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Contesting Marijuana Drug Crimes

Robert Stahle • October 6, 2020
weed charge sioux city attorney

Each year, hundreds of thousands of people across the country are arrested for marijuana-related crimes. Though some states have seen an easing toward legalization, the possession and distribution of marijuana is still unlawful in both Iowa and Nebraska, and thus penalties can include jail time, fines, and community service. Hiring an experienced drug crime attorney can help you get the charges reduced or even dropped.

Here at Fitch & Stahle Law Office, our team of professional drug attorneys has been helping Sioux City residents contest marijuana drug crimes for decades. Here is how, with the help of a professional drug attorney , you can contest marijuana drug crime accusations.

Defenses for Marijuana Crimes

When you first visit our drug lawyer for a consultation, together we will review some of the most common defenses for marijuana crimes, whether it’s possession or distribution.

Unlawful Search and Seizure

According to the Fourth Amendment of the United States Constitution, everybody has a right to due process of law, including lawful search and seizure procedures prior to an arrest. Issues with proper search and seizure are a common drug possession defense.

An example of improper search and seizure would be if the arresting officer used a crowbar to pry open the trunk of your vehicle, where the drugs were being held. This type of uninvited search would be a violation of your Fourth Amendment rights.

Crime Lab Analysis

Just because the drug that was seized looks like marijuana doesn’t mean that it actually is. The prosecution has to prove that the seized substance is actually the illicit drug it claims it is by sending it to a crime lab. The crime lab must then testify at trial and provide proof that the substance was indeed marijuana.

Drugs Belong to Someone Else

A common defense in drug cases is to claim that the drugs belong to someone else and that you did not know that they were in your residence or your vehicle. A skilled drug attorney will pressure the prosecutors to prove that the marijuana found in the car belonged to their client and not one of the other passengers in the car.

Drugs Were Planted

Certain police officers have been known to plant drugs in order to boost their arrest rate. In order to prove this, your attorney can file a motion that requires the police department to release the complaint file of the arresting officer.

Entrapment

Another common defense for drug possession and distribution crimes is entrapment. While law enforcement are free to set up sting operations, entrapment occurs when an officer induces a suspect to commit a crime he or she may not have otherwise committed. For example, if a police informant pressures a suspect into passing drugs to a third party, this action may be considered entrapment.

Sioux City Drug Attorney

Whether you have been charged with a misdemeanor or a felony, you will want the professional legal representation of Fitch & Stahle Law Office on your side. Our team of experienced drug lawyers will do everything they can to help you get the best possible outcome.

To learn more about our firm, contact us at (402) 494-3012 today.

By Robert Stahle September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.