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What to Do if You’ve Been Wrongfully Accused of a Crime 

Robert Stahle • September 7, 2018
wrongfully accused of a crime - Fitch & Stahle Law Firm

Our justice system was put into place to protect society from those that commit crimes and cause harm to others, and for the most part it does its job. Unfortunately, no system is without failures, and occasionally an innocent person will be wrongfully accused and need to defend themselves against a crime they didn’t commit.

While statistics on the overall rate of wrongful convictions are sparse, one studyshows the false conviction rate for defendants who’ve been sentenced to capital punishment exceeds 4%. This number tells us that not only do false convictions occur, but they can also carry dire consequences for the wrongfully accused defendant. If you are innocent, yet find yourself facing criminal charges, it’s crucial to take steps to defend your freedom.

You Have the Right to Remain Silent

The Fifth Amendment of the United States Constitution protects citizens from being compelled to be a witness against themselves. The Miranda Rights were put into effect to prevent law enforcement from forcing or coercing the accused into giving up this right. Step number one when wrongfully accused is to use your right to remain silent.

No matter how innocent the questioning may seem, it’s important to not say anything without a defense attorney present. Chances are that you’ll already be nervous, and emotions will be running high. One incorrect detail or inconsistency in your retelling of events can later be used to establish your involvement. Remaining silent doesn’t make you look guilty, it means you’re smart.

Hire a Defense Attorney

Not hiring a criminal defense attorney is a critical mistake that too many innocent defendants make. At first glance it might seem like the facts will come to light and everything will work out. After all, if you’re innocent, how can the prosecution possibly prove guilt?

It’s important to remember that in a criminal trial, the prosecution is required to prove beyond a reasonable doubt that you committed the crime. In some cases, evidence and testimony can be presented in such a way that eliminates reasonable doubt. The fact is, you never know what you’re up against in a criminal case.

Additionally, a defense attorney will understand the prosecution’s perspective and is well equipped to guide you in how to best proceed with your case.

Discuss Your Options

Once you’ve hired a defense attorney, you’ll discuss your case and consider the best options for establishing and maintaining your innocence. You attorney’s suggestions will depend greatly on the circumstances of your case.

For example, sometimes a “wait and see” approach is best, especially if there’s limited evidence against you. In some cases, it can take the prosecution so long to gather evidence that they’ll determine that there’s insufficient evidence rather than devote time to a dead-end case.

In other cases, a defense attorney might propose a more aggressive strategy to pursue a dismissal. Then there will also be situations in which neither of these are valid options and the case goes to trial. In this case, having the most experienced defense attorney by your side is crucial.

Work with Experienced Siouxland Lawyers

If you’ve been wrongfully accused of a crime, we’re the defense team in the Siouxland area of Iowa and Nebraska that can establish and defend your innocence. Contact Fitch & Stahle Law Offices today for a free consultation.

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