Omaha Criminal Defense Law Blog

How to Beat a Nebraska DUI Charge When You Are Underage

On behalf of Tom Petersen posted in DUI, DUI Defense on Monday, December 13, 2021

In 2018, the Nebraska Department of Transportation reported that 32.8% of Nebraska’s fatal crashes involved alcohol. Despite the legal drinking age of 21 in Nebraska, drivers between the ages of 15 and 20 make up 11.8% of alcohol-related crashes. In an attempt to lower this number, Nebraska imposes serious penalties for underage DUI. If you or a loved one are facing underage DUI charges in Nebraska, contact an experienced DUI attorney today. What Is Underage DUI in Nebraska? Underage DUI means exactly what it sounds like. It involves a driver under the age of 21 driving under the influence of

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Terroristic Threat Crimes Overview

On behalf of Tom Petersen posted in Criminal Law on Monday, December 13, 2021

A terroristic threat conviction can upend your life. In fact, terroristic threatening is a felony under state law (Nebraska Statute 28-311.01) and a misdemeanor under federal law. Penalties vary widely depending on the circumstances and the court’s assessment of your intentions. The assistance of a seasoned criminal defense attorney is a necessity when you are faced with a terroristic threat charge. What Constitutes a Terroristic Threat? What are terroristic threats? Following are a few examples: A threat of violence against an individual; A threat of violence against a group (calling in a bomb threat to a high school, for example);

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What Are Common Types of Computer Crimes in Nebraska?

On behalf of Tom Petersen posted in Criminal Law on Monday, December 13, 2021

The term “computer crimes” encompasses a wide variety of offenses. The nature of these crimes does not vary much regardless of whether you live in Nebraska or a different state. Although federal authorities prosecute most computer crimes, the Nebraska Computer Crimes Act is one of the state computer crimes laws that grant Nebraska broad authority to prosecute computer crimes. Definition of Computer Crimes A computer crime is an offense using computer technology. The crime might involve theft, vandalism, child pornography, harassment, or other illegal activity. The only thread that binds these disparate offenses together is their use of computer technology.

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Understanding What Mail Fraud Is

On behalf of Tom Petersen posted in Federal Crimes on Monday, December 13, 2021

Mail fraud is a federal felony in the arena of white-collar crimes. In 2020, Nebraska residents reported 9,072 instances of fraud totaling $13.3 million in losses to the Federal Trade Commission (FTC). Overall, U.S. consumers reported losing more than $3.3 billion to fraud during 2020. The FTC reported these common types of mail fraud in Nebraska: Imposter scams (e.g., impersonating a relative, such as a grandchild); Prizes, sweepstakes, and lotteries; Internet services; Health care; Privacy, data security, and cyber threat; Telephone and mobile services; Business and job opportunities; Travel, vacations, and timeshare plans; and Foreign money offers and fake check

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Is Strangulation a Felony in Nebraska?

On behalf of Tom Petersen posted in Felony Offenses in Nebraska on Monday, December 13, 2021

If you face a strangulation charge, you should consider an experienced criminal defense attorney to defend you. Strangulation is a serious felony charge in Nebraska. It carries a harsher penalty than other kinds of domestic assault, which are misdemeanor crimes. Strangulation causing serious bodily injury is in the same class of crimes as manslaughter and assault in the second degree. In addition, strangling an intimate partner is a federal felony. Because a strangulation charge can seriously threaten your liberties, you should contact an attorney as soon as possible. What Is Strangulation? It only takes 11 pounds of pressure placed on

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What Are the Penalties for Carrying a Firearm While Intoxicated in Nebraska?

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

When it comes to possession of a firearm while intoxicated, Nebraska has some of the most liberal firearm laws in the United States. Nebraska will not punish you harshly for the mere act of being drunk while possessing a firearm. In fact, depending on the circumstances it might not punish you at all. Penalties for Possession of a Firearm While Intoxicated Possession of a firearm while intoxicated is not a crime under Nebraska state law unless you conceal your weapon. If you conceal a firearm while intoxicated, one of two possible penalties may apply: If you have a permit to

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How Long Can Police Detain You in Nebraska?

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

Have you been illegally detained by the police? Maybe you’re not even sure how long you can be detained. Nebraska must treat criminal suspects in accordance with the rights granted by the US Constitution. Although Nebraska law can limit detention to a time period that is shorter than the period allowed under the Constitution, it cannot extend the time period beyond constitutional limits. How Long Can the Police Detain You After a Traffic Stop? To make a traffic stop, the Nebraska police must have a “reasonable suspicion” that you have committed a crime (with the exception of DUI roadblocks). Without

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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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