When police stop you in Omaha and cocaine is found during a search, life can shift in seconds. A night out or a traffic stop can suddenly turn into a felony charge.
Being in the wrong place with the wrong people can change everything quickly. If you or someone you care about faces cocaine accusations, you’re likely scared about prison time, permanent records, and what happens next.
It’s critical to enlist the help of an Omaha cocaine defense attorney while there’s still time to protect your future.
Cocaine charges in Nebraska move fast, and the penalties are severe.
However, you do not have to let a cocaine arrest ruin your life.
What to Know About Cocaine Charges in Omaha
Nebraska’s drug laws are among the strictest in the region. Under the Uniform Controlled Substances Act, cocaine is classified as a Schedule II controlled substance, meaning it has a high potential for abuse and addiction. Charges such as possession, delivery, or possession with the intent to sell are all prosecuted under Nebraska law.
Penalties depend on the charge, amount, and circumstances. However, even first-time possession can result in a felony conviction.
Petersen Criminal Defense Law: Experience, Results, and Relentless Advocacy
Petersen Criminal Law has delivered superior criminal defense representation to clients throughout the Omaha, Nebraska, area for more than 15 years. In this time, our firm’s attorney, Thomas M. Petersen, has represented more than 6,000 clients, frequently at trial.
Tom’s experience in these matters enables him to protect your rights aggressively and without fear when it comes to cocaine charges. He takes a tough approach in criminal defense matters, investigating your case for himself and challenging evidence the prosecution might want to use against you in cocaine cases involving possession, possession for sale, distribution, and more.
Tom will explain your drug defense case to you in plain language. Whether you go to trial or not, Tom understands how to help you understand how to choose intelligently from all of your available legal options, including negotiating for lesser charges.
What Are the Penalties for Cocaine Possession in Omaha?
Cocaine possession is nearly always charged as a felony in Nebraska. The level of offense depends on the amount involved.
Simple Possession
Possessing cocaine for personal use, even a very small amount, is a Class IV felony, punishable by up to two years in prison, a maximum fine of $10,000, and up to 12 months of post-release supervision.
Possession with Intent to Deliver
If the amount, packaging, or surrounding circumstances indicate an intent to distribute, charges escalate quickly. Anything below 10 grams of cocaine become a Class IIA felony which may include probation or imprisonment for up to 20 years and substantial fines.
If the amount is over 10 grams but less than 28 grams, you will be facing a mandatory prison sentence of three years and up to 50 years.
If the amount of cocaine is over 28 grams but less than 140, you will be facing a mandatory prison term of five years and up to 50 years.
If the amount is over 140 grams, you will be facing a 1B felony caring a minimum of 20 years and up to life imprisonment.
What Happens After a Cocaine Arrest in Omaha?
Cocaine cases often start with a traffic stop, house search, or police claim of smelling drugs or seeing suspicious conduct. After arrest:
- You will be booked and given a court date for arraignment;
- The judge advises you of your charges, and you enter a plea;
- Your Omaha cocaine defense lawyer begins gathering police reports, lab results, video evidence, and witness statements; and
- Pretrial negotiations, hearings, motions, and potential trial preparation follow.
Many clients don’t realize that the earliest moments are key. Consequences are severe, and prosecutors often pursue the harshest possible penalties. What you say, what you consent to, and how police conduct the search can determine the outcome of the case. A strong defense starts immediately; delay only helps the State.
Recent Case Summary
Possession Of Cocaine Charge Dismissed York County citizen was accused of possession with intent to deliver several kilos of cocaine found in a vehicle. Through careful negotiation, the case was not referred for federal prosecution and the State Court charges were dismissed.Call Us Immediately If You Face Cocaine Charges
The early stages of a drug-related case often form the basis of some of the most powerful arguments used by the prosecution later. This is because too many people make the mistake of trusting law enforcement, thinking they need to only tell their side of the story and everything will be ok. Tom Petersen can protect you from those early police interviews and the damaging facts later used against you as admissions of guilt.
How Can an Omaha Cocaine Defense Attorney Fight Cocaine Charges?
Defenses in cocaine cases can vary significantly, but strong legal challenges often include several key arguments, such as:
- Chain of custody issues. Lab errors, mislabeled evidence, or sloppy handling can undermine the prosecution’s case.
- Illegal search or seizure. Officers must follow constitutional rules. If they searched your car, home, or person without proper justification, evidence may be thrown out.
- Entrapment or coercion. If law enforcement pushed or coerced involvement, the charge may be defensible.
- Lack of possession. Prosecutors must prove the cocaine really belonged to you, not just that it was nearby or in a place others could have used.
- No intent to deliver. Prosecutors may overcharge by claiming “intent to distribute” based solely on quantity or packaging. A defense attorney can challenge those assumptions.
Because cocaine carries such heavy penalties, prosecutors focus on small details. A skilled attorney presents a more compelling case to the court than the police version.
Experienced Omaha Cocaine Offenses: Defense Lawyer Serving Entire Area
Cocaine charges differ from other offenses in several ways. The penalties are more severe, investigations proceed more swiftly, and the evidence is often more complex and technical. Having early legal representation can be the difference between a case dismissal and a felony conviction.
To schedule a free initial consultation with us, call 402-235-9745. This first meeting is obligation-free. You can also communicate with us online. All consultations remain completely confidential.
FAQs
Is Cocaine Possession Always a Felony In Nebraska?
Unlike marijuana, cocaine possession is not charged as a misdemeanor in Nebraska. Even a trace amount is a Class IV felony.
Can I Be Charged With Possession If the Cocaine Wasn’t Mine?
Possibly. Nebraska recognizes both actual and constructive possession. However, a defense attorney can challenge these assumptions, especially when drugs are found in shared spaces like cars or apartments.
What If the Police Searched My Car Without Permission?
Illegal searches are common in cocaine cases. If the search violated the Fourth Amendment, your attorney can file suppression motions that may remove the evidence entirely.
Can Cocaine Charges Be Reduced?
Yes. With the right strategy, charges may be reduced to a lesser felony or a misdemeanor, or even dismissed, depending on the circumstances and weaknesses in the prosecution’s case.
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