Drug Distribution Defense Attorneys in Omaha, Nebraska

In the state of Nebraska, it is an offense for any individual to knowingly manufacture, deliver, or distribute a controlled substance or illicit drug without proper authorization. Unfortunately, a person charged with drug distribution may be subject to devastating penalties, a criminal record, and other life-altering ramifications. With your reputation, freedom, career, and future on the line, it is normal to feel scared when facing drug distribution charges. 

If you're under investigation for distributing illicit drugs, retaining a knowledgeable Nebraska criminal defense attorney is imperative to help build your case. At Hug and Jacobs LLC, we're dedicated to providing comprehensive guidance and skilled representation to clients facing drug distribution charges. Our reliable legal team can investigate every aspect of your case and strategize a solid defense to fight your charges. 

Hug and Jacobs LLC proudly represent alleged defendants across Omaha, Nebraska, and throughout the surrounding areas of Fremont, Papillion, Lincoln, and Wahoo. If you've been arrested and charged with a drug distribution offense, you need to reach out to our dependable criminal defense lawyers right away.

Understanding Drug Distribution Charges  

Drug distribution involves the manufacture, sale, transfer, and exchange of illegal drugs. Under Nebraska law – Nebraska Revised Statute Section 28-416 (1) – except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any individual to intentionally or knowingly: 

• Manufacture, deliver, distribute, dispense, or possess with intent to manufacture, deliver, distribute, or dispense a controlled substance, or 

• Distribute, create, or possess with intent to distribute a counterfeit controlled substance. 

Your legal counsel can determine the nature of your charges and enlighten you about the legal process for your case.

The Legal Process in Drug Distribution Cases  

Here are the different stages involved in the criminal court process for drug distribution cases in Nebraska: 

Investigation and Arrest: When the police witness or receive a report of the drug distribution crime, they will conduct an investigation, gather evidence, obtain an arrest warrant from the court, and make an arrest. 

Initial Arraignment: This is the defendant's first appearance in court. During arraignment, the judge will read the charges filed against the defendant and potential penalties. Also, the judge will advise the defendant of their rights, and they will be asked to make a plea. 

Bail: Bail will also be set at the initial arraignment if the judge deems it appropriate, depending on the nature of the crime. In felony drug distribution cases, a hearing may be required to set bail. 

Preliminary Hearing: In a drug distribution case, the preliminary hearing may be required to determine if there is sufficient evidence against the accused person for the case to proceed to trial. The preliminary hearing may also include discoveries, motions, court appearances, exchanging evidence, interrogatories, and plea negotiations. If your case isn't resolved at this stage, it will proceed to trial. 

Trial: The drug distribution case may be tried by a judge or jury (comprising 12 county residents) to determine if the defendant is guilty or not guilty of the charges. During the court trial, both the prosecutor and defense counsel will make arguments, present evidence, and interview witnesses. At the end of the trial, the judge or jury will issue a verdict. 

Sentencing: If the defendant is found guilty of the drug distribution charges, a date will be set for the sentencing hearing. The judge will issue an appropriate sentence based on the state's sentencing guidelines. 

Nebraska's Drug Laws and Sentencing Guidelines  

According to Nebraska sentencing guidelines, here are the possible penalties for drug possession. 

Class II Felony 

Drug distribution involving a controlled substance categorized under Schedule I, II, or III that is considered an exceptionally hazardous drug shall be charged as a Class II felony. Punishable by up to 50 years imprisonment. 

Class IIA Felony 

Drug distribution involving any other controlled substance categorized under Schedule I, II, or III shall be charged as a Class IIA felony. Punishable by up to 20 years imprisonment. 

Class IIIA Felony 

Drug distribution involving a controlled substance categorized under Schedule IV or V shall be charged as a Class IIIA felony. Punishable by up to 3 years imprisonment and/or a fine of $10,000. 

In addition to these penalties, the defendant may face other life-long consequences, including a criminal record, loss of voting rights, and increased difficulties in getting a job, housing, public benefits, financial loans, and scholarships. Hence, you need to hire a dependable lawyer immediately to help build your defense strategy. 

Possible Defenses 

When facing drug distribution charges, your attorney can help fight these false allegations using any of the following legal defenses: 

• No intent to distribute. 

• Evidence was unlawfully obtained. 

• Lack of possession. 

• Lack of intent to sell or distribute. 

• Entrapment. 

• Flawed substance testing procedures. 

• Lack of witness credibility. 

• Civil rights violations during the arrest. 

• Evidence was contaminated or compromised. 

An experienced Nebraska drug distribution attorney can outline a solid defense strategy to fight your charges and help you avoid the devastating punishments of a conviction. 

Legal Support When You Need It Most  

Having effective legal representation when facing drug distribution charges is imperative to uphold your freedom. At Hug and Jacobs LLC, we have the diligence and expertise to guide and represent clients in their criminal cases. As your attorney, we can investigate your case details and strategize a strong defense to help fight your charges. In addition, we will defend you aggressively at every phase of the court process and improve your prospects of a better tomorrow.