Omaha Drug & Theft Lawyers
Legal Professionals Devoted to Your Case
Drug possession and any kind of theft is a crime in Nebraska. As a result,
if you are facing charges for such offenses, it is important that you
hire an experienced attorney to fight for your case. Our team at
Slowiaczek Albers will put our knowledge and professional experience to use as we craft
a defense against your drug or theft charges.
Possession of Controlled Substances and Marijuana
Nebraska divides controlled substances (CDS) into five “schedules,”
where Schedule I lists the most dangerous drugs that have a high probability
of abuse and addiction and no recognized medical value, and Schedules
II, III, IV, and V decrease in dangerousness and probability of abuse
and increase in recognized medical uses. A judge will determine the severity
of fines and prison time to impose for illegal possession based on the
schedule of the drug in question and the amount in possession. Nebraska
severely criminalizes the possession of CDS and substances used to manufacture CDS.
Note that the state treats marijuana differently from controlled substances.
Nebraska has decriminalized possession of small amounts of cannabis, penalizing
possession of up to 1 ounce with a $300 citation and no jail time. The
sale of any amount of marijuana, however, is still a felony with mandatory
minimum prison sentences depending on the situation.
Penalties for sale of marijuana are more severe than those for possession.
Criminal Levels of Theft
A person commits theft under Nebraska law by:
- taking or exercising control over the movable property of another with
the intent to deprive the owner of the property; or
- transferring immovable property of another with the intent to benefit a
person who is not entitled to the property.
Nebraska criminal statutes also identify specific offenses that constitute
theft, such as:
- failing to return rented or leased property at the end of a lease or rental
- motorized vehicle theft;
- using a fraudulent or stolen credit card to lease or rent a vehicle;
- theft by deception or extortion;
- theft of lost property, or property that has been delivered by mistake;
- theft of services; and
- theft by receiving stolen property.
Note that in addition to criminal penalties, any person who commits shoplifting
in Nebraska may be civilly liable to the store owner for any actual property
damage or loss sustained as a direct result of the incident. An offender
might be required to compensate the owner of the property for the full
retail value of the goods stolen, the cost of repair or replacement of
merchandise, court costs, and reasonable attorney fees.
Seeking Legal Support? Call (402) 928-2007.
If you are facing drug or theft crime accusations, consult an attorney
immediately for legal guidance. Nebraska has serious laws in place addressing
marijuana and drug possession, as well as different sentencing levels
for various types of theft offenses. Our team at Slowiaczek Albers can
take a look at your case and craft an efficient defense for your case.
Let our firm defend you against your charges. Call
(402) 928-2007 or fill out a
contact form here to discuss your case with one of our attorneys.