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The Steps to Take if You're Faced with a Drug Charge

Robert Stahle • January 9, 2018
Drug Charges - Felony Drug Offense Attorney - Fitch & Stahle Law Firm - Sioux City - IA

Many people who are arrested on a felony drug offense believe that they should immediately start talking to law enforcement officials, but that may be the worst thing you could do. Instead, here are the exact steps you should follow after you are taken into custody on a drug charge.

Exercise Your Right To Remain Silent

Police officers and detectives may try to intimidate you into talking to them when you are in an interrogation room, but the only thing you should do is invoke your right to an attorney.

If you do so, the police must stop questioning you about anything related to your case. If they violate that law, you can use that against them after you hire a lawyer.

Hire an Experienced Defense Lawyer

After you have invoked your right to remain silent, you should contact a family member to hire a criminal defense attorney to represent you before your first court hearing.

This is important, because an attorney can help ensure that you receive an appropriate bail amount, and help you decide what type of plea you will enter when you face a judge at the first hearing, which is known as an arraignment .

The lawyers at Fitch & Stahle have years of experiencing handling drug cases in the Sioux City area. Whether you’re facing a misdemeanor or felony charge, we’ll get you the help that you need.

Understand the Charges Against You

After you have hired a lawyer, he or she will inform you about all the drug charges you are facing. This is important, because there is a big variation between drug possession charges, drug distribution charges, and drug manufacturing charges.

And if you were arrested while trying to sell drugs to minors, or if you gave drugs to someone who sold those drugs to minors, you may be facing a lengthy prison sentence.

In fact, the judge who you see at your first hearing will ask you whether you understand all the charges against you, which is why it’s vital that you hire a lawyer to explain the consequences of each of those charges.

Attend a Pre-Trial Conference

You and your lawyer will then attend a pre-trial conference, where your lawyer may engage in negotiations with the prosecutor to determine whether you are going to challenge some of the evidence, or challenge the legality of your arrest.

It is also the meeting where your lawyer and the prosecutor may be able to negotiate for a lesser sentence in exchange for a guilty plea. This can save the state time and money on a trial, and may also benefit you by providing alternatives such as probation.

If your lawyer is unable to come to an agreement with the prosecutor, however, or if your lawyer advises you to fight the charges, a trial day may be set.

The Importance of An Aggressive Defense Lawyer

If you’ve been arrested on a drug charge , or you are under suspicion of a drug offense, please call the Fitch & Stahle Law Office at (402) 494-3012 to schedule a free consultation.

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