Posted on September 14, 2015
Often times, an average individual who gets arrested and subsequently charged with DUI is probably not well-accustomed with privacy protections afforded by the Constitution. Apparently, many individuals find their rights violated by the law enforcement officers without knowing it. Illegal stops and searches in Omaha have affected thousands of motorists, though police claim that the stops and searches are entirely legal.
The law enforcement officers argue that these purported stops and searches are in response to rampant “illegal” activities of the notorious Mexican cartels, adding that they do not intend to shakedown unsuspecting visitors. Nevertheless, many of their practices and tactics have been established to be unconstitutional in the courts of law.
For those who may have been arrested and charged with Driving under the Influence in Nebraska, it is always crucial to look for a local attorney with massive experience and skills in handling these matters. Omaha Illegal stops & searches attorney cannot be undervalued when it comes to handling illegal stops and searches—especially in the state of Nebraska. Here are some suggestions we have for you:
Attorney Dan Stockmann
The law that pertains to illegal search and seizure can be long and complex. You must understand the specific laws of your own state, in addition to common laws so you can successfully challenge any charges levied against you. Consequently, researching the matter is not sufficient enough to handle the matter, but you need to pick a competent criminal defense attorney with extensive knowledge to get things done for you.
This is where Attorney Dan Stockmann comes into picture. He can definitely help you sort out your illegal search and seizure in order to set you free. With over 30 years of experience breaking down the facts surrounding the illegal search and seizure, he has the capacity to identify whether the evidence was acquired without a warrant or probable cause. Similarly, he can figure out if the evidence against you is good enough to be allowed in court.
Attorney Dan Stockmann provides the perspective both in lay-people and legal professionals’ point of view. This, coupled with his extensive trial experience, can help you create a strategy to which jury pools can respond more favorably—increasing the chances of having your case dismissed, reduced or completely dropped. He is simply perfect in this specialty, and can truly be relied upon.
John K. Green
For more than 30 solid years, Attorney John K. Green has been defending dozens of his clients against DUI charges. He takes his client’s case with the seriousness it deserves. At the law office of John Green, every aspect of the case is thoroughly researched, including the stop, the blood or breath tests, the field sobriety tests and any other illegal search and seizure matters that might be present.
He makes certain every client is carefully taken through every step of the trial, and maintains communication with his clients throughout the entire process. Therefore, clients are not left wondering about the status of their case. In a nutshell, he is equally a competent lawyer who boasts incredible trial experience in this specialty.
To successfully mount a robust criminal defense, it is important that you understand your rights as the first step to mounting a strong criminal defense. Secondly, make sure you have a defense lawyer with an immense experience on your side. An experienced attorney is capable of identifying search and seizure violations by law enforcement officers. Their comprehensive investigations can unearth illegal searches and many other police violations, giving you a chance to successfully win your case.
Posted on July 21, 2015
Just because you have been arrested in a drug bust, it doesn’t mean that all is lost. As such, if you find yourself in a predicament where you were an innocent bystander who got arrested in drug bust keep reading to become aware of the various criminal defenses that may be applicable to your specific situation.
1) Drugs Belong To A Third Party
A common defense that may be applicable to your situation is that the drugs simply did not belong to you. Law enforcement officials may pressure you into accepting a plea bargain on the grounds that since you were caught during the drug bust that you will have to face the subsequent charges and penalties as do everyone else who got arrested as well. However, a professional defense attorney will pressure prosecutors to prove that the drugs that were seized were in fact not yours.
While it may be true that law enforcement officials are free to conduct sting operations, a situation of entrapment can occur when law enforcement officials essentially induce a suspect to perpetrate a crime. Meaning that, if the drugs that were seized was sold to you directly by law enforcement officials from a previous date, that you can utilize entrapment as a criminal defense. Even if law enforcement officials did not do this themselves but elected to utilize a third party informant to induce you into passing drugs and subsequently conducted a drug bust thereafter, you can still utilize entrapment as a viable criminal defense. Therefore, it’s highly recommended that you utilize a professional and experienced lawyer who will pressure prosecutors into demonstrating how the information leading up to the drug bust was acquired.
3) Planted Drugs
While it may be true that this would be extremely difficult to prove, history demonstrates that time after time, law enforcement officials have planted drugs on an individual’s property. While other officers within the investigation may be reluctant to blow the whistle, so to speak, if you firmly believe or rather, know that the drugs which were seized during the drug bust was in fact planted, a competent attorney can assist you when it comes to clearing your name.
4) Missing Drugs
While this occurrence is rare. Due to the fact that drugs often get transferred several times before it reaches the evidence locker, it should never be assumed that the evidence actually exist during the entirety of the trial. Therefore, before you elect to forfeit your rights and take a plea agreement, consult an attorney who will urge prosecutors to produce the actual drugs for which you may be charged for possessing. This is due to the fact that even if prosecutors did seize drugs during the drug bust, if it gets lost in transit or if they are unable to provide said evidence, the case will be subsequently dismissed as a result of such.
Even if you were in possession of said drugs, it doesn’t necessarily mean that you have to sign away your rights. You need to remember that it is not in the prosecutor’s best interest to give you a lenient sentence. As such, they may push for the maximum sentence. However, the sentence of which they may intend to pursue may outweigh the crime itself. By contacting a professional lawyer who is experienced with representing clients who were arrested in drug bust, will work with you to ensure that you get a more lenient sentence even if you are guilty. And in the circumstance where you may feel that you were simply a victim of being in the wrong place at the wrong time, the last thing you should do is to utilize the services of a public defender.
Posted on May 21, 2015
The selling, distributing and transporting of prohibited substance is defined as been drug dealing. This is very critical scenarios observed in the global environment. Many measures to eradicate drug production and trafficking have been implemented to curb the illegal drug business.
Using illegal substances for leisure activities and for medical purpose has been a practice for many decades. The abuse of these substances has been around as long as its use and has a firm grip on society. The fight against drug abuse is at its highest.
Over the current years the negative impact of the drug business has become more obvious. As society gets more modernize so does the drug business. The ability to get as high as possibly can with limited substance has been perfected by man. Illegal drug use has become integrated deeply in today’s society.
Contrary to popular belief, due to the fact that so many people are into drug abuse, proves that not a lot of attention is paid to the problem. The abuse of this substance will almost always lead to undesirable uncontrollable addiction and worst case scenario, death.
The relevant security organizations of the world have been trying relentlessly to crack down on the top players of the drug game. Security consultant has worked in tandem to put a stop to the evolution of the drug business. To be more precise, the fight against drug abuse is centered on stopping the distribution and use of illegal substances. The drug trade is a lucrative trade regardless of the illegal tag that has been put on it by the world’s government. People addicted to the hardest of drugs feels as if they cannot do without the substance and will do anything to get even the smallest of doses. The most abused substances of this era includes but not limited to crystal meth, heroin and cocaine. The production of these substances is done by billion dollar companies all over the world.
The users and the peddlers of these substances are not really targeted in the global fight against the drug business. The main target of the fight is the companies that make these products. These companies however, are not that easily toppled due to their connection in the administrative authorities. Social and activist movements now have to change their tactics in dealing with these companies. Public awareness about the negativity of these companies’ procedure and products and information dissemination are some of the tactics now being used.
The relevant authorities also use the tactic of using the little fish to catch the big fishes. The peddlers are targeted and used to catch the bigger players in the drug business. In places such as Nebraska, there security teams have been working overtime to crack down on the drug trade in the state. Drug bust in Nebraska are not uncommon and with these arrest and charges the security authorities are getting new information on the bigger player in the drug business. Drug abuse is a prominent problem in our society but there are organization working on the eradication of illegal drug trade and use.
Posted on March 20, 2015
If you believe that you may have been a victim of an illegal search it’s important that you become aware of your rights and the options that you have available to you to. The Fourth Amendment of the Constitution of the United States protects you from unlawful seizures, which occur when an unlawful search has been conducted. In general, searches and/or seizures that have been conducted without the utilization of an official warrant are deemed as being unconstitutional and as such invalid if there was no probable cause. What this means is that regardless of the legality of the items that were acquired during a seizure, if the search itself was conducted without a warrant and without probable cause, then the defendant cannot be charged for the subsequent possession of said item. In this overview we’ll take a look at the circumstances that define an illegal search and seizure as well as the options that you have available if you have been a victim of this unconstitutional act.
What Defines An Illegal Search And Seizure?
While it may be true that a law enforcement official can conduct what’s known as a ‘warantless’ search. The law specifically states that in order for a warantless search to be conducted, the official in question must have a valid reason (probable cause) as to why they conducted a warantless search. For example, if a police officer receives reports that there is a strong scent of marijuana emanating from an individual’s home. He or she can conduct a warantless search to verify the accuracy of the complaint. In a situation like this, if the police officer finds marijuana, the defendant can be charged nonetheless. However, if a police officer randomly searches a home and finds marijuana, simply because they suspected that the individual may have marijuana in said household, this in essence would be categorized as an illegal search and seizure. Said in simple terms, if the law enforcement official did not have a justifiable reason as to why they decided to search you or your vehicle without a warrant it is unconstitutional and as such invalid.
What If Illegal Items Were Confiscated As A Result of The Illegal Search?
Known as the Exclusionary Rule, the Exclusionary rule states that if a court finds that an unreasonable search was conducted without probable cause, any evidence that was seized regardless of the legality of it, cannot be utilized as evidence against the defendant. This was a principle that was established by the U.S. Supreme Court in 1961.
How Can A Defendant Prove That An Officer Conducted An Unreasonable Search?
In general, a defendant can prove that an officer conducted an unreasonable search without probable cause if they can demonstrate that they expected some degree of privacy and if they can demonstrate that their expectations of privacy was reasonable.
Complexity Surrounding Search And Seizure Laws
Even though there a variety of Federal laws that dictate the guidelines of what can be categorized as an illegal search and seizure, your state’s law may say otherwise. Meaning that, the state that you reside it, may have made its own amendments as to what contributes to an illegal search. This is one of the primary reasons why there is a high degree of complexity surrounding instances of which the defendant testifies that an illegal search was conducted. As such, if you believe that you may have been a victim of this unconstitutional act, it’s important that you avoid the possibility of utilizing an inexperienced public defender and elect to utilize a professional illegal vehicle searches lawyer who is fully knowledgeable and experienced when it comes to dealing with the circumstances surrounding illegal search and seizures. An illegal vehicle searches lawyer is better equipped and more prepared to rigorously fight your case so that you can receive the best possible outcome.
Posted on March 3, 2015
For most people, “drug trafficking” and “drug dealing” refer to the same thing. However, legally, “drug trafficking” refers to much more than drug dealing and international drug smuggling. Under the federal laws, drug trafficking offenses include manufacturing, distributing, dispensing or possessing certain amounts of narcotics. Drug trafficking is punishable under both federal and state laws.
Interstate Drug Trafficking
Interstate drug trafficking refers to the illegal import of drugs through the interstate system. For many years, authorities have manned interstates to control the movement of unlawful controlled substances from one state to another. Since the legalization of marijuana in certain states, interstate’s drugs law enforcement has gone a notch higher. While the police have traditionally relied on minor traffic violations to pull over and search vehicles, they are now known for utilizing illegal tactics including illegal checkpoints and out of state profiling.
In the recent past, illegal traffic stops and out of state profiling has been most common on I-80 in Nebraska. Although the police can legally stop you for a traffic offense, they shouldn’t stop you for mere suspicion of drug possession or trafficking. You can refuse a search. The police know this, but they’ve their tactics to force a search. Sometimes, they put signs of fake drug checkpoints. The idea is to provoke guilty drivers to make illegal U-turns or drop any contraband they may be carrying.
Interstate Drug Trafficking Penalties
Interstate drug trafficking convictions can attract hefty fines and mandatory jail time. The penalty typically depends on the illegal substance and the amount involved as well as whether it is a first or subsequent offense. Possession of a small quantity of substances like cocaine and ecstasy can lead to an up to five years in prison and a $10,000 fine. If you are convicted of possessing a larger amount of such drugs, you can get up to 50 years in jail or even a life sentence if the prosecution proves you are a repeat, offender. The penalties may also differ depending on whether you have been charged in federal or state court. Commonly, federal courts issue harsher sentences than state courts.
Interstate Drug Trafficking Defense
If you have been charged with interstate drug trafficking, you will need an interstate drug traffic defense attorney. The pre-file stage of the case will have a great impact on the outcome. Prosecutors understand that you are most vulnerable at this point. You can easily incriminate yourself. They will move swiftly to collect as much evidence as they can. You should, therefore, consult an interstate drug traffic defense lawyer as soon as you are arrested.
Choosing an Interstate Drug Trafficking Attorney
Interstate drug traffic defense attorneys work to contest the issuance and execution of drug search warrants. They can also argue that the police made mistakes during the search that led to the charges. An experienced criminal attorney can also work around the laws and negotiate with the prosecution to reduce sentences. Make sure to interview your would-be lawyer concerning their experience. Select an attorney who has successfully represented clients in similar cases and in the state you have been charged in.