Criminal Defense Lawyers

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.

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.

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.

There are 6 classes of misdemeanor crimes. It ranges from no jail to one year jail time and $0 fine to $1000 fine. The judges may impose additional rehabilitation courses, probation, restraints, or probations.

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.

After you receive a citation for a misdemeanor crime, you are in the pre-filing stage. The police and the prosecutor will review the citation and evidence gathered to determine whether there is sufficient evidence to prosecute or whether they will likely to be able to gather sufficient evidence to prove beyond a reasonable double that you committed the crime. The pre-filing stage is important in your criminal defense. Many things could happen. The best thing could happen is that the prosecutor declines to file a charge against you. Li Law Group has represented our clients in the pre-filing stage. Once the charge is filed, you will be arraigned by the county court. If the criminal charge is a felony, there will be a preliminary hearing to determine whether to bind the case over to the district court.

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.

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.

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.

If you fail to show up to your hearings, depending on the type of hearings, it could be a violation of your bail and result in an arrest warrant and additional charge being filed against you. You must show up to your trial unless the judge makes an exception.

If urgent things come up and you are going to miss your hearing, your lawyer should help you get a motion for continuance to postpone your hearing. The delays caused by your motion to continue will not be calculated under the speedy trial – six months under Neb. Rev. Stat. 29-1207.

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.

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…

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.

Depends on the seriousness of the charges, you may want to have a lawyer represent you for the following reasons. Your charge could be reduced to a lower offense. Your guilty and no contest plea may carry more consequences other just a fine or a jail sentence. It could be carried over into civil litigations. Your freedom and property could be restricted after your complete your sentence. After you entered a guilty plea, it is important to determine an appropriate and proportionate punishment. Prosecutor can recommend harsh punishment and it is your lawyer’s job to argue for a less and fair punishment. Your lawyer is there to help you understand and your options and the ramifications of your choices.

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.

The trial length can last a few hours to several weeks. It is the prosecutor’s job to present the government’s evidence and prove beyond a reasonable doubt to the jury or to the judge that Defendant committed the crime. This generally entails calling witnesses to testify, showing exhibits, and calling experts to testify. You can then challenge the prosecutor’s evidence and present your own witnesses, exhibits, and experts. There are no restrictions on how long can someone testify. However, there are rules of evidence on what and how evidence can be presented.

After your trial, the judge will give jury instructions and send them to deliver a verdict. If it is a bench trial, the judge will make a finding. Your lawyer may also file various motions: Motion for Directed Verdict. Motions for a new trial. Motion for judgment of acquittal. Motion to vacate, set aside, or correct a sentence. Depending on the verdict, there may be future hearings for pre-sentencing investigation and sentencing hearing. You may also appeal.

If you were convicted of a criminal offense, Nebraska law allows to you ask the court to set your criminal conviction aside. The effects of set-aside are different from expungement and pardon. Expungement means your arrest record is sealed because of the arresting law enforcement officer’s error. A pardon is a formal forgiveness given by the Board of Pardons appointed by the governor. Set aside allows you to remove the civil prejudices and disqualifications as a result of your criminal convictions. Set aside does not seal or expunge your criminal or arrest record. A set aside also does not relieve the obligation of sex-offense registration. Many state and federal licensing boards disqualify individuals with prior criminal convictions, Li Law Group can help you with setting aside your criminal records.

Li Law Group is a young and energetic law firm. We have over a decade of experience in combine to defend you. We understand the ramifications of a criminal charge. It is our ultimately goal to zealously defend your innocence and fight for your fair treatments and your rights. Furthermore, we offer to incorporate immigration consequences (removal/deportation proceedings, denial or appeal immigration benefits, waivers) into our criminal defense services.

If you need to schedule a criminal defense consultation, we can schedule a free consultation for you. We offer online consultation, in-person consultation, and consultations over the phone. When you call, please let us know that you need to schedule a consultation for a criminal case. You can call us at 402-391-2486 or fill out an intake here.