Thomas Marlan Petersen’s Answers

Thomas Marlan Petersen

Omaha Criminal Defense Attorney.

Contributor Level 10
  1. Pulled over for DUI in Omaha

    Answered over 1 year ago.

    1. Thomas Marlan Petersen
    2. Brendan Michael Kelly
    3. Ethan Patrick Meaney
    3 lawyer answers

    Nebraska case law is fairly refined for traffic stops involving weaving within a lane of travel. It is not a violation of law and that, alone, does not give rise to probable cause to proceed with field sobriety tests, preliminary breath test or Intoxilyzer test. Take a look at State vs. Au, a case from May of this year that discusses this. You clearly need to consult with a good DUI attorney and discuss all the facts to receive a complete answer. Based on what is here, it is likely a...

    Selected as best answer

  2. Should my cousin already have a public defender?

    Answered over 1 year ago.

    1. Thomas Marlan Petersen
    2. Tregg Robert Lunn
    3. Brendan Michael Kelly
    3 lawyer answers

    A public defender will be appointed the first time he appears in Court. The Court will not take up any matters except possibly to set a bond at the first hearing to give him an opportunity to talk to the lawyer.

    6 lawyers agreed with this answer

  3. In a criminal defense trial, does the defendant get to participate and assist in picking the jury ?

    Answered over 1 year ago.

    1. Todd Gregory Lehn
    2. Miguel Amador
    3. Christopher M. Lankford
    4. JaPaula C Kemp
    5. Cody Lee Cofer
    6. ···
    10 lawyer answers

    The jury selection process is more an art than a science. I generally pick a juror that I believe likes ME as the defense attorney and try the case somewhat directly to that person. The state has to convince 6 or 12 people; I only have to convince one. With that being said, the Client may see a juror reaction or demeanor that I miss during the jury selection process. The Client is king but also is paying good money for his attorney's expertise. Input is welcome but you have hopefully...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Providing misdemeanors on a background check

    Answered over 1 year ago.

    1. Joseph Briscoe Dane
    2. Stephen Troy Allen
    3. Thomas Marlan Petersen
    4. Scott David Levy
    4 lawyer answers

    Sometimes an employer is looking for honesty as much as they are for a criminal history check. Others have a hard policy of not hiring people with certain convictions. They will certainly not hire you if you put one and they find the other. A worse scenario is getting the job, got all settled in and were then fired because the other conviction was found. I believe you did the right thing.

    7 lawyers agreed with this answer

  5. Will a DUI blood test for BAC test for drugs also? I believe something was put into my drink causing my "DUI"

    Answered over 1 year ago.

    1. Cary L Lackey
    2. Craig S Orent
    3. Carl Engstrand
    4. Thomas Marlan Petersen
    4 lawyer answers

    If you have the blood independently tested, make sure they test for Narcozep, Rohypnol, Rohipnol, or Roipnol AND GHB also known as Gamma-Hydroxybutyric acid. Many standard drug testing panels do not automatically test for these substances. I suspect one of these may explain the unexpected effects the the beers.

    6 lawyers agreed with this answer

  6. Who do I need to talk to about a invalid search warrant.

    Answered over 1 year ago.

    1. Thomas Marlan Petersen
    2. Brendan Michael Kelly
    3. Robert Jason De Groot
    4. John Douglas Lloyd
    5. Tregg Robert Lunn
    5 lawyer answers

    I'm not sure what you're asking here. If the search items were suppressed, then the charge should have been dismissed. Post a comment so we can answer any outstanding issues.

    Selected as best answer

  7. Ok stupid question for federal procedure

    Answered over 1 year ago.

    1. Thomas Marlan Petersen
    2. L. Maxwell Taylor
    3. Victoriya Stolyar
    4. James P Brady
    5. Stephen F Wallace
    5 lawyer answers

    Read the Federal Rules of Civil Procedure Rule 9 and 10 as well.

    Selected as best answer

  8. I need a defense attorney to help me. I think I am about to be arrested for a crime and fired to. I have money.

    Answered over 1 year ago.

    1. Thomas Marlan Petersen
    2. Melissa Aura Keiko Odama
    3. Michelle Marie Scudder
    4. Patrick Owen Earl
    5. Stephen F Wallace
    5 lawyer answers

    You should contact a Washington licensed criminal defense attorney in your area at once. I would caution you about speaking to anyone including friends and family about the facts of your case until you have interviewed and received advice from one or more attorneys. A defense attorney is extremely valuable to guide you through the investigative stage. Select one that has both state and federal court experience.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. If my child was accused of sexual assaulting another child and they find out no sexual assault was committed will they drop it?

    Answered 4 months ago.

    1. Thomas Marlan Petersen
    2. John M. Kaman
    3. Ashley Lee Albertsen
    4. Julie Rendelman
    4 lawyer answers

    If the investigation reveals that no sexual assault occurred, then the State will likely dismiss. If he's charged already, then little additional investigation will probably occur. You should consult with a lawyer to discuss the process and how to mount a defense.

    Selected as best answer

  10. Expungement on year old charge? wrongly accused and wrongly charged.

    Answered over 1 year ago.

    1. Thomas Marlan Petersen
    2. Brendan Michael Kelly
    3. Tregg Robert Lunn
    3 lawyer answers

    Take a look at the link below for setting aside a conviction.

    Selected as best answer

402-835-6700