Drug Crime Defense Attorney in Omaha

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Omaha, NE Drug Crime Defense Lawyers

Brian Kuester
Attorney Brian Kuester
Omaha Drug Crime Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley
Defense Team Lead
Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

Depending on the circumstances, criminal charges for drug possession or drug distribution in Omaha, Nebraska, are punishable by severe penalties. The amount and type of drugs you possess are just two examples of the many variables that can affect drug charges and the potential punishments that come with a conviction.

Although it is not a crime to possess less than an ounce of marijuana, it is nonetheless an infraction that is punishable by fines and drug education courses. Possessing more than one ounce or selling it is also prohibited as a criminal offense.

It is a felony offense in the state to possess any other kind of restricted substance without a prescription, including so-called “street drugs.” Additionally, it is a serious criminal offense – one that is subject to a mandatory state jail sentence upon conviction – to possess any narcotic with the purpose of selling it. It is crucial for those charged with drug offenses in Omaha, Nebraska, to take the proper precautions to protect themselves because of these severe penalties.

One of those precautions is to hire the best drug defense team you can find.

The Criminal Defense Firm is here to help.

Drug Possession Laws Regarding Marijuana in Omaha

Possession of marijuana in excess of one ounce is prohibited as a crime in Nebraska. According to Nebraska Revised Statutes 28-416, marijuana possession of less than that amount is punishable as an infraction rather than as a crime. If the police search you and discover less than an ounce of marijuana, they may issue a $300 citation and require you to take a drug education course. However, you will not have a criminal conviction on your record.

The possession of larger quantities of marijuana, or subsequent convictions for trace possession, is a crime and comes with higher penalties, including the collateral consequences of having a blemish on your criminal history:

Second conviction for possessing an ounce of marijuana or less:

  • Class IV misdemeanor
  • $500 fine

Third or subsequent conviction for possessing an ounce of marijuana or less:

  • Class IIIA misdemeanor
  • $500 fine
  • Up to 7 days in jail

Any conviction for possessing between 1 ounce and 1 pound of marijuana:

  • Class III misdemeanor
  • $500 fine
  • Up to 3 months in jail

Any conviction for possessing over a pound of marijuana:

  • Class IV felony
  • $10,000 fine
  • Up to 5 years in prison

Aggravating Factors in a Drug Charge

When convicted of a drug felony in Omaha, your sentence may be impacted by several variables. Repeat offenders almost always receive harsher punishments than those who commit drug offenses for the first time.

Even though it is your first offense, though, additional variables may increase the penalties of a conviction. For instance, you might be subject to harsher punishments if you were found guilty of a drug offense near a school or if you knowingly providing narcotics to a youngster.

Laws against Drug Distribution

Any distribution of drugs is prohibited, regardless of whether you allegedly sold them for money or merely gave them to pals. Additionally, possessing drugs with the intent to distribute them is illegal. Charges related to drug distribution are far more severe than those related to simple drug possession. Although it is uncommon for someone to confess to authorities that they intended to sell the narcotics that they were in possession of, prosecutors can – and frequently do – rely on circumstantial evidence to support their case.

That circumstantial evidence can be:

  • Several little drug packets in amounts designed for sale
  • Large sums of cash
  • Measuring tools
  • Customer ledgers
  • Weapons or firearms

The standard charge for selling some of the most dangerous drugs in Omaha is a class II felony, which carries a mandatory minimum prison sentence of one year and a potential maximum sentence of 50 years, per Nebraska Revised Statutes 28-416. These penalties might be increased depending on the quantity of the substance allegedly sold or whether it was sold close to a school.

A strong defense against a drug charge that emphasizes a lack of intent to sell could result in the charges being reduced or dropped.

To uncover drugs, law enforcement has been aggressively stopping motorists on Interstate 80, frequently going beyond the call of duty and making dubious stops. Unfortunately, many out-of-state residents have fallen prey to such actions. If you were the subject of a drug arrest on I-80, a skilled drug crime defense lawyer in Omaha is prepared to assist you in fighting the accusations against you.

Our drug possession attorneys assist out-of-state customers in contesting their I-80 drug arrests using possible arguments like:

  • Absence of probable cause
  • Lack of training for drug-sniffing canines
  • Lack of knowledge
  • Illegal search or seizure

Our attorneys represent all defendants facing drug accusations. The Criminal Defense Firm is renowned for offering individualized and assertive legal representation, regardless of how serious the charge is. Our drug defense attorneys can assist in creating a unique plan to protect your rights vigorously.

Steep Consequences of a Drug Conviction

A drug conviction may have further repercussions beyond jail time and criminal fines. Some landlords, for instance, will not rent to someone with a criminal past – particularly if the prior conviction was for a drug offense.

In Omaha, it is legal for both employers and landlords to exclude candidates with a criminal record. In addition, hiring managers could be hesitant to use a candidate with a drug conviction in their past. It is often challenging for former convicts to get employment or housing for the rest of their life because of these convictions.

Your constitutional rights may potentially be affected by a felony drug conviction, as well. You may lose your right to possess a firearm if you are found guilty of a felony drug offense. Following a conviction for a felony, you may also lose your right to vote. Due to these repercussions, working with a lawyer who can create a strong defense plan and pursue a reduction or possible dismissal of your drug charges is critical.

Defending Against Drug Crimes

In Omaha, drug offenses are treated severely and stigmatized once they appear on your criminal record. It is essential to have a knowledgeable drug attorney because this record of a prior drug conviction may hamper your ability to find work in the future and move on with your life.

There are several potential defense strategies that your attorney can use to protect your rights and your future.

Criminal defense lawyers can challenge drug-related crimes based on your Fourth Amendment rights, which protect you from unreasonable searches and seizures. When the government cannot demonstrate a valid justification for the search of your home, vehicle, or person, this argument may be a strong one that can exclude any evidence that was obtained from trial.

Additionally, there are often numerous opportunities to raise reasonable doubts about the case against you. These factual defenses can be especially strong in drug cases that require a showing of an intent to sell.

Frequently Asked Questions About The Criminal Defense Firm and Drug Crime Defense in Omaha

What if I Bought Marijuana Legally from Out-of-State?


Even if you buy marijuana legally in a state that has legalized the substance for medicinal or recreational purposes, possessing it in a state that has not legalized it, like Nebraska, is still punishable.

State drug laws only reach to the borders of the state that passed them. They do not intrude into other states nearby. The legality of marijuana that you may have bought in Colorado does not follow it once it passes over the state line and into Nebraska.

Additionally, federal law still treats marijuana as a controlled substance. Taking it over state lines can be prosecuted as a federal offense, particularly if there were large amounts of the substance.

Why Should I Hire The Criminal Defense Firm?


For two main reasons: Because we have extensive experience in federal court, including defending against federal drug offenses, and because we only employ senior level attorneys at our Omaha firm.

The difference between handling state and federal offenses is often understated. Federal court is far more different and serious than state court is, primarily because of the extensive resources that federal prosecutors can tap into. You will be up against some of the largest and most powerful law enforcement agencies in the world. You need a defense team that is used to dealing with them.

Our senior level attorneys have long histories defending clients, both in state and in federal courts. Because we only employ senior lawyers, you can rest assured that all of the aspects of your case are being handled by attorneys with more than a decade of experience, rather than by junior associates or paralegals.

Why Doesn't The Criminal Defense Firm Call Itself the Best Drug Defense Team in Omaha?


Because we would rather just let our prior clients say those sorts of things about us, instead. Read their testimonials here.

The Criminal Defense Firm: Drug Defense Lawyers for Defendants in Omaha, Nebraska

If you have been arrested and charged with a drug crime in Omaha, Nebraska, you need strong legal support. The defense attorneys at The Criminal Defense Firm have you covered. Contact us online or call our law office at (866) 603-4540 to get started on your case immediately.

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