One of the most common drug charges in Nebraska includes possession with intent to deliver. Largely, this is because of the highway system that runs throughout the state. Possession with intent to deliver charges are quite different and more significant than a simple possession charge. Most drug offenses like this often carry a minimum sentence, especially if it is a large amount of drugs. However, it is possible to get a possession with intent to deliver charge for any amount of drugs - there have even been cases of people only carrying one pill and getting this charge if they admitted they were going to give it to someone else. Courts have to prove quite a bit before someone can be charged with this type of crime. It is easy for law enforcement to charge someone with this crime, but it is more difficult to get a conviction.
Punishments for possession with intent to deliver vary depending on the type of drug and how much someone had on them.
How Courts Prove Possession With Intent to Deliver
If you have been charged with possession with intent to deliver, there are a few different things that the prosecution will have to prove in order to get a conviction. They need to prove that you willingly and knowingly possessed the controlled substance. There are instances where someone doesn’t know that they are being used to transport drugs OR they were forced to transport those drugs.
They also need to prove that you were going to deliver or transfer that drug to someone else, even if you did not get money in return. Simply just transporting the drug is a crime and can be convicted. Simply put, there does not need to be an intent to sell.
While there is some room for debate within the law, there does not need to be evidence, in some cases, that the accused was trying to deliver the drugs to anyone. A large enough quantity of drugs, something that is larger than what one person can realistically use, can be enough for some judges or juries. This means that the prosecution does not need to prove who was going to receive the drugs.
Often, possession with intent to deliver is proven based on the quantity of the drug that the person has. That amount changes based on the type of drug.
Fighting Possession With Intent To Deliver Charges
Fighting a possession with intent to deliver charge requires a keen knowledge of the law and experience in fighting against these types of charges. Often, there are certain technicalities that can help someone effectively fight that charge. For example, if you were a passenger in a car that was delivering drugs and you didn’t know before you got into the car, the lawyer just has to prove that is the case - and prove that you did not have the chance to get out of the car. While law enforcement (and judges) may be suspicious, this is something that happens frequently.
Remember that a possession with intent to deliver charge is something that can completely change your life. You need to have a tough lawyer who will fight for you and give you a realistic view of your choices.
Lawyers have to know everything about the situation, so it is important to find someone that you trust and feel comfortable working with - as these cases can sometimes take a long time to settle.
Fighting is effective, however. With a good judge, many people will be able to at least lessen their possession with intent to deliver charges and get reduced fines and sentences.
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. He will help you to sort out the facts of your case and offer assistance. For help as soon as possible, contact a Nebraska drug lawyer at (402) 884-1031.
