Best Criminal Litigation Lawyers in Nebraska

About Criminal Litigation Law in Nebraska, United States

Criminal litigation in Nebraska involves the legal process of prosecuting or defending individuals accused of violating state criminal laws. The process includes investigation, charging, arraignment, trial, sentencing, and appeals. Criminal cases in Nebraska range from misdemeanors such as minor theft or DUI to serious felonies such as burglary, assault, or homicide. Nebraska’s criminal justice system aims to uphold public safety while ensuring the rights of defendants. Criminal litigation follows strict procedural rules and requires both the prosecution and defense to present evidence and arguments in court.

Why You May Need a Lawyer

Many situations require the expertise of a criminal litigation lawyer in Nebraska. If you are under investigation, have been charged with a crime, or believe your rights have been violated during a criminal proceeding, a lawyer can advise and defend you. People often seek help for offenses like DUI, drug possession, assault, theft, probation violations, or white-collar crimes. Legal representation is especially important when facing jail time, significant fines, or consequences such as the loss of employment or driving privileges. A lawyer can help negotiate plea bargains, represent you at trial, and ensure you receive fair treatment throughout the legal process.

Local Laws Overview

Nebraska criminal law is governed by the Nebraska Revised Statutes, primarily Chapters 28 and 29. The state distinguishes between infractions, misdemeanors, and felonies, each carrying different penalties. Key aspects include:

• Crime Classification: Infractions are minor violations, misdemeanors are punishable by up to one year in county jail, and felonies involve more serious crimes with potential state prison sentences.
• Procedural Rules: Nebraska has specific rules for police procedures, arrest, bail, pretrial hearings, plea agreements, evidence gathering, and trial procedures.
• Pretrial Diversion: Certain first-time or non-violent offenders may qualify for diversion programs instead of formal prosecution, which can lead to dismissal of charges upon successful completion.
• Sentencing Guidelines: Sentences vary based on crime severity, criminal history, and aggravating or mitigating factors. Nebraska also has minimum sentencing for some offenses.
• Appeals and Postconviction Relief: Defendants have the right to appeal convictions or request postconviction relief if new evidence or legal errors arise.

Frequently Asked Questions

What should I do if I am arrested in Nebraska?

Remain calm, exercise your right to remain silent, and request to speak with a lawyer. Do not answer questions or consent to searches without legal representation.

What happens after I am charged with a crime?

You will typically have an initial appearance where charges are read, bail is considered, and you may enter a plea. The case may then proceed to hearings, plea negotiations, or trial.

Do I need a lawyer if I am innocent?

Yes. Even if you are innocent, the legal process is complex and a lawyer can protect your rights, challenge evidence, and advocate for dismissal or acquittal.

Can I get my criminal record expunged in Nebraska?

Nebraska generally does not allow expungement of adult criminal convictions, but dismissals, acquittals, and some juvenile records may be sealed. An attorney can explain your eligibility.

What is a felony versus a misdemeanor?

A misdemeanor is a less serious crime, typically punishable by up to one year in county jail. A felony is more serious, punishable by more than one year in state prison.

Will I have to go to trial?

Not all criminal cases go to trial. Many are resolved with plea agreements or dismissals. However, if a case cannot be resolved, it will proceed to trial.

What are my rights if I am questioned by police?

You have the right to remain silent and the right to an attorney. Exercise these rights and avoid answering questions without legal counsel present.

How can a lawyer help with my case?

A lawyer can review evidence, negotiate with prosecutors, identify legal defenses, file motions, represent you in court, and work to minimize penalties or secure acquittal.

What is bail and how is it set?

Bail is a financial guarantee to ensure you return to court. A judge decides the amount based on factors like crime severity and flight risk. You may be released on your own recognizance or required to post bail.

Can I appeal a conviction in Nebraska?

Yes, you have the right to appeal your conviction or sentence if there was a legal error or issue during the trial. An attorney can guide you through the appeals process.

Additional Resources

For more information or assistance related to criminal litigation in Nebraska, consider these resources:

• Nebraska State Bar Association
• Nebraska Judicial Branch (courts information)
• Nebraska Commission on Public Advocacy
• Nebraska Legal Aid
• County public defender’s offices
• The Nebraska Attorney General’s Office
• Local law enforcement agencies for victim or witness assistance programs

Next Steps

If you need legal assistance in criminal litigation, take these steps:

• Contact a criminal defense attorney as soon as possible after an arrest or when you learn you are under investigation.
• Gather and organize any documents, records, or communications related to your case.
• Write down everything you remember about the incident and interactions with law enforcement.
• Avoid discussing your case with anyone other than your lawyer.
• Attend all scheduled court appearances and follow your attorney’s advice regarding plea options and trial strategy.
• Utilize helpful legal resources or support organizations if you need additional guidance.