When you are arrested on drug charges in Omaha, everything changes in an instant. Your freedom, future, and reputation are suddenly on the line. The prosecution is already building its case.
The police may be pressing you for statements; one wrong move could shape the rest of your life. In moments like these, you don’t need just any lawyer; you need a battle-tested advocate who knows how to dismantle a case from the inside out.
Your drug defense attorney needs to be fearless to protect your rights when you are facing drug charges. Over the course of more than 15 years as a criminal defense attorney, Thomas M. Petersen has learned to be afraid of no one.
Understanding the Stakes in a Nebraska Drug Case
The consequences of a Nebraska drug conviction can follow you for the rest of your life. Beyond possible prison time and hefty fines, a conviction can destroy your reputation, limit your employment opportunities, affect custody rights, and lead to losing your driver’s license or professional license.
Even a first-time possession charge can have lasting repercussions if not handled correctly. That’s why working with a defense attorney who understands the local landscape, the judges, prosecutors, and sentencing patterns, is critical. Tom Petersen brings more than a decade of courtroom experience into every negotiation, plea deal, or trial.
Tough Omaha, Nebraska Drug Defense Attorney
With experience gained through representing more than 6,000 clients, frequently at trial, Tom knows how to represent clients in every type of criminal defense case imaginable, ranging from improper billing practices to murder cases.
This experience includes his work with innumerable clients facing drug charges, including charges related to:
- Cocaine,
- Delivery and possession,
- Conspiracy,
- Methamphetamine,
- Felonies,
- Misdemeanors, and
- Manufacturing.
When charges of drug offenses are involved and your rights are at stake, experience counts. Tom’s extensive work in criminal defense law means he understands both state and federal court practices. As a result, he can help his clients understand how these important differences greatly affect their drug cases.
Tom’s high level of service to clients who need protection against drug charges stems in part from his participation as a member in the National Association of Criminal Defense Lawyers (NACDL), the foremost legal fraternity on criminal defense. This organization provides defense lawyers with some of the most advanced resources in the legal community, resources Tom draws on to provide his clients with the latest developments in the law.
Federal vs. State Drug Charges in Omaha
In Nebraska, drug offenses can be prosecuted either under state law or federal law. State charges are typically filed in county or district court and involve offenses like simple possession, possession with intent to distribute, or small-scale trafficking within state lines. State or local district attorneys prosecute these cases, and Nebraska statutes govern sentencing.
On the other hand, federal charges are brought by U.S. attorneys and typically arise in more serious or complex cases. Common triggers for federal prosecution include:
- Large quantities of controlled substances (often tied to trafficking laws);
- Crossing state or national borders;
- The involvement of firearms;
- Ties to organized criminal enterprises or conspiracies;
- Investigations led by federal agencies such as the DEA, FBI, or ATF; and
- The use of the U.S. Postal Service or interstate wire transfers.
Federal penalties are significantly more severe than state penalties. Even first-time offenders can face lengthy prison sentences due to mandatory minimums. Some sentences range from 5 to 20 years or more, especially if the alleged offense involved a firearm or occurred near a school zone. Moreover, federal sentencing guidelines are less flexible, and probation is far less common.
By contrast, state courts tend to have more discretion for plea deals, probation, and treatment alternatives, particularly for nonviolent or first-time offenders. Nebraska also provides diversion and drug court programs that may be unavailable under federal jurisdiction.
Tom Petersen’s dual experience in both Nebraska’s state courts and the U.S. District Court for the District of Nebraska gives him a distinct advantage in building the right defense. He will evaluate whether your charges belong in federal court at all; in some cases, decisive early intervention can persuade prosecutors to keep a case at the state level. If your case stays in federal court, Tom will prepare you for what to expect and fight to suppress any illegally obtained evidence, challenge procedural flaws, and negotiate from a position of strength.
Frequently Asked Questions (FAQs)
What Should I Do If I’m Arrested on Drug Charges in Nebraska?
Stay silent. Do not answer questions or offer explanations to the police. Instead, immediately request to speak with your attorney. Anything you say can be used against you, even casual comments.
Is Drug Possession a Felony in Nebraska?
It depends on the type and quantity of the drug. For example, prosecutors often charge possession of a small amount of marijuana as a misdemeanor, but possession of cocaine or methamphetamine is a felony, even in small quantities.
Can I Be Charged Even If the Drugs Weren’t Mine?
Yes. If law enforcement finds drugs in a car, apartment, or home you occupy, even temporarily, they can still charge you under the theory of “constructive possession.” A skilled drug defense attorney can challenge this by proving you had no knowledge or control over the drugs.
What Are Common Defenses to Drug Charges?
Every case is different, but common defenses include illegal search and seizure, lack of probable cause, entrapment, and insufficient evidence. In some cases, challenging lab results or chain-of-custody issues can lead to a dismissal.
Can a Drug Conviction Be Removed from My Record?
Possibly. Nebraska law allows for sealing certain criminal records after a pardon, but eligibility is limited. Factors include the type of conviction, how much time has passed, and whether you’ve remained law-abiding. A knowledgeable drug defense lawyer can evaluate your options for sealing your record. A set-aside does NOT remove an offense from your record nor restore gun rights.
Drug Arrest? Contact Our Drug Defense Attorney
We encourage clients facing drug-related criminal charges to contact us as soon as possible. We help them avoid the criminal charges brought against them in the early stages when law enforcement claims to be trying to help them. Tom will protect you against those early police interviews and the resulting admissions that often become the prosecution’s strongest evidence later.
If you want a law firm that is willing to fight on your behalf, contact us for a free, no-obligation consultation: call (402) 509-8070 or send us a message online. If we don’t think we will be able to help your situation, we won’t take your money. However, if you need it, aggressive representation in criminal defense matters is only a phone call away.