laws which carry severe mandatory minimum sentences. Article focuses on Nebraska woman sentenced to 10 years in prison for minor drug conspiracy charge.
Find a Drug Conspiracy Defense Lawyer Nebraska | Liberty Law Group
Drug Conspiracy is an often vague charge that requires a strong hand to refute. Our criminal defense lawyers at Liberty Law Group have the experience, knowledge and strength to deal with government agencies on behalf of our clients.
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 Pattawattamie 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.
