I-80 profiling in Nebraska is becoming more commonplace. The legalization and decriminalization of marijuana in Washington, California and Colorado has brought an influx of illegal drugs into the state of Nebraska, and so prompting law enforcement officials to begin unlawfully profiling on I-80. This is especially true in the case of Colorado, where law enforcement has been specifically targeting cars with Colorado license plates. Police must have proper cause to pull you over, otherwise known as ‘reasonable articulable suspicion’ that you have violated the law, instead pulling someone over just because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-80 Profiling in Nebraska Penalties
I-80 profiling in Nebraska occurs frequently. As opposed to some other states, Nebraska still has some fairly severe penalties for the possession, trafficking, sale, and delivery of marijuana, which can yield stringent prison sentences and fines in a state or federal court. Many factors go into determining the punishment for a marijuana or drug crime, including: what kinds of drugs did the accused have on his/her person at the time of arrest (what “Schedule” the drug falls under); what the quantity of the drug was; if this was the accused’s first conviction; whether children were involved; etc.
If convicted, one must deal with a permanent criminal record, the inability to apply for government assistance (e.g., welfare or food stamps) or to receive student financial aid. Not to mention the great trouble you may encounter getting employment in the future, among a vast array of other things.
I-80 Profiling in Nebraska Defense
I-80 profiling in Nebraska is not always easy to prove. Creating a defense for profiling alone may be the wrong strategy if drugs were found on your person. What is more pressing is the possibility of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver as a result of profiling on I-80.
If you are caught trafficking, then an attorney could prove a lack of intent on your part, meaning you did not have the “guilty mind,” or criminal intent, necessary to perpetrate the offense. Lack of intent can lead to a dismissal of the case. One angle, highly pertinent to interstate drug crime, is a Fourth Amendment violation, or the claim that law enforcement either conducted the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been taken advantage of by officers encroaching the defendant’s right to remain silent. But really, it depends on how the court will charge you and what penalties you will face before your attorney can select a winning strategy.
I-80 Profiling in Nebraska Defense Attorney
Are you or a loved one facing a conviction for a drug crime because of I-80 profiling in Nebraska? Such crimes are not taken lightly by the state or federal investigators and prosecutors, and should not be taken lightly by you either. If profiling has been used unlawfully in your arrest, criminal defense attorney Dan Stockmann can use that in his arsenal of defense in creating the optimal strategy to either triumphantly win your case, or have the charges and the penalties reduced. Choose Stockmann Law for their 20 years of specialized drug criminal justice, their proven track record, and their aggressive stance on individual justice.