With the rise of prescription opioid abuse and a growing fentanyl dependence crisis, Nebraska has fallen in line with other states in targeting those distributing, producing, and possessing large amounts of fentanyl. Fentanyl-related offenses such as illegal possession, distribution, or production of fentanyl and its analogs come with severe legal consequences. Possession charges can often be remedied with alternative punishments such as rehabilitation, but it often takes an attorney to push for this remedy.
Omaha Lawyer for Fentanyl Crimes
Many states have taken an aggressive stance against the distribution, creation, and possession of fentanyl and other opioids – unfortunately, this means that some innocent people get caught in the crossfire and are either charged incorrectly or harsher than they should be.
If you have been charged with a crime related to fentanyl in Nebraska, you need to contact the experienced drug defense attorneys at Liberty Law Group.
If you or a loved one has been charged or is under investigation for felony drug charges, call our firm immediately at (402) 865-0501 to request a free consultation and discuss the facts of your case.
- About Fentanyl
- Classification of Fentanyl in Nebraska
- Penalties for Fentanyl Crimes
- Non-Jail Alternatives
- Defenses to Fentanyl Charges
- Role of a Fentanyl Possession Lawyer
- Frequently Asked Questions
- Additional Resources
- Hire a Defense Attorney for Fentanyl Crimes in Omaha NE
About Fentanyl
Fentanyl is a highly potent synthetic opioid roughly 50 to 100 times more powerful than morphine. Medical professionals prescribe it primarily for severe pain management, such as in cancer patients or after surgery. Fentanyl works by binding to opioid receptors in the brain, reducing pain while also increasing the risk of addiction and overdose.
When fentanyl is illegally produced or mixed with other drugs like heroin or cocaine, its potency poses a significant risk. Even a small amount can cause respiratory failure, leading to fatal overdoses. Fentanyl’s contribution to the opioid crisis is considerable due to its extreme potency. Because of its high risk and deadly nature, law enforcement in Nebraska and throughout the country is especially aggressive when prosecuting fentanyl crimes.
Classification of Fentanyl in Nebraska
Fentanyl is classified under Nebraska Revised Statute 28-405 in both Schedule I and Schedule II categories of controlled substances:
- Schedule I: Includes fentanyl analogs like alpha-methylfentanyl and acetyl fentanyl. These substances are considered to have no accepted medical use and are highly prone to abuse.
- Schedule II: Lists fentanyl itself and its derivatives (e.g., sufentanil, alfentanil), recognizing them for medical use but with severe restrictions due to their high potential for abuse.
Penalties for Fentanyl Crimes
| Classification of Offense | Penalties |
|---|---|
| Class II Felony (Schedule I analogs) | 1 to 50 years in prison. |
| Class IIA Felony (Schedule II substances) | Up to 20 years in prison for less severe violations. |
| Class IB Felony (Severe violations of Schedule II substances) | 20 years to life in prison. |
Non-Jail Alternatives
Probation: Avoids jail time but requires following strict conditions like attending treatment programs and staying drug-free.
Drug Court: Offers rehabilitation through intensive supervision, drug testing, and counseling.
Veterans Treatment Court: Provides support and rehabilitation for veterans struggling with substance use.
Young Adult Court: Focuses on young offenders offering rehabilitation programs.
Diversion Programs: If charges are pending, participation in a diversion program (e.g., Lancaster County’s Treatment Diversion Program) may lead to the dismissal of charges upon successful completion.
Defenses to Fentanyl Charges
- Lack of Knowledge or Intent: A defendant can claim they did not know the substance in question was fentanyl or that they did not knowingly possess it.
- Unlawful Search and Seizure: Defendants may argue that the fentanyl was discovered through an unlawful search by law enforcement.
- Mistaken Identity: In some cases, mistaken identity may be a valid defense.
- Entrapment: Entrapment occurs when law enforcement pressures someone into committing a crime they would not have committed otherwise.
Role of a Fentanyl Possession Lawyer
- Explaining Charges and Penalties: Ensuring you understand what you are being charged with and the potential penalties.
- Examining Evidence: Reviewing the evidence presented by the prosecution to find weaknesses or inconsistencies.
- Negotiating: Working with the prosecution to potentially reduce charges or negotiate a more lenient sentence.
- Court Representation: Defending you in court by cross-examining witnesses, presenting arguments, and challenging the prosecution’s case.
- Plea Deals: Advising you on whether to accept a plea deal or proceed to trial.
- Guidance and Support: Keeping you informed about the status of your case and providing ongoing support throughout the legal process.
Frequently Asked Questions
What is fentanyl? Fentanyl is a potent synthetic opioid 50-100 times stronger than morphine used medically but highly addictive.
What are fentanyl crimes in Nebraska? Fentanyl crimes include illegal possession, distribution, manufacturing, or creating counterfeit fentanyl under Nebraska law.
What Nebraska laws apply to fentanyl crimes? Nebraska Revised Statute 28-405 and 28-416 govern fentanyl crimes covering offenses like possession, distribution, and manufacturing.
What are the penalties for fentanyl crimes in Nebraska? Penalties vary with Class II felonies carrying up to 50 years and severe cases leading to life imprisonment.
Can someone convicted of fentanyl possession avoid jail? Yes, probation or diversion programs may be options depending on the severity of the offense and individual circumstances.
What are common defenses to fentanyl charges? Defenses include lack of intent, unlawful search, mistaken identity, entrapment, and insufficient evidence.
How can a fentanyl defense attorney help with a criminal charge? A lawyer reviews evidence, negotiates with prosecution, challenges weak points, and advises on plea deals or trial strategies.
What is fentanyl possession with intent? It refers to having fentanyl with plans to manufacture, distribute, deliver, or dispense the drug proven by circumstantial evidence.
What is constructive possession in fentanyl cases? Constructive possession means the accused controlled the location where fentanyl was found even without direct possession.
What are the consequences of manufacturing fentanyl? Manufacturing fentanyl involves harsh penalties including up to life imprisonment for Class IB felony offenses in severe cases.
Additional Resources
- Nebraska Fentanyl Possession Laws: This outlines the legal consequences for unauthorized possession, distribution, or manufacturing of fentanyl, categorizing these actions as serious felonies under Nebraska law.
- Overdoses Drop Nearly 40 Percent Since Formation of Omaha Task Force: This report highlights the success of local efforts to reduce fentanyl-related overdoses in Omaha, demonstrating the impact of coordinated law enforcement actions.
- Lancaster County Narcotics Division: A specialized team working to reduce fentanyl and other drug-related crimes through legal actions and rehabilitation programs.
- Quick Facts on Fentanyl Trafficking Offenses: Published by the United States Sentencing Commission, this document provides statistics on fentanyl trafficking crimes, sentencing trends, and demographics of offenders involved in fentanyl cases at the federal level.
Hire a Defense Attorney for Fentanyl Crimes in Omaha NE
At Liberty Law Group, our attorneys blend extensive legal expertise with a client-centered approach, ensuring you as our top priority. Rely on us to handle your case and provide a robust defense against drug and controlled substance allegations.
We proudly serve Omaha in Douglas County, Lincoln in Lancaster County, Papillon in Sarpy County, Fremont in Dodge County, and Council Bluffs in Pottawattamie County, Iowa, as well as the surrounding areas. If you or a loved one is facing charges or is under investigation for felony drug charges, don’t hesitate. Call us immediately at (402) 865-0501 to request a free consultation and discuss the specifics of your case.
