When most people think of felony drug distribution charges, they think of someone shipping large amounts of cocaine or methamphetamine from places like California and Mexico to Lincoln and Omaha. However, under Nebraska laws, distribution can also be sharing a marijuana joint with a friend. As such, you must act quickly if you’ve been accused of a distribution charge.
At the Berry Law Firm, when we challenge a drug distribution offense, we first determine whether law enforcement violated our client’s Constitutional rights during the stop, detention, arrest, or search of his or her person, vehicle, or residence. In doing so, we have won several interstate drug stop cases by challenging illegal traffic stops and illegal vehicle searches performed by law enforcement.
In cases where law enforcement obtained search warrants, we review those warrants to see if they can be challenged, especially if the basis for the search warrant provided by law enforcement was inaccurate, misleading, or untrue.
Next, we look to whether the prosecution can prove that distribution took place or was intended. Occasionally, people are charged based on circumstantial evidence because no direct evidence of distribution exists. Additionally, in cases where multiple people are arrested, we may assert the defense that the substances seized did not belong to our client or that our client had no knowledge of the illegal drugs in question.
In Nebraska, drug distribution penalties differ between state and federal charges. Generally, harder drugs such as methamphetamine, cocaine, heroin, and ecstasy are charged by the feds when there are larger amounts (several ounces or pounds) involved. Additionally, if guns or ammunition are found, the penalties will increase under both state and federal laws and the cases will likely result in federal indictments.
In Nebraska state drug prosecutions, the amount or weight of the illicit substance found is not always an element of the crime, but it often affects the penalties. When filing felony marijuana distribution charges, state prosecutors do not care very much about weight or quantity. Under Nebraska state law, a person who distributes one gram is facing the same penalty as someone who distributes one kilogram.
Additionally, if law enforcement finds that the distribution involved large amounts of cash, the individual arrested could also be found guilty of money laundering in federal court. In state court, the individual could be charged with possession of drug money, which is a felony itself. These charges are often filed in addition to the underlying drug distribution charges.
Our attorneys at Berry Law Firm have been fighting drug distribution charges since 1965. Our nationally recognized team of lawyers zealously defends the Constitutional rights of our clients and protects their futures. Drug distribution charges in Nebraska carry serious consequences, but they do not have to destroy your life.
Well-known throughout the state of Nebraska, we are members of the National Association for Criminal Defense Lawyers, the American Board of Criminal Defense Lawyers, and NORML. We have successfully defended cases involving cocaine, methamphetamine, heroine, marijuana, ecstasy, and other drugs throughout the state for decades, and we’re here to do the same for you. Contact us today at (402) 817-6550 to learn more.
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