Being arrested and charged with a criminal offense is typically a frightening experience, particularly if you have never been in trouble with the law before. If you are convinced you did not break the law, your first thought may be “How do I get my charges dropped?” Contrary to what be often see portrayed in movies and television shows, however, getting your charges dropped is not nearly as simple as it is often portrayed. At better understanding of how the criminal justice system really works may help illustrate this point.
When you are arrested the arresting officer has to write up a report that should include the facts and circumstances that led up to your arrest. Although the officer may tell you what charges you are being arrested on, those are only preliminary charges. A police officer does not actually have the authority to decide what charges will be filed against you. That authority lies with the prosecuting attorney. After the police report is filed, a deputy prosecuting attorney will typically review the report and decide what offenses, if any, it appears the defendant committed. Only then will official charges be filed against you. Therefore, the first opportunity you have to get your charges dropped will be before official charges are even filed. You, however, will have no influence on what charges are filed or dropped at this point.
Your next stop will be at your arraignment, or initial hearing. Here, the prosecuting attorney must convince the judge that probably cause existed or your arrest. If the prosecutor fails, your attorney will likely move to dismiss the charges against you. If, however you make it past that point, it becomes clear that you will be prosecuted.
At that point, there are typically only two routes to having charges dismissed. One is pursuant to a plea agreement. Often, if a defendant agrees to plead guilty to one or more charges the prosecuting attorney will agree to dismiss other charges. The only other way to get charges actually dismissed is for the prosecuting attorney to become convinced that there is not enough evidence to convict you on the charges. This is why having an experienced Nebraska criminal defense attorney on your side is so important. Going to trial and being acquitted is certainly a victory; however, getting your charges dismissed without the need to go to trial is an even better victory!
If you have been charged with a criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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EXPERIENCED
When you’re accused of a crime, you still have rights. Unfortunately, many prosecutors will attempt to bypass these rights in order to get a conviction or a guilty plea. Do not let this happen to you. I’ve successfully defended countless Nebraska criminal cases - and I'm ready to go to work for you, too.
STRATEGIC
Effective planning and strategy play a crucial role in addressing criminal charges. I approach every case with the seriousness it deserves, understanding its importance to my clients. At Petersen Criminal Law, we adopt this mindset consistently. My goal is to create and execute a strategy that offers the best possible solutions and outcomes for my clients.
DETERMINED
I approach challenges with determination, always exploring solutions from multiple perspectives. When you entrust me with your case, you secure a dedicated ally who remains committed till the very end. My primary goal revolves around attaining optimal outcomes for my clients, and my proven track record speaks to that. In the realm of criminal defense, no case is trivial. Feel free to reach out, and let's commence this journey today.
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Our case results
Dismissed
Petersen filed a motion to suppress alleging that the stop and search were illegal.
Probation
Breath test excluded for failure to follow proper procedure. The Court agreed and ruled the breath test inadmissible at trial.
Not Guilty
Jury Trial: Client was charged with use of a firearm in commission of a felony.