It can be a daunting experience for a person to know that they will have to appear in court to answer criminal charges. Even relatively minor allegations can result in life-changing consequences after a conviction. With the chances of any criminal offense in Nebraska resulting in a jail sentence, having a reputable legal team is imperative.
Our top-rated criminal defense lawyers in Omaha have successfully handled:
- Federal Crimes
- Sex Crimes
- Interstate Drug Trafficking
- White-collar crime
- Violent crime
- Driving Under the Influence
Berry Law can help you protect your rights and guide you through the Nebraska legal system while fighting to have your charges dropped or reduced considerably. Whether you are looking to negotiate a plea deal or fight the charges at trial, our dedicated defense attorneys can help you achieve the best outcome possible.
Legal Advice When Facing Criminal Charges in Nebraska
We work hard to safeguard your innocence if you are charged with a crime. You must pay close attention to everything you say and do as early as being investigated. Finding a criminal defense lawyer is a wise choice because negotiating the court system on your own might be challenging.
When facing criminal charges, implement this legal advice to defend yourself to the highest degree:
- Speak to a criminal defense lawyer immediately: The sooner you can hire legal representation, the stronger your ability is to make a stronger case. In order to avoid misunderstandings and preserve evidence, an attorney will prepare you for conversations or participate on your behalf.
- Remain silent: Do not provide a statement to law enforcement without consulting with an attorney. Remember law enforcement can lie in order to obtain information. Remain silent.
- Keep track of all the evidence: To fortify our defense and demonstrate your innocence, maintain all proof of interaction with the accused victim. This can consist of photos, items of clothing, emails, or other items.
- Compile a list of potential witnesses or alibis: Mistaken identity is a potent defense that can be strengthened if witnesses or alibis can pinpoint the whereabouts of the alleged offender.
Defending Against Criminal Charges
There may be numerous defenses that a skilled attorney can employ to refute your criminal charges. The appropriate defense against your charges will depend on the type of offense as well as the circumstances surrounding the alleged incident.
For example, if there were errors during the prosecution’s investigation or there are concerns that law enforcement violated your rights or lacked probable cause to make the arrest, these could be brought to light and incorporated into your defense.
Furthermore, any evidence that law enforcement found while violating your rights may be suppressed in court. For example, if law enforcement did not have probable cause to search your vehicle and were not given consent by you, any evidence they find in a search could be suppressed.
Our Omaha criminal defense attorneys understand what law enforcement can legally do during an investigation, traffic stop, and questioning. If we find a violation of your rights that led to your arrest, we can work to get the related evidence suppressed.
What Types of Criminal Cases Can Defense Lawyers Handle?
Criminal offenses in State Court are separated into two categories: Felonies and Misdemeanors. Less severe crimes are charged as misdemeanor offenses.
Common examples of misdemeanor crimes include driving under the influence of drugs or alcohol, third-degree assault, and shoplifting. These cases are typically heard in Nebraska’s county courts and carry a maximum penalty of one year in jail and/or a fine.
More serious criminal offenses may be charged as felonies. Common examples include homicide and rape, as well as aggravated versions of misdemeanor offenses, such as assault. For example, assault that results in serious bodily injury is considered a felony.
The state’s district courts have jurisdiction to hear all felony cases. No matter the severity of the criminal charge you are facing, an experienced criminal lawyer at our firm can help.
The Advantages of a Criminal Defense Attorney
Our criminal defense attorneys in Omaha can work to protect your rights immediately. This entails defending your constitutional rights while in police custody in addition to appearing on your behalf in court.
Criminal defense attorneys work on cases for months before a trial, but most people only get to see them in action then. As soon as our lawyers are retained to handle a case, we get to work developing a strong defense plan. Every step of the process could be protected by a local criminal attorney such as:
If an accused is arrested his first hearing is a bond hearing. The amount of bond must be posted in order to release the suspect from custody while they await trial is decided during this time. Criminal defense attorneys frequently work to minimize the bond amount.
In the event that the prosecution offers the accused a plea agreement, the defense attorney will evaluate the terms and maybe seek a plea agreement that is more advantageous to their client.
In order to succeed when testifying in court in front of a judge and jury, preparation and execution are essential. A skilled defense attorney will use testimony and expert witnesses to make compelling arguments that refute the prosecution’s assertions.
Sentencing for Nebraska Misdemeanor and Felony Offenses
Nebraska Revised Statutes § 28-106 defines six different categories for misdemeanor offenses, each with varying maximum penalties. A seventh class (i.e. Class W crimes) is reserved exclusively for DUI offenses and establishes a unique penalty structure for first, second, and third offenses.
- A conviction for a Class I, II or III misdemeanor can lead to imprisonment in a county jail
- Class V and Class IV misdemeanors are punishable by maximum fines of $100 and $500 respectively and cannot result in jail time
However, under no circumstances is a court required to impose a jail sentence on anyone convicted of a misdemeanor. That being said, a local criminal defense attorney can protect your rights in and out of court.
Under Nebraska Revised Statutes § 28-105, there are 10 categories of felonies in the state of Nebraska. A Class IV felony, the least severe felony, carries a potential penalty of up to 24 months in jail and/or a financial penalty of $10,000.
Class IA and Class I felonies are the most severe felony crimes a person can be charged with in Omaha. A Class IA felony conviction means incarceration for life without the possibility of parole, and a Class I felony conviction is punishable by the death penalty.
Consequences of a Conviction in Nebraska
Avoiding fines and jail time is not the only reason to hire an Omaha criminal defense lawyer. In addition to any sanctions imposed by the court, a conviction in Nebraska may also result in the permanent loss of certain civil rights, such as the right to vote and to legally possess a firearm.
Even misdemeanor convictions can have dramatic repercussions, potentially leading to job loss, limited educational prospects, and even restricted residential options. In some cases, mitigating the risk of these consequences could be equally as important as avoiding court-ordered criminal sanctions.
Work With an Omaha Criminal Defense Attorney Today
Anyone facing a criminal allegation receives full legal support rooted in transparency and efficiency. Whether this is your first time seeking legal aid or not, the potential consequences for a criminal conviction can be life-changing and we fight to get you past this quickly and quietly.
Our criminal defense attorneys in Omaha, NE, assess the credibility of the prosecution’s case, choose a reasonable objective, and create a plan of action to achieve that objective. Our legal team could assist in negotiating a reasonable plea bargain or winning at trial.
To find out more about how Berry Law might be able to assist you, contact us now.