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.

Continue Reading What Does It Mean to Exclude Evidence?

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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

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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

Continue Reading Omaha Criminal Defense Lawyer Explains Voir Dire (Jury Questioning)

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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

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If you have no previous experience with the criminal justice system, finding yourself under arrest and accused of committing a crime is a fairly frightening place to be. The most important step you can take when in that position is to make an appointment for a consultation with an experienced criminal defense attorney.  Even that, however, can be an intimidating prospect if you have never before needed the services of a criminal defense lawyer. To help put you at ease, the criminal defense lawyers at Petersen Law Office discuss how to prepare for your consultation with a defense attorney. Preparing

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Over the last two decades, the United States – and much of the rest of the world – has become dependent on computers in all facets of daily life. The internet has become our information highway. The ubiquitous nature of computers has certainly enriched our lives; however, it has also led to a whole new type of criminal. “Computer crimes” is the fastest growing category of crimes in the U.S. Consequently, the laws are changing so fast that even the perpetrators may not know that what they are doing is illegal. An Omaha internet crime attorney at Petersen Law Office

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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.

Continue Reading 5 Things You Need to Tell Your Criminal Lawyer

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As a defendant in a criminal prosecution, you will need to make a number of important decisions over the course of your case. One of the most important of those decisions will come about if the prosecutor offers you a plea agreement. At that point, you will need to decide if you want to consider taking a plea agreement at all and, if so, if the agreement offered to you is acceptable. Of course, you should never accept a plea agreement without consulting with your own defense attorney; however, an Omaha defense attorney offers some guidance for those faced with

Continue Reading Should I Take the Plea Agreement Offered by the State?

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