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5 Things Your Sioux City Defense Attorney Wishes You Knew

Robert Stahle • June 14, 2021
Three books are stacked on top of each other on a table

Watching shows like CSI and Law and Order doesn’t make the everyday person a legal expert. Unfortunately, popular entertainment such as this can provide a misrepresentation of what defense attorneys do and can also create myths about the criminal justice system. The more that you know about the legal system, the more that our defense lawyer can help to protect your interests in a court of law.

Here at Fitch & Stahle Law Office, our criminal defense attorneys understand that the legal system is complicated, and regular people cannot be expected to know all facets of the law. However, knowing a few basic facts can be beneficial to everybody involved.

You Don’t Have to Speak to Law Enforcement

Though police officers and other members of law enforcement may pressure you to speak at the site of the arrest, it is your constitutional right not to speak. If you say something that is not in your interest, it can and will be used against you in a court of law. The fact of the matter is that you should not speak to law enforcement with your attorney present at the scene.

Ignorance is Not a Defense

If you break the law, playing ignorant will not hold up in court. While the average citizen sometimes behaves as if ignorance of the law is an adequate defense, most judges will not hear it. Most lawyers wish that clients would understand the potential consequences of engaging in risky behavior and understand that the legal system often disregards ignorance of the law as a possible defense.

Lawyers Cannot Change the Law

While lawyers may be expert negotiators and interpreters of the law, they cannot change how the law works. Some people misunderstand what a lawyer can and cannot do. A lawyer’s job is to argue the facts and how the law should be applied to a client’s circumstances. However, they cannot change the facts of the case. For instance, if the client doesn’t purchase uninsured motorist insurance and gets hit by an uninsured motorist, the lawyer cannot make the insurance company pay damages.

There is No Value in Arguing Your Case to the Arresting Officer

If a police officer is serving you an arrest warrant, it doesn’t matter if they think you are innocent or guilty because the warrant gives them the proper cause to arrest you. Thus, there’s no point in arguing your case with the police officer because the only thing that could happen is you will make incriminating statements that can cause problems for you later.

The State Decides Whether to Prosecute a Case, Not the Victim

Many people believe that they cannot be prosecuted for a crime unless the alleged victim chooses to press charges. This is untrue, as the prosecuting authority, typically the State’s or District Attorney’s Office, decides as to whether or not suspected criminal acts will be prosecuted.

Contact our Siouxland Defense Attorneys

When you are facing legal trouble, contact the experienced criminal defense attorneys here at Fitch & Stahle Law Office. Reach us at 402-494-3012.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.