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August 2017 Archives

Search warrants in Nebraska

Have you had your car, home or other belongings searched by law enforcement officers in Nebraska? Maybe you have even had your person searched by a police officer or other authority. Understanding your rights in these situations is important because there are both state and federal laws in place that are designed to protect you and your right to privacy.

Consent and the reasonable expectation of privacy

Nebraskans have the right to be free from warrantless searches and seizures by government officials when they have a "reasonable expectation of privacy."  According to article I, section 7, of the Nebraska State Constitution, persons are afforded protection from "unreasonable searches and seizures" by the government just as they are protected under federal Constitutional law. A search or seizure is unreasonable if it cannot be justified when the law is applied to the factual circumstances surrounding the event.

Student athletes face drug offenses

If a person from Nebraska has experienced a criminal arrest, they can understandably be nervous about the eventual outcome of the incident. If an arrest takes place in another state, there can be even more concerns as some laws may be different from those in Nebraska. Two college football players from the University of Nebraska have been in this type of situation for the past few months.

What is the one-leg stand test?

When a person in Nebraska is stopped by a police officer, sheriff or other member of a law enforcement entity, there exists the potential that the officer may investigate them for suspected driving under the influence. Many things may make this line of questioning possible such as the presence of alcohol on a person's breath. When this sequence of investigation is initiated, three different field sobriety tests that are standardized for use by the National Highway Traffic Safety Administration may be used. One of these is the one-leg stand test.

Defining consent in Nebraska

Upon hearing of accusations of sexual assault in Omaha, many may automatically assume that such offenses are perpetrated by deviants targeting random victims. In reality, however, rape and other sex crimes are often considered to be much more intimate. Data shared by DisasterCenter.com shows that as recently as 2015, there were 652 documented cases of rape in Nebraska alone. In many of those cases, the alleged victims likely knew their attackers. Those labeled as their attackers, however, may have not realized that the potential of their being accused of such a crime was present at all. They might have even reasonably believed that the encounters that led to them being charged were consensual.

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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