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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 July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.