Federal drug possession involves holding or controlling a controlled substance without legal justification, a serious offense under federal law. Conviction can lead to substantial fines and imprisonment, reflecting the seriousness of the crime. Liberty Law Group provides the following information on federal drug possession, including the penalties associated with it, viable defenses, and the vital role of a criminal defense lawyer in these cases.
Attorney for Federal Drug Possession
Federal Drug possession can result in severe consequences without proper representation. Our lawyers at Liberty Law Group are dedicated to defending those charged with Drug Crimes.
Our firm proudly serves the communities of Omaha, Lincoln and surrounding areas of Douglas, Lancaster, Cass, Sarpy, Saunders, Dodge, Washington and neighboring counties. We also represent those charged with drug crimes in Iowa, including Council Bluffs and surrounding areas of Pottawattamie County. If you or a loved one has been charged, arrested or is under investigation for any drug-related crime, don’t hesitate to call us at (402) 865-0501 to request a free consultation to discuss the facts of your case. Our experienced drug crime attorneys defend those charged under state or federal law and work tirelessly to pursue the most favorable outcome possible for every case we handle.
- How Federal Drug Possession is Defined in Nebraska
- How Federal Drug Possession is Prosecuted in Nebraska
- How Lawyers Defend Against Federal Drug Possession Charges
- How Lawyers Can Help Clients Charged With Federal Drug Possession
- Additional Resources
What is Federal Drug Possession?
Federal drug possession refers to the act of holding or having control over a controlled substance that is regulated by federal law, without a legally valid reason. This encompasses situations where an individual knowingly or intentionally has such substances in their possession. The individual must be aware that they have the substance and intend to possess it.
Controlled substances are various drugs and chemicals that are classified under the Controlled Substances Act due to their potential for abuse and dependency. Possession of these substances is illegal unless the individual has obtained them through legal means. This includes acquiring the substance directly from a practitioner as part of a valid prescription or order.
What are the Penalties for Federal Drug Possession
The penalties for federal drug possession are determined by the classification of the offense and the circumstances under which the possession occurred. Under 21 U.S. Code § 844, the basic penalty for simple possession of a controlled substance is a fine of at least $1,000 and/or imprisonment for up to one year. This is the standard penalty for a first-time offender without any prior drug convictions.
However, the law imposes enhanced penalties for individuals with prior drug convictions. If a person commits the offense of federal drug possession after having a prior conviction under federal or state law related to drug, narcotic, or chemical offenses, the penalties increase. In those cases, the individual is subject to a minimum imprisonment of 15 days but not more than two years, and a minimum fine of $2,500.
The penalties escalate further if the individual has two or more prior convictions under the same criteria. In these circumstances, the law mandates a minimum imprisonment of 90 days but not more than three years, and a minimum fine of $5,000.
Additionally, for possession of certain specific substances, such as flunitrazepam, the maximum imprisonment term is increased to three years. This is irrespective of whether the individual has prior convictions.
The actual sentence imposed can vary within these limits based on the specifics of the case and the discretion of the sentencing judge.
What are Some Defenses to Federal Drug Possession?
In federal drug possession cases, several defenses can be employed based on the specifics of the case and the details of the statute. One primary defense is the lack of knowledge or intent. Since the statute requires that the possession be knowing or intentional, a defense can be built around the argument that the accused person did not knowingly possess the controlled substance or was unaware of its presence. This defense is particularly relevant in scenarios where the substance was planted or where the accused had no reasonable means of knowing about it.
Another significant defense is legal possession. This comes into play when the controlled substance was legally obtained, such as through a valid prescription from a medical professional.
Challenging the legality of the search and seizure is also a common defense. If the evidence was obtained in violation of the Fourth Amendment rights against unreasonable searches and seizures, the defense can move to have this evidence excluded from the case. This is based on the principle that illegally obtained evidence should not be admissible in court.
Entrapment is another defense that might be applicable in certain situations. If the accused person were induced by law enforcement officers or their agents to commit a crime that they would not have otherwise committed, this can be argued as entrapment. However, this defense requires proving that the initiation of the criminal conduct came from the authorities, not the accused.
Lastly, the defense may also argue about the actual possession, distinguishing between actual possession (having physical control of the substance) and constructive possession (having the power and intention to control the substance), depending on the circumstances of the case.
How Can a Criminal Defense Lawyer Help a Client Facing Federal Drug Possession Charges?
A criminal defense lawyer assists a client in Nebraska charged with drug crimes, including federal drug possession, by offering informed legal guidance and representation. The lawyer’s role includes examining the details of the case and the evidence presented by the prosecution. They ensure the client’s rights are respected during the arrest and investigation, particularly focusing on any potential mishandling or procedural errors. The lawyer also communicates with the prosecutors, potentially negotiating for a plea deal or reduced charges if it aligns with the client’s best interests. In court, the attorney presents the case, cross-examines witnesses, and challenges the prosecution’s evidence. Their aim is to create reasonable doubt about the client’s guilt. Additionally, the lawyer guides the client through the legal process, keeping them informed about their options and the implications of different decisions, such as accepting a plea deal or going to trial.
Additional Resources
Possible Sentences for Federal Drug Trafficking – Provided the DEA, a list of potential penalties and prison sentences for a conviction of a federal drug trafficking charge.
Who Gets Jail Time for Felony Drug Charges? – Report on the individuals convicted of federal drug charges created by the Urban Institute and the Charles Colson Task Force on Corrections. Length of stay and prior criminal histories are noted.
Hiring a Drug Possession Attorney in Nebraska | Liberty Law Group
At Liberty Law Group, our team is dedicated to defending those accused of drug-related offenses in Nebraska. Our firm proudly serves the communities of Omaha, Lincoln and surrounding areas of Douglas, Lancaster, Cass, Sarpy, Saunders, Dodge, Washington and neighboring counties. We also represent those charged with drug crimes in Iowa, including Council Bluffs and surrounding areas of Pottawattamie County. If you or a loved one has been charged, arrested or is under investigation for any drug-related crime, don’t hesitate to call us at (402) 865-0501 to request a free consultation to discuss the facts of your case. Our experienced drug crime attorneys defend those charged under state or federal law and work tirelessly to pursue the most favorable outcome possible for every case we handle.
