In Nebraska, the consequences of being convicted of drug manufacturing often include long prison sentences and significant fines.
Omaha Defense Attorneys for Drug Manufacturing
Drug manufacturing is a serious charge in Nebraska as law and drug enforcement prefer to target manufacturers and dealers rather than the end user. As such, those targeted with drug manufacturing charges face felony penalties and will likely see jail time if convicted.
If you or a loved one have been charged or accused of drug manufacturing in Nebraska, you need to contact an experienced drug manufacturing defense attorney immediately.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
Information Center
- What Is Drug Manufacturing in Nebraska?
- Commonly Manufactured Illegal Drugs in Nebraska
- Penalties for Drug Manufacturing
- Non-Jail Alternatives
- Defenses in Drug Manufacturing Cases
- Role of a Drug Manufacturing Lawyer
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Drug Manufacturing Charges in Douglas County, NE
What Is Drug Manufacturing in Nebraska?
Under Nebraska Revised Statute 28-416(1), drug manufacturing includes several actions related to controlled substances. It is unlawful for anyone to knowingly or intentionally produce or create controlled substances. This includes every step of the production process such as:
- Cultivating plants used to make drugs.
- Synthesizing chemical compounds used to create drugs.
- Preparing these substances for distribution.
To convict someone of drug manufacturing, the prosecutor must show that the accused person was aware of the controlled substance and had the intent to produce or create it. This can be proven through:
- Possession of large quantities of precursor chemicals or equipment.
- Detailed instructions for manufacturing drugs.
- Paraphernalia associated with drug distribution (e.g., scales, packaging materials).
Commonly Manufactured Illegal Drugs in Nebraska
- Methamphetamine: Often produced in clandestine labs due to its high addictive potential.
- Cocaine: Both powdered cocaine and its derivative crack cocaine are often processed and distributed.
- Synthetic Opioids: Especially fentanyl, which is potent and frequently mixed with other substances contributing to overdose risks.
Penalties for Drug Manufacturing
| Offense Classification | Penalties |
|---|---|
| Class II Felony | 1 to 50 years in prison (for Schedule I, II, or III drugs that are exceptionally hazardous). |
| Class IIA Felony | Up to 20 years in prison (for other Schedule I, II, or III drugs). |
| Class IIIA Felony | Up to 3 years in prison, up to 18 months of post-release supervision, and/or a fine of up to $10,000 (for Schedule IV or V substances). |
| Class IB Felony | 20 years to life in prison (for manufacturing 140 grams or more of cocaine, crack, heroin, amphetamines, or methamphetamines). |
| Class IC Felony | 5 to 50 years in prison (for manufacturing 28 to 140 grams of cocaine, crack, heroin, amphetamines, or methamphetamines). |
| Class ID Felony | 3 to 50 years in prison (for manufacturing 10 to 28 grams of the substances mentioned above). |
| Enhanced Penalties | One classification higher for manufacturing near schools, playgrounds, or involving minors, capped at a Class IB felony. |
Non-Jail Alternatives
In Nebraska, there are options for non-jail alternatives, particularly for non-violent offenders or those with substance abuse issues. These alternatives include:
- Probation: Allows individuals to remain in the community under court supervision.
- Adult Drug Court: Available for non-violent felony offenders who plead guilty. Participants are required to undergo regular treatment, court appearances, and drug testing.
- Treatment Diversion Program: Designed for those with substance use and mental health issues. It offers tailored treatment to avoid jail time and conviction for low-level felonies.
Defenses in Drug Manufacturing Cases
- Lack of Intent: The prosecution must prove that the defendant knowingly or intentionally engaged in drug manufacturing.
- Illegal Seizure: If the police violated the defendant’s Fourth Amendment rights by conducting an unlawful search or seizure, the evidence may be inadmissible in court.
- Mistaken Identity: This defense focuses on proving that the defendant was wrongly identified, often supported by alibis, witness testimony, or other evidence.
Role of a Drug Manufacturing Lawyer
Explain the Charges: Your drug crime lawyer will break down the charges so you fully understand the legal process and what to expect.
Review the Evidence: They will carefully examine all evidence, including police reports, witness statements, and lab results, to find weaknesses in the case against you.
Protect Your Rights: At every stage, your lawyer ensures that your rights are upheld, particularly during the investigation and arrest process.
Negotiate Plea Deals: If it is in your best interest, your lawyer may negotiate with prosecutors to reduce charges or penalties.
Prepare for Court: Your lawyer will prepare you for court appearances, explaining how the proceedings will unfold and advising you on how to respond to questions.
Challenge the Prosecution’s Case: By questioning the credibility of evidence and witnesses, your lawyer can expose weaknesses in the prosecutor’s case.
Frequently Asked Questions
What is drug manufacturing under Nebraska law? Drug manufacturing includes knowingly producing, creating, or preparing controlled substances as defined under Nebraska Revised Statute 28-416(1).
What are the penalties for drug manufacturing in Nebraska? Penalties range from 3 years to life imprisonment depending on the drug type, amount, and involvement of minors.
What are commonly manufactured illegal drugs in the U.S.? Commonly manufactured drugs include methamphetamine, cocaine, and synthetic opioids like fentanyl.
Can I avoid jail for a drug manufacturing conviction? Probation and treatment-focused programs like Adult Drug Court and Treatment Diversion Program may be available.
What is the role of a lawyer in drug manufacturing cases? A lawyer explains charges, reviews evidence, protects rights, negotiates plea deals, and challenges prosecution weaknesses.
What is the Douglas County Adult Drug Court? This program provides structured rehabilitation, monitoring, and supervision for individuals charged with drug-related felonies.
Can I be charged for intent to manufacture drugs without completing the process? Yes, possessing chemicals and equipment with intent to manufacture can lead to charges even without completing production.
What factors increase penalties in drug manufacturing cases? Penalties increase if minors are involved or if the drugs are manufactured near schools or playgrounds.
Additional Resources
- Nebraska Drug Manufacturing Law: This law outlines all illegal activities concerning the manufacture and distribution of controlled substances, specifying penalties and the legal scope of enforcement.
- Lancaster County Narcotics Prosecution Division: This division focuses on reducing drug abuse and drug-related crimes through targeted prosecution and rehabilitation efforts.
- Douglas County Adult Drug Court Eligibility Criteria: This program helps non-violent felony offenders struggling with substance abuse to avoid prison and receive treatment through structured court supervision.
- Federal Drug Manufacturing Law: In addition to state law, federal law covers the manufacture and distribution of controlled substances, imposing severe penalties for violations.
Hire an Attorney for Drug Manufacturing Charges in Douglas County, NE
The skilled team at Liberty Law Group is ready to build your defense against all drug crimes, including drug manufacturing.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
