Omaha DUI lawyer

An Omaha DUI Lawyer Explains Testifying in Your DUI Trial

If you have been charged with a DUI, an Omaha DUI lawyer can help you decide whether it is in your best interest to testify at your trial. There are many factors in determining if you should testify in your DUI trial. The decision is yours; no one can make you testify. However, if you do, the prosecutor will be allowed to cross-examine you. You and your attorney can discuss whether your story will stand up to a cross-examination, or whether it is not worth it for you to testify at all. However, since the jury is to presume you are innocent, an Omaha DUI attorney knows that juries prefer to hear from the person charged. There are many details you can provide that no one else can.

What Jurors Want to Hear

Jurors will be looking for answers to many questions, including the following:

  • What were you doing immediately prior to your arrest?
  • Why are the results of the blood test or breathalyzer above the legal limit?
  • What symptoms of intoxication did the police witness?

You are the only person that can testify about all your activity prior to, during, and following the arrest. It is also possible that you end up being the only person to testify on your own behalf.

Legal Ramifications of Your Testimony

If no evidence will be presented and you do not testify, then your attorney cannot make an opening statement. However, if you do testify, much of what you say will be your word against that of the police officer, or against the breathalyzer machine. If you choose to testify about the amount of alcohol you consumed, then an additional expert testimony may be necessary to explain your testimony. In other words, an expert can explain any conflict in evidence between the amount you claim to drink, and how the breathalyzer result may not tell the entire story.

Talk to a Lawyer Today

For more information on whether you should testify in your DUI trial, contact an Omaha DUI lawyer for help.

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Your Omaha Criminal Defense Attorney Gives an Overview of Discovery

As a critical aspect of your criminal case, your Omaha criminal defense attorney will work within the legal parameters of discovery in order to plan an effective defense strategy. While your attorney might not be entitled to discovery prior to a preliminary hearing, he or she might be able to obtain copies of witness statements in the case along with evidence that could cast doubt on your guilt.

Preliminary Hearings

A potential witness might be motivated by the fact that he or she can avoid a court appearance if they provide subpoenaed records in the case prior to the preliminary hearing. In particular, business records lend themselves to this approach. Based on this information, your attorney can then start to investigate, speak to witnesses and negotiate a plea bargain.

The Scene of the Alleged Crime

Your lawyer will likely visit the alleged crime scene in order to have a better understanding of what happened during the offense. In some cases, the physical limitations show that a crime could not have been committed as charged by opposing counsel. In other situations, a witness might not have been able to see the actions of the defendant.

The Testimony of Defense Witnesses

The testimony of a defense witness can help your lawyer focus on the evidence and refine the direction of the hearing. A defense witness might make concessions that help you and can add credibility to your testimony, further enabling your lawyer to draft a plausible theory in the case.

Learn More from an Omaha Criminal Defense Attorney

Our Omaha criminal defense lawyer will review possible options related to discovery with you.

Omaha Criminal Lawyer Explains Parole

Many offenders hope to be granted parole to get out of prison at an earlier date than the original sentence. Parole is a privilege, not a right, and can be revoked if the terms of the parole have been violated. The following video from an Omaha criminal lawyer explains how much freedom individuals on parole will have.

 

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Common Arrest Procedures and How an Omaha Criminal Lawyer Can Help

Regardless of the circumstances, being arrested is a traumatic and stressful experience. If you have been arrested, you already know what a difference it makes to have a skilled Omaha criminal attorney by your side.

How Arrests Work

An arrest typically unfolds as follows:

  • You are placed under arrest;
  • A complaint or other charging document is filed by the arresting officer or prosecutor; and
  • You make an initial appearance before a judge, magistrate or other member of the judiciary.

Most people are arrested without warning, and they typically haven’t already retained criminal defense attorneys. There are exceptions, including those who are arrested following lengthy investigations, which typically involve vehicular homicides or white collar crimes. In such instances, a defendant may have already hired an Omaha criminal lawyer.

Although arrest procedures vary from jurisdiction to jurisdiction, they typically follow the same basic process. After being arrested, the defendant is taken to a station house, precinct or holding facility for “booking.”

Booking

Booking involves formally recording an arrest and identifying the defendant. When you are booked, you can expect to be fingerprinted, photographed and asked a series of questions. These pedigree questions are used to gather information regarding your employment, place of residence, immigration status, nationality, health and associates. While this is happening, the prosecutor or arresting officer prepares the charging documents.

Next Steps

Once booking is complete, you will be taken to the courthouse. A bail agency may then confer with you to determine if you have the community ties and other characteristics that are needed to be released until your trial. In the case of a minor offense, however, the police may issue a citation or summons to appear at their discretion. You will be permitted to leave until you are ordered to appear in court to face the charges.

Hire an Omaha Criminal Lawyer Today

If you have been arrested or expect to be arrested soon, the help of a skilled lawyer is a crucial part of protecting your rights. Contact us today.

An Omaha Criminal Defense Lawyer on Removing a Conviction from Your Record

The moment you are arrested for any charge, there will be a criminal record started. Even if you are later found “not guilty” of the charges, that arrest record will be on file and available for anyone to look up. However, you might have an opportunity to expunge those records. This is something you’ll definitely want to discuss with your Omaha criminal defense lawyer.

 

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Miranda Warnings and a Defendant’s Rights

Any Omaha criminal defense lawyer can tell you that the Supreme Court has emphasized that anyone who has been arrested has the right to be read the Miranda warnings by the authorities. These warnings include the following concepts:

  • The right to remain silent;
  • Anything that the defendant says can and will be used against them in a court of law;
  • The right to discuss their case with a lawyer and to have an attorney present with them during questioning; and
  • The right to be appointed a lawyer at no charge if they cannot afford an attorney before they are questioned.

Consequences of Failure to Give Miranda Warnings

If the authorities do not read these warnings to an arrestee, their statements will be dismissed. However, the defendant must prove that they were actually in custody at the time. The courts have determined interrogation to mean such actions by the authorities that could result in an incriminating statement from a defendant. The detainee’s perception of being in custody is sometimes taken into consideration. If you are not certain if you were in custody when the police questioned you, talk to our Omaha criminal defense attorney.

Defining Custody as It Relates to the Miranda Warnings

The court will review the entire situation surrounding the interrogation to determine the duty of the authorities to inform the defendant of their Miranda rights. Considerations include if the person was handcuffed, how much pressure the defendant felt, the wording used toward the arrestee, if the police confronted the person with evidence, the physical location of the questioning and how long the defendant remained in custody.

Talking to a Criminal Defense Attorney

If you feel that you were denied your rights, including Miranda warnings, our Omaha criminal defense lawyer can provide you with help in your case.

Standardized Field Sobriety Tests

According to the United States Department of Transportation, three particular field tests are good indicators of potential driver impairment when they are utilized conjunctively. Read below to learn about these three specific tests and how law enforcement officers can effectively administer these tests to garner accurate results. Let your Omaha DUI lawyer know if there is anything listed here that did not go on during your stop.

 

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Your Defense Attorney and Your Police Investigation

If you are the subject of a police investigation, you will need the assistance of an Omaha criminal attorney to help you navigate the process and make sure you are not exploited by the system or that untimely delays are caused. The investigation process can be daunting and intimidating, but a lawyer with experience in dealing with the police will help ease the process for you.

Bail Interview

During your interview for bail, an Omaha criminal lawyer will guide you to be truthful when you answer questions. However, certain questions may cause further incrimination against you:

  • If your true name reveals fraudulent identification documents;
  • If your true name reveals that your immigration status is unlawful and/or criminal;
  • If your place of work implicates you in criminal activity; or
  • If you do not have enough legal income to afford an attorney, then it will appear suspicious that the money from your defense may come from illegal sources.

Your Attorney’s Role

Avoiding answering questions will most likely guarantee you will not be released on bail, so consult your attorney on which questions may prove problematic. Your attorney will make sure that no questions of an interrogatory nature occur at this time and that you do not consent to search requests. Your attorney’s job during this process includes the following:

  • Make sure the investigation is less intrusive to you;
  • Make sure the investigation is less likely to find incriminating evidence;
  • To witness, deter and report any police abuse; and
  • Make sure you do not incriminate yourself.

Avoid Self-Incriminating Statements

Self-incrimination happens by blurting out evidence or attempting to destroy or falsify evidence. One way this occurs is when you are asked to give a handwriting sample. You might try to disguise your handwriting or comment on why you are being asked to write certain words. Doing either of these things can be used against you as evidence.

Speaking with a Criminal Defense Lawyer

For more information on how a qualified defense attorney can help you through the police investigation, contact a lawyer today.

What Will Happen if I’m Arrested?

If you are arrested and placed in custody, the experience of being handcuffed all the way through fingerprinting and processing to your initial appearance can be very daunting. The most important thing that you can do if you are arrested is to hire a strong and experienced Omaha criminal defense attorney who will fight for you.