Nebraska Controlled Substance Laws
Although we commonly use the word “trafficking” when referring to moving large amounts of drugs from one place to the other, the law doesn’t actual use that word. Instead, the law makes it illegal to do things such as distribute or deliver a controlled substance. In the State of Nebraska, Nebraska Revised Statute 28-416 governs most controlled substance offenses. The relevant portions of that statute are as follows:
Nebraska Revised Statute 28-416
- Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance.
(4)(a) Except as authorized by the Uniform Controlled Substances Act, any person eighteen years of age or older who knowingly or intentionally manufactures, distributes, delivers, dispenses, or possesses with intent to manufacture, distribute, deliver, or dispense a controlled substance or a counterfeit controlled substance (i) to a person under the age of eighteen years, (ii) in, on, or within one thousand feet of the real property comprising a public or private elementary, vocational, or secondary school, a community college, a public or private college, junior college, or university, or a playground, or (iii) within one hundred feet of a public or private youth center, public swimming pool, or video arcade facility shall be punished by the next higher penalty classification than the penalty prescribed in subsection (2), (7), (8), (9), or (10) of this section, depending upon the controlled substance involved, for the first violation and for a second or subsequent violation shall be punished by the next higher penalty classification than that prescribed for a first violation of this subsection, but in no event shall such person be punished by a penalty greater than a Class IB felony.
How Can a Nebraska Drug Crime Attorney Help?
As you likely already know, a conviction for trafficking could result in a felony conviction that will land you in prison for many years. Hiring an experienced Nebraska drug crime attorney is definitely your best hope for avoiding that scenario. A drug crime attorney will evaluate the facts of your case and advise you on a game plan that is most likely to work in your case. Some common defense strategies in drug trafficking cases include:
- Challenging a search – often, evidence used in a drug trafficking prosecution is obtained pursuant to a search and seizure. A search and seizure, in turn, requires a valid warrant unless an exception to the warrant requirement applies. If the search was conducted illegally, any evidence obtained during the search may be excluded.
- Confronting a confidential informant – confidential informants often play an important role in large drug trafficking busts. There are, however, standards that must be met before an informant’s testimony can be used. If those standards are not met, the informant’s information may be excluded along with the evidence obtained as a result of the informant’s information.
If you are facing charges for trafficking in New York it is imperative that you take your defense seriously, starting with retaining the services of a Nebraska drug crime attorney.
Contact Us
If you are currently a defendant in a drug trafficking case in the State of Nebraska, it is certainly in your best interest to consult with an experienced Nebraska criminal defense attorney right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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