Omaha Criminal Defense Law Blog

Omaha Drug Crime Attorney Explains Search and Seizure Law Basics

On behalf of Tom Petersen posted in Criminal Defense on Friday, August 2, 2019

It is rare for a drug-related arrest and subsequent prosecution to not involve a search and seizure of some type. In some cases, a police officer stops a single individual for any of a wide variety of reasons and ultimately conducts a search of his/her person that turns up a relatively small amount of a controlled substance. Another common scenario involves a traffic stop that leads to the search of a vehicle upon which a controlled substance is uncovered. Conducting a search of your home is yet another possible path to the seizure of drugs that will lead to criminal

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Will I Have to Register As a Sex Offender in Nebraska?

On behalf of Tom Petersen posted in Sex Crimes on Friday, July 26, 2019

If you were recently charged with a sex offense in Nebraska, you are undoubtedly worried about the outcome of your case. Because you have been charged with a sex offense, however, there is a heightened level of concern because of the potential to be required to register as a sex offender if convicted. The requirements are complex, however, an Omaha sex offense defense attorney at Petersen Law Office explains the basic sex offender registry requirements. Why Does the Registry Exist? According to the Nebraska Sex Offender Registry website, “Nebraska State Statute 29-4002 declares that sex offenders present a high risk

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Should I Take the Stand and Testify at My Trial?

On behalf of Tom Petersen posted in Criminal Defense on Friday, July 12, 2019

If you have been arrested and charged with a crime, you have numerous important decisions to make between now and the completion of your case. One of the most important of those decisions is whether to take your case to trial. If you do decide to launch a defense and let a judge or jury decide your fate, you (along with your attorney) will have another huge decision to make – whether to take the stand and testify at that trial. You absolutely cannot make this decision without first consulting with your attorney regarding the unique facts and circumstances of

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Self-Defense in Nebraska

On behalf of Tom Petersen posted in Criminal Law on Friday, July 5, 2019

Were you recently arrested and charged with assault – or with an even more serious crime? If so, and you were only defending yourself, you may be able to claim self-defense as your defense strategy. It is not, however, as simple as just saying “He started it!” As an Omaha criminal defense attorney at Petersen Law Office explains, you must claim self-defense as your official defense and then you must prove that the facts and circumstances justify a claim of self-defense Affirmative Defenses If you plan to claim self-defense, you need to understand the basic premise behind the concept of

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Is Elder Abuse a Crime in Nebraska?

On behalf of Tom Petersen posted in Criminal Law on Friday, June 21, 2019

As the population of older adults continues to increase throughout the United States, the issues that matter to them are beginning to take center stage as well. Sadly, one of those issues is elder abuse. Whether you are a senior yourself or you are the loved one of someone who is a senior, it is imperative that you understand the laws relating to elder abuse. Toward that end, a Nebraska criminal defense attorney at Petersen Criminal Defense Law explains the elder abuse laws in Nebraska. What Is “Elder Abuse?” You likely have a fairly good idea of what is meant

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5 Things to Remember During an Encounter with the Police

On behalf of Tom Petersen posted in Criminal Law on Friday, June 14, 2019

You may very well make it through your entire life without having a serious encounter with the police. If, however, you do find yourself the subject of police questioning, you need to know what you should, and shouldn’t do to protect yourself. With that in mind, a Nebraska criminal defense attorney at Petersen Law Office discusses five things you should remember during an encounter with the police. Innocence is not always relevant. One of the first things many people say when discussing how to handle an encounter with the police is “I haven’t done anything so it shouldn’t matter how

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Answers to 5 Common Criminal Law Questions

On behalf of Tom Petersen posted in Uncategorized on Friday, June 7, 2019

If you were recently arrested and charged with a criminal offense, and this is your first exposure to the criminal justice system, you are probably feeling overwhelmed and worried about the ultimate outcome of your case. Like many first-time defendants, your knowledge of the criminal justice system may be limited to what you have gleaned from watching television. Unfortunately, most shows do not offer an accurate portrayal of the inner workings of the American criminal justice system. If you have specific questions regarding your case, you should consult with an experienced criminal defense attorney. In the meantime, however, a Nebraska

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Can I Still Drive after Being Arrested for DUI in Nebraska?

On behalf of Tom Petersen posted in Administrative License Revocation on Thursday, May 30, 2019

Under the best of circumstances, getting pulled over by a law enforcement officer is a giant headache that can ruin a perfectly good day. If you consumed alcohol prior to getting behind the wheel, however, that annoying traffic stop can quickly become a full-fledged driving under the influence (DUI) investigation. If you do ever find yourself in a jail cell charged with DUI you will undoubtedly have a number of worries and concerns about the implications of your arrest. At the top of that list may be whether you will be able to drive after your arrest. A Nebraska DUI

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What Does It Mean to Exclude Evidence?

On behalf of Tom Petersen posted in Criminal Defense on Tuesday, May 28, 2019

In a criminal prosecution, the State has the burden of proving the defendant’s guilt beyond a reasonable doubt. To do that, the State typically gathers evidence that it then intends to admit at trial to prove the defendant’s guilt. If you are currently a defendant in a criminal prosecution, your attorney may file a “Motion to Suppress” during the pre-trial phase of your case. While every criminal prosecution involves a unique set of facts and circumstances, an Omaha criminal lawyer at Petersen Law Office explains the basic concept behind a Motion to Suppress and how it might impact your case.

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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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