Omaha Criminal Defense Law Blog

Sentencing Enhancements

On behalf of Tom Petersen posted in Federal Crimes on Friday, February 14, 2014

Just a few decades ago the sentence imposed for a criminal conviction could differ wildly from one defendant to the next. In an effort to standardize sentencing, many court systems have created sentencing guidelines or matrixes. Judges are usually required to use the guidelines as a starting point but may deviate up or down with good reason. Often, however, a defendant may qualify for a sentence enhancement which will increase the sentence imposed even more. A sentence enhancer is a specific fact or circumstance that exists in your case which allows the sentencing judge to increase your sentence. These are

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Nebraska Domestic Assault Charges

On behalf of Tom Petersen posted in Violent Crimes on Monday, January 27, 2014

Domestic violence gained widespread attention beginning in the 1990’s and legislatures quickly took action to attempt to distinguish generic assault charges from emotionally driven assault between people in a romantic relationship. Domestic abuse can often be a cycle of violence that is characterized by abuse, the abuser showing remorse and asking for forgiveness and then continued violence. People in violent relationship often feel trapped due to financial entanglement or children with the abuser. Penalties are greatly enhanced for domestic violence as compared to assault. Domestic violence is a widely defined term that applies to individuals in a romantic relationship such

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Dealing with a DUI Charge: First Steps

On behalf of Tom Petersen posted in Criminal Defense on Monday, January 13, 2014

Facing a DUI charge can be stressful due to the heavy penalties handed down by the courts. Although it is normal for a person to be concerned about the consequences a DUI conviction could have for their personal and professional reputation, it is important to know that there is hope for minimizing the penalties. Here are the first steps to take immediately after being charged with a DUI. Avoid Self-Incrimination In the majority of states, there are consequences for refusing to participate in blood alcohol testing; however, there are several other ways to avoid self-incrimination. During the investigation, it is

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Dealing with a DUI Charge: What Next?

On behalf of Tom Petersen posted in Criminal Defense on Friday, December 13, 2013

In an effort to curtail traffic accidents, almost every state has enacted strict laws penalizing those who are convicted of driving under the influence. According to the Governors’ Highway Safety Association, every state has made it illegal to drive with a blood alcohol concentration of 0.08 percent or more. However, the potential penalties can vary according to the circumstances of the case as well as a person’s prior criminal history. If you are dealing with DUI charges, then here is what you need to know about what to do next. Understand the Possible Penalties In every state, DUI charges are

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Understanding Your Rights with Violent Crime Charges

On behalf of Tom Petersen posted in Violent Crimes on Saturday, December 7, 2013

Facing violent crime charges can be a frightening experience. According to the FBI, a violent crime is any type of illegal activity that involves the use of force or the threat of violence against another person, such as aggravated assault or robbery. While these charges carry heavy penalties that may include life prison sentences, it is important for anyone who is charged with an act of violence to understand they still have rights granted by the U.S. Constitution. If you are facing violent crime charges, then here is everything you need to know about the rights that should be upheld

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Understanding Lewd Conduct: What Should You Do if You Get Charged

On behalf of Tom Petersen posted in Sex Crimes on Tuesday, October 22, 2013

The laws regarding on what constitutes as lewd conduct and how it is prosecuted may vary according to local jurisdiction; however, lewd conduct is generally classified as any act done by a person in a public area with the intention of inciting sexual arousal either with themselves or another individual. This broad definition includes indecent exposure, prostitution or the distribution of pornography. Due to the serious ramifications of a lewd conduct charge, it is important to begin taking action immediately to ensure your case is handled in a way that protects your reputation while minimizing penalties. Know Your Rights Although

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Laws Regarding Prescription Drugs

On behalf of Tom Petersen posted in Drug Crimes on Tuesday, October 22, 2013

Prescription drugs are beneficial to many people who rely on them to treat minor and serious illnesses. Although these drugs are helpful in most instances, there are several types that are commonly abused. To prevent serious health effects caused by the misuse or abuse of drugs, prescription medications are regulated by a combination of state and federal laws. Here are the main types of laws that are designed to regulate how certain medications are prescribed and dispensed to the public. Physical Exam Laws In most states, there are laws that require a physician to perform a physical exam on their

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Laws Regarding Federal Crimes

On behalf of Tom Petersen posted in Federal Crimes on Tuesday, October 22, 2013

Crimes in the United States are classified as either federal or state offenses. While the majority of crimes committed falls into the state category, there are a number of federal crimes committed every year. When a crime is classified as a federal offense, it can carry far greater consequences than if it was tried in state courts. Here is an overview of laws regarding federal crimes crime and how they are classified and prosecuted in the courts. What Constitutes a Federal Crime Although state and federal laws can sometimes overlap, a crime is considered a federal offense if it violates

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