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What Does “Trafficking” Entail
Drug trafficking is a serious offense that has been getting a lot of attention lately. Within Nebraska and the United States, drug laws are becoming stricter and harsher. Drug trafficking, in particular, is a term that has become broader than ever before. Even so, knowing the terms used within drug trafficking is a good start to fighting those charges.
Drug trafficking and distribution laws have been in place for years. They make it illegal to sell, transport, export, or import illegal controlled substances, whether they are prescription drugs or street drugs. Getting charged with drug trafficking is a felony. It is a more serious crime than possession because it usually involves a larger amount of drugs. Still, people sometimes get charged with drug trafficking if they simply have a large number of drugs for personal use. Even so, it only takes one pill or joint to count as drug trafficking if you are giving the drugs to someone else. If convicted of drug trafficking, the sentence can be anywhere from 3 years to life in prison.
Drug Trafficking and Paraphernalia
In the most general sense, drug paraphernalia is used to describe any equipment that is used to prepare, inject, conceal, or manufacture drugs. It is against the law for anyone to sell, import, and export any type of paraphernalia. Having any of this in your possession could be enough to be charged with drug trafficking.
While these items are usually overlooked in large amounts if drugs are found, if the drugs aren’t found, these items can be enough.
Drug paraphernalia includes (but isn’t limited to) bongs, rolling papers, baggies, syringes, and pipes. Often times, people believe that if these items are labeled for other uses, they are not illegal, but this is not the case.
Drug Possession and Drug Trafficking
While laws tend to vary from state to state on the amount of drugs that need to be on a person to be considered trafficking, in general, any amount of drugs is considered illegal. A person who is in possession of any illegal drugs can be charged with simple possession or possession with intent to distribute or traffic. Larger quantities are typically indicative of someone who is going to distribute or traffic those drugs.
Drug Trafficking and Manufacturing/Delivery
One charge that tends to go hand-in-hand with drug trafficking is drug manufacturing. This involves any step of the production process in making illegal drugs. Most people do not know that it also includes the delivery of drugs as well. Usually, prosecutors have the burden of proving intent to manufacture drugs and possession in order to actually get a conviction. Unfortunately, it is usually the trafficker that gets caught and not the manufacturer.
It's important to note that in all of the mentioned categories, however, marijuana cultivation, trafficking, or growing is treated differently in certain states because of changing laws.
Drug Trafficking and Drug Dealing
Drug dealing, in general, refers to the sale of illegal drugs that is smaller than trafficking. It is important to remember that what is considered trafficking in one state could be dealing in another state. Drug dealing consists of one person selling a small amount of drugs and trafficking is usually much larger amounts. Drug dealing is still a significant charge, but it isn’t as harsh as drug trafficking. The Drug Enforcement Administration (DEA) defines where the line is between the two and the sentencing for the charges.
Contact A Nebraska Drug Lawyer As Soon As Possible
No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history.
If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
Where Do Counterfeit Drugs Fit Into Intent To Manufacture Laws?
There is an increasing market for counterfeit drugs. They are usually sold on college campuses, at music festivals, and to unsuspecting young people who do not know better. Typically, people will shave down over the counter drugs like aspirins and put a new stamp on them. Sometimes they will use sugar pills, birth control pills, or other cheap, readily available substances.
The counterfeit drugs that are most popular to manufacture include party drugs like LSD and molly and prescription drugs. Sometimes they won’t contain any illegal substances, but other times they will be deadly with hazardous, toxic ingredients.
If you are facing an intent to manufacture drug charge and need the counsel of an experienced Nebraska drug lawyer, look no further than Daniel Stockmann. He has helped countless clients ease the penalties of these cases and even completely evade charges of any kind. Call today to schedule an initial consultation.
What Makes Manufacturing Fake Drugs Illegal?
So many laws focus on selling fake drugs, not manufacturing them. Selling fake drugs is illegal in every state, including Nebraska. Even if the drug you are selling isn’t illegal, the process of selling those drugs to someone else under the guise of it being an illegal drug is a criminal act.
Even so, there are some laws that directly mention manufacturing drugs in the Nebraska Revised Statute 28-416. It states that: “Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance.”
Charges You May Face For Manufacturing Illegal Drugs
Someone who is charged with an intent to manufacture a counterfeit drug may be charged with fraud. Fraud is when you take money from someone under false pretenses. This could be the drug dealer that you sell the drugs to or someone who purchases the drugs. This person has made a declaration that they know is not true.
Often, people who manufacture counterfeit drugs will have the drugs they are trying to emulate on hand to compare. This means that they may also face other possession charges. The legal system is looking to make an example out of anyone that they can, so they will likely stack up as many charges as possible.
Intent To Manufacture Counterfeit Drugs Can Lead To Federal Charges
There is even a possibility that an intent to manufacture charge can lead to federal implications, depending on the type of drugs you were going to manufacture. This is particularly true in cases of prescription drugs, which often carry a higher weight.
Most people only think about counterfeit drugs as selling oregano to frat boys who don’t know any better and think that it is weed, but that isn’t the majority of cases. People are dying because of counterfeit drugs. As the cases get worse and worse, the charges are becoming even more severe.
Contact A Nebraska Drug Lawyer As Soon As Possible
No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history. Whether you have been charged with prescription drug fraud or someone that you love is fighting the charge, empowering them with a lawyer is imperative. With years of experience, a felony drug lawyer can help you understand the case and then create a strategy to avoid jail time or at least lessen it.
If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
Do You Need A Lawyer To Plead Guilty To Possession With Intent?
People who have been charged with possession with intent to distribute or deliver a drug often resort to pleading guilty to the charges. They believe that because they did have drugs on them, they cannot possibly fight the charges. Those people, who often feel defeated already, don’t think they need a lawyer. This simply isn’t true. A drug lawyer can help you to see your case in a new light, and may even help you to avoid pleading guilty altogether. Pleading guilty without looking at all of your options is cutting yourself short. Instead, you may be able to abate all charges or at least lessen them with the help of an experienced lawyer.
Do Not Enter A Guilty Plea Without A Lawyer
When facing possession with intent charges, it is important that you make the right decision about how to plead. Pleading guilty can lead you down an extremely trying, troubling road. If you were caught in possession of drugs and you were going to deliver them or sell them, you may think that it is an open and close case. It is not. A lawyer will be able to look at your case and determine if pleading guilty is the best option for you. Experienced lawyers know that law enforcement officers make mistakes all the time - and they often are not in our benefits. Even if you are guilty, a drug lawyer can help to get your case dismissed, saving you from having to plead guilty to a crime that would not lead to charges if it were to go to court.
Remember that a criminal record of any kind is detrimental to your future. A possession with intent charge can prevent you from getting jobs that you want, building relationships, and even supporting yourself. A lawyer will be on your side to help you understand your charges, understand the penalties, and figure out a way to help yourself.
Understanding Your Guilty Plea To Possession With Intent Charges
If you still plan to plead guilty to possession with intent charges, you may want to look ahead at the penalties for your charge. Pleading guilty may seem like a good idea in the short term because many people believe that “owning up” to what they’ve done will lead to a judge being more lenient in the punishment. There is no evidence to back this up - at all.
Even so, a possession with intent charge can impact so many aspects of your life - you may not be able to keep your professional license, face deportation, be unable to live in public housing, and you may not be able to purchase a firearm.
Drug Lawyers Can Help Reduce Sentences Related To Possession With Intent
If you are absolutely certain that the only way you can go is to accept a guilty plea, you still need a lawyer on your side. A lawyer will be there to help you negotiate a plea agreement with the court so that you don’t face the maximum penalty. Lawyers are experienced in negotiations and can help you to enter treatment programs or get outside help instead of serving jail time.
Contact A Nebraska Drug Possession With Intent Lawyer ASAP
If you have been charged with possession with intent in Nebraska, you need to retain an experienced lawyer as soon as possible. No matter what, a drug possession or trafficking charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history - if you are able to have your freedom at all. Many courts try to make examples out of drug traffickers or those in possession with intent to sell or distribute.
If you or someone that you love is facing the possibility of a drug possession charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
Prescription Drug Lawyer Nebraska: What Is Doctor Shopping?
Contact A Nebraska Prescription Drug Lawyer ASAP
No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history. Whether you have been charged with prescription drug fraud or someone that you love is fighting the charge, empowering them with a lawyer is imperative. With years of experience, a felony drug lawyer can help you understand the case and then create a strategy to avoid jail time or at least lessen it.
If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
Why Have I Been Charged With Possession With Intent To Distribute?
Possession with intent to distribute is a unique charge in that there are a few different ways in which you can get that charge. People charged with possession with intent to distribute often have a harder time getting their sentences reduced, fighting those charges, and settling out of court. This is a serious crime and faces harsher punishments. Someone charged with this crime is often viewed as “drug dealers” rather than drug addicts, which is what someone charged with simple possession gets labeled.
Possession with intent to distribute charge typically falls to those who manufacture, transport, deliver, or sell drugs (or a combination) to an end-user. As such, the bail is higher and the punishments they may face can be quite severe.
It is important to note that there is some room to debate whether or not someone should be charged with possession with intent. Depending on what the drug was, how much of it was found, how it was packaged, and even your history can all impact the final charge and punishment. While many people will hear the horror story of someone getting caught buying a single pill for a friend at a concert and then getting caught and charged, it is mostly reserved for those with more serious offenses.
Drug Scheduling In Nebraska
Sometimes, the charge will come down to the schedule of the drug. These are the tiers that drugs are divided into based on the medical use and dependency of the drug. Now, there are some people who will argue that marijuana doesn’t belong to heroin, but for now, the law includes them in the same group. As a general breakdown, Schedule I drugs are the most dangerous and they get progressively less dangerous to Schedule V.
Some of the most common drugs we see include:
Schedule I Drugs – Heroin, LSD, Ecstasy, and Marijuana (Pot)
Schedule II Drugs – Cocaine, Adderall, Methamphetamine, and Oxycodone (Oxy)
Schedule III Drugs – Codeine, Steroids, and Ketamine
Schedule IV Drugs – Xanax, Tramadol, and Ambien
Schedule V Drugs – Lomotil, Robitussin, and Other Cough Medicines With Less Than 200mg of Codeine for Every 100mL/100g
How Can I Fight Possession With Intent To Distribute Charges?
The first thing you need to do is contact a drug trafficking or drug possession lawyer. He or she will be able to help you with many different aspects of your case, including determining whether or not the search of your property or car was legal. Unlawful search and seizure are far more common than people think it is.
Drug lawyers can help to verify or challenge the validity of the search. Then, they can look at the evidence and see if it really stands up to the charge you are facing. There are many ways to get evidence eliminated and win your case. This may sound difficult to prove, but an experienced lawyer knows all of the ways where police can go wrong.
At the very least, a drug lawyer can help you to fight for your rights and perhaps negotiate for you to get a reduced sentence or a reduced charge. No matter what, you cannot handle your case on your own. Simple drug charges require lawyers, but fighting a possession with intent charge requires the best of the best on your side. Nebraska is extremely tough on drug charges and the court system always wants to make examples out of people.
Contact A Nebraska Drug Lawyer As Soon As Possible
No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history.
If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
Nebraska Drug Trafficking Lawyer: Can The Police Break In Your Home?
One of the most common questions that we get is this one: Can the police actually break into my home? As a Nebraska drug trafficking lawyer, this is an interesting question because people often claim they didn’t give consent to the police to search their homes, but sometimes they do in the heat of the moment - and other times, the police get permission from an outside source such as a warrant or the law.
The general answer to the question is no, the police cannot break into your home. They must knock and officially announce their presence and then you have to allow them inside (much like a vampire). Colloquially, this is called the “knock and announce” rule. Most police forces will abide by this simply because it is the law, but it was put into place to help reduce the number of violent interactions homeowners had with the police. If you hear someone in your home, you often don’t question whether or not it is the police. Instead, you may arm yourself with something to protect your home and walk into an even more dangerous situation.
It is important to know that once the cops knock and announce themselves, they only have to wait for a little bit before they are permitted to make a forced entry. That time can vary by the situation or by state. Sometimes, it is only a few seconds (generally for small apartments or hotel rooms).
When Can Police Enter My Home Without Permission?
Police can enter your home without a warrant or permission to enter in a few different cases. The first is if you were outside engaging with the police and ran into your home. This is quite common - you cannot simply outrun them. What police cannot do, typically, is going door to door looking for someone if they aren’t sure what house he went into in the first place.
Police can enter a home without permission if they believe that someone is being seriously injured or getting killed. They need to enter to provide emergency aid to those insides. This can happen if they see someone in distress, someone outside heard a gunshot or someone screaming, or someone dialed 911.
In terms of drug trafficking cases, the police are able to enter your home if they have reasonable grounds to believe that there is evidence within your home for drug trafficking. For example, they found many marijuana plants outside, your car is filled with equipment, or they can see it from the open door.
Police can also enter your property if they believe that there is a child who is being abused, is neglected, or is a runaway.
Finally, the police can enter your home with your landlord, who has the right to enter your home in the case of an emergency.
Police Will Often Have Warrants In Drug Trafficking Cases
Of course, the police will often have warrants so that they can get into homes without permission. In the case of drug trafficking suspicions, it is often quite easy for them to get the permissions that they need from the court system. Drug trafficking is a serious offense and they want to quell the number of sales as quickly as possible.
Contact A Nebraska Drug Trafficking Lawyer As Soon As Possible
If you have been charged with drug trafficking in Nebraska, you need to retain an experienced lawyer as soon as possible. No matter what, a drug trafficking charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history - if you are able to have your freedom at all. Many courts try to make examples out of drug traffickers.
If you or someone that you love is facing the possibility of a drug trafficking charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
Colorado Border Checkpoints 2021: What To Know After Going to Marijuana Dispensaries
Over the last few years, the number of people who are going into other states for medical marijuana and then coming back into Nebraska has skyrocketed. Part of this is because it has just become easier to get - there are dispensaries opening up all along the borders between Colorado and Nebraska, in particular. People trust the marijuana they can buy in states where it is legalized because it is more regulated and tested. Until Nebraska legalizes marijuana or there is nationwide legalization, people will continue to travel back and forth to get their recreational and medical marijuana. However, they are still putting themselves in distinct danger.
If you are in need of an experienced Omaha drug charge lawyer who can help you to navigate the tricky world of drug laws, someone who has experience fighting for people, book a no-obligation consultation with attorney Daniel Stockmann by completing the form on this page. He will help you to better understand your case and get a firmer grip on what you should do next.
Colorado Border Checkpoints 2021: What They Check For
Most people have been through the border checkpoints with little fanfare. Most people won’t even get stopped unless they are suspicious. The border agents look for cars that make multiple trips, larger vehicles capable of transporting large amounts of drugs, and anyone who looks suspicious. Sometimes, they may be tipped off by someone else who has seen something.
Marijuana is legal in Colorado. This means that people can go into the state to purchase marijuana, marijuana products, and paraphernalia. Using these substances while in the state is legal, however, entering into state lines with any of the drugs or paraphernalia can lead to legal trouble. The same can be said for anyone who gets high in Colorado and gets stopped or arrested in Nebraska - even for people who are not from Nebraska and are from a state where recreational marijuana is legal.
The states where recreational marijuana is legal are Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington, the District of Columbia, and the Northern Mariana Islands. Many states are working through the process to legalize marijuana, but Nebraska is not one of them.
Nebraska Is A No Tolerance State - Do Not Cross The Border With Marijuana
Many, many good people will face drug charges simply because they made the mistake of crossing the border with marijuana. One of the biggest mistakes anyone can make is to come into Nebraska with marijuana, as Nebraska has some of the strictest laws against its possession and usage. In Nebraska, you are subject to the charges and punishments that fit the amount of marijuana that you have - and if you go into Colorado to buy marijuana for an extended period of time, those charges can be severe. You may even get charged with possession with intent to distribute, even if that was not your intention.
in general, the government of Nebraska tends to be extremely conservative toward the use, possession, and distribution of cannabis in all forms. Legislation has killed every bill related to cannabis legalization and decriminalization. Still, there is a growing pressure on the state to legalize it, which would lead to complications for some time, especially when it comes to crossing state lines.
Contact A Nebraska Drug Lawyer As Soon As Possible
No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history. Even if you aren’t sure why you were pulled over or arrested, it is best to talk to a lawyer if you were found to have drugs on your person, in your belongings, or in your car.
If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. With over 20 years of experience in criminal justice across almost every county in Nebraska, Dan Stockmann can help you navigate your legal situation and protect your future.
Get a Free Case Evaluation now or contact us at 402•884•1031.
