What penalties may I face for a marijuana charge?

On behalf of Tom Petersen posted in Drug Crimes on Friday, September 19, 2014

In the state of Nebraska, the penalties associated with a marijuana charge may depend on the amount that was allegedly in possession as well as the number of convictions a defendant has had on their record. Moreover, a defendant may or may not face jail time based on the type of charge that was filed against them. First-time offenders who are charged with possessing less than one ounce of marijuana may not face any jail time since the state has decriminalized cannabis to a certain extent. Second- and third-time offenses are considered misdemeanors, and the amount of time spent behind

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Drug laws in Nebraska

On behalf of Tom Petersen posted in Drug Crimes on Friday, September 19, 2014

Nebraska residents may benefit from understanding the laws described in the state’s Revised Statute 28-416. This legislation outlines the laws pertaining to violations and penalties concerning prohibited acts involving controlled substances. State laws deem it unlawful to intentionally dispense, deliver, distribute, manufacture or possess a controlled substance with the intent to commit any of the aforementioned acts. It’s also unlawful to distribute, create or possess a counterfeit controlled substance with the intent to distribute. The severity of felony charges for drug violations correspond with whichever schedule the controlled substance is classified under. Adults charged with drug activity that involves a

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Nebraska man detained after traffic stop for drug possession

On behalf of Tom Petersen posted in Drug Crimes on Tuesday, September 9, 2014

According to court documents, state police working a selective enforcement trap on Highway 71 detained a man for drug possession. The traffic stop occurred on Sept. 2 after a Chevrolet Impala allegedly passed two checkpoint signs and stopped on the shoulder of the highway. After the vehicle stopped, the troopers say that the driver and passenger in the front seat got out and switched roles. When state police approached the pair, a trooper reportedly smelled a marijuana odor coming from the car. The occupants allegedly said that they had marijuana in the trunk. Nebraska State Police say that they found

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Man accused of assault sentenced

On behalf of Tom Petersen posted in Federal Crimes on Sunday, September 7, 2014

A 20-year-old Nebraska man who was accused of assaulting an individual after the individual’s cousin allegedly looked at the accused man’s girlfriend in a sexual manner was sentenced on Aug. 29. According reports, the incident occurred in Madison in March 2014. The accused man’s attorney stated that his client sent a text message to the person who had allegedly looked at his girlfriend. The text was supposedly threatening. However, the attorney stated that his client was intoxicated and upset when the incident occurred. The man then reportedly went back to his home where a number of guests were socializing. At

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Nebraska man to serve time for theft

On behalf of Tom Petersen posted in Theft Crimes on Thursday, August 28, 2014

A Nebraska man has been sentenced to prison time in relation to his involvement in a burglary in North Platte. The man pleaded guilty to a reduced charge of theft by receiving items worth up to $1,500; the Lincoln County Attorney had initially charged him with burglary by forced entry. The defense argued that the prosecution lacked direct evidence that the man was connected to the crime, but a judge ultimately bound the crime over for trial. The man eventually agreed to a plea agreement in which he pleaded guilty in exchange for the prosecution dropping the burglary charge and

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After serving over 17 years in prison, man hopes for clemency

On behalf of Tom Petersen posted in Drug Crimes on Wednesday, August 20, 2014

As we talked about in a previous post, the U.S. Sentencing Commission recently approved a decision to lower the recommended sentences for both those facing drug charges and those who are already serving time. This decision was made in part to reduce the overcrowding in prisons in Missouri and the rest of the country. Now there appears to be more good news for those who are serving time in prison for drug crimes. The Obama administration announced recently that those who are currently serving time for non-violent federal crimes like drug crimes will be considered for clemency. This is in

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The role of probable cause in search and seizure

On behalf of Tom Petersen posted in Federal Crimes on Thursday, August 14, 2014

In the state of Nebraska, in order for authorities to perform a search on a person’s home, car or personal effects, they must have a search warrant. This guards against unreasonable and unlawful search and seizure, according to the Nebraska State Constitution. Seizure can refer to the confiscation of property or the placement of persons in custody. When property is seized, the owner’s possession of that property is interfered with. When a person is taken into custody, his or her freedom of movement is restrained. For a search and seizure to take place, there must be probable cause. Probable cause

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Federal sentencing guidelines lowered for drug crimes

On behalf of Tom Petersen posted in Drug Crimes on Wednesday, August 6, 2014

There has been much concern as of late about the fairness of federal drug sentencing laws in Nebraska and across the rest of the country. Many feel that the sentencing laws are too harsh and that the requirement of minimum sentences should be done away with. There is debate about whether mandatory sentencing minimums have contributed to the overcrowding in prisons. The Bureau of Prisons is currently operating at almost 140 percent capacity, with over 50 percent of those incarcerated serving sentences for drug crimes. The United States is presently responsible for incarcerating almost 25 percent of the world’s prison

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Federal appeals court overturns Nebraska woman�s contraband cigarette conviction

On behalf of Tom Petersen posted in Drug Crimes on Thursday, July 31, 2014

Because there are so many foreign-born residents in Nebraska and the rest of the United States, it is sometimes difficult for everyone to understand all of our laws. Thankfully, some people who have been convicted of drug crimes, federal crimes, and even violent crimes can have their convictions reversed if there is sufficient evidence to prove their innocence. Two years ago, a Lincoln woman from Vietnam was found guilty of possessing contraband cigarettes, which she would give to her sister to sell. Because the woman’s sister did not pay state or federal taxes on her sales, the woman was also

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Former Huskers football player pleads guilty to drug charges

On behalf of Tom Petersen posted in Drug Crimes on Friday, July 25, 2014

In the state of Nebraska, it is illegal to possess any amount of methamphetamine, regardless of whether it is for personal use or for sale. The penalties for meth possession can be severe, even for a first time offense. For a personal possession drug crime conviction, a person could be looking at fines up to $10,000 and/or a maximum of five years behind bars. The penalties for possession with intent to sell can be even more serious. A 26-year-old man was arrested in Lincoln, Nebraska last December after authorities allegedly found 15.5 grams of methamphetamine, a rifle and nearly $50,000

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