You've just been charged with a drug offense in Lincoln, and you don't know what happens next. Your mind is racing with questions: How serious is this? Will I go to jail? Can I lose my job? What should I do first?
This moment of uncertainty is precisely when having clear guidance matters most. At Stockmann Law, we've helped hundreds of Lincoln residents face drug charges with confidence and strategic defense. This guide will walk you through what you need to know right now and the critical next steps to protect your future.
What Counts as a Drug Charge in Nebraska?
Nebraska law categorizes drug offenses based on the substance involved, the amount, and your intent. Understanding your specific charge is the first step toward building an effective defense:
Simple Possession involves having a controlled substance for personal use. In Lincoln, this can range from a Class IV felony for most controlled substances to an infraction for small amounts of marijuana (first offense).
Possession with Intent to Deliver occurs when evidence suggests you intended to distribute the substance. Signs prosecutors look for include larger quantities, packaging materials, scales, or large amounts of cash. These charges typically result in Class II or ID felonies with much harsher penalties.
Drug Trafficking charges arise when you're accused of transporting controlled substances across county or state lines, particularly common along I-80. These charges often attract federal attention.
Manufacturing charges apply to creating controlled substances or cultivating plants like marijuana. These serious felony charges carry some of the harshest penalties.
While state charges are handled in Lancaster County courts, federal charges move to the federal courthouse in Lincoln, bringing different procedures, stricter sentencing guidelines, and fewer opportunities for reduced sentences.
Common Scenarios That Lead to Drug Arrests in Lincoln
Drug charges in Lincoln often begin in predictable situations, and understanding these scenarios can help you recognize when your rights might have been violated:
I-80 Traffic Stops: Lincoln's position along Interstate 80 makes it a hotspot for drug interdiction. What begins as a routine traffic stop for speeding or lane violations often escalates to vehicle searches, particularly for out-of-state drivers or rental cars.
Apartment or House Searches: Many Lincoln residents face charges after police execute search warrants on residences, often based on neighbor complaints or confidential informants.
Routine Traffic Stops Gone Wrong: A simple traffic violation in downtown Lincoln or near UNL can escalate when officers claim to smell marijuana or observe "suspicious behavior.
Party Raids: College gatherings or house parties, particularly in areas near campus, sometimes result in multiple drug possession charges.
Package Interception: With increased online purchasing, authorities sometimes intercept packages containing controlled substances at postal facilities or delivery services around Lincoln.
Mistaken Association: Being in the wrong place or with the wrong people can lead to charges even when the drugs belong to someone else—a common scenario we see with university students and shared housing.
In many of these cases, challenging how evidence was obtained becomes a critical part of your defense strategy.
Immediate Legal Consequences After a Drug Charge
The hours and days immediately following a drug charge in Lincoln are critical. Here's what typically happens and why your actions during this period matter:
Arrest and Booking: Following arrest, you'll be processed at the Lancaster County Jail. Your belongings will be inventoried, and you'll be photographed and fingerprinted.
Bond Determination: In Lincoln, a judge decides bail based on several factors—how serious the drug charges are, whether you have a criminal record, and how strong your ties are to the local community. Drug-related offenses can lead to a wide range of bond conditions, depending on the details of the case.
Initial Appearance: Within 48 hours, you'll appear before a judge who will formally read the charges against you. This is not the time to explain your case—only to understand the charges and request court-appointed counsel if needed.
Evidence Collection: While you're navigating the system, investigators may be gathering additional evidence, interviewing witnesses, or testing substances. What you say during this period can significantly impact your case.
The decisions you make in these first 72 hours often shape the entire trajectory of your case. Having experienced legal counsel from Stockmann Law during this critical window can protect your rights and begin building your defense before evidence disappears.
Long-Term Consequences if Convicted
Beyond immediate legal concerns, drug convictions in Lincoln carry lasting consequences that can follow you for years:
Incarceration: Depending on the charge, penalties range from probation to decades in prison. Even misdemeanor possession can result in up to a year in jail.
Criminal Record: Drug convictions create permanent records that appear on background checks, affecting everything from apartment applications to job opportunities.
Professional Licensing: Many careers requiring professional licenses (healthcare, education, legal, transportation) face restrictions or revocation after drug convictions.
Higher Education: Students at UNL, Nebraska Wesleyan, or other Lincoln institutions may lose financial aid eligibility and face disciplinary proceedings.
Housing Limitations: Public housing and many private rentals in Lincoln screen for drug convictions, creating housing instability.
Family Impact: Child custody arrangements can be affected, particularly in cases involving charges of maintaining a drug premises where children are present.
Financial Strain: Beyond legal fees, drug convictions often lead to increased insurance rates and diminished earning capacity.
The severity of these consequences underscores why early, strategic legal intervention is essential. At Stockmann Law, we've helped many clients avoid these life-altering outcomes through aggressive defense from the earliest stages of their cases.
Your Legal Rights After a Drug Arrest in Lincoln
Understanding and exercising your rights can significantly impact your case outcome:
Right to Remain Silent: Perhaps your most powerful protection. You are not required to answer questions about where you were going, what was in your vehicle, or whether you knew about any substances. Simple statements like "I am exercising my right to remain silent and want to speak with my attorney" can protect you from self-incrimination.
Right to Refuse Searches: In many situations, you can refuse consent to search your vehicle, home, or belongings. While officers may still conduct searches under certain circumstances, your explicit refusal creates important grounds for later challenging the evidence.
Right to Legal Representation: You have the right to have an attorney present during questioning and throughout all court proceedings. This right exists whether or not you can afford an attorney.
Right to Due Process: The prosecution must prove every element of the charges against you beyond reasonable doubt. You cannot be convicted based on suspicion alone.
At Stockmann Law, we've seen countless cases where evidence was obtained through constitutional violations—from prolonged traffic stops to searches without probable cause. Identifying these violations often leads to evidence suppression and case dismissal.
How Stockmann Law Helps Defendants in Lincoln
With over 20 years defending drug cases throughout Nebraska, our approach to Lincoln drug charges combines legal expertise with deep local knowledge:
Case-Specific Strategy: We analyze every aspect of your case—from the initial police contact to evidence handling—looking for procedural errors or constitutional violations that could lead to charge reduction or dismissal.
Local Court Experience: Our familiarity with Lancaster County prosecutors, judges, and court procedures allows us to navigate the system efficiently and anticipate prosecution strategies.
Evidence Analysis: We meticulously review police reports, body camera footage, laboratory results, and witness statements to identify inconsistencies or procedural problems.
Specialized Knowledge: As a firm focused primarily on drug defense, we stay current on evolving search and seizure laws that often determine case outcomes.
Alternative Resolution Advocacy: For appropriate cases, we pursue diversion programs, treatment alternatives, or reduced charges that minimize the impact on your future.
Trial Readiness: While many cases resolve before trial, our willingness to take cases to court when necessary strengthens our negotiating position.
Since 2015, Stockmann Law has handled over 250 interstate drug cases with 85.2% resulting in no jail time—even in cases involving substantial quantities or serious trafficking allegations.
FAQs – Lincoln, NE Drug Charges
What should I do first after being charged with drugs in Lincoln?
Contact an attorney immediately—before discussing your case with anyone else. The sooner you have legal representation, the better protected your rights will be. At minimum, exercise your right to remain silent until you've consulted with counsel.
Can drug charges be dropped or reduced in Nebraska?
Yes. Many factors can lead to charge reduction or dismissal, including constitutional violations during the stop or search, problems with evidence handling, or questionable probable cause. At Stockmann Law, we've successfully had numerous charges reduced or dismissed by identifying these issues early.
Is marijuana still illegal in Lincoln?
Yes. Despite neighboring states having relaxed marijuana laws, possession of any amount remains illegal in Nebraska. First-offense possession of small amounts (less than an ounce) is an infraction with a $300 fine, while larger amounts or subsequent offenses can result in misdemeanor or felony charges.
What if it wasn't my car or I didn't know about the drugs?
These are viable defense strategies, but require expert legal representation to effectively establish. Prosecutors must prove you knowingly possessed the controlled substance. If drugs were in a vehicle you were driving but didn't own, or in a residence you share with others, we can often challenge the "knowledge" element of the charge.
What's the difference between state and federal drug charges?
Federal drug charges typically carry significantly harsher penalties, including mandatory minimum sentences. Cases often go federal when they involve large quantities, cross state lines, or connect to larger distribution networks. Lincoln's position on I-80 makes federal prosecution more common than in many other Nebraska cities.
Do I need a lawyer right away?
Absolutely. The earliest stages of your case are often the most critical. Evidence can disappear, witnesses' memories fade, and statements made without legal counsel present can severely damage your defense. Early intervention by Stockmann Law can protect crucial evidence and prevent damaging missteps.
What makes Stockmann Law different from other firms?
Our practice focuses specifically on drug defense cases. Rather than handling general criminal matters, we've developed specialized expertise in constitutional issues surrounding searches, seizures, and drug prosecutions. Our track record of 85.2% of clients avoiding jail time in drug cases demonstrates the effectiveness of this focused approach.
Final Thoughts & What To Do Next
A drug charge in Lincoln doesn't automatically mean conviction. Many cases have weaknesses that an experienced defense attorney can identify and leverage—from improper stops and searches to chain of custody issues with evidence.
The quality of your legal representation often makes the difference between a life-altering conviction and a favorable resolution. At Stockmann Law, we've helped hundreds of Lincoln residents protect their futures while facing seemingly overwhelming drug charges.
If you or a loved one is facing drug charges in Lincoln, NE—don't try to navigate the system alone. Contact Stockmann Law at (402) 884-1031 for a confidential, no-pressure consultation. The sooner we can begin building your defense, the more options we'll have for protecting your future.
