Thomas Marlan Petersen’s Answers

Thomas Marlan Petersen

Omaha Criminal Defense Attorney.

Contributor Level 10
  1. Pulled over for DUI in Omaha

    Answered 8 months 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...

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  2. Should my cousin already have a public defender?

    Answered 8 months 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 8 months 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 8 months 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 8 months 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 8 months 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.

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  7. Ok stupid question for federal procedure

    Answered 8 months 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.

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  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 8 months 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. Expungement on year old charge? wrongly accused and wrongly charged.

    Answered 7 months 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.

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  10. I fell and broke my foot while babysitting at my Landlord's House that she rents and I sub-let a room in the basement.

    Answered 8 months ago.

    1. Thomas Marlan Petersen
    2. Brendan Michael Kelly
    2 lawyer answers

    You may be able to pursue a renter's insurance policy if your landlord has one or her personally. It sounds like she may have assets from the supplemental description you provided. You may want to file a case in small claims court which is easy to navigate and the clerks and judges are very helpful.

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