Most people do not think about the intricacies of the legal system until they are faced with the need to consult or retain an attorney. Whether you are being prosecuted for a crime or are dealing with the aftermath of an accident, a knowledgeable attorney can play a key role in navigating the complexities of the Nebraska criminal or civil courts. Harry A. Hoch, III has the skills and experience to handle criminal, personal injury, and workers’ compensation matters throughout Douglas and Sarpy Counties from his office in downtown Omaha.
Being charged with a crime is often a harrowing experience, and you may be uncertain of where to turn or what to do. One of the first steps to take is to consult an attorney to ensure that your rights are adequately protected. A skilled attorney can investigate whether the arresting officers and prosecution adequately apprised you of your rights and properly handled your arrest and the collection of any evidence that may be used against you. If your arrest was not handled in the correct manner, resulting in the violation of your rights or the contamination of evidence, your attorney may be able to argue that the charges against you should be dismissed due to procedural defects.
A knowledgeable criminal defense attorney in Omaha will also know the nuances of the applicable laws and will be able to analyze the strengths and weaknesses of your case. In some cases, it may be in your best interest to accept a plea to a reduced charge and avoid the risk of harsher penalties. In other cases, your attorney may determine that the prosecution is not offering a fair plea bargain or is unlikely to prove the charges against you beyond a reasonable doubt, and they may advise you to proceed to trial. Harry A. Hoch, III has the knowledge and experience necessary to provide you with a vigorous defense.DUI
Under Nebraska law, if you are of legal drinking age, you can be charged with DUI if your blood alcohol level is .08% or higher. If you are under 21, you can be charged with DUI if your blood alcohol level is .02% or higher. Nebraska is an implied consent state, which means that if you are stopped due to suspicion of DUI and refuse to submit to chemical testing, you face fines and an automatic suspension of your driver’s license for one year.
Even if it is your first offense, a DUI conviction can result in severe penalties, including jail time and the loss of your license. If you are charged with a second or subsequent DUI, you may face increased penalties and fines. Additionally, you may be required to have an ignition interlock device installed in your vehicle. Depending on the facts of your case, an Omaha criminal defense attorney may be able to negotiate with the prosecution to reduce a DUI charge to a lesser charge or to persuade the prosecutor or judge to dismiss the charge.Drug Crimes
Under Nebraska law, you can be charged with a variety of crimes arising out of the possession, manufacturing, cultivation, trafficking, and distribution of drugs. Drug crimes are not limited to cases involving illicit drugs, such as cocaine, heroin, and methamphetamines. They may arise out of abuse of the prescription system or the inappropriate distribution of prescription drugs, such as prescription painkillers. If you are charged with a drug crime, you may face severe penalties if you are convicted. The penalties imposed depend on the type and amount of drugs involved.
In defending against drug crimes, it is important to analyze whether the arresting officers violated your Fourth Amendment right against unreasonable searches and seizures. If so, the evidence obtained against you may be inadmissible. A criminal defense lawyer in the Omaha area can file a motion to have the evidence suppressed, which may be devastating to the prosecution’s case.Misdemeanors
Many people believe that since misdemeanors are lesser crimes that do not carry penalties as harsh as felony charges, they are not cause for concern. Misdemeanor charges are not to be taken lightly, however, and depending on the charges, you may face both imprisonment and significant fines if you are convicted. Under Nebraska law, there are seven classes of misdemeanors, with Class I misdemeanors being the most serious. The penalties imposed on a person convicted of a Class I misdemeanor can include incarceration of up to one year and fines of up to $1,000. If you are charged with a misdemeanor, you may be eligible for pre-trial diversion, depending on the nature of the crime and your criminal history. Pre-trial diversion may result in the charges against you being dropped. You should contact an Omaha criminal defense lawyer as soon as possible to craft your best available defense under the circumstances.Personal Injury
In addition to defending the citizens of Omaha and the surrounding areas against criminal charges, Harry A. Hoch, III represents accident victims in personal injury claims. People who sustain injuries due to the negligence of others may find themselves unable to work and may be faced with medical bills and other injury-related expenses. If you are injured through no fault of your own, you may be entitled to compensation from the responsible party. It is important to act promptly in consulting a personal injury attorney, however, since there are statutes of limitations that govern the time period in which you can bring certain claims.Car Accidents
Nebraska is a fault state when it comes to car accidents. What this means is that to recover damages, you may file a claim with either your insurance company or the insurance company of the other driver involved in the accident, or you may file a lawsuit against the other driver. You are only entitled to recover damages if you can prove that the other driver was at fault. If you prevail in your case, you may be able to receive compensation for medical expenses, lost income and earning capacity, pain and suffering, property damage, and other losses.Trucking Accidents
Trucking accidents differ from ordinary car accidents in many ways. They generally involve more substantial injuries and property damage. Additionally, there are numerous laws and regulations that set forth obligations for truck drivers and the companies that employ them, in addition to the standard motor vehicle and traffic codes that apply to all Nebraska drivers. For example, truck drivers are limited in the amount of time that they are allowed to operate a vehicle, and they must undergo periodic drug and alcohol testing. Retaining an attorney who is proficient in the laws and regulations pertaining to the trucking industry is important in constructing a case that will allow for your maximum recovery.Premises Liability (Slip and Falls)
Business owners have an obligation to provide a safe environment for customers and any other visitors to their property. Unfortunately, business owners often fall short of meeting this obligation, resulting in injuries on their premises. One of the most frequent causes of injuries at a business property is a slip and fall accident. Under Nebraska law, if a person is injured in a slip and fall accident at a business, the business is liable if it created the dangerous condition, or if it knew or should have known through the exercise of reasonable care about the dangerous condition.Workers’ Compensation
If you sustain an injury or illness due to conditions at your workplace, you may be uncertain as to the rights that you have or the course of action that you should take to ensure that you are adequately compensated. Under the Nebraska Workers’ Compensation Act, most individuals who are injured in the workplace or suffer from an occupational illness are entitled to recover benefits through their employer. Your employer likely has workers’ compensation insurance, which will provide wage replacement and medical benefits, as well as temporary or permanent disability benefits if you are found to be an eligible candidate. In exchange for receiving workers’ compensation benefits, you are precluded from filing a civil action against your employer.Consult a Criminal Defense Attorney in Omaha or Surrounding Communities
Harry A. Hoch, III is familiar with the complexities of the Nebraska criminal and civil court systems and has the experience necessary to assist people facing criminal charges or seeking recovery for their injuries. He represents residents of Omaha, Elkhorn, Bellevue, Gretna, La Vista, Papillon, Lincoln, Fremont, Plattsmouth, Blair, and Wahoo, as well as other communities in Douglas, Sarpy, Lancaster, Dodge, Cass, Washington, and Saunders Counties. To arrange a free consultation to discuss your situation, contact us at (402) 986-7858 or online.