It is important to remember that every criminal case is different, whether you have been charged with delivery of controlled substances, simple possession, or a DUI. For that reason alone, it can be difficult to predict how a criminal defense attorney may defend you against a criminal drug charge without first knowing all of the details about your case (and maybe even the details of who your judge will be). For that reason, it is almost always in your best interest to have a consultation with a criminal drug lawyer in Nebraska. Then, you will be able to get specific information about your case and plan accordingly.
There are many defenses against a criminal drug charge, regardless of what happened. Here are just a few of those most commonly used to defend against criminal drug charges in Nebraska:
You Didn’t Do It
One of the most common defenses to a criminal drug charge is that you weren’t involved at all – it was a case of mistaken identity, you didn’t know there were drugs involved, or something else. There are many, many cases where this is the situation. You might be surrounded by people who were smuggling drugs, but you might not have known what was going on at all – and therefore, shouldn’t face criminal drug charges.
In the best case scenario, you will have an alibi that proves it could not possibly have been you who committed the drug crime, whatever it was. For example, they charged you with selling narcotics on a particular street corner in the town you live in, but you can prove that you were in another city at the time. This is one of the best defenses against a criminal drug charge – but you need to be able to prove your claims as to where you were.
You Were Aware Of The Drugs – But They Weren’t Yours
Another common defense is to argue that you had no part in the drugs, whether you knew about them or not. This is very common in situations where there were drugs found in your vehicle, for instance, but they don’t belong to you.
It can be a bit more difficult to argue this, especially if the other people in your vehicle do not claim ownership of the drugs. Regardless of whether anyone claims ownership of the drugs, an experienced criminal drug lawyer can help you to fight against the charges.
Your Fourth Amendment Rights Were Violated
Another common defense is that your Fourth Amendment rights were violated during the search. Maybe the police were illegally looking for something else and found your drugs. Maybe they only had a warrant to search your vehicle, for example, but they found drugs in your home. In this instance, the entire charge can be thrown out since this is one of your most precious rights as an American (or someone in America).
You Were Entrapped
Sometimes, the police can get quite crafty when they are trying to get criminals off of the streets – so much so that they might entrap someone who may not have been involved with illegal drugs before now.
Entrapment isn’t common, but it does happen in Nebraska. How? For example, let’s say that you were injured while at work – maybe you strained your back – and had received a legal, valid prescription for a controlled narcotic from your doctor to counteract your pain due to the injury so that you can heal. Everything is documented correctly and is legal. Maybe you have the pills in your purse, in your car, or just on your person and an undercover agent sees it. He makes assumptions and soon enough, that same undercover agent is strongly pressuring you to sell him one or more of the pills for a very good price. After you gave in and reluctantly sold even one pill to him, he then arrested you for selling drugs.
This is entrapment.
The likelihood of prison time can be high for these types of offenses. That is why calling an experienced firm, like Stockmann Law, is imperative. Without proper representation, your rights may be ignored and your trial outcome bleak. You need to have a firm that is competent and prepared to fight your criminal drug charges – contact us as soon as possible.