We Can Defend You Against Drug Possession Allegations
Drug possession, also called possession of controlled substances, can include a wide array of circumstances. However, a conviction for possessing a small amount of marijuana or drug paraphernalia can still result in lifelong repercussions.
At Whelan Law Office, our drug defense attorney will give your drug possession case the attention it needs. We will investigate the circumstances surrounding your arrest to determine whether or not your rights were violated. You can rest easy knowing that we are on your side.
What Is Possession Under Nebraska Law?
Under Nebraska law, possession is, quite literally, the physical possession of controlled substances. Typically, the law would charge you with possession if you were found with any amount of:
- Methamphetamine
- Heroin
- Cocaine
- Other “hard” drugs
These drugs can result in harsh consequences in any amount. However, you can also be charged with possession of small amounts of marijuana, but that will typically carry a relatively light consequence.
The Consequences Of Possession
As a charge, possession can be anything from a minor infraction carrying a $300 fine to a Class 4 felony carrying two years in prison and a $10,000 fine. The difference comes down to several factors:
- Type of substance: Harder drugs such as meth, heroin and cocaine all carry much greater penalties than marijuana.
- The amount of the substance: A few grams versus several kilograms changes the dimension of the charge against you. A large amount of drugs in your possession can even lead to a distribution charge.
- Your criminal record: If you have a criminal record, then that will be taken into account in sentencing guidelines.
- Possession of a weapon: A weapon and possession can lead to aggravated charges and additional penalties for you if you are found guilty.
The prosecution will take any opening to bring intensive charges against you, and they are very good at what they do. However, as your attorney, Lawrence Whelan can fight the overreach of the prosecution and defend your freedom and your rights.
How We Build Your Defense
A key aspect of your defense, something that you yourself can help with, is minimizing the evidence you give police. That typically means regularly exercising your right to remain silent. Police and prosecutors are trained to effectively trick people into incriminating themselves. They can lie and manipulate you. Even if you say something to the police that is totally innocuous, they can use those words to build a statement against you.
However, if you exercise your silence, that avenue closes, and we can work on putting the entire case against you under a microscope. Charges can only stand against you as long as they are supported by evidence. We aggressively attack the evidence and testimony against you. We file injunctions and argue to suppress or throw out damaging evidence against you.
Possession Charges Are The Gateway To Greater Charges
The ecosystem of drug charges starts with possession. The prosecutors and police have targets farther up the chain, but those facing possession charges can serve as the “way in” to a larger organization. In short, the prosecution wants to put as much weight on you as possible, as much legal pressure on you as possible, to see if you can give them information on someone else.
However, you should not be used as a pawn in a larger game. Your life is not a game at all. Your life is your life, and you deserve to have an attorney who will treat you with the respect you deserve. That means having an attorney willing to fight to protect you. And that’s what we promise our clients: a fighting chance.
Speak With An Experienced Lawyer
Don’t face serious penalties alone. Learn how we can assist with your case by calling us in Omaha at 402-513-0504 or sending us an email.