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Omaha Criminal Defense Blog

Douglas County drug court opportunity

Have you been charged with a non-violent felony related to your substance abuse? You are likely to be scared about the possibility of spending time in prison. This arrest and charge may have also made you aware that you have an unmanageable problem with your substance abuse and need to seek treatment.

The Program

The problems with algorithms when used for sentencing

In September 2016, Nebraska launched a statewide automated sentencing calculation software system. The system was designed to more accurately calculate inmate release dates. Prior to then the calculations were done manually, with a pencil, paper and calculator. Miscalculation was a problem, resulting in the early release of prisoners.

Weighty numbers

Why should you act within 10 days of a DUI?

In Nebraska, DUI-related charges can result in you facing some very serious consequences. McGough Law, P.C., L.L.O., is here to help you understand the laws of the state, and what you can do to fight against your charges.

You may have heard before that it's important to act within 10 days of being charged with a DUI-related crime. Why is that? Basically, your license will automatically be suspended by the Department of Motor Vehicles (DMV) if you don't actively request an administrative hearing. Not only is this up to you, but you must do it within 10 days of being arrested for it to be considered valid.

Two charged in connection with alleged attack

People who are arrested in Nebraska for serious felony offenses know that the reports made public via the media may often contain only limited details. This lack of information provided in these reports may well make it all too easy for the public audience to conclude that the defendant is guilty as charged when that may not actually be so. Many people might make a different decision if they knew all of the facts of a case.

In one case today, a report about an alleged attack offers little in the way of leaving open the door for the defendants to be innocent although that is certainly possible. The incident took place in Nebraska nearly two years ago but only recently has one man been arrested. A second person, a woman, also faces charges in the case. The pair are together accused of scheming over many weeks to attack a woman who was the then-separated wife of the male defendant.

Is marijuana legal in Nebraska?

Marijuana legalization is the talk of the country, with many states legalizing marijuana and even dismissing or reducing prior sentencing for drug crimes involving possession or utilization or marijuana. But is marijuana one of the states where you can pass a blunt between your friends and openly carry your stash without penalties?

Not yet, despite repeated efforts. In Nebraska, you can still be arrested for marijuana use. Nebraska's governor himself discusses the impediments to legalization of marijuana for recreational or medical use, and cites federal statutes banning marijuana as a controlled substance. Nebraska legislature has not passed legalization statutes due to what the governor describes as inadequacy of controls to ensure safe use, based on observation of legalization in neighboring states and increased criminal activity among the borders between states. 

The basics on interlock ignition devices in Nebraska

One of the potential consequences of driving under the influence of alcohol or driving while intoxicated is the installation of an interlock ignition device in your vehicle. Interlock ignition devices are common penalties for drunk driving in every state throughout the country.

Nebraska is no exception-drivers who are convicted of a DUI or DWI face the possibility of having these devices installed in their car to prevent them from abusing alcohol while driving. So what exactly are interlock ignition devices, how do they work and who may have them?

What should you do if you are pulled over?

Nebraskan residents like you should know what your rights are if you're ever pulled over by the police. McGoughLaw P.C., L.L.O., is here to help you understand what the police can and cannot do during a traffic stop, and what you can do to protect yourself.

First of all, an officer must have a reason for pulling you over. That reason can include:

  • Having expired tags
  • Having a broken tail light
  • Not signaling a turn or merge
  • Speeding
  • Not performing a correct stop at a stop sign

Driver stopped for speeding, arrested for drugs

People in Nebraska should be able to trust that the laws surrounding lawful search and seizure will be followed by law enforcement officers. This is a key part of protecting the rights of people, including those who may be suspected of criminal activity. Sometimes when reading or hearing reports of arrests, it can be difficult to tell whether or not these laws have been properly adhered to.

An example of this can be seen in the recently reported arrest of a man who is said to have been driving through Nebraska but was from California. The media indicated that the man had been driving over the posted speed limit and therefore a police officer pulled the man over. Upon smelling what was believed or thought to be marijuana, a search apparently was conducted. A large amount of pot was found in some bags in the vehicle.

How can you fight your DUI felony charge?

Nebraska residents who find themselves facing DUI charges of any sort may feel like they need legal assistance to get through the case. Those who are facing felony DUI charges, on the other hand, will almost certainly benefit from having legal aid. McGloughLaw P.C., L.L.O., is here to help you through these trying times by staunchly defending your rights.

First of all, is your charge actually accurate? As an example, breathalyzer and other breath analysis tests are not fool-proof. Though the science behind them makes them more accurate than field sobriety tests, there can still be issues with the equipment. Calibration logs can be requested in court, which will show the accuracy of the machine you were asked to use. Maintenance can also be checked. Breath analysis machines do need to be serviced regularly to perform correctly, and incorrect maintenance can impact the reading.

Understanding Nebraska felony crimes and sentences

Felony convictions result in serious punishments, including prison time and large monetary fines. Understanding the different felony classifications can help prepare you for the potential penalties that accompany the charges and strengthen your defense.

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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