Drug Trafficking Attorneys in Omaha, Nebraska

Drug-related crimes are punished harshly in Nebraska, and drug trafficking is no exception. Drug trafficking charges apply when someone has the intent to sell or distribute a controlled substance in their possession.  

If the prosecution can prove that intent and move for a conviction, the consequences can be serious. You could face years behind bars and thousands of dollars in fines, not to mention a permanent criminal record.  

At Hug and Jacobs LLC, we understand the fear and uncertainty you may be experiencing when facing drug trafficking charges. With so much at stake, our team of attorneys in Omaha, Nebraska, is here to offer guidance and help you build a defense to minimize the consequences of a drug trafficking conviction.

Drug Trafficking Laws in Nebraska

In Nebraska, drug trafficking refers to the illegal sale, distribution, or possession with intent to distribute controlled substances and is governed by Nebraska Revised Statute §28-416. The laws surrounding drug trafficking are stringent, with serious penalties in place for those convicted.  

The law categorizes drugs into different schedules based on two characteristics: the potential for abuse and accepted medical use. Schedule I drugs, like heroin and LSD, are considered the most dangerous, while Schedule V drugs, such as certain cough medications, have a lower potential for abuse. The classification of the substance involved in your case will affect the charges you face. 

How Do Prosecutors Prove Drug Trafficking?

Prosecution in drug trafficking cases involves demonstrating that the defendant engaged in illegal activities related to controlled substances. Specifically, there are several key elements that prosecutors must establish to secure a conviction: 

1. The substance was illegal. The prosecution must prove that the substance involved is indeed illegal under Nebraska law. This often requires lab analysis and evidence that can confirm the nature and classification of the drug in question. Without this foundational proof, a case against you may be weak. 

2. You knowingly possessed the controlled substance. This means that simply being in the vicinity of drugs is not enough for a conviction. The prosecution must demonstrate that you were aware of the drugs and had control over them. This is where nuances of intent come into play. Having an experienced drug crimes attorney help you build and present a strong defense can make a major difference. 

3. You had the intent to distribute or sell the substance. This can involve various types of evidence, such as large quantities of drugs, scales, packaging materials, and statements made by the defendant. Each element must be proven beyond a reasonable doubt for a successful conviction. 

The prosecution may rely on physical and circumstantial evidence to prove the above-mentioned elements. However, the evidence must be compelling enough to establish your guilt “beyond a reasonable doubt,” which is the highest burden of proof in the legal system. 

Is Drug Trafficking a Misdemeanor or Felony in Nebraska?

Drug trafficking is typically charged as a felony but may be reduced to a misdemeanor under certain circumstances. The charge and severity of punishment depend on the type of controlled substance involved and the weight of the substance.

Nebraska law recognizes three categories of felony charges commonly associated with drug trafficking:  

1. Class II felony: A defendant may face Class II felony charges for drug trafficking if the offense involved an “exceptionally hazardous drug” based on its potential for abuse and addiction. Some examples include cocaine, heroin, methamphetamine, and certain other drugs from Schedules I, II, and III. These felonies are punishable by up to 50 years imprisonment.  

2. Class IIA felony: If the offense involves a controlled substance from Schedules I, II, or III but the drug isn’t an “exceptionally hazardous drug,” the defendant may face Class IIA felony charges. These felonies are punishable by up to 20 years imprisonment.  

3. Class IIIA felony: When drug trafficking involves a Schedule IV or Schedule V drug, including marijuana and prescription drugs like Xanax, Valium, Klonopin, or Ativan, the defendant may face Class IIIA felony charges. These felonies are punishable by up to three years imprisonment.  

Each of these three charges carries serious penalties and consequences, some of which can follow you for the rest of your life. Our Omaha drug trafficking attorneys at Hug and Jacobs LLC can review the facts of your case and explain what you may be facing and what we can do to protect your future.  

Possible Defenses to Drug Trafficking Charges

When facing drug trafficking charges, there are several defenses that can be used to help avoid a conviction or reduce your charge to a lesser offense. Some common defenses include: 

• Lack of evidence: You could demonstrate that the prosecution lacks necessary evidence to prove guilt beyond a reasonable doubt. 

• Lack of knowledge: You could argue that you didn’t know about the drug’s presence. 

• Unlawful search and seizure: You could challenge evidence obtained through illegal search methods. 

• Entrapment: You could claim that the police made you commit a crime you would not have otherwise committed. 

• Possession for personal use: You could argue that you possessed the drugs for personal consumption and not for distribution.  

Each case is unique, and the defense strategy will depend on the specifics of your situation. Our Nebraska criminal defense attorneys at Hug and Jacobs LLC are committed to helping you explore every viable defense option available to you. 

Why Choose Hug and Jacobs LLC?

When facing drug trafficking charges, you need a legal team that is not only experienced but also deeply committed to fighting for your rights. We believe we have what it takes to effectively stand up for you and fight for your future due to our strengths:  

• Strong work ethic: We pride ourselves on our commitment to our clients. We diligently work on every case with personalized attention. 

• Highly respected in the legal community: Our reputation speaks for itself. We have earned the respect of our peers and clients alike.  

• Over 20 years of experience: Our vast experience in criminal defense law allows us to anticipate challenges and help you craft effective strategies tailored to your needs. 

• Core values of courage and integrity: We operate with unwavering principles to make sure our clients receive fair representation and that their voices are heard. 

• Commitment to fairness and justice: Above all, we are dedicated to achieving just outcomes for our clients, advocating tirelessly on your behalf. 

We at Hug and Jacobs LLC are here to support you every step of the way. From understanding Nebraska's state laws to helping you develop a robust defense strategy, we're committed to protecting your rights and helping you achieve the best possible outcome.