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  • Criminal Case Prosecutions in Omaha, Nebraska

    11/21/201110:53:17 AM Link 0 comments | Add comment

    criminal, criminal defense, criminal law, criminal procedure, Douglas County Attorney, Driving Under the Influence, DUI, felony, Omaha City Prosecutor, Prosecution, trial, U.S. Attorney

     

    There are three offices in Omaha that prosecute crimes: (1) The Omaha City Prosecutor's Office; (2) The Douglas County Attorney's Office and (3) The U.S. Attorney's Office.  The Omaha City Prosecutor's Office handles prosecution of all misdemeanor offenses that are committed in Omaha or Douglas County (i.e. DUI's, misdemeanor assaults, traffic offenses, etc.).  The Douglas County Attorney's Office handles the prosecution of all felony offenses that occur within Douglas County, as well as all domestic violence crimes (i.e. murder, robbery, drug possession, felony DUI, domestic assault, etc.).  The U.S. Attorney's Office handles the prosecution of all federal crimes that take place within the District of Nebraska.

     

    Often times, there is an overlap in jurisdiction between the Douglas County Attorney and the U.S. Attorney.  This happens most often in drug trafficking cases.  If you are being prosecuted for a misdemeanor driving under the influence charge or a simple assault and battery in Omaha, Nebraska, you are likely being prosecuted by the City Prosecutor's Office.  If you are charged with a felony offense such as felony driving under the influence, felony theft, drug possession or first degree assault, then you are likely being prosecuted by the Douglas County Attorney's Office.  If your criminal charges involve violation of a federal statute or transporting illegal items across state lines (most often guns or drugs), then you will be dealing with the U.S. Attorney's Office.

     

  • Hot Coffee Documentary Illustrates the Insurance Industries Goal of Limiting Access to the Judicial System

    11/11/20111:43:30 PM Link 0 comments | Add comment

    Accident Injury, claim, injury, injury claim, Personal Injury Lawyer, tort reform, trial

     

    We posted a long time ago in anticipation of this movie.  Now that Hot Coffee has been released and shown to audiences for a number of months, we are again suggesting people take a look at the work that Susan Saladoff and others did in creating a movie that gives a great depiction of what the current landscape of personal injury litigation looks like.  Hot Coffee does a good job of presenting the side of insurance claims and injury lawsuits that is most often not experienced by the general public.  The movie uses the famous McDonald's hot coffee case as a backdrop for further discussion on how the insurance industry and big business lobby and spend enormous amounts of money to sway public opinion in an effort to limit their liability exposure.

     

    http://www.hotcoffeethemovie.com/default.asp

     

  • Alternative Dispute Resolution and Mediation

    9/20/20119:21:12 PM Link 0 comments | Add comment

    accident, Accident Injury, alternative dispute resolution, arbitration, attorney, car accident, injury, injury claim, Insurance, mediation, Personal Injury, trial

     

    Most people have heard the term arbitration, but few people truly understand what alternative dispute resolution entails and what options are out there.  Arbitration is typically a word you hear mentioned in the news or you see when rapidly scrolling through a contract on itunes.   The truth is many civil cases, including car accident injury cases, are resolved through alternative dispute resolution. 

     

    The two most common types of alternative dispute resolution (ADR) are arbitration and mediation.  The main difference between the two is that arbitration is usually binding on the parties, whereas mediation is typically nonbinding and less formal.  Mediation can be a great tool for reaching settlement in inury cases where the parties have reached a stalemate.  During mediation a nonbiased person (mediator) serves as a go-between for the parties.  The mediator is usually trained in mediation practices and is often an attorney with experience in the area from which the dispute arises.

     

    Every mediation is different, and different mediators have different styles and different ways of doing things.  Many mediators use caucusing during their mediations.  Caucusing is where the parties to the mediation are separated and the mediator goes back and forth between the parties in an attempt to facilitate discussion and further negotiation.  The mediator will try to give an unbiased opinion as to how he or she views the case, and will carry information back and forth between the parties.  

     

    Mediation is a great tool for resolving legal disputes without trial  Having a knowledgeable unbiased party available to facilitate discussion and provide insight, combined with having both parties together at the same time to discuss settlement often times yields better results than the more adversarial trial process.  Furthermore, one of the best things about mediation is that it is nonbinding, and if either party is dissatisfied they can walk away at any time.

     

     

     

  • I accidentally missed my court date. What should I do?

    8/1/20119:14:04 PM Link 0 comments | Add comment

    attorney, civil, court, criminal, failure to appear, lawyer, trial

     

    It is not uncommon for people to miss court dates.  It is not advised, but nevertheless not uncommon.  It depends what type of hearing you missed (criminal, civil, arraignment, trial, etc.), but regardless, the first thing you should do is call your lawyer.  If you missed a hearing for a criminal or traffic proceeding, there is likely a capias (bench warrant) for your arrest.  You will need to have your case brought back into court so the judge who ordered the arrest warrant can cancel it.  If you missed a prove-up hearing on a civil matter, there is a good chance the judge ruled against you.  The worst thing you can do after missing court it put it off.  If you missed court, get your rear end to your atorney's office and have he or she get you in front of a judge as soon as possible.

     

     

  • Jury Trial vs. Bench Trial

    1/13/20118:50:32 PM Link 0 comments | Add comment

    attorney, criminal, criminal procedure, jury, lawyer, trial

     

    Am I entitled to a Jury Trial?
    When you are charged with a criminal offense, you typically have two options, trial or plea. You can either proclaim your innocence and take your chances at trial; or your criminal lawyer can work a plea agreement with the prosecution, and you can enter a plea of guilty or no contest in accordance with the plea agreement. If you are charged with a criminal offense which is punishable by more than six months in jail, you are entitled to a trial by jury. 
     
     
    What is a Bench Trial?
    The alternative to a jury trial is a bench trial. A bench trial is a trial to the judge. In a jury trial the judge will determine any questions of law and the jury will decide all issues of fact. In other words, the judge decides what evidence is allowed at trial and the jury decides whether or not you are guilty. 
    In a bench trial, there is no jury. It is the judge’s job to decide all issues. In a bench trial the judge still decides issues of law such as evidence and procedure; however, the judge also makes all factual determinations. There are some situations in which there is no right to a jury trial (i.e. misdemeanor crimes that are not punishable by more than six months in jail, juvenile proceedings, etc.).
     
     
    Should I Have a Jury Trial?
    Whether or not you should exercise your right to a jury trial depends greatly on the facts of your criminal case. There can be advantages to having a judge determine your guilt in a criminal trial; however, in most situations a jury trial is preferred when available. One reason for this is that jury verdicts in criminal trials must be unanimous (for a guilty verdict to be entered every single juror must agree that you are guilty). It is usually easier to convince one person out of twelve, or one person out of six, that you are not guilty rather than one person out of one.  Either way, if you are currently facing criminal charges, discuss your options with your defense lawyer.  Whether you are on trial for a serious assault, drug charges or a DUI; whether or not it is in your best interests to proceed with a jury trial is something that should definitely be discussed with your lawyer.
     

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