Over the last several decades in the United States there has been a concerted effort among legislators and law enforcement agencies to stem the flow of drugs into the U.S.
Of course, just like any other business, the drug trade is based on the economics of supply and demand. If there was no demand for drugs there would be no need for a supply.
Therefore, legislators and law enforcement agencies have also focused on drug users when increasing the penalties for a drug offense conviction. Across the nation, offenders are sitting in prisons sentenced to life for possession of small amounts of a controlled substance. The consequences of a drug offense conviction don’t stop there though.
On the contrary, the potential negative consequences of a conviction for a drug-related offense are numerous and varied which is why it is imperative that you retain the services of an experienced Nebraska drug defense attorney if you have been arrested and charged with a drug related crime in the State of Nebraska.
It is easy enough to find out what the judicially imposed penalties for a drug offense may be as those potential penalties are all found in the relevant statute. What people often do not think about, are the non-judicial consequences of a drug conviction.
These non-judicial consequences are often more important, particularly if a defendant escapes a term of imprisonment, because they can have a far-reaching and long-lasting impact on a defendant’s life.
Potential consequences may include, but are not limited to, the following:
- Loss of employment – your current employer could choose to terminate you before your case is even over just because of the allegations against you. The State of Nebraska, like most states, is an employment “at will” state, meaning your employer can fire you for any reason, or no reason at all, as long as you are not discriminated against.
- Disqualification for future employment – many positions, particularly those that require a license or a specific type of degree, disqualify applicants who have been convicted of certain types of crimes and/or certain levels of crimes.
- Loss of driving privileges – people frequently are unaware that many criminal statutes involving the possession or sale of drugs can lead to the loss of your driving privileges. In addition, in almost all states the state’s “driving under the influence” laws include being under the influence of drugs.
- Removal or denial of change of status for foreign nationals – if you are a foreign national living in the United States a conviction for a drug crime could lead to your forced removal from the country or could be used to deny you a change of status should you apply at any time.
- Denial of, or eviction from housing – most standard residential leases include a provision that allows the landlord to evict a tenant who has been convicted of a violation of federal, state, or local law that is detrimental to the health, safety, and welfare of other residents.
- Disqualification for federal benefits – conviction of certain drug offenses will lead to being disqualified for certain federal assistance programs such as Food Stamps and TANF.
- Ineligible for federal student loans – a conviction under federal or state law of a crime involving possession or sale of a controlled substance will leave you ineligible for federal assistance for higher education expenses for a certain period of time.
- Disciplinary action for a professional license – if you work in a profession that requires you to obtain a professional license (lawyer, real estate agent, contractors, accountants etc.) you may be denied a license or may face disciplinary action if you already have one at the time of your conviction.
- Loss of visitation privileges with minor children – a drug offense conviction could be used against you in civil court when the issue of visitation with minor children is litigated.
- Loss of right to vote – if you drug crime conviction was for a felony you will lose your right to vote in state and federal elections.
- Ineligible to purchase or carry a firearm – conviction of certain drug offenses will bar you from purchasing, much less carrying, a firearms for a considerable amount of time
Why Is It So Important to Be Honest With Your Drug Defense Attorney
If you are facing criminal charges in the State of Nebraska for a drug-related offense you are likely concerned about the outcome of your case given the potential penalties you may be facing.
A conviction for a drug offense can have far-reaching, and long-lasting, negative repercussions as you likely already know. While it is completely understandable to be concerned, even frightened, under the circumstances, it is imperative that you remember that being charged with a crime is not the same as being convicted of a crime.
At this stage of the proceedings, the best thing you can do for yourself, and for the outcome of your case, is to retain the services of an experienced Nebraska drug defense attorney.
One thing you need to remember when you do have a drug defense attorney on board is that your attorney cannot do his/her job well if you are not honest with your attorney.
You may be inclined, or tempted, to not be completely honest for any of several common reasons; however, keep in mind that you will be hindering your attorney’s ability to provide the best possible defense in your case if you choose to be less than honest.
Sharing Sensitive Details in General
Your reluctance to share sensitive, or personal, information with your criminal defense attorney is understandable. After all, most of us are not inclined to answer personal questions or share the details of your lives with people we only recently met.
In a criminal prosecution, the information your attorney may wish you to share may be even more personal that what you share with close friends and family. If you have a drug and/or alcohol addiction, for example, you may have been hiding that fact from the people closest to you for many years. Opening up and telling your criminal defense attorney about your substance abuse problem, therefore, may seem counter-intuitive.
Details in Drug Cases
Giving your attorney details in a drug case can be particularly problematic for several reasons. If you are facing charges that are more serious than possession of a small amount of a controlled substance, there are almost certainly other people involved.
Those participants higher up the proverbial food chain might not take kindly to you telling people of their involvement. Likewise, some of the information you have might suffice to bring charges against other people — people you consider friends and/or family.
A large quantity of money might also be involved — a fact that you would prefer is not made public. The bottom line is that drug cases often make it even more difficult to feel comfortable sharing details of the case and/or your personal information.
The Attorney-Client Privilege
The reluctance you may feel to share details about your case and/or about your personal life is natural. It could, however, seriously undermine your attorney’s ability to represent you to the best of his/her ability. The moment you retain an attorney to represent you the attorney-client privilege attaches.
Simply put, this means your attorney cannot disclose anything you say to him/her except in extreme situations, such as if you threaten to kill someone and the threat appears valid. Your attorney is ethically bound to keep what you tell him/her confidential.
Moreover, your attorney will likely not ask you questions unless the answers are important to your defense. Failing to provide answers, or worse, providing an incorrect answer could hider your defense.
For criminal defense attorney, there are few things worse in a trial than asking a witness a question to which they believe they know the answer and then getting hit with a completely unexpected response — particularly if the witness is their own client.
Keep in mind also that your attorney’s job is not to pass judgment on you — not even regarding your guilt or innocence. A criminal defense attorney’s job is to ensure that you receive the best possible representation and to prevent the state from meeting its burden of proving you guilty beyond a reasonable doubt. If you want to help your attorney do his/her job, be honest and forthcoming with information and answers.
Contact Us
If you have been charged with a crime, it is in your best interest to consult with an experienced Nebraska criminal defense lawyer immediately. Contact Petersen Criminal Defense Law 24 hours a day to discuss your case with an experienced criminal defense attorney today.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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