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Omaha Criminal Defense Blog

Understanding possession and intent to distribute charges

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 charges mean and how they are different.

According to FindLaw, 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 home. 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 the substance. Law enforcement usually needs to demonstrate that someone intended to sell drugs to members of the public.

What is Nebraska's stance on marijuana?

If you are a Nebraska resident who enjoys smoking an occasional joint in the privacy of your own home, it is unlikely that you will face legal consequences for doing so. For the most part, what you do in your home is your private business and law enforcement will not interfere with your doing it, such as “busting” you for possession of marijuana. However, as FindLaw points out, possessing even one ounce or less of marijuana is still a misdemeanor in Nebraska. You will face a $300 fine if law enforcement catches you with it outside your home and this is your first offense. You may also have to enroll in a drug prevention class.

If you are convicted a second time, this is a Class IV misdemeanor for which the fine increases to $400 and you will spend five days in jail. Your third conviction is a Class IIIA misdemeanor for which you could spend up seven days in jail and pay a $500 fine.

It takes a village to combat the use of drugs

Law enforcement in Columbus, Nebraska, have dealt with methamphetamine use and related crimes for a long time. The prevalence may go up and down but the cost to families which are torn apart from addiction is high.

Children of parents addicted to meth are often abused and neglected. When their parents are arrested for drug crimes, the family is torn apart. The children suffer again with the loss of their parents to the criminal justice system.

What if my employer claims I stole from the company?

When employees in Nebraska like you are facing felony theft charges at the hands of your employer or company, you will need a helping hand to guide you through the legal battle ahead. This is where McGoughLaw P.C. L.L.O., can help, providing you with information that you can use to defend yourself against unjust accusations in court.

When asked to purchase something on behalf of your company, it's important to go through all of the proper legal processes to document that you've received and carried out this request. Otherwise, it becomes all too easy for the blame for missing money to fall on your shoulders. It might even be possible for miscommunication to occur, leading to someone believing that you used the company funds without permission despite being asked to do so.

Traffic Stop Nets 60 Pounds of Pot Intended for Christmas Gifts

While many of us were out looking for the latest holiday sales on clothes, shoes and home goods, an elderly couple had a different idea for spreading holiday cheer. They stocked up on 60 pounds of high-grade pot intended, they say, for family Christmas gifts. The couple then started driving east toward Vermont to visit family.

According to police in Nebraska, they pulled-over Patrick Jiron, 80 and Barbara Jiron, 70 for a traffic violation when the Toyota Tacoma they were driving wove across a center line and the driver failed to signal.

The age of consent in Nebraska

It seems that in the past several years, Nebraska residents have heard about a large number of situations in which young people are alleging that an older person inappropriately engaged in sexual activity with them or perhaps at least attempted to do so. Whether or not this is more prevalent today than in past generations is hard to say. Among the many things people should learn about in these situations is when a person can legally agree to participate in sexual activity.

As explained by the Age of Consent, a person who is 16 years of age or older is legally able to engage in sexual activity in Nebraska. A person who is 16 and has sexual intercourse with a person who is 15 may be at risk of being accused of statutory rape. The age of consent is also recognized even in cases where both of the people involved are under 16. Therefore if two teenagers who are both 15 have sex, it may lead to criminal charges of statutory rape even if the activity was believed to be consensual on the part of both people.

Media pushes for release of information by state

Regardless of any individual person's belief about the death penalty, voters in Nebraska have collectively allowed it to remain in effect. Along with this one might believe would come the ability for the public to learn about some of the details involved in any execution that might take place. That, however, is not what is happening currently and many are upset about this. One entity has even filed a complaint against the state about this matter.

As the state of Nebraska has initiated preparations for its first execution in two decades, some media entities and the ACLU of Nebraska have asked the state to provide information about the source of the drugs that will be used to perform the execution. The state has so far refused to provide these details that in the past they had supplied. Media of Nebraska is alleging that the state's refusal to identify its execution drug supplier is a violation of state law, namely the Public Records Act.

3 ways you might inadvertently commit a gun crime in Omaha

In Nebraska, as well as most states in the Midwest, owning guns is a way of life. Like many citizens, you might want a handgun or rifle for hunting and home defense. Nebraska gun laws are relatively friendly for gun owners, but you need to understand that in many areas you will need a handgun permit, as well as special permits for carrying a firearm in the open. At McGoughLaw P.C., L.L.O., we feel it is essential to warn well-meaning gun owners that they may be committing an offense by not understanding local gun laws.

For example, if you live in Omaha, you will need to register all handguns you purchase with the Douglas County Sheriff's Office, according to the Omaha Police Department. The following points illustrate three ways you might get on the wrong side of the law when you buy a handgun:

  • You bring a handgun that is loaded or not in a secure container to the police department for registration. When registering a gun, it must be unloaded and placed inside a preferably locked container.
  • You are buying a concealable firearm and have previously been convicted of a felony, have prior convictions for illegally carrying concealed firearms or have an active protection order against you.
  • You have a prior conviction of assault or a drug crime during the past five years.

Young and in love? Some actions can have severe consequences

Romeo and Juliet is a classic love story with the saddest of endings. Because of their feuding families, they were unable to fulfill their desire for togetherness. Fulfillment of their physical longings was limited to a kiss, and Shakespeare even framed that in the context of a sin.

Views about young love are a lot different than they were years ago. Attitudes seem to be much more relaxed, but there is still a great range of difference in how that is reflected in state laws. In some states, individuals can consent to engage in sex with each other only at the age of 18. In Nebraska the age of consent is 16. One misstep on that score, even if done in ignorance, could lead to rape charges, conviction for which can have long-lasting and far-reaching consequences.

Two charges levied on man said to have stolen car

When a person in Nebraska is placed under arrest for any type of crimes, officers are required to have sufficient evidence with which to support placing that person under arrest. The type of evidence that is required obviously varies by the type of offense that a person is accused of but nonetheless this is essential to a criminal case.

For one man who was arrested in North Platte recently, reports give only a slight bit of information that may give credence to the arrest. Some details are missing that would logically make someone feel more needs to be known. The defendant has actually been accused of two crimes. One is the theft of a vehicle from an automotive repair shop and the other is drunk driving. For the first offense, what is known is that the vehicle the man was driving was not legally owned by him nor was he granted use of the vehicle by the owner. It is not known how he actually obtained the vehicle.

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Success Stories

  • 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 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 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 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 carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty.

What Our Clients Say About Us

  • “Jim, Thank you for all of your help over the past couple weeks. I cannot emphasize enough how much better I have felt after receiving your help. Keeping my record clean as possible means a lot to me and I couldn’t have done it without you, thank you!” -TP
  • “Jim, It's always a pleasure to see you in court. Your effective, professional representation of your clients is so helpful.” -LW
  • “Jim, On behalf of the V family, please allow me to offer a HUGE thank you for your exemplary legal representation - especially considering you took on this case a mere 5 months ago. ” -CV
  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated. I will contact you if anything else comes up//until then God bless you! ” -SH
  • “Jim, thank you for everything. After I was resentenced I became eligible for camp custody. I am now on the RDAP list and doing fine” -MH
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