How much does a DUI cost?

9/6/201110:19:38 PM Link 0 comments | Add comment

ALR, Criminal Defense Attorney, Criminal Defense Lawyer, Driving Under the Influence, DUI, DUI Costs, Nebraska, Omaha

Most people know that being arrested for Driving Under the Influence can be extremely expensive.  Exactly how expensive depends on many factors such as whether or not you have any prior DUI or other alcohol related covictions, your blood alcohol level, and the other circumstances surrounding your arrest (i.e. did you cause an accident or injure anyone).  If you have recently been arrested for DUI, you should speak with your lawyer about the specific costs that might be applicable to your situation.  However, I have listed below some common expenses associated with a First Offense DUI in Omaha, Nebraska.

Common DUI Expenses

1)  Bail - The first expense one might incur after an arrest for DUI is their bond.  In Omaha, often times law enforcement will simply issue you a citation and let someone pick you up at the police station; however, other times you will be arrested and booked into the county jail.  If you are booked into jail, you will have to spend $500 or so to bond yourself out.

2) Lawyer - Most DUI attorneys in Omaha will charge a flat fee for your DUI defense.  That fee is typically between $800 and $1,500 depending on the circumstances.  If you are paying more than $1,500, either you ran over someone, you are having a jury trial or you may want to question your lawyer's billing practices.

3) Chemical Dependency Evaluation (CDE) - In Douglas County, sometimes you can get by without a CDE on a first offense as long as your blood alcohol level (BAC) is not too high; but more often than not, especially in smaller counties, you will need to obtain a CDE before a judge will sentence you (technically, it's required that you obtain an evaluation prior to sentencing).  A CDE usually runs about $100 - $200.  Most health insurance plans provide some type of coverage for evaluations related to substance abuse.

4) Fines and Court Costs - Fines for Driving Under the Influence are statutory in Nebraska.  In other words, the exact fine that can/will be given by the judge is written into the law and depends on what offense DUI you are being sentenced on, what your BAC was and whether or not you receive probation.  For a first offense DUI, the fine is $400 if you receive probation and $400 to $500 if you are sentenced to jail.  Court costs in County Court are $49.  In a nutshell, your fine and court costs for a fisrt offense DUI charge will be $449 if you receive probation.

5) Probation and Drug Testing Fees - If you are placed on probation by the court, you will have to pay a $30 enrollment fee plus a $20 monthly fee, unless the monthly fee is waived.  There is also a $30 drug testing fee.

6) Work Permit or The Interlock Device - If you want to drive while your license is revoked, you will have to get either a Work Permit or the Interlock.  The Interlock device costs about $175 - $200 for a 60-day period, which is what you need on a first offense driving under the influence.  The work permit itself is less expensive; however, you are required to complete a driving class before getting the work permit, so you end up saving only $50 - $100.  The DMV also charges a fee for the actual permit.  As a side note, one more benefit the Interlock has over the Work Permit is that is keeps six points off of your license with the DMV.

7) Reinstatement Fee - When you license revocation is over, you must also pay a $125.00 reinstatement fee to the DMV to have your license reinstated.  

All and all, on average, a First Offense DUI will end up costing you about $2,000 to $3,000.  That, of course, is the financial cost associated with the criminal court system.  Other potential ramifications such as jail time, a lost job, increased insurance rates, or worst of all, injuring someone can be much more costly. 

I Received a DUI. How Will My Insurance Rates be Affected?

7/26/201110:31:49 PM Link 0 comments | Add comment

attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI, insurance

The short answer is your rates will go up.  When your insurance rates go up depends on when the insurance company finds out that you were arrested for Driving Under the Influence.  Most insurance companies run checks every so often, but even without the insurance company running a check on your driving record, they will often find out because you will be forced to tell them.  In Nebraska, once your license is revoked by the Court for a DUI conviction, you are required to obtain SR-22 insurance before you are eligible for reinstatement.  SR-22 insurance is actually not insurance, but rather a filing whereby your auto insurance carrier supplies the state with proof that you have insurance on your vehicle.  Following your DUI license revocation in Nebraska, you will typically be required to carry SR-22 insurance for three years following your license revocation.  If you have any questions about license revocations and SR-22 requirements ask your lawyer or contact the Department of Motor Vehicles.

How do I get something off my record? – Expungements, Pardons and Set-Asides in Criminal Cases

5/23/201111:24:22 AM Link 0 comments | Add comment

attorney, criminal, criminal defense, DUI, expungement, guilty plea, lawyer, pardon, set-aside

Typically, a record showing past contact with law enforcement is not good for employment purposes. Often, people at some point in time are in the wrong place at the wrong time or have a brief error in judgment which results in a criminal conviction on their permanent record. Most people who fall into this category are dealing with an offense that in some way involves drugs or alcohol, such as a DUI, MIP or Possession of Marijuana. Unfortunately, in Nebraska there are only three ways to have something removed from your criminal record: an expungement, pardon or set-aside.

For some reason expungement is the first word that comes to mind for most people when seeking to have something removed from their criminal record. However, expungements are governed by Neb. Rev. Stat. § 29-3523, and are only applicable when no conviction was ever received. An expungment only removes an entry on your criminal history, not a conviction. In other words if your DUI lawyer or criminal defense lawyer was able to get your charges dismissed or have you entered into a diversion program which resulted in your DUI charges or criminal charges being dismissed, then you may be eligible for an expungment. In fact, in most of the previously mentioned scenarios the criminal entry on your record should automatically be removed by law.

The next term that is commonly tossed around is pardon. A pardon is when the Governor or Mayor (depending on whether the crime was based on a state statute vs. a city ordinance) decides to “pardon” your crime, thus restoring a certain status and various civil liberties. For most serious offenses, pardons are controlled by the State of Nebraska Board of Pardons. To receive a pardon you must file an application with the appropriate office, and you must have a pretty compelling argument for the Nebraska Board of Pardons. Pardons are not often given. They can take significant time and can be quite expensive.

The last term, which you do not hear very often, is set-aside. Conviction set asides are governed by Neb. Rev. State. § 29-2264, and are the most common way of having a criminal entry on your record disposed of. In English, a set aside is when after you have been convicted of a criminal offense, your criminal attorney takes your case back in front of the judge who sentenced you and requests that your conviction be “set aside”. The way a set aside shows up on your record is just that; your record will show that you were convicted of a criminal offense such as Driving Under the Influence and then later that the conviction was “set aside”. In order to be eligible for a set-aside, you cannot have served any jail time as part of your sentence, and you must have completed all terms of probation successfully and/or paid any fines and costs in full. A set aside can be extremely helpful when seeking new employment; however, it is not a magic wand which erases the conviction completely from your criminal record. Once a conviction has been “set aside”, you are not required to list that conviction on a job application; but employers who do extensive enough background checks will still see the relevant entries on your criminal history report. It is always a judgment call, but often times the best way to use a set aside is to help explain a situation, rather than hide it. If you have a past run-in with law enforcement that is currently haunting you or making it difficult to find work, consult with a criminal defense attorney nearby to decide whether any of the above options are a good idea for you.

Finding a Good Lawyer

1/1/20112:56:26 PM Link 0 comments | Add comment

attorney, Criminal Defense, DUI, Lawyer, lawyer search, Personal Injury

Finding a Lawyer

Unfortunately for most people, but fortunately for our office, most people need a lawyer in some form or fashion many times throughout their life.  This helps explain why sometimes it seems like one out of every three people you meet are some type of attorney.  When searching for a lawyer it is important to keep in mind why it is you need help in the first place, as well as what exactly you want your attorney to help you with.  Some lawyers will offer services that you do not need or want.  In the alternative, maybe you would like additional help than what is being offered.  Make sure when meeting with prospective legal counsel to voice these requests so you know exactly what services are being offered.  My practice focuses almost entirely on car accident injury cases, criminal cases and DUI defense; therefore any examples used in this post will likely refer to one of those three areas.

Budget
It is always good to keep a budget in mind; sometimes you get what you pay for, but other times you simply pay for what you got.  Now, this is not applicable to personal injury cases (i.e. car accidents, truck accidents, motorcycle accidents), where most cases are taken on a contingency fee basis.  However, when hiring a criminal lawyer or dui attorney, the harsh reality is not everyone has the same resources, and thus, not everyone can pay for the same legal services.  Unlike other major purchases in life, most people do not plan ahead for attorney fees.  In other words, more money does not always mean a better product or better service.  And again, make sure you know what you are paying for.  As an example, say you hire an attorney to represent you because you were arrested for DUI.  You and the lawyer agree that in return for representation on your DUI, you will pay a flat fee of $1,000.00 up front (relatively standard fee for a DUI first offense in Omaha, NE).  Does this fee cover all hearings?  What are “all hearings”?  Does the fee include representation for your Administrative License Revocation (ALR) hearing with the DMV?  Does the fee include showing up for additional hearings while you are on probation, such as show cause hearings and probation checks?  If you choose to be a knucklehead and violate your probation, does the fee include services for representation on the your probation violation charge?  These are all the types of questions you need to ask when looking to hire a lawyer.  Obviously, not these exact questions, unless you were recently cited for DUI, but you get the idea.  Often, you can negotiate exactly what services you would like.  This could mean an increase in fee if the services negotiated for are outside the ordinary; or it could mean a reduction in fee, if there are certain tasks you do not wish your lawyer to perform, but usually come standard.  The bottom line is that in most situations it is important to discuss both fees and services in detail before officially forming an attorney-client relationship.

Where do I Begin?
The first place most people will look when they are in need of legal counsel is to their family and friends.  Not everyone has an attorney in his or her family, but most people have at least had some experience with one, and if the experience was good, that lawyer may serve as at least a good starting place in your lawyer search.  Whether you are shopping for a lawyer or any other type of service provider, using the people you know as a starting point is always a good idea.  And remember, if you are looking for a criminal lawyer or personal injury attorney, but only are familiar with an estate planning attorney, give that person a call.  Most likely he or she will know other lawyer who practice in the areas of law you are looking for, and most times he or she will be willing to give you some referrals to serve as a starting point in your lawyer search.

The next place people will often go is the Internet.  Most prefer the Internet over the phone book for obvious reasons.  Online websites and lawyer profiles typically offer a person more insight into the law office they are researching.  Where ads in the yellow pages are usually overwhelming in number, as well as limited in information; online resources are able to provide pictures, background information and client reviews or testimonials.  

The last place people will go, usually because they feel they have nowhere else to go, is the phonebook.  Even when using the phonebook or an online lawyer directory, it is a good idea to visit websites and review client reviews before setting up any intial consultations.

How do I Decide?
Well, it’s not easy.  Again, as mentioned above the most important thing is to be comfortable with the person who will be representing you.  You need to feel confident that you can trust your attorney, and that you understand exactly what it is your attorney is going to try to do for you.  A few suggestions to take into account when interviewing prospective lawyers are referenced above; however, there are endless other issues to keep in mind depending on what is important to you; things as basic as location, office hours, direct access, support staff, size of the firm, and so on.  Searching for the right attorney does not have to be as complicated and daunting as some make it out to be.  The key is to do a little preparation ahead of time and make sure that you have a specific plan of action.