Omaha Criminal Defense Law Blog

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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Do I Have Any Hope Of Avoiding a Conviction If I Failed the Breath Test?

On behalf of Tom Petersen posted in Breath Test in Nebraska on Friday, March 15, 2019

Most people arrested and charged with driving under the influence (DUI) are unfamiliar with the criminal justice system. Instead of being a career criminal, the average DUI defendant is an otherwise law-abiding citizen who had a temporary lapse in judgment. Consequently, most DUI defendants who took and failed the chemical breath test are convinced they will be convicted. A Nebraska DUI defense attorney from Petersen Law Office explains how failing the breath test does not automatically mean you will be convicted of DUI. Don’t Let the Other Side Intimidate You Most DUI investigations end with the officer asking the motorist

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What to Do – and Not Do — During a DUI Stop

On behalf of Tom Petersen posted in DUI on Friday, March 8, 2019

Getting pulled over is never a pleasant experience. Most of the time, however, the worst thing that happens as a result of a traffic stop is having to figure out how to pay a hefty ticket. If that traffic stop turns into an investigation for driving under the influence (DUI) though, the outcome could be significantly more serious. Moreover, if you have never been through a DUI stop before, you will undoubtedly be nervous and unsure of what you should and what you shouldn’t do. In case you find yourself the subject of a DUI investigation, an Omaha DUI lawyer

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Can the Police Randomly Stop Cars and Search for Drugs?

On behalf of Tom Petersen posted in Uncategorized on Friday, March 1, 2019

For even the most law-abiding citizens among us, suffering through a seemingly random traffic stop on the side of the road is not fun. If the law enforcement officer that stopped you also wants to conduct a full-blown search of your vehicle, your initial reaction may be outrage – or fear. From a legal standpoint, however, you may also find yourself wondering if the officer even has the right to randomly stop a motorist and conduct a search for drugs (or other contraband). To help clear answer some of your questions, an I-80 drug stop lawyer explains when a law

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Omaha Criminal Defense Lawyer Explains Voir Dire (Jury Questioning)

On behalf of Tom Petersen posted in Criminal Defense on Friday, February 22, 2019

One of the most important rights you have as an accused in a criminal prosecution is your right to a trial by jury, guaranteed to you in the 6th Amendment to the U.S Constitution. Like all of your rights, your right to a trial by jury is your right to exercise or to waive. If you decide to exercise your right to a trial by jury, part of the jury trial process will include questioning prospective jurors, formally known as “voir dire.” To help you better understand what happens during a jury trial, an Omaha criminal defense lawyer at Petersen

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DUI Lawyer Answers Common Questions

On behalf of Tom Petersen posted in DUI on Friday, February 15, 2019

While there are repeat offenders, the average driving under the influence (DUI) defendant is an otherwise law-abiding citizen who had a lapse in judgment and ended up under arrest. That means that the average DUI defendant also knows very little about the offense for which he/she is charged in particular and about the criminal justice system in general. If you were recently arrested and charged with DUI, that means you may have a number of questions. To help you better understand your situation, a DUI lawyer answers some common questions. Do I need a lawyer? Ultimately, it is your decision

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Meet Tom Nabraska Dui Attorney

On behalf of Ijaz Rafi posted in Uncategorized on Thursday, February 14, 2019

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