Answers to 5 Common Criminal Law Questions

On behalf of Tom Petersen posted in Uncategorized on Friday, June 7, 2019

If you were recently arrested and charged with a criminal offense, and this is your first exposure to the criminal justice system, you are probably feeling overwhelmed and worried about the ultimate outcome of your case. Like many first-time defendants, your knowledge of the criminal justice system may be limited to what you have gleaned from watching television. Unfortunately, most shows do not offer an accurate portrayal of the inner workings of the American criminal justice system. If you have specific questions regarding your case, you should consult with an experienced criminal defense attorney. In the meantime, however, a Nebraska

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Can I Still Drive after Being Arrested for DUI in Nebraska?

On behalf of Tom Petersen posted in Administrative License Revocation on Thursday, May 30, 2019

Under the best of circumstances, getting pulled over by a law enforcement officer is a giant headache that can ruin a perfectly good day. If you consumed alcohol prior to getting behind the wheel, however, that annoying traffic stop can quickly become a full-fledged driving under the influence (DUI) investigation. If you do ever find yourself in a jail cell charged with DUI you will undoubtedly have a number of worries and concerns about the implications of your arrest. At the top of that list may be whether you will be able to drive after your arrest. A Nebraska DUI

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What Does It Mean to Exclude Evidence?

On behalf of Tom Petersen posted in Criminal Defense on Tuesday, May 28, 2019

In a criminal prosecution, the State has the burden of proving the defendant’s guilt beyond a reasonable doubt. To do that, the State typically gathers evidence that it then intends to admit at trial to prove the defendant’s guilt. If you are currently a defendant in a criminal prosecution, your attorney may file a “Motion to Suppress” during the pre-trial phase of your case. While every criminal prosecution involves a unique set of facts and circumstances, an Omaha criminal lawyer at Petersen Law Office explains the basic concept behind a Motion to Suppress and how it might impact your case.

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5 Reasons You Should Fight a DUI Conviction

On behalf of Tom Petersen posted in DUI Conviction on Friday, May 24, 2019

Although arrests for driving under the influence (DUI) have decreased significantly in the past couple of decades, they still occur on a regular basis – and often to otherwise law-abiding citizens. If you are one of those law-abiding citizens and you find yourself sitting in jail facing charges for driving under the influence, your initial reaction may be that you want to resolve the problem as quickly as possible. That may cause you to accept a guilty plea agreement without even considering the possibility of launching a defense. A Nebraska DUI attorney explains why you shouldn’t jump at the first

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5 Reasons You Should Never Be Your Own Defense Lawyer

On behalf of Tom Petersen posted in Criminal Defense on Friday, May 17, 2019

Were you recently arrested and charged with committing a criminal offense? If so, and you are contemplating acting as your own lawyer, you are probably making a big mistake. You may think the charges aren’t really that serious or that you can’t afford an attorney. Whatever the reason you have for deciding not to hire an experienced criminal defense attorney, you really should re-evaluate that decision. To help you understand why representing yourself could be such a bad idea, a Nebraska criminal defense lawyer offers five reasons you should never be your own defense lawyer. There may be more at

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When Can the Police Do a Blood Draw for a DUI Investigation?

On behalf of Tom Petersen posted in DUI on Friday, May 10, 2019

If you find yourself under arrest for driving under the influence (DUI), you will be transported to the jail or police station where you will be asked to submit to a chemical test. The purpose of that test is to determine if you have alcohol in your system. Most of the time a breath test is the test of choice; however, both urine and blood tests can also be used in a DUI investigation. A DUI defense lawyer at Petersen Law Office explains when the police can do a blood draw during a DUI investigation. Nebraska’s Implied Consent Law Because

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What Is Restitution?

On behalf of Tom Petersen posted in Criminal Law on Friday, May 3, 2019

Most people worry about the possibility of being sentenced to a term of imprisonment when they are facing criminal charges – and with good reason. The threat of jail or prison time is certainly one possible sentencing option if you are convicted of a criminal offense. There are, however, other sentencing terms that may be ordered in lieu of, or in addition to, a term of imprisonment. Restitution, for example, may be ordered as part of a sentence. For those who are unfamiliar with the concept, an Omaha criminal defense lawyer from Petersen Law Office explains restitution. Understanding Restitution Restitution

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Understanding the Warrant Requirement

On behalf of Tom Petersen posted in Criminal Defense on Friday, April 26, 2019

In the United States, the 4th Amendment to the U.S. Constitution protects against unreasonable searches and seizures by requiring a law enforcement officer to obtain a warrant before conducting a search. Although most people are familiar with the concept of a warrant, they don’t truly understand the ins and outs of the warrant requirement. Because you never know when you might be the subject of a search and seizure, an Omaha criminal defense lawyer at Petersen Law Office explains the warrant requirement. The Fourth Amendment The U.S. Constitution provides you with a number of important rights and privileges, including the

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Will Nebraska Extradite Me?

On behalf of Tom Petersen posted in Criminal Law on Friday, April 19, 2019

Interstate 80, which runs from east to west across the United States, has long been a well-traveled route for illegal drugs making their way up from Central and South America. Consequently, it is not unusual for residents of other states to be stopped and arrested for drug-related offenses in Nebraska. If you were arrested in Nebraska, made bond, and then failed to return for a court appearance, you likely have an outstanding warrant for your arrest. If so, you are probably worried about the likelihood that Nebraska will extradite you back to stand trial. An I-80 drug stop lawyer at

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How Can the State Prove I Was Dealing?

On behalf of Tom Petersen posted in Drug Crimes on Friday, April 12, 2019

If you find yourself to be the defendant in a prosecution for dealing a controlled substance, you are likely more than a little concerned about the outcome of your case. Just as with almost any offense, there is more than one possible defense tactic you might decide to use to avoid a conviction. An experienced Nebraska I-80 drug stop lawyer explains how challenges the “dealing” element of the charges against you may be an excellent option. Nebraska Controlled Substance Statute Nebraska Revised Statutes Section 28-416 governs most offenses involving controlled substances, reading as follows: Except as authorized by the Uniform

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