In order to be convicted of any criminal offense the State of Nebraska must prove each and every element of the offense beyond a reasonable doubt. For many offenses, one of those elements is “possession” of some type of contraband. When “possession” is an element the prosecutor can prove that element by proving that you had actual or constructive possession of the item in question. What is constructive possession, you may be wondering. Knowing the answer to that question is critical if you have been charged with a criminal offense that involves possession as an element. In Nebraska, like other

Continue Reading What Is Constructive Possession?

•  

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

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

•  

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

Continue Reading Federal sentencing guidelines lowered for drug crimes

•