Marijuana possession in nebraska?

[Colormered1337]

While on vacation in 03/2016 my boyfriend was charged with possession of marijuana less than one ounce in Nebraska. We live in ohio. He has one previous possession charge from 2002. His only other criminal charges were a couple of dui's. I know since this is his second offense he can be given jail time, but it's not mandatory. Are judges likely to give out jail time for this offense?

 

[Zigner]

While on vacation in 03/2016 my boyfriend was charged with possession of marijuana less than one ounce in Nebraska. We live in ohio. He has one previous possession charge from 2002. His only other criminal charges were a couple of dui's. I know since this is his second offense he can be given jail time, but it's not mandatory. Are judges likely to give out jail time for this offense?

We can only pray for such an outcome...

 

[quincy]

While on vacation in 03/2016 my boyfriend was charged with possession of marijuana less than one ounce in Nebraska. We live in ohio. He has one previous possession charge from 2002. His only other criminal charges were a couple of dui's. I know since this is his second offense he can be given jail time, but it's not mandatory. Are judges likely to give out jail time for this offense?

Possibly. It is hard to tell what a prosecutor will push for and what a judge will do.

Your boyfriend should seek out the help of a criminal defense lawyer. That is his best chance of escaping jail time.

 

[Zigner]

Your boyfriend should seek out the help of a criminal defense lawyer. That is his best chance of escaping jail time.

He should also seek out a substance abuse recovery program.

 

[quincy]

He should also seek out a substance abuse recovery program.

Yes. That would definitely be smart - especially since it seems the mention of the boyfriend's previous DUIs was added to the post rather casually. Someone does not seem to be taking the illegal drug use very seriously.

Here is a link to Nebraska's marijuana laws and penalties:

http://norml.org/items/nebraska-penalties-2

For a third offense, there is a mandatory minimum of 7 days in jail. Whether the judge will consider the DUIs during sentencing is anyone's guess but the ordering of a drug education course seems likely.

 

[OHRoadwarrior]

Just think of all the fun he will have running back and forth for court. As he is a habitual user, it is hard to say what the judge will do. As he has no problems traveling with drugs, again the judge may be hard on him.

 

[quincy]

Just think of all the fun he will have running back and forth for court. As he is a habitual user, it is hard to say what the judge will do. As he has no problems traveling with drugs, again the judge may be hard on him.

I suspect the judge will not simply ignore the boyfriend's past offenses, at any rate.