Of all the legal terms and phrases that have made their way into everyday vernacular, “Miranda” is undoubtedly one of the most well-known. Even the most law-abiding citizens have some idea what your “Miranda rights” refer to given how often the term is used in the news and on television shows. Despite how familiar the term is, however, there are some important misconceptions relating to what rights are included in your Miranda rights, when those rights apply, and what happens if you are not informed of those rights by a law enforcement officer. The Omaha criminal defense attorneys at Petersen
Not all criminal cases have a victim; however, in those that do, the alleged victim plays a critical role in the case. Whether the individual was allegedly the victim of a robbery, a domestic assault or any other type of crime, the importance of the victim’s cooperation is essentially the same. So what happens if the victim recants? The Omaha criminal attorneys at Petersen Law Office explain what typically happens when a victim recants or refuses to cooperate. The Importance of a Victim There are several different ways in which criminal offenses can be categorized. One way is to divide
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By now, most motorists are aware that drinking and driving is both dangerous and illegal. Most people are also at least vaguely familiar with the concept of chemical testing that typically occurs after a motorist has been arrested for driving under the influence (DUI). What happens though, if you refuse to submit to a chemical test? Nebraska, like most states, has an “implied consent” law that governs the answer to that question. An Omaha DUI defense lawyer from Petersen Law Office explains Nebraska’s implied consent law and how it might affect you if you are ever arrested for DUI. DUI
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In just two short decades, social media has blossomed to the point where it is an integral part of most people’s everyday life. The familiarity, however, can be deceiving. This is particularly true if you are a suspect or defendant in a criminal prosecution. In today’s day and age, law enforcement is also trolling social media, looking for evidence of criminal activity – and you might be surprised how many people manage to hand over evidence of their own crimes to the police by posting incriminating photos and/or statements on social media. Law Enforcement and Social Media According to a
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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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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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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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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Few things are more frightening than feeling as though someone is following you or intentionally trying to scare you. We commonly use the term “stalking” to describe this type of behavior; however, the law historically had a difficult time deciding what behavior to make illegal and how to define actions we attribute to “stalking.” Whether you believe you are a victim of stalking, or someone has accused you of stalking, a Nebraska criminal defense attorney helps you understand the state’s stalking laws. How Does the Law Define Stalking? Nebraska Revised Statute Section 28-311.03 governs the criminal offense of stalking, defining
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Were you recently arrested and charged with a criminal offense? If so, and this is the first time you have been charged with committing a crime, you are undoubtedly worried about the outcome of your case. You are also likely confused and a bit intimidated as you try to navigate the criminal justice system for the first time. The most important step you can take toward protecting your rights and reaching a positive outcome in your case is to retain the services of an experienced criminal defense attorney. Having never consulted an Omaha criminal defense lawyer before though, you may
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