Omaha Drug Crimes Defense FAQ

Drug possession means a person knowingly has illegal drugs under their control. The drugs do not have to be in a pocket or hand; they can be in a car, bag, home or another place if the person has knowledge and control over them.

“Drug trafficking” is a broader term often used to describe the sale, delivery, transportation or large-scale handling of illegal drugs. In Nebraska, prosecutors may file charges for delivery, distribution or possession with intent to deliver, depending on the facts.

Can I be charged for drugs that were not mine in Nebraska?

Yes. Prosecutors in Nebraska can charge you if they believe you knowingly controlled the drugs, even if they were not technically yours. Nebraska law often focuses on possession, which can be actual possession, meaning the drugs are on your person or constructive possession, meaning the drugs are in a place you control or have access to, and the state claims you knew about them.

However, simply being near drugs is not always enough. In most cases, the state must prove both knowledge and control, and if the drugs belonged to someone else, that may be an important defense issue.

If the police stop you on the road, the safest approach is to remain calm and avoid arguing or resisting arrest. Do not make unnecessary statements that could weaken your case. It is your right to say no to a search. If the officers arrest you, request a lawyer immediately.

Can the police search my car or home without a warrant?

Sometimes, yes. Under Nebraska law and constitutional search and seizure rules, police generally need a warrant to search a house, but there are exceptions. For example, a search may happen even without a warrant if:

• You give your consent freely
• There is probable cause
• Police believe there is an immediate threat to public safety or that the evidence is being destroyed

Whether a search is legal depends heavily on the facts. If you believe your rights have been violated, document the incident and promptly seek legal representation.

What happens if drugs are found in a shared vehicle or home?

If police find drugs in a shared car or house, the state might attempt to demonstrate your knowledge of and control over them. However, shared spaces can raise serious questions about who possessed the drugs. Key factors might include the location of the drugs, who could access that location, any evidence connecting you to the drugs and whether other people also had access.

Can I be charged for prescription drugs without a prescription in Nebraska?

Yes. In Nebraska, it is illegal to possess prescription drugs without a valid prescription if the medication is a controlled substance or otherwise unlawfully possessed. This can include certain pain pills, anti-anxiety medications or stimulants, depending on the drug and the circumstances.