Question 1

What should I do after I am arrested?

Accepted Answer

If you were arrested under an arrest warrant, it indicates that an investigation against you had been conducted by the law enforcement and a prosecutor had submitted a sworn statement of the lead investigator to a judge, and a judge had signed off a warrant for your arrest. After you are arrested, you should remain silent and if you were questioned, you should request to speak with your lawyer or have the court appoint a lawyer. If you were arrested without a warrant, you should request a phone call to your lawyer or to a relative who can help you find a lawyer. It is important to know that any statements made by you can used against you but your silence cannot be used against you. The law enforcement officers are trained to use different techniques for questioning and stressing you out. It is important that you remember to remain calm and tell them that you need to see your lawyer.

Question 2

What is Entrapment?

Accepted Answer

Entrapment is an affirmative defense theory in which the defendant claims that he would have not committed a crime but for the law enforcement’s inducement. The defendant has to prove two elements: (1) the government induced the defendant to commit the offense charged, and (2) the defendant’s predisposition to commit the criminal act was such that defendant was not otherwise ready and willing to commit the offense. The burden of proof of entrapment is on the defendant.

Question 3

What is a misdemeanor?

Accepted Answer

A misdemeanor crime a lower level of crime comparing to felonies. Misdemeanor crimes may include traffic violations, sex crimes, theft, drug crimes, assaults, violation of state laws and city laws. It generally carries punishment less than one year.

Question 4

What is a felony?

Accepted Answer

A felony is a criminal conviction with punishment that is more serious than a misdemeanor, often times, punishment of more than one year. The punishment for different classes of felony is set forth in the Nebraska law 28-105.

Question 5

What is bail? Can I get it?

Accepted Answer

Bail allows defendant to be released from custody during the pendency of one’s case. Judges normally determines the whether to set bail and the conditions of the bail. If the bail is granted and the amount is set, generally pay a ten percent bond. If the bail is denied, the defendant is sent back to jail pending his case. Sometimes, judges allow defendants be released on their own recognizances, meaning judges believe defendants promises that he will show up in court and they do not have to pay a bond. In determining whether to release someone on bail, under Neb. Rev. 29-901, judge must determine (1) whether defendants will show up in the future proceedings, and (2) if defendants are released, whether the release could endanger the safety in the community, interfere with the victims, witnesses, or temper the evidence.

Question 6

What should I wear to court?

Accepted Answer

You should wear formal attire in court. If you are not released on bail, your attorney could request the court to have formal attires for you for trial.

Question 7

What is Arraignment?

Accepted Answer

Arraignment is a hearing in which your charge(s) and punishment will be read to you and you will enter a plea to said charge(s). In your arraignment, your constitutional rights will be read to you: (1) right to trial and trial by a jury, (2) right to counsel if you cannot afford one, (3) right to remain silent, (4) right to present your evidence and witnesses including your own testimony, (5) right to challenge the government’s evidence, (6) right to speedy trial, (7) right to appeal, (8) if you are not a U.S. citizen, certain convictions can cause and result in deportation or denial of immigration benefits.

Question 8

What Are My Options for A Plea?

Accepted Answer

1. You can remain silent. By default, judges will treat your silence as not guilty plea. 2. You can enter No Contest (Nolo Contender). This is treated as a guilty plea to the criminal charge. 3. You can plea Not Guilty. 4. You can plea Guilty. 5. You can plea Not Guilty by Insanity.

Question 9

What Can I Do To Help My Defense?

Accepted Answer

During the prefiling period, it is important to understand what potential charges you are facing and discuss your case with an experienced attorney to strategize your defense. It is important that you do not make statements to law enforcement because those statements can be used against you. Your attorney may help you get an investigator to gather the facts and present evidence to prosecutors or the law enforcement to increase the chance of the charge from even being filed or rather a less serious charge be filed. If your case is going to trial, you should work with your attorney to create a defense strategy, present your own evidence, and challenge the government’s evidence.

Question 10

What is My Right To Speedy Trial?

Accepted Answer

In a criminal case, the prosecutor must bring it to trial within six-month. If the defendant is not tried within six months, you can ask your charge be dropped and case dismissed. The calculation of the six months period may require legal analysis.

Question 11

When Should I Ask for A Lawyer?

Accepted Answer

If you get calls from a detective and ask you if you can answer some questions to help her understand, you should get yourself a lawyer. If you are arrested and being interrogated, you should invoke your right to remain silent and ask to speak with your lawyer. The earlier you are informed about the law and your options the better you will be prepared for your case. At your first court appearance, you can also ask the judge to appoint a lawyer at the government’s expense.

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