Defining DUI Penalties

After a criminal charge, it is perfectly normal to have several questions going through your head. You want to know it all: your rights, your options, and the potential consequences. However, many people are too afraid to ask questions. As a criminal defense attorney at Greg Nelson Attorney at Law , I understand the stress and confusion you may be experiencing after being arrested or being accused of a crime. No matter what charges you face, you deserve to get answers to your questions to figure out the right path for your defense. You can reach out to my office in Omaha, Nebraska, to get experienced guidance you can trust. I serve people accused of crimes throughout the state of Nebraska, including Washington, Sarpy, Dodge, and Saunders counties. Frequently Asked Questions About Criminal Defense When facing criminal charges, it is imperative that you understand the various aspects of your case. Below, you can find answers to some of the most frequently asked questions about criminal defense. However, if you did not find your question, you can schedule a confidential, one-on-one consultation with me. “Do I have to talk to the police after the arrest?” No. There are no federal or state laws that would require you – or any other person arrested for a crime – to speak to the police. The only exception is if you are asked by the police to identify yourself. In fact, talking to the police and saying self-incriminating things could end up hurting your case in the long run. “What is the difference between a felony and a misdemeanor?” Generally speaking, misdemeanors are less serious criminal offenses than felonies. In Nebraska, any crime that carries a punishment of more than a year in prison is considered a felony. The state divides felonies into levels and classes based on their severity. “Do I still need a lawyer if I’m innocent?” Unfortunately, it is not uncommon for innocent people to be accused of crimes. Moreover, innocent people may even end up getting a conviction simply because their arguments were not convincing enough in court to prove their innocence. With a lawyer on your side, you can significantly increase your chance of proving your innocence to ensure that you are not falsely convicted of a crime you did not commit. “The police did not read me my rights. Will I still be arrested?” Contrary to popular belief, the police are not required to read Miranda rights whenever someone gets arrested. Instead, the law requires law enforcement to read Miranda rights when a person is in custody and they are about to interrogate the person to use their statements as evidence in the criminal case. “What happens if I’m charged with a crime in Nebraska but live in another state?” When you are charged with a crime and arrested in one state but live in another, you might still be prosecuted in the state where the arrest has taken place. When this happens, the laws of the state where you were arrested will apply, not the laws of your home state. In fact, you can even face criminal charges in one state for doing something that is legal in your home state. It makes sense to find a local criminal defense attorney familiar with the laws and procedures of the state where your arrest occurred. “How long do criminal cases typically last?” A wide range of factors come into play when trying to estimate the timeline of your criminal case. How long the criminal case will take depends on the jurisdiction where you face criminal charges, the complexity of your case, and many other factors. An experienced attorney may be able to estimate how long the criminal case will last after evaluating the unique facts of your case. “Is it possible to clear a criminal charge from my record?” In some cases, people may be eligible to have their criminal record sealed or expunged. However, there are many requirements that must be met to clear a criminal charge from your record. These requirements vary from one state to another, which is why you may need to consult with a criminal defense attorney in your state to determine your eligibility for expunging or sealing your record. “Do I really need a criminal defense lawyer?” When your freedom and future are on the line, you do not want to take chances. Hiring a criminal defense lawyer could be the most important decision you make after your arrest. A lawyer will be by your side to help you navigate through the criminal justice process and fight to achieve the most favorable outcome possible. Facing Charges? Secure Your Best Defense. At Greg Nelson Attorney at Law, I understand what you are going through when facing criminal charges. It is vital to determine what happens next and what you should do to protect your rights and avoid harsh penalties. Everyone’s situation is unique, which is why you need to schedule a confidential consultation to get your questions answered. Reach out to my office in Omaha, Nebraska, and we can discuss your options.

Every case is different and your results will depend on countless factors too many to list here. However, you should feel confident the attorney you hire is ready, willing and able to get you the best result possible. The primary goal of any qualified lawyers in Omaha NE is to get your charges dismissed when possible. This can be done by convincing a judge, jury or prosecutor of your innocence, suppressing evidence against you that was wrongfully obtained by law enforcement or securing your entry into a program that can lead to a dismissal of your charges. When this is not possible, the second goal is to seek a reduction in charges that carry less of a possible penalty. Finally, if you are convicted, the goal is to get you the best possible sentence. To accomplish these goals, you need an attorney that focuses on criminal cases, understands the issues and any possible defenses that exist in these types of cases and someone who fully comprehends the issues specific to your particular case. The philosophy of this office is to meet with you in person at the outset of your case. This meeting is important because it allows the attorney to learn about who you are and how your case can impact your life, career and family. It is also important to get your version of what led to your arrest or citation. You will be provided with a copy of police reports, in some cases at the initial consultation, but most likely at some point thereafter. As the attorney was not present when the incident happened, it is vital that the client review the police reports and allegations and convey to the attorney any possible information that might be relevant to the defense of your case. Only after a thorough review of the police reports and a meaningful conversation with the client can qualified lawyers in Omaha NE grasp how to defend your case. Also during the initial consultation, you will be advised of the potential penalty for your charge(s). However, keep in mind your charges will not be known for certain until your first court appearance because the ultimate decision on what crime to charge you with is up to the prosecutor and not the police officer. The potential penalties will depend on the nature of the charge and the jurisdiction where the alleged crime was committed. If you are charged with a misdemeanor offense in Douglas County, you may be charged with a violation of the Omaha Municipal Code. Please click here to search for the elements of and possible penalty for your offense. If no specific penalty is listed for your offense, your charge will like fall under the general penalty provision which allows for the Court to impose up to 6 months in jail and/or a $500 fine per violation. Most other crimes, including misdemeanors occurring outside of Omaha and most felonies, will be charged under a state statute. Please click here to search for your offense and to learn the elements of and class of crime for each offense. Once you know the classification of your crime, you can click on the following links for felony offenses or misdemeanor offenses to learn of the possible penalty. Another critically important part of the initial consultation for our lawyers in Omaha NE is to discuss what steps you can take to put yourself in the best position possible to receive a favorable sentence. Your case may take many months before it is resolved. Your actions between your arrest and eventual sentencing will go a long way in determining your fate. It is vital that your and your Lawyers in Omaha NE discuss any and all steps you can proactively take to address any concerns the prosecutor and/or judge might have about your case. For example, if drugs and/or alcohol contributed to your arrest or citation, it may be imperative that you seek a chemical dependency evaluation to determine the extent of any potential problem you might have and that you be prepared to follow any recommendations made in your evaluation. The same can be said for any mental health problem, gambling addiction or anger management issue that contributed to your situation. Another potential proactive step you can take is to ascertain and pay any restitution owed to the alleged victim of your offense. To minimize the damage and to ensure yourself the best result possible, contact an attorney who has experience handling criminal cases and who can point you in the right direction. Criminal Defense Overview Outstanding Warrants Investigation Defending Your Case Post-Conviction Relief

Everyone enjoys a witty and charismatic personality, which is why it’s no surprise the characters that fit this bill are usually lawyers. Here are a few fictional lawyers worth noting. Atticus Finch Regardless if you prefer the book or the film ‘To Kill a Mockingbird’, this character’s determination and belief in fairness has been the inspiration for many to enter law school. Ally McBeal Although this character was unlucky in love and not considered conventionally cool, she was great in the courtroom and earned an abundance of female fans in the nineties. Elle Woods This character originally starts her journey to law school with the intent of winning her man back, but instead finds confidence in herself through the challenges in her new path with law. Matt Murdock Lawyer by day, vigilante called Daredevil by night, this superhero fights to keep his beloved city free from criminals in both aspects of his life. If you are in need of a lawyer with their characteristics, Greg Nelson is the man for you. As a former prosecutor now working as a criminal defense attorney serving the Omaha Metro area and nearby counties, the office of Greg Nelson has a long and successful record of defending individuals charged with felony and misdemeanor criminal offenses. We understand the tremendous impact a criminal prosecution can have on the lives of individuals and their families and we take pride in aggressively and compassionately defending our clients at a fair and competitive cost. Contact us anytime for a consultation.

In an ideal world, every case would be handled correctly, and the results would speak for themselves, making an appeal unnecessary. However, that’s not always the case. Sometimes there’s a question of whether an aspect of a trial was handled correctly, and if so, it may be good to appeal your case, particularly if it yielded an unfavorable result. It’s not always easy knowing when or how to appeal, though, and so the offices of Greg Nelson are here to help. Here are some of the most significant reasons to submit an appeal. New Evidence One of the most obvious reasons to petition for an appeal is the emergence of new evidence that could exonerate you. It’s important to understand, though, that in this case the new evidence isn’t factored into previous proceedings. You would essential have another trial that would include the new evidence. Misconduct Another reason for an appeal is the possibility that acts of misconduct affected the process. This can come in many forms, such as someone mishandling evidence, a juror failing to follow instructions, or the police breaking a rule or procedure while gathering evidence. Unfair Sentencing While any unfavorable result is disappointing, it could well be that a sentence is unfair or unreasonably harsh. If you feel that this is the case, it may be possible to make an appeal on the case after sentencing, which allows for modifying the sentence. Court Error The nature of the legal systems is such that mistakes happen. While it’s designed to be as fair, and concrete as possible, law is a complex thing, and must be to cover the wide range of situations that it encounters. Sometimes the court makes mistakes, which can present an opportunity for an appeal. We at the offices of Greg Nelson know how intimidating the legal process can be, and we want to make it as simple and painless as possible. If you notice any of the above during a case that yields unfavorable results, remember that you may have strong grounds for an appeal petition! We can help you in every step of the process. Contact us today to learn more, or to receive a consultation.

Some TV crime dramas have given people the idea that you have committed a crime, or are suspected of having committed one, the police will come knocking on your door post haste with a warrant and your Miranda Rights on the tip of their tongue. The reality is that it’s not unusual for people to spend a long time completely oblivious that there is a warrant for their arrest. The trouble is, while the police may not show up at your house or place of employment to arrest you, if you have an outstanding warrant then you’re still in trouble. To help people avoid being taken by surprise, here are some tips from us at the offices of Greg Nelson on how to handle an outstanding warrant for your arrest. Be Aware of Your History It might seem like it would be obvious when you have committed a crime, or when a warrant would be issued, but it’s not always straightforward. A common situation is people missing court dates for minor offenses that might not have required a warrant, like a traffic citation. It’s that kind of thing people just overlook but doing so is enough to have a warrant issue. So be mindful of things like court summons. Don’t Ignore It If you are reasonably sure a warrant exists for your arrest, but it seems like the police haven’t acted on it to arrest you, that is not a good reason to ignore it. That can only make matters worse. In those instances, address the warrant as soon as possible, ideally by contact a lawyer before going to the police. Anticipate Legal Costs The first thing you should do if you know you have a warrant is secure legal counsel. Right after that, anticipate other potential costs associated with handling the arrest and possible court time, such as bail. Greg Nelson understands how confusing, upsetting, and even frightening it can be to learn you have a warrant out for your arrest. But we also know exactly how to handle it. We can help you in every step of the process, from discovery, to arrest, to court appearances and more. Contact us today to learn more, or to receive a consultation.

When it comes to self-control and prohibitions, alcohol is one of peoples’ greatest weaknesses, particularly when it comes to drinking and driving. People find all sorts of ways to convince themselves that they’ll be fine driving after a just a couple of beers. Many countries have strict laws regarding driving under the influence, and ours is no difference. We work with DUI cases often at the offices of Greg Nelson and so we decided to take the opportunity to dispel some common myths and misconceptions about DUIs. Myth: You Can only Get a DUI if Caught Behind the Wheel This one gets people in trouble more often than you would expect. The truth is that if a police officer believes that you are behaving drunkenly and knows that you have recently operated a motor vehicle, you can be charged with DUI exactly as if you were caught red-handed. Myth: You Can’t Be Charged with A BAC Below .08 Some people believe that having the right blood alcohol level is all it takes to enjoy drinking and then drive without physical or legal repercussion. This isn’t quite the case. While your performance is less likely to be affected, in some states having a BAC anywhere between .06 and .08 is enough to be charged with driving while impaired. Myth: You Are Required to Take Field Sobriety Tests It is within your rights to refuse to participate in field sobriety tests. You don’t have to give a reason, though it is something people sometimes choose to do because the tests aren’t always accurate. It’s important to understand that if you don’t participate, you will probably be arrested. This doesn’t mean you have committed a crime, and if you actually have had a drink recently, it can be helpful time to sober up. But you don’t have to do anything without legal counsel present. If it does come down to needing legal counsel, we at the offices of Greg Nelson are ready to help! We have worked on countless DUI cases, and will defend you with every resource we have so that you can keep your driver’s license and a spotless record. Contact us today to learn more, or to receive a consultation.

In Nebraska, it is state law that two pieces of evidence need to be presented and proven before a judge in order for a DUI case to have any weight: that the defendant was in actual physical control of a motor vehicle and that the defendant’s ability to operate a motor vehicle was impaired by reason of alcoholic liquor or drugs. The offices of Greg Nelson are dedicated to defending our clients by using evidence to lay the burden of proof on the State. Here is additional information you should know if you find yourself facing a DUI case. Suspected of DUI DUI cases can be formed on more than just a field sobriety test. A conviction for a violation can also be presented of a law enforcement officer’s observations of a defendant’s intoxicated behavior. There have been cases where the observations of a law enforcement officer of defendant’s driving are incorrect despite never doing a sobriety test or testing for any drugs or alcohol in the defendant’s system. Asleep but Drunk According to State v. Baker in 1986, evidence was sufficient to find the defendant guilty when he was found parked on the roadway asleep at the wheel and appeared intoxicated when awoken. Even if you are off the road and waiting for alcohol to process through your system, it is vital that you appear in no way in control of a motor vehicle. False Positives You can still be charged with a DUI if you appear to be under the influence even if you are not quite at the legal limit when taking a chemical analysis test of blood, breath, or urine. This brings up the issue of false positives, which happen occasionally. Medications such as those for acid reflux can flag a false positive, as can your diet (if you are on a low-carb diet or fasting). Margin of Error A breathalyzer test that gives a reading with a margin of error must be adjusted to give the defendant the benefit of the doubt. However, if your record has shown previous DUI offences in the past, that margin of error can be ignored. If you’ve been convicted of a DUI in Omaha, consider the offices of Greg Nelson to take up your case. We will defend you and consider all possible avenues to help you keep your driver’s license and a spotless record. Contact us today.

The legal system in the US is a complicated set of laws and regulations, and even cases which could be considered ‘mundane’ can hold unforeseen consequences depending on the severity of the case. This is why By Kellydiek specializes in criminal defense – to help those who are unable to defend themselves in a court of law. Here are a few facts about your rights to an attorney that can assist you in understanding your options in the face of prosecution. An Amendment of the Constitution The right to an attorney in any prosecution case is granted by the Sixth Amendment of the United States Constitution, which states that all accused shall have the “assistance of counsel” for their defense. This also means that even those who cannot afford an attorney will be granted one by the state. These public defenders are there to help anyone, but they usually have full schedules themselves and only so much time to give each of their assignments. A professional criminal defense attorney like Greg Nelson, on the other hand, will set ample time apart to your case and set you on the proper course, mounting a defense and helping you avoid fines and jail time where possible. Role of an Attorney Your attorney is paramount to your personal defense in a courtroom. Apart from advising you on the best course of action at all stages of your trial, they also perform the following functions: Ensure your constitutional rights are not violated at any time Negotiate a plea bargain on the defendant’s behalf Investigate evidence and facts Cross-examine government witnesses Object to improper questions and evidence Present legal defense If you require legal representation in a criminal or DUI case, look no further than Greg Nelson in Omaha. With over 15 years of legal experience, he is the attorney you need to mount your defense and protect your rights. Contact the law office nearest you for more details on how Greg can help.