Practice Areas

Drug Offenses

Drug Offenses

Dunn Law Specializes in Possession Charges

It is no secret that law enforcement agencies in Nebraska are all on the lookout for rental cars and cars from other states on I-80. Law enforcement knows that marijuana purchased legally in Colorado is being driven to Nebraska and through Nebraska to other destinations. The constitutional and statutory principles that apply to interstate interdiction cases are the very same legal principles applicable to any other type of criminal prosecution. Specifically, in interdiction cases, there is a traffic stop followed by a detention of your person, vehicle and belongings (meaning you are not free to leave) and ultimately a search of your person, vehicle and belongings.

The law requires the police to justify those intrusions into your privacy, and they are often unable to do so.

A typical interdiction case begins with a traffic stop of a car on the interstate. The officer will likely tell you he pulled you over because you committed some minor traffic violation (following too closely seems to be the current favorite). You will then be asked to take a seat in the cruiser while the officer runs your record and issues you a “courtesy citation.” During the wait, the officer will engage you in conversation. He or she will likely question you as to where you are going, length of stay, who you were seeing – general nature and purpose of travel questions. The officer will ask the same questions repeatedly trying to get you to provide inconsistent answers.

Finally, the officer will tell you your business with him is finished, issue you a “courtesy citation,” and the officer might even say, “you are free to leave.”  Before you are out of the cruiser, however, the officer will ask if you have a few minutes to answer a few more questions; the last one being, “do you mind if I search your car.” Regardless of your answer to that question, your car WILL be searched, even if further detention on the side of the road is necessary to wait for a drug sniffing dog to arrive.

Make no mistake about it, you are absolutely being profiled. Profiling, however, is not against the law and the police are not prohibited from doing it. The police must establish legal justification for the initial stop, the continued detention beyond the stated reason for the traffic stop and ultimately the search, before any evidence may be used against you by the State. It is often the case that law enforcement officers fail to establish legal justification with regard to the stop, the detention and/or the search. 

 

Do not allow yourself to be victimized by police misconduct and overreaching. At Dunn Law, we will explain your rights to you, how your rights benefit you legally, and we will aggressively fight to defend them. Pat has been successfully representing people in interdiction cases and all other kinds of drug related cases for 25 years. Let him help you!

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D.U.I.

D.U.I

Driving Under the Influence

General Criminal Charges

DUI (driving under the influence) law in Nebraska has changed so quickly and so many times over the last ten years, it has been difficult for even the lawyers to keep up with it. Suffice it to say that Nebraska trial courts and the Nebraska legislature have made it clear that drunk driving in this state is to be treated as a very serious offense. Penalty ranges start at 60 days in jail on a first offense and go up to the possibility of 50 years in prison for an aggravated offense with numerous similar prior convictions. When you choose Dunn Law, you are choosing an attorney who has years of experience, who has carefully followed the many changes in DUI law over the last 10 to 15 years and who has represented literally thousands of people in DUI cases.

There are numerous problems you might encounter in any DUI prosecution in Nebraska. First, DUI convictions can be enhanced with prior similar convictions within the last 15 years. Every prior conviction in that period increases the sentence and penalty range for the current prosecution. Even a conviction for a second offense will require the court to impose a sentence which includes at least a 10-day jail term. Jail terms, fines and probation terms of course increase with each prior conviction.

In addition, within every offense grade, the legislature has added an aggravating factor. If you are arrested for DUI and your breath alcohol concentration is greater than .15, again, the penalties increase. For instance, that same second offense DUI that carries a minimum 10-day jail sentence if you test below .15 carries a 30-day jail term if you test above .15. An aggravated third offense constitutes a felony in the State of Nebraska. Aggravators and enhancements significantly impact the sentence to be imposed and they can have an enormous impact on your life.

The court, upon any conviction for DUI, will also revoke your license for a period of 6 months on a first offense, up to a maximum of 15 years on most other offense grades. Living in Nebraska, with limited public transportation options, a license revocation is quite a burden for the average person. Even with an ignition interlock, it is inconvenient, embarrassing and expensive.

At the same time the criminal prosecution is pending, the Department of Motor Vehicles will institute its own administrative prosecution against your driving privilege. The administrative proceeding by the DMV is in addition to the criminal proceeding. They are two separate, unrelated proceedings, and you will be subject to both revocations. The DMV will revoke your operator’s license for a period of at least 6 months on a first offense , and 12 months for a subsequent offense. That revocation goes into effect 15 days after your arrest. The judicial revocation will not go into effect until the time of sentencing on the DUI charge.

When handling a DUI case, these and many more issues must be considered. Pat Dunn prosecuted DUI cases for years, and has been defending them for much longer. Whether it is a felony DUI or a misdemeanor, call Dunn Law to discuss your case. Pat’s experience, knowledge of the system and ability to consistently obtain the best possible outcome in DUI prosecutions mean he is your best choice when looking for a defense attorney.

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Criminal Practice

General

CRIMINAL PRACTICE

General Criminal Charges

Defending a criminal prosecution has become far more difficult and complicated in recent years. Law enforcement is always testing the limits of acceptable police tactics and procedures in the performance of their jobs. The legislature has changed the criminal law many times in recent years.  These changes have never afforded an accused person any greater protection from arbitrary police and prosecutorial conduct which can have a devastating impact on the outcome of the case and your life. And, of course, technology has provided law enforcement agencies with far better tools to find and collect evidence they will then use to build a case in the courtroom.

Pat has been trying cases and representing clients during this period of change. He represented people charged with murder because of a link between the crime scene and the client’s DNA when DNA evidence was in its early years of courtroom admissibility. He has successfully defended accused robbers despite eye witness identification. Pat has successfully defended clients charged with a variety of felony offenses, including burglary and aggravated assault, based on evidence from the State that the client’s cell phone was at the crime scene at the time of the offense. Facebook, Twitter, and text messaging are further sources of evidence that appear in cases Pat handles every day. He has seen it all and he knows how to handle it – right down to the old-fashioned jailhouse informant.

Convictions for misdemeanor offenses can have a significant impact in a person’s life as well. Aside from jail time that could be imposed, there are misdemeanors in Nebraska that can result in the revocation of your driver’s license for 15 years. A misdemeanor conviction could require registration on the Nebraska Sex Offender Registry for years. A misdemeanor conviction for an alleged act of domestic violence could result in your inability to lawfully own or possess guns or ammunition, including rifles and shotguns used only for hunting. When you choose Dunn Law, your misdemeanor charge will be handled with the same degree of aggressive, experienced professionalism as any other case Pat handles.

 

Dunn Law is a practice dedicated to and specializing in the defense of criminal prosecutions. We encourage you to call Pat and discuss your case, or fill out the online questionnaire and Pat will contact you. We even encourage you to shop around for other opinions. At Dunn Law, we are confident you will make the choice that is right for you.

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