Omaha Criminal Defense Law Blog

Nebraska Trespassing Laws

On behalf of Tom Petersen posted in Criminal Defense on Thursday, July 2, 2020

Nebraska landowners take their property rights seriously. After a harmless prank, you may find yourself facing trespassing charges. Criminal trespass charges might apply any time you’re on someone’s property without permission. If you face trespassing charges, you need an experienced criminal defense attorney. You don’t want these charges on your criminal record. Attorney Thomas Petersen at Petersen Criminal Law can help. Tom has represented thousands of clients who face criminal charges. He uses his extensive knowledge of Nebraska law to try to get your charges reduced or dismissed. Contact Tom for a free consultation, where you can discuss your trespassing

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Is Domestic Violence a Felony or Misdemeanor in Nebraska?

On behalf of Tom Petersen posted in Domestic Violence in Nebraska on Wednesday, May 13, 2020

One of the most commonly charged crimes in Nebraska is domestic violence cases involving a domestic assault. The degree of a domestic assault charge determines whether it is a misdemeanor or felony. Whether the charge is in the first, second, or third-degree depends on factors such as: Whether the victim suffered bodily injury; The severity of the victim’s injuries; and Whether the accused used a dangerous instrument to harm the victim. Domestic assault applies when the victim is the accused’s “intimate partner.” An intimate partner includes: Spouses, Former spouses, People who have a child together, and People who were previously

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Are DUI Checkpoints Legal in Nebraska?

On behalf of Tom Petersen posted in DUI on Tuesday, April 14, 2020

DUI checkpoints are legal in Nebraska. A DUI checkpoint, also called a sobriety checkpoint, occurs when the police block a road and stop cars based on a pattern to check whether any drivers are over the legal intoxication limit. DUI checkpoints are legal because the importance of keeping intoxicated drivers off the road outweighs the inconvenience and intrusion of a motorists privacy. If charged with DUI in Nebraska as the result of a DUI checkpoint, you should talk to a Nebraska criminal defense attorney today. DUI Checkpoint Procedures There are several procedures which law enforcement officials must follow when conducting

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Can You Get DUI on a Bike in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense on Tuesday, April 14, 2020

The State of Nebraska cannot charge you with DUI for riding a bike while intoxicated because DUI does not apply to bicycles. The Nebraska DUI statute applies only to motor vehicles. The statute states that it is unlawful for any person to operate or be in actual physical control of any motor vehicle while under the influence of any alcoholic liquor or drug. Nebraska defines a motor vehicle as any vehicle propelled by any power other than muscular power. The statute defining a motor vehicle specifically excludes bicycles. Although riding a bicycle while intoxicated cannot result in a DUI charge,

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Felony Conviction Consequences: What Are They?

On behalf of Tom Petersen posted in Uncategorized on Thursday, March 26, 2020

If convicted of a felony, serving your probation or prison sentence is not the only consequence. A criminal conviction stays on your record for life and affects your life after you serve your sentence. You may apply for a pardon after generally 10 years and a set aside of the conviction is available in Nebraska. However a set aside does not remove the conviction from your record but may benefit employment prospects. A felony conviction includes the loss of some basic rights of citizenship, employment, and education assistance through student loans. It also changes how society treats you. Convicted felons

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Is Simple Assault a Felony or Misdemeanor in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense on Thursday, March 26, 2020

In Nebraska, simple assault is a form of third-degree assault punishable as a misdemeanor. Generally, simple assault is a threat of violence against another. In Nebraska, simple assault is any assault that doesn’t involve the use of a firearm, knife, cutting instrument, or other dangerous weapon and that does not cause serious or aggravated injury to the victim. Simple assault often occurs between spouses, parents and kids, friends, and siblings. Simple assault also requires some physical act, such as raising a fist towards someone. If charged with simple assault in Nebraska, you should contact an Omaha criminal defense attorney as

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How Does Nebraska Expungement Work?

On behalf of Tom Petersen posted in Criminal Defense on Monday, March 16, 2020

How Long Does a Misdemeanor Stay on your Record in Nebraska? In today’s day and age a criminal record is accessible by just about anyone and the existence of a record can have extremely negative consequences. Decisions relating to employment, housing, visitation with minor children, and even financial aid for college may all hinge on your criminal record, or lack thereof. If you have been convicted of a misdemeanor criminal offense, therefore, you may want to know “How do I get a misdemeanor in Nebraska expunged?” Unfortunately, if the state you live in is Nebraska the answer is that you

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Can You Get a DUI for Driving High in Nebraska?

On behalf of Tom Petersen posted in DUI on Wednesday, March 4, 2020

Nebraska law makes it illegal to operate or be in “actual physical control” of a motor vehicle while under the influence of either alcohol or drugs. You are considered to be “under the influence” if your ability to safely drive is impaired to any “appreciable degree.” So can you get a DUI for weed? The answer is, yes. You can get a marijuana DUI if the state can show that your use of weed impaired your driving. However, both chemical tests and field sobriety tests can be unreliable in determining impairment based on drug use. An experienced DUI attorney can

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What Happens When You Get a DUI Under 21?

On behalf of Tom Petersen posted in DUI on Wednesday, March 4, 2020

It is illegal in Nebraska for anyone under 21 to consume alcohol. Nevertheless, in 2018, the Nebraska Department of Transportation reported that nearly 12% of alcohol-related crashes involved underage drivers. Getting a DUI under 21 can have serious legal consequences. If you are charged with DUI in Nebraska, it is important to have an experienced DUI defense attorney. Note that minor DUI charges can potentially be eliminated or reduced with the help of a DUI attorney. To help you understand the consequence you may be facing and how to avoid them, let’s talk more about what happens when you get

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What Is a Probation Violation in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense on Monday, February 24, 2020

Nebraska Probation Rules Overview If you enter a plea or are convicted of a crime in Nebraska, the next step is sentencing. A Judge may sentence a person to a term of probation instead of jail. If you were ordered to complete a term of probation in Nebraska, you must abide by all Nebraska probation rules and special conditions of your probation. Failing to do so could lead to a Nebraska probation violation, which can have serious consequences, including extension of probation, additional terms of probation or jail. When most people are sentenced to probation, there are very specific terms

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