The Consequences of Drug Possession vs. Drug Trafficking Charges
If you've been accused of drug possession or drug trafficking, the potential penalties and long-term consequences are frequently life-altering. Unfortunately, many individuals don’t fully understand the differences between these two types of charges and how the outcomes associated with each can vary significantly.
At Abrahamson Law Office, we understand how overwhelming it can be to face drug charges, and we're committed to providing clarity on how to defend your rights with the strongest legal representation possible. Our goal is to help you understand the nature of each type of charge and the consequences each can have on your livelihood.
What is Drug Possession?
Drug possession refers to knowingly and unlawfully having a controlled substance in your possession. This can include drugs like marijuana, cocaine, methamphetamine, prescription medications without a valid prescription, and others classified as illegal substances based on Nebraska state law or federal regulations.
To be charged with possession, law enforcement typically needs to demonstrate that you had direct physical control of the substance (such as in your pocket, backpack, or vehicle) or that you were aware of and had access to it. Evidence such as the location of the drugs, the presence of drug paraphernalia, and even text messages or social media posts can play a role in how these cases are built.
The Consequences of Drug Possession
In Nebraska, the penalties for drug possession largely depend on the type and quantity of the substance. Simple marijuana possession for personal use may result in misdemeanor charges with fines or limited jail time. However, possession of larger quantities or more dangerous drugs like cocaine, methamphetamine, or heroin can carry harsher penalties, including felony charges and significant prison time.
It’s important to understand that even a misdemeanor drug possession charge can significantly impact your future, potentially affecting your ability to secure certain employment, housing, or professional licenses.
What is Drug Trafficking?
Drug trafficking, on the other hand, is much more severe. While possession typically involves personal use amounts, trafficking charges relate to the manufacturing, transportation, distribution, or sale of controlled substances. Importantly, possessing large quantities of drugs can result in an automatic presumption of trafficking, depending on the situation.
For instance, if law enforcement finds substantial quantities of a controlled substance in your possession, especially combined with other evidence such as cash, scales, or packaging materials, they may argue that you had the intent to sell or distribute the drugs.
Nebraska law takes drug trafficking very seriously, as this crime is often associated with organized criminal activity, cross-border operations, and widespread community harm.
The Consequences of Drug Trafficking
Drug trafficking charges often have severe legal consequences. These offenses are typically classified as felonies, which can lead to years or even decades of imprisonment, depending on the drugs involved and the quantity.
Additionally, drug trafficking convictions often come with hefty fines, property forfeiture, and other long-term effects, such as the inability to vote or possess firearms. Federal drug trafficking charges can carry even harsher penalties than state charges, especially in terms of mandatory minimum sentences.
The Differences Between Possession and Trafficking
While both charges are serious, it’s important to recognize key differences that influence how these cases are handled. Drug possession typically focuses on personal liability, while trafficking charges often point to broader criminal networks and intent to distribute.
Evidence requirements: Drug possession cases often rely on proving direct control over an illegal substance, while trafficking charges require evidence of distribution efforts, such as large quantities of drugs, communication records, packaging materials, or tools indicating sales activity.
Penalties imposed: The penalties for trafficking are generally more severe than those for possession. With trafficking charges, prison sentences are longer, fines are higher, and the prosecution may seek to make an example of the case. On the other hand, possession charges, particularly for first-time offenders, sometimes offer the opportunity for alternative sentencing, such as diversion programs.
Consequences Beyond Criminal Penalties
Unfortunately, drug-related convictions have far-reaching implications beyond fines and jail time. A criminal record can affect virtually every part of your life, from employment opportunities to housing eligibility. Depending on the charge, your professional licenses may be revoked, and in some cases, you may be barred from pursuing certain careers altogether.
If you are found in possession of drugs within 1,000 feet of a school zone or in the presence of minors in Nebraska, the penalties can become significantly more severe, potentially leading to enhanced charges and longer prison sentences under state law.
At Abrahamson Law Office, we understand what is at stake. We take a compassionate yet strategic approach to defend our clients by always prioritizing their best interests while seeking the most favorable resolution possible.
How to Defend Against Drug Charges in Nebraska
No matter the charges you are facing, an experienced attorney can help you mount the strongest possible defense. Drug charges are never simple, and the particular circumstances of your case will play a critical role in how you build your defense strategy.
For drug possession cases, you may argue that the evidence does not conclusively link the drugs to you. For instance, you could challenge whether you had proper knowledge of or control over the substance in question. Additionally, you can scrutinize the legality of the search and seizure process. If your rights were violated during an unlawful traffic stop, home search, or police interrogation, you can fight to suppress any improperly obtained evidence.
For trafficking charges, intent is often a focal point of the prosecution’s case. You may argue that large amounts of drugs or cash were not tied to distribution but rather reflect personal use or another lawful purpose. Similarly, your attorney can investigate every aspect of the prosecution's case, from the credibility of their witnesses to potential issues with chain-of-custody evidence.
Reach Out to a Criminal Defense Attorney for Experienced Representation Today
Facing a drug charge without experienced legal guidance can feel like fighting a battle you’re unprepared for. Prosecutors often seek maximum penalties, and trying to handle your case alone can result in significant consequences. By partnering with a skilled legal team, you gain an advocate who will thoroughly investigate your case, negotiate with prosecutors, and, if necessary, challenge the case in court.
If you or a loved one is facing drug possession or trafficking charges, reach out to us at Abrahamson Law Office today. Located in Omaha, Nebraska, we represent clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule a consultation.