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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 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.