Omaha Criminal Defense Law Blog

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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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 to Do When You Get a DUI in Nebraska

On behalf of Tom Petersen posted in Aggravated DUI, DUI, DUI Conviction, DUI Criminal Process, DUI Defense, DUI Penalties, Non-Aggravated DUI on Monday, January 27, 2020

Many people find it difficult to tell when they’ve had too many drinks to drive. If you drive under the influence in Nebraska, you could receive a DUI. If you’ve been pulled over and received a DUI in Nebraska, you may worry about the consequences. Maybe you’re thinking, “I got a DUI–now what?” Will it impact your ability to drive or find a job? These are valid concerns. To protect your future, you should call a criminal defense lawyer as soon as you get a DUI. If you’re ready to talk to an attorney, Petersen Criminal Defense Law offers experienced

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How Do I Fight a Search Warrant? Advice from a Criminal Defense Attorney

On behalf of Tom Petersen posted in Criminal Defense on Monday, January 27, 2020

Since police officers are intimidating figures, many people comply with whatever officers demand. These people allow police to search their person or their homes without objection, even if the police don’t have a valid search warrant. However, you should never give police explicit permission to search you or your property. You have a constitutionally protected right against unreasonable searches and seizures. It’s critical for any criminal suspect to understand what can make a search warrant invalid and to fight an illegal search or seizure. So how do you fight a search warrant? I help clients fight search warrants to protect

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Is Medical Marijuana Legal in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense, Drug Crimes on Monday, January 20, 2020

What You Should Know About Medical Marijuana in Nebraska Marijuana is illegal in 16 states, including Nebraska. Recent attempts to legalize medical marijuana have left many wondering, is medical marijuana legal in Nebraska? Medical marijuana is still illegal in Nebraska. However, several initiatives to change the law are in the works. If successful, these changes could allow patients to use marijuana for medicinal purposes. Current Status of Medical Marijuana in Nebraska The first possible source of change to Nebraska medical marijuana laws is legislative bill 110 (LB110). The bill would allow patients suffering from certain conditions to use marijuana for

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Can You Mail Edibles to Nebraska?

On behalf of Tom Petersen posted in Criminal Defense, Drug Crimes on Wednesday, January 15, 2020

You should never mail a controlled substance, and that includes sending edibles to Nebraska or across any state lines. The USPS and all private mail services, no matter where you are from or where you are shipping to, are federally controlled and regulated entities. Any crime committed through the mail becomes a federal crime rather than a state crime. Federal mail crimes are laid out in US Code 1716. If you ship weed from Colorado and get caught, you could be prosecuted by the United States Government. You could also receive state charges depending on the amount of controlled substances

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Understanding a No Contact Order

On behalf of Tom Petersen posted in Criminal Law on Saturday, December 21, 2019

What is a No Contact Order in Nebraska? For the average person, being arrested and charged with a crime for the first time is a fairly frightening event. Along with worrying about the ultimate outcome of your case, you must also try to navigate the criminal justice system, something that can be extremely challenging for the uninitiated. Hiring an experienced Nebraska criminal defense attorney to represent you and protect your rights is the most important step you can take and should be your initial focus. Learning some of the most important dos and don’ts of being a defendant is also

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Driving Out of Colorado with Edibles to Nebraska: Is it Legal?

On behalf of Tom Petersen posted in Criminal Defense, Drug Crimes on Friday, November 15, 2019

Even though marijuana is legal across the state of Colorado, it is still considered an illegal substance in the state of Nebraska. Because marijuana is illegal in Nebraska, it’s best to leave your edibles in Colorado if you are traveling to Nebraska. Recently, Nebraska passed legislation to decriminalize some amounts of marijuana. However, Nebraska recognizes edibles as a THC concentrate because the edibles are made from hash oil and are not from the marijuana flower. Because Nebraska sees edibles as hash oil, the penalties for driving out of Colorado with edibles tend to be higher. If you were arrested for

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