Tighe Law: Felony and Misdemeanor Theft Criminal Defense Lawyer

Showing posts with label Felony and Misdemeanor Theft Criminal Defense Lawyer. Show all posts

Saturday, May 2, 2015

Nebraska Penalties for Felony Driving During Revocation (Operating Motor Vehicle During Revocation Period) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation. Wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.

CONTENTS OF TODAY’S BLOG

Today’s topic will be Penalties for Felony Driving During Revocation in Nebraska

http://nebraskalegislature.gov/index.php

Neb.Rev.Stat. § 60-6,197.06. Operating motor vehicle during revocation period; penalties.

(1) Unless otherwise provided by law pursuant to an ignition interlock permit, any person operating a motor vehicle on the highways or streets of this state while his or her operator's license has been revoked pursuant to section 28-306, section 60-698, subdivision (4), (5), (6), (7), (8), (9), or (10) of section 60-6,197.03, or section 60-6,198, or pursuant to subdivision (2)(c) or (2)(d) of section 60-6,196 or subdivision (4)(c) or (4)(d) of section 60-6,197 as such subdivisions existed prior to July 16, 2004, shall be guilty of a Class IV felony, and the court shall, as part of the judgment of conviction, revoke the operator's license of such person for a period of fifteen years from the date ordered by the court and shall issue an order pursuant to section 60-6,197.01. Such revocation and order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

(2) If such person has had a conviction under this section or under subsection (6) of section 60-6,196 or subsection (7) of section 60-6,197, as such subsections existed prior to July 16, 2004, prior to the date of the current conviction under this section, such person shall be guilty of a Class III felony, and the court shall, as part of the judgment of conviction, revoke the operator's license of such person for a period of fifteen years from the date ordered by the court and shall issue an order pursuant to section 60-6,197.01. Such revocation and order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

How much time in Jail can I receive for being convicted of a Felony in the State of Nebraska?

Class IV Felony

If Convicted of a Class IV Felony you face:

Maximum of up to five (5) years imprisonment and/or up to a $10,000.00 fine or both.

Class III Felony

If Convicted of a Class III Felony you face:

Maximum of up to Twenty (20) years imprisonment or up to a $25,000.00 fine or both.

Minimum imprisonment of one (1) year.

(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.

Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.

The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Wednesday, March 11, 2015

Nebraska Penalties for Leaving the Scene of a Personal Injury Accident (Hit and Run) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

CONTENTS OF TODAY’S BLOG

Today's topic will be leaving the scene of a personal injury accident also commonly known as hit and run.

There are two forms of hit and run in the State of Nebraska:

Leaving the Scene of a Property Damage Accident (Which was discussed in a previous Blog); and
Leaving the Scene of a Personal Injury Accident (Which is the subject of today's Blog).

http://nebraskalegislature.gov/index.php

Neb.Rev.Stat. § 60-697. Accident; driver's duty; penalty.

(1) The driver of any vehicle involved in an accident upon either a public highway, private road, or private drive, resulting in injury or death to any person, shall (a) immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved, (b) give his or her name and address and the license number of the vehicle and exhibit his or her operator's license to the person struck or the occupants of any vehicle collided with, and (c) render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.

(2) Any person violating any of the provisions of this section shall upon conviction thereof be punished as provided in section 60-698.

Neb.Rev.Stat. § 60-698. Accident; failure to stop; penalty.

(1) Any person convicted of violating section 60-697 relative to the duty to stop in the event of certain accidents shall be guilty of (a) a Class IIIA felony if the accident resulted in an injury to any person other than a serious bodily injury as defined in section 60-6,198 or death or (b) a Class III felony if the accident resulted in the death of any person or serious bodily injury as defined in section 60-6,198.

(2) The court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of not less than one year nor more than fifteen years from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later.

*Operating a Motor Vehicle During Periods of Revocation is a Crime

How much time in Jail can I receive for being convicted of a Felony in the State of Nebraska?

Class IIIA Felony

If Convicted of a Class IIIA Felony you face:

Maximum of up to five (5) years imprisonment and/or up to a $10,000.00 fine or both.

Class III Felony

If Convicted of a Class III Felony you face:

Maximum of up to Twenty (20) years imprisonment or up to a $25,000.00 fine or both.

Minimum imprisonment of one (1) year.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Nebraska Penalties for Leaving the Scene of an Accident (Hit and Run) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

CONTENTS OF TODAY’S BLOG

Today's topic will be leaving the scene of a property damage accident also commonly known as hit and run.

There are two forms of hit and run in the State of Nebraska:

Leaving the Scene of a Property Damage Accident (Which is discussed below); and
Leaving the Scene of a Personal Injury Accident (Which will be the subject of a future Blog).

http://nebraskalegislature.gov/index.php

Neb.Rev.Stat. § 60-696. Motor vehicle; accident; duty to stop; information to furnish; report; powers of peace officer; violation; penalty.

(1) Except as provided in subsection (2) of this section, the driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to property, shall (a) immediately stop such vehicle at the scene of such accident and (b) give his or her name, address, telephone number, and operator's license number to the owner of the property struck or the driver or occupants of any other vehicle involved in the collision.

(2) The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to an unattended vehicle or property, shall immediately stop such vehicle and leave in a conspicuous place in or on the unattended vehicle or property a written notice containing the information required by subsection (1) of this section. In addition, such driver shall, without unnecessary delay, report the collision, by telephone or otherwise, to an appropriate peace officer.

(3)(a) A peace officer may remove or cause to be removed from a roadway, without the consent of the driver or owner, any vehicle, cargo, or other property which is obstructing the roadway creating or aggravating an emergency situation or otherwise endangering the public safety. Any vehicle, cargo, or other property obstructing a roadway shall be removed by the most expeditious means available to clear the obstruction, giving due regard to the protection of the property removed.

(b) This subsection does not apply if an accident results in or is believed to involve the release of hazardous materials, hazardous substances, or hazardous wastes, as those terms are defined in section 75-362.

(4) Any person violating subsection (1) or (2) of this section is guilty of a Class II misdemeanor. If such person has had one or more convictions under this section in the twelve years prior to the date of the current conviction under this section, such person is guilty of a Class I misdemeanor.

As part of any sentence, suspended sentence, or judgment of conviction under this section, the court may order the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court. If the court orders the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court, the court shall also order that the operator's license of such person be *revoked for a like period.

*Operating a Motor Vehicle During Periods of Revocation is a Crime

How much time in Jail can I receive for being convicted of a Misdemeanor in the State of Nebraska?

Class I Misdemeanor

If Convicted of a Class I Misdemeanor you face:

Maximum of up to one (1) year imprisonment (jail) or up to a $1000.00 fine or both.

Class II Misdemeanor

If Convicted of a Class II Misdemeanor you face:

Maximum of up to six (6) months imprisonment (jail) or up to a $1000.00 fine or both.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Friday, February 6, 2015

Nebraska Penalties for DUI (Drunk Driving) Nebraska #CriminalDefenseAttorney

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.

There are two components of a typical Nebraska Dui.

1. Administrative License Revocation (ALR- Through Nebraska DMV)

2. Criminal Component (Court)

Today’s blog will briefly discuss the Administrative License Revocation (ALR- Through Nebraska DMV) component of a typical Nebraska Dui (With a brief re-cap of potential penalties for:

1. First Offense Dui;

2. First Offense Aggravated Dui;

3. Second Offense Dui; and

4. Second Offense Aggravated Dui.

When pulled over and cited for a Dui, in the State of Nebraska, typically the officer will immediately confiscate the Defendant’s driver’s license and the officer will give the Defendant a sheet of paper which will serve as the Defendant’s Temporary Driver’s License and will provide basic and general information regarding Nebraska’s Administrative License Revocation (ALR).

This temporary driver’s license (if you are eligible) is only valid for fifteen (15) days- which is why time is critical in every criminal case. It is vital that the defendant contact an experienced criminal defense lawyer, like David Tighe, to immediately prepare a comprehensive legal strategy to attack the charges.

In general, for a first offense Dui in Nebraska, the revocation ordered by the DMV will be for 180 days. If the Defendant refuses to take the breathalizer test, the DMV will revoke the Defendant’s driver’s license for a one (1) year period of time.

In certain situations the Defendant MAY want to contest the DMV revocation. This decision should be carefully considered due to the potential legal ramifications. For example “If you file a petition for the Administrative Hearing, you will not be eligible for the Ignition Interlock Permit, unless ordered by the court for the Driving Under the Influence related offense.” Additionally, if you choose to contest the Administrative License Revocation (ALR), the petition MUST be mailed within 10 days of “Notice being served to the driver.”

These deadlines are set in stone (if you miss a deadline-This COULD affect your privileges and rights) -which is why time is critical in every criminal case. It is vital that the defendant contact an experienced criminal defense lawyer, like David Tighe, to immediately prepare a comprehensive legal strategy to attack the charges.

*Some of this above listed information MIGHT be able to be found at http://www.dmv.nebraska.gov/

What are the Penalties for Dui in the State of Nebraska?

Will I go to jail for a first offense Dui in the State of Nebraska?

The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a DUI in Omaha, Douglas County or Sarpy County or Washington County Nebraska or any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.

What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?

First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.

Maximum Penalty: 60 days in jail. The Court will order that your drivers license is revoked for 6 months license (The DMV will revoke your license also, however I will address the DMV portion of a typical DUI in a future blog). The Court will order a $500 fine (not including additional court costs and fees)

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine

The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.

If The Court Grants Probation: There will be no “up-front” Jail sentence, however you will be ordered to a term of probation and the Court will revoke your driver’s license for 60 days and order a $500 fine (not including court costs and fees and probation fees).

The court requires the person to apply for an ignition interlock.

What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?

Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 90 days in jail

1 year license revocation

$500 fine (Not including Court Costs, fees etc, etc).

Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

Monday, February 2, 2015

Nebraska Penalties for Theft (Theft by Unlawful Taking / Theft by Receiving Nebraska / Theft by Deception / Shoplifting) #CriminalDefenseAttorney

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.

Earlier today I read a few articles regarding thefts, everything from thefts of cell phones to larceny and embezzlement, and wanted to address a few issues regarding Nebraska law on thefts in general.

According to Nebraska Revised Statute § 28-510. Consolidation of theft offenses, Nebraska has consolidated many "theft' offenses. Specifically "Conduct denominated theft in sections §§28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like."

Therefore, while defendants are still charged with "theft by receiving stolen property" or "theft by deception" under State v. Miner, 273 Neb. 837, 733 N.W.2d 891 (2007) when read Read in conjunction with § 28-510. Consolidation of theft offenses, theft by unlawful taking under section §28-511 is the same offense as theft by receiving stolen property under section §28-517.

However, as a defendant, when you are charged with a theft crime, the State will charge a specific crime (i.e., "theft by unlawful taking" or "shoplifting" or "theft of property lost, mislaid, or delivered by mistake, " etc, etc.) and that specific charge will correlate with the specific Nebraska Revised Statute. In other words, if someone is alleged to commit a shoplifting, the State will charge the Defendant with §28-511.01. Theft by shoplifting- and the State will be required to prove each and every element of that specific statute beyond reasonable doubt.

What are the Penalties for Theft in the State of Nebraska?

Nebraska Revised Statute §28-518. Grading of theft offenses;

(3) Theft constitutes a Class I Misdemeanor when the value of the thing involved is more than two hundred dollars, but less than five hundred dollars.

Class I Misdemeanor

If Convicted of a Class I Misdemeanor you face:

Maximum of up to one (1) year imprisonment (jail) or up to a $1000.00 fine or both.

(4) Theft constitutes a Class II Misdemeanor when the value of the thing involved is two hundred dollars or less.

Class II Misdemeanor

If Convicted of a Class II Misdemeanor you face:

Maximum of up to six (6) months imprisonment (jail) or up to a $1000.00 fine or both.

*(However, for any second or subsequent convictions the penalties increase)

** In future blogs I will explain in greater detail "theft" and Felony Theft and the various penalties.

Will I go to jail for "theft" in the State of Nebraska?

The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a 'Theft' in Omaha, Douglas County any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.

Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights