Omaha Drug Crimes Lawyer
Our Omaha criminal defense lawyers have extensive experience fighting federal and state drug charges. Most people do not realize the serious consequences of a drug related criminal conviction. At a minimum, you can lose your drivers license for up to 5 years and become ineligible for life for all federally funded student loans. Conviction for some federal drug offenses can result in mandatory prison sentences of 5, 10 and 20 years.
If you are a first time offender and the offense involves possession of a very small amount of controlled substance the State will usually charge the offense as a misdemeanor.
Penalties may include:
…. or a term of probation.
If you are a second time offender of any drug offense, or a first-time offender involved in possession of a controlled substance that is more than normal for personal use, or are involved in any type of delivery of a controlled substance, the State will generally charge it as a felony. If the offense involves large amounts of methamphetamine, cocaine, ecstasy, heroin or marijuana the police will often refer the matter to the Federal Government for prosecution.
There are many defenses to drug charges. They include challenges to police conduct, such as:
- Illegal searches
- Forced confessions
- Wrongful traffic stops
….and unlawful wiretaps.
We routinely conduct exhaustive investigations of government informants, cooperating co-defendants, and police officers who credibility may be questionable. Motions are filed challenging any wrongful conduct by the police or prosecutor. For those cases in which the quantity of the drug may determine whether the charge is more properly one of simple possession instead of possession with intent to distribute, we may hire an expert, such as an addictionologist.
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While every case is analyzed for potential defenses, the successful resolution of a drug case often hinges on effective negotiations. In order to put the client in the most advantageous negotiating position, we will attempt to force the prosecutor to respond to our motions and respond to our demands for pretrial discovery. We also encourage our clients to enter into a drug treatment program when necessary.
We have the experience to make a referral to a drug treatment program which often will be accepted by the court and result in a more lenient sentence. These outpatient or inpatient programs often make the difference in a sentence which permits a client to work on a daily basis and spend time with family members.
If you would like a free consultation regarding your criminal case, please contact our Omaha criminal defense lawyers to discuss your case. Let us put our vast resources and experience to work for you.