Omaha Criminal Defense Attorney Explains the Lautenberg Amendment

On behalf of Tom Petersen posted in Criminal Defense on Thursday, November 4, 2021

What is the Lautenberg Amendment? The Lautenberg Amendment, also known as the Lautenberg Law, is a 1996 amendment to the federal Gun Control Act of 1968. The amendment prohibits people who have a domestic violence conviction from owning, possessing, or transferring firearms. This prohibition lasts a lifetime, and the penalty for violating the law is severe. The primary purpose of the Lautenberg Amendment is to discourage domestic violence by taking firearms out of abusers’ hands. Despite the good intentions of the law, it contains some surprising consequences that many people consider unfair. Who are “Prohibited Persons”? “Prohibited persons” are people

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What Is Involuntary Manslaughter by Vehicle in Nebraska?

On behalf of Tom Petersen posted in Felony Offenses in Nebraska on Thursday, November 4, 2021

Get the Help You Need from a Tough and Aggressive Nebraska Involuntary Manslaughter Attorney Motor vehicle crashes can lead to tragedy. However, when people die in motor vehicle crashes, police often assume someone broke the law. As a result, you might face involuntary manslaughter charges simply because you were in an accident. Involuntary manslaughter by motor vehicle is a felony in Nebraska. These charges could send you to jail for a long time. Nebraska criminal defense attorney Thomas M. Petersen and his team with the Petersen Law Offices are tough, experienced, and skilled fighters. They will fight for you. With

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What Can Cause a False Positive Breathalyzer Test?

On behalf of Tom Petersen posted in Breath Test in Nebraska on Thursday, November 4, 2021

DUI Charges Are Serious. You Need the Best Legal Help Available to Give You the Best Chance to Beat Your Case. Nebraska law is tough on drunk drivers. You have a choice of either refusing the breathalyzer test or taking the test. If you refuse the test, you are punished more harshly by the Department of Motor Vehicles. If you take the test and fail, this evidence will be used against you in court. What if you only had a couple of drinks and still fail? You might wonder if the results of your test gave you a false positive

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Is It Illegal to Sell Fake Drugs in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense, Drug Crimes on Thursday, July 29, 2021

It’s common knowledge that selling drugs is against the law. However, it may come as a surprise to learn that you can get arrested for selling fake drugs. When it comes to Nebraska drug possession charges, the government can’t prosecute you unless the substance you have in your possession is illegal. For example, if you bought something you thought was marijuana, but it was actually oregano, you may have gotten ripped off, but you won’t face any legal trouble. However, the same is not true for the sale of fake or counterfeit drugs. In Nebraska, you can face a criminal

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Should I Get a Lawyer for My First DUI Offense in Nebraska?

On behalf of Tom Petersen posted in DUI on Thursday, July 29, 2021

If you’ve been arrested for your first DUI offense, it’s an overwhelming experience, to say the least. While you probably know that you can face a driver’s license suspension, fines, probation, and even jail time, you may not have any idea about the process or how to defend against the charges. The truth is that there is a lot of inaccurate information out there, and those facing a DUI first offense should not necessarily expect everything they hear or read online to be true. In reality, many people charged with DUI offenses have defenses against the allegations. Police officers, lab

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Omaha Criminal Defense Lawyer Explains Nebraska Child Pornography Laws

On behalf of Tom Petersen posted in Criminal Law, Sex Crimes on Monday, July 19, 2021

Seek Expert Advice Right Away If You Have Child Pornography Charges in Nebraska Nebraska’s Child Pornography Prevention Act (the Act) is a comprehensive statute designed to protect children. The Act clearly defines prohibited behavior and sets forth significant punishments. Anyone found guilty of violating Nebraska’s laws on child porn faces long prison terms. Additionally, a conviction under Nebraska child porn laws could have significant unintended consequences that could severely alter the course of a person’s life. If you have child porn charges in Nebraska, you might think your world is caving in around you. Fortunately, there’s hope. Thomas M. Petersen

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Assault with a Deadly Weapon in Nebraska

On behalf of Tom Petersen posted in Criminal Defense, Criminal Law on Monday, July 19, 2021

Talk with a Highly Qualified Nebraska Criminal Defense Attorney About Your Assault with a Deadly Weapon Charge If you or a loved one faces charges in Nebraska of assault with a deadly weapon, you probably understand that these are very serious. You may have many questions about what an assault with a deadly weapon means and what are the possible punishments. You should seek the advice of a highly experienced, knowledgeable, and dedicated Nebraska assault defense attorney to get the answers you need. What Is Assault with a Deadly Weapon in Nebraska? Assault with a deadly weapon is the act

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What Can Make a Search Warrant Invalid in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense, Criminal Law on Tuesday, June 29, 2021

Nebraska law provides strict guidelines regarding when and how a search warrant can come into play. So what can make a search warrant invalid? When the government should not have issued a warrant or issued one incorrectly, search warrant laws in Nebraska may exclude any evidence as a result of the search. What Makes a Search Warrant Invalid? A number of circumstances may make a search warrant invalid. If you think police collected evidence against you in an illegal search, it is important to consult with an experienced criminal attorney as soon as possible. Your attorney can review the circumstances

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Tampering with Evidence Penalties in Nebraska

On behalf of Tom Petersen posted in Criminal Law on Tuesday, June 29, 2021

If you face tampering with evidence charge, do not take it lightly. It is important that you understand how our judicial system defines this charge, what level of offense it is, and why you should immediately seek legal counsel. What Is Tampering with Evidence Nebraska law mandates a tampering with evidence charge against anyone who tries to impact a criminal case and: Destroys, Mutilates, Conceals, Removes, or Alters physical evidence. Law enforcement must also show that the person had the intent to try to change or make unavailable the evidence in a pending or prospective official proceeding. Police may also

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What Is a Drug Tax Stamp?

On behalf of Tom Petersen posted in Drug Crimes on Thursday, May 6, 2021

Nebraska is one of 17 states that requires drug possessors to pay taxes on their illegal drugs. In essence, the drug tax stamp is a way for prosecutors to increase the number of charges against you. What Is Nebraska’s Drug Tax Stamp? In Nebraska, the drug tax stamp allows the state to tax marijuana and controlled substances. You pay a tax on drugs by purchasing a stamp from the Nebraska Department of Revenue (DOR) and affixing it to the container in which the drug is kept. The drug stamps are evidence that you paid the appropriate tax for the illegal

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