Strengthened Penalties for Crystal Meth SentenceRaised use of crystal meth led to the federal government passing the Methamphetamine Epidemic Act in 2005 as a part of the government's war on drugs. The main purpose of installing the act was to place stiff restrictions on the legal uses of crystal meth, not to mention the heightening of the severity of its possession penalty laws. Due to the growing epidemic of crystal methamphetamine use, states like Nebraska have followed suit, implementing the same penalties for crystal meth possession as the federal government.
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Even small amounts of crystal meth can result in possession charges. A simple possession charge can carry approximately 5 years behind bars and a $10,000 penalty. Possession with the intent to deliver is a class II felony that can carry as high as 50 years behind bars and be depending on the quantity involved, those charges can go up to 3-50, 5-50 or 20-life.
Intent to Distribute Crystal MethThese larger amounts may possibly be a red light to the peace enforcement and the courts as coming with an "intent to distribute" which can result in very stiff punishments. Sometimes possession charges, and in worse cases, manufacturing charges can be brought against individuals that only possessed the over-the-counter drugs or chemicals used in the production of meth (otherwise known as precursor chemicals/ingredients, or meth paraphernalia). Among others, this includes ephedrine, methylamine, phenyl-2-propanone, hydriodic acid, and hydrogen gas.
See more:Nebraska Drug Crimes: What's a User Amount? | 402-807-2900 Crystal Meth DefenseA couple of the strategies to defend against a possession of methamphetamine charge is to challenge the intent of the individual. From there the sufficiency of the evidence and/or the police testimony may be called into question, as well as the constitutionality of the stop, search, or interrogation. A defense may even question the legality of use, meaning whether it was prescribed by a healthcare provider or not. The simple presence of crystal meth in a house does not necessarily implicate that every individual in the residence is under possession, as the court has to prove an individual to have intended to possess the drugs. This necessary element protects innocent bystanders who may unknowingly be living with a meth user or may have had the drug planted on them.
Learn more about:Nebraska Drug CrimesCrystal Meth Defense attorneyNebraska legal professional Dan Stockmann has dedicated the past 15 years of his life to being solely invested in criminal defense. His substantial experience and professionalism handling cases involving crystal meth earned him the accolades to be listed in the National Trial Lawyer's Top 40 Under 40 for 2013, in addition to being a member of the Nebraska Bar Association. He understands the ins and outs of Nebraska's justice system and can be a powerful advocate for your civil rights in uncertain times.Call now at 402-807-2900 or visit http://www.nebraskainterstatedrugdefense.com/ for FREE Consultation.
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