BLOG

Contesting Marijuana Drug Crimes

Robert Stahle • April 6, 2020
A wooden judge 's gavel is sitting on a table in front of a stack of books.

Each year, thousands of people are arrested and booked on marijuana possession charges. Marijuana is the most commonly used illegal drug in the United States, as federal laws make marijuana possession a crime. On the state level, marijuana is still illegal in both Iowa and Nebraska, even as some states have moved to legalized recreational consumption of the substance.

If you have been charged with a marijuana crime, you will want to consult with an experienced Sioux City, NE drug lawyer. Here at Fitch & Stahle Law Office , our team of professional defense attorneys have the time and resources to protect you from prosecution. Here is what you need to know about marijuana charges and how we can help you contest them.

Why Hire an Attorney for Marijuana Crimes?

The first thing you will want to do if you get arrested for a marijuana charge is reach out to a drug crime attorney. They will be able to listen to your account of what happened, stand by your side during the entire legal process, and help reduce your sentence. Whether your marijuana charges are simple possession or a more serious distribution charge, having a strong legal advocate can result in charges being reduced or even dropped.

When you’re choosing a drug lawyer , it is important to look at your options and choose one that specializes in drug cases. Some attorneys have more experience than others, and you should choose one that has worked on cases similar to yours.

Marijuana Drug Crime Defenses

When you contact a drug attorney , they will work with you to think up the best possible defense. Here are the most common ways that marijuana crimes are contested.

Unlawful Search and Seizure

According to the Fourth Amendment of the Constitution, every citizen is guaranteed to lawful search and seizure procedures prior to arrest. In drug possession cases, law enforcement has been known to violate this protection, which makes the Fourth Amendment a common defense in drug cases.

Drug Don’t Belong to You

Another common marijuana defense tactic is to claim that the marijuana belonged to somebody else. For instance, if the drugs are found in your car, a skilled drug attorney will press the prosecution to prove that they belonged to you and not one of your passengers.

Entrapment

Entrapment is a term that refers to when police officers or informants induce a suspect to commit a crime he or she otherwise would not have committed. In the case or marijuana, entrapment can occur when an informant pressures a suspect into passing drugs to a third party.

Sioux City Marijuana Drug Attorney

If you are facing marijuana charges, you may have defenses available to you that are not immediately evident. A skilled drug attorney can help get the charges reduced or even dropped. Here at Fitch & Stahle Law Offices, we have a thorough understanding of drug laws in both Iowa and Nebraska, and we have decades of experience defending people against drug charges.

If you have been accused of a drug crime, contact us at (402) 494-3012.

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.