When you’re facing any type of criminal drug charges, like:
- possession of fentanyl
Including prescription drugs you must hire an Omaha NE Drug Crime Lawyer. While distribution and manufacturing will raise the penalties, simple possession of most narcotics is a Felony offense.
Drug Charges? Here is What You Do | Omaha NE Drug Crime Lawyer
While it is only an infraction to possession small amounts of marijuana that minor charge can impact you future. If you’re found with more than an ounce of marijuana, or plants, it can result in a distribution charge. Also any amount of THC concentrate, wax, oil or hash is a felony.
Marijuana Drug Possession
Some people feel that since marijuana has been declassified in some State the mere possession of it is not the big a deal. After all things seem to be moving in most States to legalize it and/or decriminalize it. Be aware that currently NO State has expunged prior drug conviction even when they legalized simple possession. Also the majority of employers and/or state and government officials will hold even a minor conviction against you. Best to get a trained Criminal Defense Omaha NE Drug Crime Lawyer to fight to have the charge. We can help get the drug charges tossed or get a plea to a lower offense if they have sufficient evidence.
So What Am I Facing?
The classification of the charge is the way a state determines what the penalty a party faces when accused of a drug crime. Nebraska and Iowa, like most states classify crimes into three different groups:
- petty offenses/infractions
Drug Charges Petty offenses/Infractions
The lowest grade of classification is a Petty offenses/Infractions, which may also be known as ordinance/municipal violation, or citations. They are typically punished by fine, and the offenders receive no jail time on a first offense. The penalties increase with each subsequent violation. Generally these types of offenses are handled in County court. As with most charges the first court appearance is called an arraignment where the defendant is advised of their rights and the possible penalties. While it is possible to settle the matter at an arraignment, if you every want a clear history you should talk to an Omaha criminal defense lawyer before you attempt to handle the matter on your own. In general clients don’t have to appear at the arraignment if represented by criminal defense attorney in Omaha.
Misdemeanors Criminal Charges
The next classification is what is generally called a misdemeanor. A person charged with a misdemeanor offense is facing the possibility of jail of up to one year and fine in range of $1000. Defendants typically receive at the very least a substantial fine, which may also include jail time. Sentences for misdemeanors rarely extend over a year. If you are charged and convicted of a number of misdemeanor offenses you can receive a sentence of:
- concurrent (all time is run at the same time)
- consecutive (finish one sentence and then begin serving another)
Sentencing of less than one year are typically served in the county jail, rather than a State or Federal prison. Depending on the charge a misdemeanor will allow you to have your case decided by a Jury. Depending on the misdemeanor charge, a jury trial may be necessary, but in most cases, it’s not a requirement. You generally must request a jury within a short period of time or you may automatically waive the jury.
Misdemeanors follow the same court process as a petty offense. Normally, they also include:
- motions hearing
- pretrial conference and then the jury trial
Depending on the nature of the charges a trial can last from a few hours to a number of days.
Drug Felony Charges
A felony offense/charge is the most serious type of crime you can be charged with. The penalties can range from a no actual jail to death. While most common types of Felony drug charges like:
- tax stamp violation
Don’t result in a death sentence, but probation, drug treatment, prison and/or a stiff fine are all the rage these days.
A felony conviction along with even a minor or misdemeanor conviction carries lasting consequences for those convicted. You will discovery it is much tougher to obtain/maintain employment. You may also find it harder to secure a loan, face denial of service from insurance providers, and struggle to obtain a place to live. Along with all the other consequences, people convicted of felony offenders are not eligible to purchase a firearm, and will likely have to submit to DNA testing.
Fowler & Kelly Law, L.L.P. Omaha NE Drug Crime Lawyer
Contact us to get an experienced Criminal Lawyer that can help you traverse the pitfalls of the legal system. Excellent representation can mean the difference between being found Not Guilty or serving a lengthy prison sentence.