Omaha Criminal Defense Law Blog

A Sexual Assault Attorney Explains Defenses to Rape

On behalf of Tom Petersen posted in Sexual Assault in Nebraska on Tuesday, August 28, 2018

Being accused of any criminal offense can have immediate negative consequences for the accused despite the fact that the American criminal justice system operates on the premise of “innocent until proven guilty.” Being accused of rape all but ensures those immediate negative consequences. If you are actually convicted of rape, you could also face serious judicially imposed penalties, including a lengthy term of incarceration. For these reasons, it is imperative that you hire an experienced Nebraska criminal defense attorney to defend you if you find yourself the accused in a criminal prosecution for rape. The good news is that there

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Should I Waive My Right to a Trial By Jury?

On behalf of Tom Petersen posted in Criminal Law on Friday, August 24, 2018

If you are currently a defendant in a criminal prosecution, one of the most important decisions you will be asked to make throughout your case is whether to waive your right to a trial by jury. Waiving your right to a jury trial is ultimately a decision that only you can make; however, you should spend sufficient time discussing your options with your defense attorney before making your final decision. In the meantime, an Omaha criminal defense attorney offers some factors you may wish to think about if you are considering waiving your right to a trial by jury. Your

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Am I Entitled to Bail?

On behalf of Tom Petersen posted in Criminal Law on Tuesday, August 14, 2018

For the average person, being arrested and accused of a criminal offense is a traumatic experience, particularly if it is the first time. Understandably, the most immediate an arrestee typically has is getting out of jail. Even first-time defendants usually know that the way out of custody is through payment of bail. Is everyone entitled to bail though? How much is a reasonable amount to have to pay to secure your release and who determines that amount? An Omaha criminal defense attorney answers some important questions about bail in the State of Nebraska. Your Constitutional Right to Bond The payment

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I Didn’t Have Any Drugs on Me. How Can I Be Charged with Possession?

On behalf of Tom Petersen posted in Drug Crimes on Thursday, August 9, 2018

Were you recently arrested and charged with possession of a controlled substance in Nebraska, but you did not have any drugs in your possession? If so, you may (understandably) be wondering how the State can possibly charge you, much less convict you, of possession of a controlled substance. Do not make the mistake of assume that they cannot convict you because the reality is that it is possible to convict you even if you did not have any drugs in your possession at the time of your arrest. A Nebraska drug crime lawyer explains how the State can use the

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How to Handle a DUI Stop

On behalf of Tom Petersen posted in Criminal Law on Wednesday, August 1, 2018

For the average motorist, the sight of flashing lights in the rearview mirror is not a welcome sight. At a bare minimum, those flashing lights will likely put you behind schedule and lead to an expensive traffic ticket. Worst case scenario, those flashing lights will lead to an investigation for driving under the influence (DUI) and your ultimate arrest. Like most people, you probably have the best of intentions and certainly do not plan to drive while under the influence; however, your best intentions may not be enough to prevent you from driving under the influence at some point. What

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Can I Be Arrested for Possessing Paraphernalia in Nebraska?

On behalf of Tom Petersen posted in Drug Crimes on Wednesday, July 25, 2018

The “War on Drugs” has been going now for almost 50 years in the United States. Since it started, both the federal government and most states governments have strengthened many of their drug-related criminal laws as well as increased the penalties for violating those laws. In the last couple of decades, however, a campaign to re-legalize marijuana has also been very active across the U.S. That campaign has resulted in the legalization of medical marijuana in over half of the states as well as legalizing the recreational use of marijuana in a handful of states, to date. If you are

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What Is a Suspended Sentence?

On behalf of Tom Petersen posted in Criminal Law on Wednesday, July 18, 2018

If you were recently arrested for the first time, you are probably dealing with a wide range of heightened emotions that may include denial, fear, anger, and confusion. On top of your heightened emotions, you are now trying to navigate a legal system with which you are unfamiliar. At some point the prosecuting attorney will probably offer you a plea agreement that requires you to plead guilty in return for a lighter, pre-determined sentence. Understanding the terms of that sentence will be crucial to making a well-informed decision about whether or not to accept the plea agreement. You should never

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5 Things You Need to Tell Your Criminal Lawyer

On behalf of Tom Petersen posted in Criminal Defense on Wednesday, July 11, 2018

If you find yourself a defendant in a criminal prosecution, you are undoubtedly worried about how your case will turn out. The best thing you can do to ensure a positive outcome is to retain the services of an experienced criminal defense attorney. If you have never before needed a criminal defense attorney, however, you may unsure how your relationship with your attorney is supposed to work. You may also be hesitant to confide in your attorney. Considering the important role your attorney will play in the outcome of your case, having a good working relationship with him/her is crucial.

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Drug Busts on I-80 Lead to Record Seizures

On behalf of Tom Petersen posted in Uncategorized on Wednesday, July 4, 2018

Anyone who is familiar with the Interstate I-80 corridor through Nebraska knows that it is frequently used to transport drugs. To better understand the problem, as well as law enforcement efforts at combatting the problem, an Omaha I-80 drug stop attorney offers the following brief list of major drug busts from a single county (Lancaster) in Nebraska over the past three and a half years. Lancaster County’s Biggest I-80 Drug Busts January 2014 — A deputy found nearly $1 million in vacuum-sealed bags when they stopped Ryan Perich, 30, of Elk Grove, California. Perich claimed he knew the money was

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5 Reasons to Hire a DUI Defense Lawyer

On behalf of Tom Petersen posted in Breath Test in Nebraska on Wednesday, June 27, 2018

Driving under the influence (DUI) is somewhat unique among criminal offense in that most people arrested and charged with DUI are otherwise law-abiding citizens who had a momentary lapse in judgement, not career criminals who knowingly committed a crime for personal gain. If you find yourself facing a DUI charge, the most important thing you can do for yourself and for your future is to retain the services of an experienced DUI defense lawyer. If you are unsure whether you need an attorney, consider the following five reasons to hire a DUI defense lawyer: To help you navigate the unfamiliar

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