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Omaha Criminal Defense Blog

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.

Why is meth a popular drug?

Methamphetamine abuse has reached epidemic proportions in Nebraska and surrounding states. Legislation passed within the last 20 years to prevent the manufacture of the drug by restricting access to one of its key ingredients, pseudoephedrine, may give you the idea that meth abuse is a relatively recent phenomenon.

According to WebMD, however, soldiers fighting in World War II on all sides of the conflict received methamphetamine in order to maintain them in top fighting form, and doctors gave it to civilian patients during the 1950s, under the brand name Methedrine, to help with depression and weight loss. 

Multi-agency effort ends in 12 arrests

People in Nebraska who are arrested and charged with crimes can often feel scared and unsure of who they can trust. It is important for them to remember that they do have rights and these rights must be respected and protected at every step of the way in a criminal investigation and arrest. These rights include the protection against unlawful search and seizure and well as the right to a fair defense process.

According to a report from The Independent, multiple agencies contributed to an effort that led to the arrest of 12 people for a variety of drug crimes. The work was part of what is known as the Central Nebraska Drug and Safe Streets Task Force. A sting was coordinated and executed on a Thursday morning. No details about what led to the sting, such as what evidence was found to substantiate it, were given.

College application app will stop asking about criminal histories

The Common Application, an app that students use to fill out a free online form and apply to multiple colleges, has announced it will no longer include questions about a student’s criminal history. The change will happen in 2019.

According to The Atlantic, more than 1 million students apply to college through the Common App every year. More than 830 higher learning establishments use the app for school admission decisions.

Can a drug conviction impact financial aid eligibility?

While a Nebraska drug conviction can mean big trouble in terms of penalties, which might include jail time, steep fines and substance abuse treatment requirements, among others, such a conviction can also bring with it collateral consequences. Collateral consequences are repercussions you may face for your actions that are civil, rather than criminal, but they still have the capacity to upend certain aspects of your life. For example, one collateral consequence you may face if convicted on a drug charge is a loss of financial aid eligibility.

Per U.S. News & World Report, losing your access to federal financial aid is a very real possibility in the wake of a drug conviction, regardless of the type of drug offense a judge or jury determines you committed. Ultimately, the determining factor in whether you can expect to lose your ability to continue to receive financial aid is when, exactly, your arrest took place.

Are prescription drug crimes treated severely?

The state of Nebraska has low tolerance for drug-related crime. This including crimes related to prescription medication. McGough Law P.C., L.L.O., is here to help if you have been accused of any wrongdoing related to prescription drugs.

Prescription drug crimes are actually on the rise in the Midwest lately. People who partake in these crimes will either steal the prescriptions of other individuals or "doctor shop" in order to get multiple prescriptions from different doctors. They then turn around and sell the drugs to others for a profit.

Getting a job after a conviction

People who have been convicted of misdemeanors or felonies in Nebraska have just as much right to get a good job and provide for themselves and their families as do people who have never had any interactions with the law. In fact, the ability to get a good job can go a long way toward preventing any future legal or criminal troubles for people. Despite these facts, it can be difficult at time for people to get hired if they have criminal records but that does not have to stop them any more.

As explained by Monster, background checks are pretty much part and parcel of most job hiring processes these days. In a 2017 Background Screening Trends and Best Practices Report, Sterling Talent Solutions found that 93 percent of employers conduct such reviews prior to finalizing a new hire. That does not mean, however, that they refuse jobs to all persons with criminal records.

What should you do if accused of domestic violence?

Nebraskan law takes crimes of domestic violence very seriously. If you are facing allegations of domestic violence, then you could also be facing a plethora of detrimental effects on your life. This potentially includes jail time, fees, damage to your reputation, and even revocation of child custody or visitation rights depending on your situation.

When dealing with the aftermath of an accusation of domestic violence, FindLaw gives pointers on what you might want to consider doing. One big piece of advice is to keep the situation from escalating. This means don't engage in arguments, don't say anything that can be used against you in court, and don't give the person accusing you any potential ammunition.

How are federal drug charges treated in court?

When facing drug-related charges in Nebraska, you may be up against numerous different potential penalties. However, even the process of facing these charges can be riddled with hardships. McGoughLaw P.C., L.L.O., is here to help you navigate through this period.

The first thing you should know is that all federal drug crime convictions carry heavy penalties. Not only that, but the judges are not allowed to consider individual circumstances during these court cases. This can work against you very easily, making it harder or even impossible to explain the situation leading up to or surrounding your charges.

The importance of fighting a DUI charge

Nebraska residents facing a DUI charge may feel intimidated by the idea of fighting the case, particularly without the help of a skilled criminal defense attorney. With both criminal and administrative penalties on the line, it could be in your best interest to find legal representation to help you challenge the validity of a DUI arrest to ensure proper disposal of the case.

DUI charges come with a number of penalties ranging from revocation of a driver’s license to fines and potential jail time depending on prior driving history. Because of these long lasting and potentially detrimental penalties, pursuing a sound legal defense against DUI charges may be worth the time and effort to protect your future.

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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