Nebraska Criminal & Trial Lawyers
Call Today 402.614.8655
After Hours/Emergency 402.660.6909
Put An Experienced Defense Team
Between You And Your Charges

Omaha Drug Possession Lawyer

Fighting Drug Possession Charges Throughout Douglas County

If you have been charged with drug possession and are thinking about handling your case without a lawyer – think again. Whether you face a misdemeanor or felony drug possession charge in state or federal court, the consequences are potentially very serious.

Depending on the facts of your case, a conviction could send you to jail or prison and will leave you with a record that could restrict your housing, employment, and student loan options. You must hire a team of experienced drug possession attorneys who can protect your constitutional rights. Most of our clients have been falsely accused – don’t let these accusations affect your future. Work with McGoughLaw P.C. L.L.O.

Are you facing a drug possession charge in Nebraska? Call McGoughLaw P.C. L.L.O. today at (402) 614-8655 or contact us online to meet with our Omaha drug possession attorney.

State & Federal Drug Possession Cases We Handle

Due to the seriousness of drug possession charges and the severe penalties often imposed upon conviction, it is vital to work with a team of trial attorneys who will intelligently and vigorously fight for your rights and freedom. At McGoughLaw P.C. L.L.O., our team of lawyers knows what it takes to mount an effective defense against drug possession charges. We have more than 22 years of experience in state and federal courts, and we devote a sizable portion of our practice to the successful resolution of complex drug crime cases.

Our drug possession attorneys have a long track record of success defending clients charged with possession of a broad range of illegal drugs and narcotics, including:

  • Marijuana
  • Methamphetamine
  • Cocaine/crack
  • Heroin
  • Prescription drugs (OxyContin, Xanax, Vicodin, Valium)

Nebraska Drug Laws

In Nebraska, it is illegal to possess and sell drugs. The Nebraska Legislature says that these drug crimes are considered felonies. The severity of the penalty usually depends on the amount of a substance a person possesses and the particular drug.

A charge of drug possession means that people intentionally acquired an illegal substance and kept it at their home or on their person. Sometimes someone might be charged with possession if they knew drugs were in a home but did not remove them. In some situations, law enforcement may charge people with possession if they should have realized that a substance was illegal. Additionally, someone may be charged with possession with the intent to distribute. This means that law enforcement usually needs to demonstrate that a person has the materials necessary to distribute drugs and the substance.

Is Possession of a Controlled Substance a Felony?

Usually, Possession of a Controlled Substance is a Class IV Felony in Nebraska. Depending on which “schedule” the drug you possess falls into, it can impact what you are charged with. Possession of any controlled substance in Schedules I, II, or III, can be charged with a Class II or IIA felony. On the other hand, possession of any drug in Schedules IV or V can be charged with a Class IIIA felony. Depending on the circumstances of your specific case, there can be different classifications of felonies that apply. Adding “with intent to deliver” to possession of a controlled substance charge changes things substantially. The law is much harsher on people suspected of selling drugs.

Possession with Intent to Distribute

When someone is charged with a drug crime in Nebraska, he or she may sometimes be charged with the intent to distribute, drug possession, or both. It is important to understand what these changes mean and how they are different.

People might be charged with the intent to distribute if law enforcement finds emails between them and possible customers or packaging materials and other equipment at their homes. Additionally, possessing large quantities of an illegal substance may cause people to be charged with this crime, even if they do not have other materials suggesting they intend to sell it. Law enforcement usually needs to demonstrate that someone intended to sell drugs to public members.

Start Your Defense Today

We can meticulously investigate the facts of your case and the evidence against you. We will search for holes in the prosecution's case and opportunities to suppress the use of improperly obtained evidence at trial. Whether in the courtroom or at the negotiating table, we can help you obtain a favorable resolution to move forward with your life.

Contact  McGoughLaw P.C. L.L.O. today to schedule a consultation!

undefined undefined undefined

Client Success Stories

  • Theft
    Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client. Defendant was charged with burglary. At the preliminary hearing, we created a record that established that the State had very little corroborated evidence against our client. After the hearing, we filed a motion to suppress, arguing that the charges should be dismissed because the State could not prove that our client was involved in the burglary. Shortly before a hearing on our motion, the State contacted us and agreed to dismiss all charges against our client. Defendant was charged in federal court with embezzling several thousand dollars. Following our investigation and providing relevant information to the Government and the Court, the Court agreed to sentence our client to probation with no jail time. Defendant was charged in federal court with cheating the Government out of hundreds of thousands of dollars. Following our investigation and settlement negotiations with the Government, the Court agreed to sentence our client to probation without having to go to jail.
  • Other Offenses
    Defendant was charged with possession of child pornography and was previously represented by a different attorney. Defendant came to us for help because his current attorney was not able to get the matter resolved from Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all felony charges against our client. Based upon our presentation to the Court at sentencing, the Court agreed to sentence our client to probation without having to go to jail. Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty. Defendant was charged in federal court with impersonating an officer. Following an investigation and information presented to the Government, the Government agreed to dismiss the charges against our client. Defendant was charged with child endangerment and was previously represented by a different attorney. Defendant came to us for help because her current attorney was not able to get the matter resolved for Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client. Defendant was previously sentenced to several years in prison. Defendant had been represented by a different lawyer. Our firm was asked to review the case to determine if there was anything that could be done to reduce Defendant's sentence. Following our investigation and presentation of materials to the State and Court, our client was re-sentenced to time served and released from prison.
  • Drug Possession
    Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client. Defendant was charged with carrying numerous pounds of marijuana. Following a suppression hearing where several statements made by the arresting officer were called into question, the State dismissed the felony possession charge. At sentencing, we presented evidence and information that convinced the Court to sentence our client to probation with no jail time. Defendant was charged with carrying numerous pounds of marijuana. Following a complete investigation by our firm, the State agreed to give the Defendant a deferred sentence which would not appear on his record. Our client avoided any criminal conviction and avoided a jail sentence. Defendant was charged with possessing drugs found at the airport. After our investigation and presentation of materials to the State, the State agreed to dismiss the charges against our client. Defendant was charged with possession of prescription drugs. Following a successful suppression hearing where the Court ruled that the State could not use certain evidence against our client, the State agreed to dismiss all felony charges against our client. At sentencing on a reduced misdemeanor charge, we were successful in convincing the Court to sentence our client to probation with no jail time. Defendant was charged with possession of prescription drugs while a student at college. After our investigation and presentation of materials to the State, the State agreed to refer the matter to diversion. This resulted in our client not having any criminal charges on his record. Defendant was charged with drug conspiracy and possession of a weapon. Following a hearing challenging the Government's evidence, the Court sustained our motion to suppress and ruled that the Government did not have probable cause to stop, detain or search our client.
  • Assaults
    Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client. Defendant was charged with assaulting an officer. The matter proceeded to trial and the jury found our client not guilty. Defendant was charged with assault. Following our investigation and presentation of relevant information to the State, the State agreed to dismiss the charges against our client. Defendant was charged with assault with a deadly weapon. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client.
  • Sexual Offenses
    Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client. Defendant was charged with sexual assault. At the deposition of the alleged victim, a number of inconsistencies were identified and highlighted and the State dismissed all felony charges against our client. Defendant was charged with soliciting a minor from craigslist. After taking a deposition of the alleged victim, our firm was able to highlight a number of inconsistencies and questionable information and the State dismissed all felony charges against our client. Defendant was charged with sexual assault. During the deposition of the alleged victim, our firm got the alleged victim to admit that it was possible that all of the information provided to police was from a dream and was not real. The State dismissed all felony charges against our client. Defendant was charged with sexual abuse of a family member. Following a deposition of the alleged victim and complete investigation, demonstrating that a number of statements made by the alleged victim were questionable and inconsistent with other information, the State agreed to dismiss the charges. Defendant was charged with sexual assault. The matter proceeded to trial and the jury found there was insufficient evidence to convict the Defendant. Our client was never convicted of the charge. Defendant was charged with multiple counts of sexual assault on family members. The matter proceeded to trial and the jury found Defendant not guilty of two charges and found there was insufficient evidence to convict on a third charge. Before Defendant could be retried on the third offense, the State agreed to dismiss all sexual offenses against our client. Defendant was charged with a sexual assault that the State claimed happened several years ago when the Defendant was a minor. We filed a Motion to transfer the matter to juvenile court, arguing that the matter should be dismissed. After our hearing, the State agreed to dismiss charges against our client.

A Reputation For Excellence

See What Our Clients Have To Say
  • “Your office got involved at the right time and did a phenomenal job on cross-examination of the witnesses.”

    R.W.

  • “Thank you to everyone for working on my son's case.”

    R.M

  • “Thank you for all that you did - Nathan did a great job.”

    F.T.

  • “Thank you and everyone that's working on my case in your office!”

    S.H.

  • “Jim is the best lawyer I've seen and I was very pleased.”

    J.M.

  • “Don't look any further than McGough Law Firm if you want the best!!!”

    GJT

  • “Nathan, thank you so very much for getting this matter handled for me so quickly! ”

    S.M

  • “ Keeping my record clean as possible means a lot to me and I couldn't have done it without you, thank you!”

    T.P.

  • “Thank you so much for all your hard work on my case which allowed me to be with my daughter and family for this holiday season.”

    M.L.

  • “Please allow me to offer a HUGE thank you for your exemplary legal representation.”

    C.V

  • “I was very pleased with the outcome of my case and all the work the Jim and everyone did for me.”

    S.B.

  • “ I would without a doubt say his representation was above and beyond my expectations. ”

    D.B.

  • “Nathan, thank you again for representing my case. I appreciate all the knowledge you provided and ensuring that I was in good hands.”

    A.K.

  • “Thank you for your constant help with this process.”

    N.L

  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated.”

    S.H.