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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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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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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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

Continue Reading 5 Reasons You Should Never Be Your Own Defense Lawyer

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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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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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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Omaha marijuana defense attorney Tom Petersen explains that the Nebraska Supreme Court recently upheld a lower court’s ruling that allowed the warrantless search of a vehicle which ultimately resulted in the discovery and seizure of methamphetamine. At issue was whether the legalization of marijuana in nearby Colorado should change the standards for conducting such a search in Nebraska. State v. Seckinger  involved a 2017 traffic stop in Gering, Nebraska which was initiated by a Nebraska State Trooper after the trooper watched a vehicle accelerate into an intersection in front of her and nearly cause an accident. When the trooper approached

Continue Reading High Court Says Legalization of Marijuana in Colorado Does Not Change Standards in Nebraska