Being arrested and charged with a DUI in Omaha Nebraska can be a frightening experience. From the time you saw the red lights to the moment the officer placed you in handcuffs,a number of questions likely raced through your head. How will I explain this to my family? Who will get me out of jail? What will happen to my job? What happens next? If you have never been charged with a crime before, you may know very little about the criminal process. As a defendant in a DUI case, a basic understanding of the Omaha DUI criminal process is essential.
At Petersen Law Office we understand the feelings of confusion and loss of control that typically accompany being arrested. We feel strongly that as a defendant in a DUI case you should be well-informed and that you should actively participate in your defense. To do that, you must understand the process. For a free evaluation of your Omaha DUI case contact the Omaha DUI team by calling 402-393-8080 or take a moment to fill out our online contact form.
The 5 Steps in Your Omaha DUI Case
Although each Omaha DUI case includes a unique set of facts and circumstances, there are some common steps involved in the prosecution of any Omaha DUI case.
- Arrest. In most cases a DUI arrest is made at the time of the commission of the alleged crime or shortly thereafter; however, a DUI arrest can be made subsequent to a lengthy investigation that occurs prior to the arrest as well.
- Arraignment. Normally you will be given a ticket and released. The ticket shows your arraignment date. In more serious cases, you will typically have your first court appearance within 48 hours of your arrest to set a bond amount. If you are released from custody within that time frame, your initial appearance may be postponed. At your arraignment the judge (or magistrate) will explain your charges and your rights to you. You will enter an initial plea in the case and the judge may discuss your bond amount if you are still in custody.
- Discovery. During this step both the prosecution and the defense will exchange evidence and information regarding the case with each other.
- Plea Negotiations. The prosecutor will likely offer you a plea agreement. A plea agreement requires you to plead guilty in exchange for a reduction in charges or a recommended sentence. Your attorney may enter into negotiations on your behalf if you are interested in discussing a plea agreement as a possible resolution to the case.
- Trial. If your case is not resolved through a plea agreement, it will proceed to trial. You may elect to have a jury decide your case or you may waive your right to a trial by jury and have the judge alone hear your case..
At Petersen Law Office we are committed to defending our clients throughout the prosecution of their case and beyond. As part of that commitment we believe in keeping our clients well informed throughout the life of their Omaha DUI case. For a free initial consultation for your Omaha, Cass County or Sarpy County, Nebraska DUI case, contact the team today by calling 402-393-8080 or fill out our online contact form. If you have a loved one who has recently been arrested for a DUI and you wish to discuss his or her release, be sure you mention our 24-hour Jail Release Assistance service when you call. In many cases we can arrange to have bond set and your loved one released in a short period of time.