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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.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.