Omaha Criminal Defense Law Blog

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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Top 3 DUI Defenses

On behalf of Tom Petersen posted in DUI Defense on Friday, April 5, 2019

Unlike many other criminal offenses, the crime of driving under the influence (DUI) is frequently perpetrated by an otherwise law-abiding citizen. Although we all know by now that drunk driving is both illegal and dangerous, it is easy to suffer a lapse in judgment (particularly after consuming a cocktail or two) and wind up arrested and charged with DUI. If you find yourself charged with DUI, you are probably worried about the outcome of your case and how it might impact your future. The good news is that a conviction is not a foregone conclusion. On the contrary, a Nebraska

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Can I Use Deadly Force to Defend Myself in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense on Friday, March 29, 2019

As the debate over gun control continues to rage in the United States, citizens who own guns struggle to keep up with the changing political landscape, and changing laws. The questions are endless. Who can purchase firearms? What type can be purchased? Can I carry a concealed firearm? For many people, the most important questions are those related to the use of deadly force. An Omaha criminal lawyer explains when you can use deadly force to protect yourself in Nebraska. Nebraska’s Self Defense Statute Because of the way in which our country is structured, each individual state governs the use

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What You Need to Know before Entering Into a Guilty Plea Agreement

On behalf of Tom Petersen posted in Criminal Law on Friday, March 22, 2019

If you are currently the defendant in a criminal prosecution it is highly likely that the prosecuting attorney will offer you a plea agreement at some point during your case. You should always discuss the details of a plea agreement offered to you with your attorney before deciding to accept the offer. In general though, an Omaha criminal defense attorney at Petersen Law Office explains what you need to know before entering into a guilty plea agreement. The Criminal Prosecution Process After your arrest, you will usually have a bond amount set that allows you to be released while your

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