Best Criminal Defense Lawyers Omaha, NE (2024)

• John S. Berry, Jr.
• Sean M. Conway
• Stuart J. Dornan
• Joseph L. Howard
• Mallory Hughes
• Kenny Jacobs
• Clarence E. Mock
• Michael L. Stageman

A criminal defense lawyer specializes in defending individuals charged with state or federal criminal offenses, including DUIs, assault and white-collar crimes like fraud and embezzlement. Along with legal representation in court, defense attorneys investigate their clients’ cases, review evidence, produce witnesses and negotiate plea deals.

The best defense lawyers fight for their clients at every step of the criminal process, from arrest and bond hearings to trial and appeals, and are able to reduce charges and sentences or dismiss criminal charges altogether.

Public Defender vs. Private Criminal Attorney

Arresting officers in all states are required to read your Miranda Rights, one of which entitles you to a defense attorney. In Nebraska, the court will appoint a public defender if you cannot afford a private attorney to represent you.

The court assigns public defenders based on their experience with the charges at hand, but Nebraska defendants are only entitled to a public defender if they’re facing felony or misdemeanor charges that could result in jail time.

However, despite being capable lawyers, a public defender is bogged down by bigger caseloads than a private attorney and you may not see or hear from them at all except at the courthouse right before trial. Investing in a private criminal defense lawyer in Omaha is worth it if you want a more accessible attorney.

Should You Represent Yourself in a Criminal Case?

Do you need a lawyer? Unless you have litigation experience, it’s in your best interest to hire a defense attorney to represent you in a criminal case.

Representing yourself runs the risk of missing important technical requirements for trial. A seasoned criminal defense lawyer can anticipate the prosecution’s case and ensure you’ve completed all the necessary actions to move forward or have your case dismissed.

Overall, having an Omaha defense attorney on your side means there is someone doing the legal legwork to meet court deadlines, produce witnesses and additional evidence and successfully negotiate with the prosecution on your behalf.

Here is what you can expect if you’ve been cited or arrested and charged with a crime in Omaha:

• Citation: You won’t be arrested for all criminal offenses in Nebraska. Some misdemeanor charges only come with citations dictating when you need to appear in court.
• Arrest: If you’re arrested, you’ll be charged at the police station. You may have to wait in jail for one to two days or more before seeing a judge to determine if bond is necessary and when you’re needed back in court.
• Posting bond: You cannot be released from jail until you post bond. Nebraska bond costs vary depending on the charges you’re facing—most misdemeanors have a set bail, while felony bonds are set at the hearing.
• Preliminary hearings: This is your opportunity to enter a plea bargain or work with your defense attorney to reduce or dismiss charges. If you decide to move forward to trial, this hearing will set your plea and the next trial date.
• Criminal trial: In Nebraska, you have the right to a trial by jury or a bench trial, where the judge alone hears all evidence and decides. Not all misdemeanor charges have the right to trial, so confer with an attorney to determine the best strategy for your case.
• Sentencing: If found guilty, the court will set punishment, usually fines or imprisonment. The judge may also order a Pre-Sentence Investigation (PSI) into the defendant and victims involved to set an appropriate sentence.

Everyone convicted of a crime in Nebraska has the right to direct appeal. A criminal defense attorney can help prepare and file your notice of appeal within the state-mandated time frame.

Resolving a Criminal Case in Nebraska

You have three possible outcomes at criminal sentencing:

• Imprisonment
• Fines
• Probation

Nebraska courts may require a combination of the three. For example, if you’re convicted of a class III felony, such as forgery or fraud, you could face up to four years imprisonment plus an additional two years of supervised probation.

Supervised probation involves required check-ins with a probation officer, drug and alcohol testing, maintaining employment and paying any required court fees, fines and restitution to victims or victims’ families.

Unlike parole, which is earned only after you’ve served half of the minimum prison sentence associated with your crime, probation in Nebraska can be sentenced in place of jail time, depending on the nature of the crime and your criminal record.

A criminal conviction can impact your ability to get a job or start a business. You may want to have your record expunged, which essentially makes it inaccessible to the public, including future employers.

Unfortunately, expungement is not possible in Nebraska. So, if you’re convicted of a crime in Omaha, that conviction will remain on your record indefinitely.

However, defendants have two options in place of expungement:

• Pardons: This is formally issued by the Nebraska Board of Pardons. You must wait 10 years to file for a felony pardon or three years for a misdemeanor and be able to show remorse and rehabilitation.
• Set-aside orders: This does not expunge your record but shows that the conviction was “set aside” based on good behavior. Only convictions where a defendant was sentenced to less than one year in jail, completed probation or community service or was sentenced to a fine and paid it are eligible.

These are some of the most important qualities to look for in a criminal defense lawyer:

• Accessibility: A defense attorney who quickly returns phone calls and emails is treating your case as a priority and will keep you informed every step of the way.
• Aggressiveness: An aggressive attorney won’t be intimidated by the prosecution and isn’t afraid to use all legal means necessary to get the best outcome for you.
• Empathy: An attorney who has worked with similar defendants understands your experience and can provide the appropriate guidance you need during this difficult time.
• Realism: An experienced lawyer who’s handled cases like yours will prepare you with realistic outcomes instead of promising the impossible.
• Resilience: Criminal cases can be long and tenuous, but a resilient attorney will anticipate each challenge and stay focused on getting the best possible outcome.

Use the attorneys on our list, along with recommendations from trusted friends and family members, to find the best lawyer for your case.

To come up with the criminal defense lawyers in Omaha of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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