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Omaha Criminal Defense Blog

What treatments are available for heroin addiction?

The heroin epidemic in this country is something that everyone wants to see end. However, it is not always easy to figure out how to help people who become addicted to this drug. Luckily, there are many options for those who do want help in Nebraska. According to American Addiction Centers, treatment typically is a combination of methods.

Because heroin is a very addictive substance, the body goes through withdraw if a person does not use it. If you are trying to stop using heroin, you will need some help with the physical withdraw. Usually, a healthcare professional will give you a medication to ease your body off of heroin and prevent withdraw. The most commonly used medications are buprenorphine and methadone.

Drugged driving arrests rise in Nebraska

For many decades in Nebraska, a heavy emphasis has been placed on combatting alleged instances of driving under the influence. This emphasis has been so heavy, in fact, that the term driving under the influence and its acronym, DUI, is all but considered a synonym for drunk driving. However, a driver can be arrested for and charged with a DUI offense even if they have not consumed alcohol. This is because operating a vehicle under the influence of a drug may also lead to such a charge.

According to Nebraska TV, the number of people finding themselves facing criminal charges for suspected drugged driving in the state has been on the rise. Grand Island is said to have more active cases of suspected driving under the influence of drugs than any other part of the state, incuding the city of Omaha.

Handgun investigation leads to drug arrest for teen

Nebraska teenagers struggle with substance abuse on a daily basis, despite alcohol and drug abuse rates beneath the national average. In addition to addiction and other health risks, teenagers who abuse illicit substances may also find themselves in trouble with the law.

Law enforcement in Sioux Falls, South Dakota recently arrested a 15-year-old boy on drug charges after an employee at a local community center reported to authorities that she thought she saw him showing another teenage boy a handgun. 

How a felony conviction affects Nebraska voting rights

Among the potential long-term consequences of a conviction for a felony is the loss of voting rights. According to FindLaw, it is up to each state to determine how a felony conviction will affect the right of an individual to vote, regardless of whether an election is taking place at the state, local or national level because it is the states, not the federal government, that determine voting eligibility. Nebraska is one of 44 states that restore felons' right to vote following successful sentence completion although, again, the restoration process varies by state.

According to the Nebraska Secretary of State's office, upon conviction of a felony, Nebraskans lose their voting rights on a temporary basis; this is true even if the conviction happened in another state. Two years after the individual has completed all the terms of his or her sentence, including any parole or probation in addition to incarceration, the state restores the individual's voting eligibility. However, the individual will need to complete a new voter registration after receiving notification from the Department of Corrections confirming successful sentence completion.

Letting the truth come out

We know that marriages are often filled with problems, some of which may result in a certain amount of tension between two people. Whether it is a matter of child rearing, professional goals or finances, small arguments often develop over time to become large disagreements. There are many acceptable ways to deal with this stress and ultimately resolve an argument, but we firmly believe that abusing the Nebraska criminal justice system by filing false accusations of domestic violence is not an appropriate method.

At McGoughLaw P.C., L.L.O., we believe in the power of justice. We also respect the system that dispenses it. That is why we fight so tenaciously to defend our clients against the spurious claims they face from their trusted family members. 

Defining a false or wrongful arrest

When people think of a false or a wrong arrest, they generally imagine a Nebraska police officer placing a person under arrest without any justification for it. As FindLaw points out, an officer is usually guilty of wrongfully arresting a person if the officer did not have probable cause. Basically, an arrest is wrongful or false if the person committing the arrest had no legal authority to do so.

If a police officer does not possess a warrant to arrest you or to conduct a search that might lead to your arrest, then the officer must have probable cause that a crime has been committed or will happen. Generally, it is not easy to establish that a police official had no reasonable cause to suspect a crime, as the police depend on their own subjective judgment to ascertain if criminal activity is going on.

Can I be arrested at a sobriety checkpoint if I'm sober?

At the law office of McGoughLaw P.C., L.L.O., we want everyone in Nebraska to have a safe, enjoyable holiday season. For many residents, the holidays mean celebrations involving alcohol. Whether you plan to drink or abstain, you may take precautions to drive legally and get home safely. However, this does not necessarily mean you won't unexpectedly face a DUI charge, even when you are sober.

Sobriety checkpoints are often conducted during the holiday season when many people drink and drive, as FindLaw explains. These checkpoints are used by law enforcement to catch drunk drivers before someone is hurt. Rather than pull over a driver who is exhibiting signs of impairment, drivers are stopped at random at these checkpoints. You may be asked to perform a field sobriety test if you are one of the "lucky" ones to be detained at a checkpoint. If you are nervous, have a speech impediment or suffer from a medical condition that inhibits your balance or mobility, an officer may mistake you for being intoxicated, even if you had nothing to drink. Despite sobriety checkpoints being legal in Nebraska and many other states, numerous people believe they are unfair and violate residents' privacy, as well as result in faulty arrests for some sober drivers.

What makes an effective drug treatment program?

Finding the right treatment for drug addiction can be challenging. However, if you've recently been charged with the use or possession of drugs in Nebraska, finding the right treatment is a must to prevent further harm from befalling you. The National Institute on Drug Abuse explains how to find effective drug treatment if you're struggling with addiction.  

People with drug addictions experience chronic cravings to their substance of choice. Extended drug use also causes alterations to the brain and its chemistry, which is why it's so difficult for people to stop using, even when faced with devastating consequences. Because drug addiction is so challenging, it's important for treatments to have certain elements.

Can free needles and Narcan help opioid users?

In recent years, the United States has wrestled with an opioid crisis that saw more than 46 people dying each day from overdoses involving prescription opioids alone. Concern quickly turned to users spreading serious blood-bourn illnesses, such as Hepatitis C and HIV/AIDS, with shared syringes.

Some organizations have responded to the epidemic by opening free syringe exchange programs with naloxone and other resources to make users safer. Nebraska does not have a state syringe exchange program. However, some research indicates it should.

What is expectation of privacy?

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures by the police. However, if you are a Nebraska citizen facing a police search, you may be unclear as to what is reasonable and what is not.

According to FindLaw, there are certain areas where you as a citizen have a legitimate expectation of privacy. This does not mean that the police can never search these areas or possessions; rather, it means that the police must first show probable cause and obtain a warrant before a search can occur.

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Success Stories

  • Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client.
  • Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client.
  • Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client.
  • Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client.
  • Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty.

What Our Clients Say About Us

  • “Jim, Thank you for all of your help over the past couple weeks. I cannot emphasize enough how much better I have felt after receiving your help. Keeping my record clean as possible means a lot to me and I couldn’t have done it without you, thank you!” -TP
  • “Jim, It's always a pleasure to see you in court. Your effective, professional representation of your clients is so helpful.” -LW
  • “Jim, On behalf of the V family, please allow me to offer a HUGE thank you for your exemplary legal representation - especially considering you took on this case a mere 5 months ago. ” -CV
  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated. I will contact you if anything else comes up//until then God bless you! ” -SH
  • “Jim, thank you for everything. After I was resentenced I became eligible for camp custody. I am now on the RDAP list and doing fine” -MH
  • “JThank you so much for writing back. I read your response and I want you to know I completely trust you” -KV