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Contact Us If you have been charged with driving under the influence, or DUI, in Nebraska contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney. Author Recent Posts Tom Petersen

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The Attorney-Client Relationship

All attorneys are required to abide by a set of ethical standards set forth in the Rules of Professional Conduct. One of those deals with the confidential nature of the attorney-client relationship.

The Job of a Criminal Defense Attorney

Yet another important point is that a criminal defense attorney’s job is not to prove a client is innocent. In fact, the defense is not required to prove anything at all. The American judicial system puts the burden on the State, through the prosecuting attorney, to prove that a defendant is guilty beyond a reasonable doubt.

What Must You Tell Your DUI Attorney?

As a general rule, your DUI attorney will not ask a question unless the answer is important. While it is not important that you are innocent, an attorney cannot knowingly allow you to commit perjury, or lie, on the stand. Therefore, attorneys tend not to ask questions unless the answer is necessary to the preparation of the defense.

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If you have been charged with driving under the influence, or DUI, in Nebraska contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.

What to ask a potential DUI lawyer?

One of the first questions you need to ask your potential attorney is about their background and experience. As there are many different types of criminal lawyers out there, finding an attorney that is experienced with DUI’s can be critical to your case and your outcome. Discussing their specific background and experience can help you gauge if they are the lawyer for you.

What is a DUI lawyer?

DUI lawyers are dedicated to helping to preserve the rights of the accused. Look for a law firm that has made DUI defense a concentration of its practice. You will want a DUI attorney known not only for the dedication he or she provides to clients, but across the state for their work ethic and their DUI defense knowledge.

What is the importance of knowing who is working on your behalf?

Knowing who is working on your behalf can provide you with clear communication and the peace of mind that your case is getting the dedication that you want and deserve.

Is it better to hire an attorney for a DUI?

The criminal justice system can move fast. In fact, it moves a lot faster than most civil lawsuits. That is why it’s so imperative to hire an attorney as quickly as possible if you have been arrested for driving under the influence (DUI). The court system takes DUI charges exceptionally seriously, and the penalties are usually two-fold. They involve both criminal and administrative ramifications, which could include fines, license suspension, and possible jail time.

Can a DUI lawyer help you?

Only an experienced DUI lawyer can provide you with accurate answers to your DUI questions. If you have been arrested for driving under the influence or drunk driving, you can be facing severe consequences and need to make some critical decisions immediately. That is why having an attorney that is skilled and experienced in DUI representations is one of the essential factors in having a successful DUI defense.

How do DUI lawyers get paid?

Most DUI DWI lawyers use one of two billing methods: either an hourly fee or a flat fee. They work just as they sound. A lawyer who bills an hourly rate gets paid for each hour worked. A flat fee is one to cover the lawyer's time.

What to do if one of your lawyers is too busy?

If one of the attorneys is too busy to meet, you might have to meet with office staff instead. Don't be put off by this. Many good lawyers are busy.

What is case management in DUI?

DUI DWI attorneys use the term case management to describe how they handle your case. It's important to know the logistics behind the scenes so that there are no misunderstandings. Some relevant questions to ask include:

Why do lawyers decline to represent you?

If they have, they may decline to represent you because of a conflict of interest. Finally, bring your list of questions, so you don't forget to ask anything.

What to do if you cannot decide between two or more candidates?

If, however, you cannot decide between two or more candidates, ask for the names and contact information for a few former clients. Call them to get some first-hand feedback. Ask them:

Is it better to have a lawyer or a prosecutor?

It's to your advantage to have a lawyer who is familiar with attorneys in the prosecutor's office. An attorney with a good reputation may be able to negotiate better terms for you. An example would be a DUI conviction resulting in community service and DUI school instead of a fine or jail time.

Can an attorney meet you?

Many attorneys are willing to meet you briefly to introduce themselves and discuss your case. This is where you can conduct an interview to see if you have found the right lawyer for you.

What to know before hiring a DUI lawyer?

This includes the willingness to take a DUI case to trial and argue it before a jury. If you do not want to plead guilty or negotiate a plea bargain, you need a lawyer willing to fight for you.

What does a DUI lawyer do?

With proper training and expertise, a DUI lawyer will be better able to properly cross- examine the police officer who administered the roadside tests or chemical test and prove if the test is reliable and valid.

Do DUI lawyers pay upfront?

Unlike personal injury lawyers who work on a contingency fee basis, DUI lawyers will want payment upfront or through a payment plan. Make sure you understand the fees and total costs of your defense before hiring a lawyer.

Is it better to plead guilty to a DUI?

Although many DUI offenders may believe it’s simply easier to plead guilty to their DUI charges, given the severe penalties and high fines, this is generally not a good idea. Most DUI offenders should at least meet and consult with a DUI lawyer and determine the strength of the prosecution’s case against them.

Should I consult a DUI lawyer?

Most DUI offenders should at least meet and consult with a DUI lawyer and determine the strength of the prosecution’s case against them. Unfortunately, given the complexity, the scientific evidence, and the experience needed to successfully argue a DUI defense, it’s important to find the right DUI lawyer, one who has the right training ...

Do DUI lawyers go to trial?

If your DUI lawyer is serious about fighting DUI cases they probably have a DUI case scheduled to go on trial. If they do this is your perfect chance to go to court and find out how well your potential lawyer performs.

Can a DUI defendant speak to their lawyer?

Unfortunately, one of the biggest complaints from DUI defendants is that they cannot get answers or speak directly to their lawyer. While all lawyers need a dedicate support staff to help with the details and paperwork of a DUI case, your lawyer should be readily available to answer your questions.

What questions should I ask a DUI lawyer?

DUI lawyers, like all attorneys, don’t possess a magic crystal ball. While a DUI lawyer can’t guarantee case outcomes, they can predict possibilities based upon the unique facts of your case and their own training and experience with DUI law. Be sure to ask you DUI lawyer these questions: 1 Is a plea agreement a possibility? How about any motions such as a pre-trial motion to suppress evidence? 2 Which factors work in my favor and which work against me? 3 Should we go to trial?

What is a good DUI lawyer?

A good DUI lawyer will be able to help you understand the law, the facts of your case, and any potential defenses that may be available to you. If you aren’t familiar with how to hire a qualified lawyer, here is a good place to start. Below you will find potential questions to ask your DUI lawyer at your first meeting.

What is DUI in court?

Whether you were caught driving with a high blood alcohol content (BAC) or arrested for being too impaired by prescription drugs to safely operate a motor vehicle, driving under the influence (DUI) charges are taken very seriously by the court system. Penalties are generally two-fold: both criminal and administrative ...

Can you get a DUI specialist in Arizona?

Are you certified by any DUI organizations such as the The National College for DUI Defense (NCDD) or similar state bar organization? Some states, such as Arizona, have a program where attorneys can get certified as a “DUI specialist” if they pass certain tests.

Can a DUI lawyer predict outcomes?

While a DUI lawyer can’t guarantee case outcomes, they can predict possibilities based upon the unique facts of your case and their own training and experience with DUI law. Be sure to ask you DUI lawyer these questions:

Why do you ask a lawyer about DUI?

You are probably asking this question because you are nervous and confused about the court process. Instead of thinking about what to say, get a DUI lawyer. They will guide you through the whole process and tell you exact what to say and what moves to make.

How to make the best impression in DUI court?

If you want to make the best possible impression in DUI court, educating yourself about what you should say (and then choosing your words with care while you’re in the courtroom), will be a very smart strategy. In many cases, defendants in DUI cases have never been in court before.

What to do at a 2nd court hearing?

During the 2nd court appearance, you may initiate a “hardship hearing”. This is designed to show that you will need a driver’s license in order to make a living. In order to access lenience from the courts with regard to keeping your license, you will need to prove that public transit in your area is not sufficient to meet your needs.

Can a DUI conviction be expunged?

Your lawyer is there to explain things and help you. The better the lawyer, the better your odds of avoiding a DUI conviction which remains on your driving record for years and may remain on your permanent criminal record unless it is expunged. Our legal team does know how to help those with DUI convictions to get their criminal records expunged.

Do you have to say anything beyond a plea?

There are more steps in the process. There are more court appearances. In general, you won’t need to say much beyond entering a plea and then explaining your circumstances if you opt for a hardship hearing. Unless you plead guilty, the process will wind on for a while, but you won’t be expected to say an awful lot in court. Basically, your lawyer will do a lot of talking for you and this is why you should definitely invest in good legal counsel.

Can a DUI go your way without a lawyer?

Without a good lawyer at your side, a DUI case may not go your way. Also, you may find that you feel more frightened and stressed. A lawyer knows the whole process and will be able to guide you and support you, whether you plead guilty or not guilty. Also, he or she will be able to offer advice on how to plead and what the realistic odds are of avoiding a conviction if you do decide to plead, “not guilty”.