Most people arrested and charged with driving under the influence (DUI) are unfamiliar with the criminal justice system. Instead of being a career criminal, the average DUI defendant is an otherwise law-abiding citizen who had a temporary lapse in judgment. Consequently, most DUI defendants who took and failed the chemical breath test are convinced they will be convicted. A Nebraska DUI defense attorney from Petersen Law Office explains how failing the breath test does not automatically mean you will be convicted of DUI. Don’t Let the Other Side Intimidate You Most DUI investigations end with the officer asking the motorist
Getting pulled over is never a pleasant experience. Most of the time, however, the worst thing that happens as a result of a traffic stop is having to figure out how to pay a hefty ticket. If that traffic stop turns into an investigation for driving under the influence (DUI) though, the outcome could be significantly more serious. Moreover, if you have never been through a DUI stop before, you will undoubtedly be nervous and unsure of what you should and what you shouldn’t do. In case you find yourself the subject of a DUI investigation, an Omaha DUI lawyer
Continue Reading What to Do – and Not Do — During a DUI Stop
For even the most law-abiding citizens among us, suffering through a seemingly random traffic stop on the side of the road is not fun. If the law enforcement officer that stopped you also wants to conduct a full-blown search of your vehicle, your initial reaction may be outrage – or fear. From a legal standpoint, however, you may also find yourself wondering if the officer even has the right to randomly stop a motorist and conduct a search for drugs (or other contraband). To help clear answer some of your questions, an I-80 drug stop lawyer explains when a law
Continue Reading Can the Police Randomly Stop Cars and Search for Drugs?
One of the most important rights you have as an accused in a criminal prosecution is your right to a trial by jury, guaranteed to you in the 6th Amendment to the U.S Constitution. Like all of your rights, your right to a trial by jury is your right to exercise or to waive. If you decide to exercise your right to a trial by jury, part of the jury trial process will include questioning prospective jurors, formally known as “voir dire.” To help you better understand what happens during a jury trial, an Omaha criminal defense lawyer at Petersen
Continue Reading Omaha Criminal Defense Lawyer Explains Voir Dire (Jury Questioning)
While there are repeat offenders, the average driving under the influence (DUI) defendant is an otherwise law-abiding citizen who had a lapse in judgment and ended up under arrest. That means that the average DUI defendant also knows very little about the offense for which he/she is charged in particular and about the criminal justice system in general. If you were recently arrested and charged with DUI, that means you may have a number of questions. To help you better understand your situation, a DUI lawyer answers some common questions. Do I need a lawyer? Ultimately, it is your decision
Continue Reading DUI Lawyer Answers Common Questions
Whether you are driving under the influence with contraband in the vehicle, or you are a perfectly law-abiding citizen with nothing to hide, no one enjoys getting pulled over by a police officer. At a bare minimum, a traffic stop can be embarrassing, time-consuming, and potentially expensive if the officer finds a reason to write a ticket. Worst case scenario you could end up being placed under arrest, taken to jail, and your vehicle could be impounded. An Omaha criminal defense lawyer at Petersen Criminal Defense Law explains that to avoid getting pulled over, you need to learn to think
If you are a resident of Lancaster County, Nebraska, you may occasionally wonder why you see so many law enforcement vehicles on the area’s roadways. Although the county’s largest city (Lincoln) is hardly a one stop light town, neither is it the size of Omaha. So why does it seem as though you cannot drive through the county without seeing law enforcement vehicles that appear to be just waiting to pull someone over? The answer is Interstate 80. More specifically, the drugs that are so frequently transported along I-80. To illustrate the problem, an I-80 drug stop lawyer from Petersen
Omaha marijuana defense attorney Tom Petersen explains that the Nebraska Supreme Court recently upheld a lower court’s ruling that allowed the warrantless search of a vehicle which ultimately resulted in the discovery and seizure of methamphetamine. At issue was whether the legalization of marijuana in nearby Colorado should change the standards for conducting such a search in Nebraska. State v. Seckinger involved a 2017 traffic stop in Gering, Nebraska which was initiated by a Nebraska State Trooper after the trooper watched a vehicle accelerate into an intersection in front of her and nearly cause an accident. When the trooper approached
When times are tough, it can be very tempting to make some extra money by transporting drugs across town or across the country. The people who try and recruit drivers always make it sound so easy – and virtually risk-free. It isn’t risk-free of course, but the money can be enticing. Before you find yourself contemplating just such an offer, make sure you know what you could be facing if you are caught. A Nebraska I-80 drug stop lawyer explains how long you could go to jail for if convicted of trafficking drugs. State vs. Federal Trafficking In the U.S.
Continue Reading How Long Could I Go to Jail for If Convicted of Trafficking Drugs?
If you were asked to define the word “conspiracy” you would probably be fairly comfortable doing so. It is one of those words that is used frequently enough that it seems easy to explain. Most of us, after all, have a favorite conspiracy theory from history. Being able to explain your favorite conspiracy theory, however, isn’t the same as explaining what it means to be accused of conspiracy to commit a criminal offense. The Omaha criminal lawyers discuss what the prosecution must prove to convict you of conspiracy in Nebraska. Nebraska Conspiracy Law In the United States, our system of
Continue Reading What Must the State Prove to Convict Me of Conspiracy?