Nebraska residents may benefit from understanding the laws described in the state’s Revised Statute 28-416. This legislation outlines the laws pertaining to violations and penalties concerning prohibited acts involving controlled substances. State laws deem it unlawful to intentionally dispense, deliver, distribute, manufacture or possess a controlled substance with the intent to commit any of the aforementioned acts. It’s also unlawful to distribute, create or possess a counterfeit controlled substance with the intent to distribute.
The severity of felony charges for drug violations correspond with whichever schedule the controlled substance is classified under. Adults charged with drug activity that involves a minor, or with an illicit act committed within 1,000 feet of a school or within 100 feet of a site where playing children frequent, may be subjected to aggravated charges. The law states that ignorance of the minor’s age is not an acceptable defense. Defendants may face a Class IB, IC or ID felony, dependent on the weight of drugs recovered during the arrest.
Possession of marijuana ranging from 1 ounce to 1 pound is classified as a Class III misdemeanor. Possession of marijuana that exceeds 1 pound is categorized as a Class IV felony. First-time offenders are issued a citation, hundreds of dollars in fines and ordered to attend a corrective course. The fines and potential jail time increase with each subsequent offense. Defendants may face aggravated charges any time copious amounts of money, firearms or motor vehicles are involved in a drug arrest.
People who are accused of serious drug crimes often benefit from meeting with lawyers as quickly as possible. Legal counsel may be able to examine the facts of the case and begin constructing a viable defense for the accused. Criminal defense lawyers might be able to obtain reduced charges, an acquittal or a favorable plea bargain by weakening the prosecution’s case.
Source: Nebraska Legislature, “Nebraska Revised Statute 28-416”, September 19, 2014
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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