Drug Crimes Overview

At McGoughLaw P.C. L.L.O., we handle defense representation in the full array of state and federal drug offenses for clients in Omaha and throughout Iowa and Nebraska. Controlled substances include marijuana, cocaine (crack or powder), heroin, methamphetamines, and others, including prescription drugs. Drug offenses include: possession, possession for sale, transportation, cultivation/manufacture, and being under the influence.

Interstate Transportation

We frequently represent defendants who have been accused of the interstate transportation of drugs, serious charges that carry severe penalties. Federal drug trafficking penalties can be found on the DEA website. Often, the defendant in these cases is from out of state, but was pulled over and arrested in Nebraska or Iowa. Facing criminal charges away from home can create a host of additional challenges.

Crack Cocaine vs. Powder Cocaine

Historically, penalties for drug offenses involving crack cocaine have been much more severe than penalties for the same drug offense involving powder cocaine. In recent years, activists have challenged this disparity and called for more fairness in drug sentencing, leading to changes in federal law. At McGoughLaw P.C. L.L.O., we are acutely aware of the crack cocaine-powder cocaine sentencing disparity, and we stay abreast of all legal developments in this ever evolving area.

Searches and Seizures

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by the government. This applies to individuals in their homes and, to a lesser extent, to individuals who are driving or walking down the street.

• Search and seizure law in drug cases: A common issue in drug cases is whether the defendant's right to be free from unreasonable searches and seizures was violated. If it was, then it is possible to exclude evidence that was procured by the police during the unlawful search or seizure.
• When stopped on the street: Whether an officer is permitted to search someone depends on the circumstances. For example, if a police officer has a reasonable suspicion that a person is armed, then the officer can conduct a limited pat-down of the person's outer clothing. Pat-down searches sometimes lead to the discovery of illegal items other than weapons, such as drugs. Nevertheless, if a pat-down search was unreasonable, an attorney may be able to exclude evidence confiscated as a result of the pat-down.
• When pulled over while driving: A police officer needs to have a lawful reason to stop a driver. Once the driver is stopped, the officer cannot search the driver or the car solely due to a minor traffic violation. However, there are a number of ways the police can legally conduct a search, including by obtaining the driver's consent, or by seeing something in plain view that is sufficient to raise "reasonable suspicion."

Seek Experienced Legal Counsel

At McGoughLaw P.C. L.L.O., we conduct intensive fact investigations into every case we take on. If there's something that will aid in your defense, we are going to find it. The criminal justice system can be confusing. If you have been charged with a drug-related crime, you may have many unanswered questions; for more information, visit our FAQs page.

If you have been arrested and charged with a drug-related crime, contact the attorneys at McGoughLaw P.C. L.L.O. today.