You’re driving home when flashing lights appear in your rearview mirror. The officer finds a suspicious item in your car and suspects it’s drugs. Now, you’re facing drug possession or trafficking charges in Nebraska. Panic sets in—what evidence do they have, and how could it lead to a conviction? Understanding how evidence works and what evidence is needed for a drug conviction in Nebraska could make all the difference if you ever face such a situation.
What Evidence Is Needed for a Drug Conviction?
For a drug conviction in Nebraska, prosecutors must present clear, credible evidence that proves you committed the crime beyond a reasonable doubt. Although the evidence needed for a drug conviction varies from case to case, each piece of evidence has a distinct function in proving guilt, particularly when it comes to cases involving intent to manufacture or distribute.
According to Nebraska Revised Statutes § 28-416 and similar statutes, the evidence must demonstrate that the accused knowingly had or trafficked controlled substances. The burden of proof falls on the prosecution, who must show that the substance in question is illegal and that the accused knew of its presence and had control over it.
What Is an Example of Drug Evidence?
Drug evidence can take many forms, and understanding what counts as evidence may clarify how a case could unfold. Examples may include:
- Physical possession. The drugs were found on your person or in locations like your home or vehicle. If your home or vehicle is shared with others, the prosecution must prove you constructively possessed the substance by knowing of its presence and exercising control over it.
- Paraphernalia. Items like pipes, scales, or bags can suggest drug use. These items can also indicate that you intended to package and distribute the substance.
- Intent indicators. Possessing large quantities of a drug or large amounts of cash can indicate an intent to sell. Also, communication records, such as text messages, may indicate intent to distribute.
- Witness statements. Testimony and statements from informants or those who testify to having seen or participated in drug-related activities can also play a significant evidentiary role in your case.
Nebraska courts heavily depend on physical and testimonial evidence if it meets the state’s admissibility criteria.
How Is Drug Evidence Presented in Court?
Presenting drug evidence in court is a detailed and carefully monitored process governed by Nebraska’s Rules of Evidence.
Law enforcement must collect, store, and present evidence according to strict guidelines to ensure it’s not tampered with or mishandled. The evidence must follow chain-of-custody protocols that establish every step the evidence has taken since its discovery. If there’s any indication that evidence was mishandled, a defense attorney could challenge its admissibility.
In Nebraska, legal protections such as the Fourth Amendment and the Nebraska Constitution ensure that evidence is obtained lawfully. Evidence gathered through illegal search and seizure may be suppressed, meaning it can’t be used against you in court.
Challenging Evidence in Drug Cases
Challenging the evidence presented may be crucial to your defense strategy. Even minor errors in how evidence was handled or collected in drug cases can weaken the prosecution’s case.
For instance, if an officer searches your car without probable cause, your attorney can move to suppress that illegally obtained evidence. Or, if law enforcement fails to maintain proper documentation of the chain of custody of any evidence, your attorney can argue to suppress that as well. These are just two examples of how your attorney can challenge evidence. There are others, and your lawyer can discuss evidentiary challenges based on the circumstances of your case.
In Nebraska, drug evidence undergoes rigorous examination, especially when faced with the skills of a seasoned criminal defense attorney. If evidence is successfully challenged or suppressed, it could lead to a dismissal of charges or reduced penalties.
Building a Strong Defense Against Drug Evidence with Petersen Criminal Defense Law
Your attorney can develop a strategy tailored to your case based on understanding the evidence required for a drug conviction. A skilled Petersen Criminal Defense Law attorney examines the evidence, assesses its collection and handling, and develops an effective defense strategy to uphold your rights.
Common defense strategies in drug cases include:
- Arguing that evidence was obtained unlawfully;
- Arguing that evidence was mishandled and, therefore, is unreliable;
- Challenging the credibility of witness testimony; or
- Disputing the substance’s identity.
Our firm has an unparalleled understanding of Nebraska’s drug laws and a proven record of effectively challenging evidence. Take control of your defense by consulting with an attorney determined to protect your rights and future. Don’t wait—contact us to start building your defense today.
FAQs
Can Police Search My Vehicle Without a Warrant?
Generally, police need probable cause to search your vehicle without a warrant. If they lack valid grounds for the search, your attorney may be able to challenge the legality of the evidence.
What If Someone Else Claims Ownership of the Drugs?
It may benefit your case if another person claims responsibility for the drugs. Your attorney can use this statement to challenge the prosecution’s claim that you possessed the drugs.
Are Field Tests Enough to Prove a Substance Is an Illegal Drug?
Field tests are often preliminary and can be inaccurate. Your attorney can question the reliability of field test results and may require more thorough lab testing to confirm the substance’s identity.
Resources:
- Roadside Drug Tests Used to Convict People Aren’t Particularly Accurate. Courts Are Beginning to Prevent Their Use. ProPublica (2023), link
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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