The law treats crystal methamphetamine differently than what is known as “meth mix.” Federal charges for crystal meth are based on weight and purity. For example, charges of conspiracy to distribute a substance containing more than 50 grams of methamphetamine “mix” will carry a term of 5 to 40 years in prison. However, a person charged with possession with intent to distribute more than 50 grams of crystal meth faces a potential federal sentence of 10 years to life in prison. Under federal law, 50 grams of crystal meth is treated the same as 500 grams of methamphetamine mix.
In Nebraska state courts…
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Anything larger than a “user amount” is often charged as possession with intent to distribute. Law enforcement will look at several factors to determine if a case is simple possession or possession with intent. Along with the amount of meth found in your possession, evidence considered in these types of cases includes:
Berry Law Firm relentlessly protects the Constitutional rights of the clients we represent in Nebraska. While some crystal meth defenses revolve around law enforcement’s violation of fourth amendment rights (illegal traffic stops, searches, or arrests), other defenses challenge whether the methamphetamine seized is a possession amount or a distribution amount.
In Nebraska, when a car is stopped and methamphetamine is found inside, everyone in the vehicle is charged with either possession or possession with intent to distribute. Sometimes, innocent people are arrested because they live with someone in possession of meth.
For example, in 2017, a Berry Law Firm criminal defense attorney represented an individual whose girlfriend was selling methamphetamine unbeknownst to him. The girlfriend was ultimately stopped by law enforcement. When methamphetamine was found in her purse, both she and the passenger were charged. While the passenger was ultimately found not guilty, this case is an example of how law enforcement can overreach during methamphetamine prosecutions.
At the Berry Law Firm, we have been zealously protecting the rights of clients in Nebraska since 1965. Together, we have successfully represented individuals charged with drug offenses in both state and federal courts. Protect your rights. Protect your future. Contact our team of attorneys at Berry Law Firm to begin discussing your methamphetamine defense.
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