Omaha Criminal Defense Blog

As attitudes toward marijuana have shifted considerably in recent years, so, too, have the laws that surround the drug. While many areas of the country are still in a state of limbo, an increasing number of states have lifted the barriers that made both medical and recreational marijuana illegal. Nebraska is not one of those states, but the popular voice reflects an optimistic outlook on this issue.

As KPTM News shared, countless Omahans rallied for legal medical marijuana in attempts to gain attention from lawmakers this past April. Just months prior to the rally, Iowa approved of five medical marijuana shops in the state -- a definite step forward in the eyes of advocates nationwide. The best-case scenario that advocates hope to see in the near future involves ballot access during the current election cycle, which would give marijuana supporters across the state a voice on the controversial matter. Many predict that Nebraska will eventually legalize the drug, since neighboring states have already made forward movements.

From the moment that a person is questioned by police all the way through an arrest and the ensuing criminal defense process, people in Nebraska accused of crimes should be able to trust that they will receive just and fair treatment. In some cases, this may mean being found innocent of the charges levied against them. In other cases, it may mean being fairly sentenced for acts they may have been involved in.

The case of one man who was charged in a robbery at a general store in Fremont last autumn offers a very good example of this. After the man's arrest, he was eventually convicted of two different felony charges. One, a Class IIA felony, was for making terrorist threats. The second, a Class II felony, was for the robbery. For both charges, the defendant could have been sentenced to a maximum of 70 years in prison as the first charge carried a 20-year maximum sentence and the second charge a 50-year maximum sentence.

People in Nebraska who are questioned by police and eventually charged with a drunk driving offense are commonly asked to provide a breath sample. This sample is used to determine the amount of alcohol in a person's system. This may also be determined by taking a blood sample but doing so during a drunk driving investigation now requires a search warrant per a ruling handed down by the U.S. Supreme Court.

Only breath samples collected at jails or detox facilities are able to be used against defendants in court by prosecutors. Recently, it was discovered that the person who reportedly signed a calibration certification for a breath test unit never actually performed the tests that were required. This has called into question the overall ability to rely on data from these units if they are not actually being calibrated properly or tested appropriately.

Nebraskan residents may have heard the term "routine traffic stop" before. Perhaps you have even experienced one yourself. But what should you really know and understand about these traffic stops and what they can mean for drivers like you?

FindLaw defines a routine traffic stop as any stop in which a police officer pulls you over for smaller violations. This can include speeding, running a red light, or not stopping properly at a stop or yield sign. It could even include issues that aren't related to your driving at all, such as having a broken taillight or expired stickers on your license plate.