Nebraska Criminal Defense Attorney

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Criminal Defense Lawyer in Nebraska

Brian Kuester
Attorney Brian Kuester
Nebraska Criminal Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley
Defense Team Lead
Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

When you think of Nebraska, you probably think of large cornfields and Cornhusker football. However, the state has a lot more to offer such as the Durham Museum, the Henry Doorly Aquarium and Zoo and Chimney Rock National Historic Site. Furthermore, although the state tends to be relatively flat, you won’t be bored living there. This is because its location in the middle of the country means that you can still experience all four seasons.

How to React After Being Taken Into Custody

Being taken into custody is likely one of the most unnerving things that you will ever experience. The rollercoaster of emotions that you might feel while interacting with the police may cause you to say or do things that you might avoid had you been calm and composed. This is why saying nothing is generally in your best interest even if you think that doing so may be the reason why an officer put you in handcuffs, placed you in a squad car and took you to jail.

In the long run, saying nothing prevents the state from gathering information that it might be able to use against you during the legal process. For instance, if you admit to having marijuana in your car, it might give an officer probable cause to search it. While searching your car, that officer might discover drug paraphernalia or other prohibited items that might have gone unnoticed had you not said anything.

Admitting to drinking alcohol prior to a traffic stop may also provide probable cause to search your car or provide justification to charge you with DUI. By staying silent, an officer may have lacked probable cause to search your vehicle. It is important to note that you might face penalties for refusing to take a chemical test even if you are eventually acquitted of a DUI charge.

You Have the Right to an Attorney

Prior to actually being detained or placed under arrest, you should be read your Miranda rights. In addition to your ability to remain silent, you also have the right to an attorney. Exercising this right as quickly as possible may help you obtain the best possible outcome in your case.

This is because doing so means that questioning must stop until your Nebraska criminal defense attorney can be by your side. It also means that you are less likely to make statements out of fear or frustration because your attorney will make sure that you are treated properly by authorities.

Your advocate will also be able to take steps such as convincing a judge to grant bail or to reduce the amount that you have to pay. If you would like to explore a plea deal, counsel will likely be capable of doing that for you. Finally, a legal representative may be able to gather evidence that might create doubt about the case against you.

Why Hire The Criminal Defense Firm?

The Criminal Defense Firm is staffed by attorneys who have either spent time as federal prosecutors or who have spent time as federal agents. Therefore, you will work with someone who understands how the government thinks as it relates to pursuing a criminal case. For instance, let us say that you were charged with reckless driving instead of drunk driving.

In such a scenario, it may mean that there is not enough evidence to suggest that you were impaired while behind the wheel. Your attorney may pounce on this weakness in an effort to get the case dismissed or get the charge reduced even further.

There is also a possibility that you are charged with a relatively minor offense because the government does not actually know if you did anything wrong. In this scenario, you are merely charged with a crime to justify keeping you in custody instead of letting you go. Again, your attorney may seize on this when asking for charges to be dropped or reduced.

The Cases Our Firm Handles

The Criminal Defense Firm will take on almost any type of criminal case that our clients bring to us. For example, if you are charged with drunk driving, we may be able to create a defense to the charge that allows you to retain your license or avoid other serious penalties. If you are charged with assault or battery, we may be able to help you avoid jail time or other consequences that have the potential to cause a significant interruption to your life. We can also help with tax evasion, fraud or other types of financial crimes that may be classified as felonies. It is also worth noting that we will likely be able to assist in the event that you are wanted by both state and federal authorities.

We Can Help With Appeals

If you have been convicted of a crime, a Nebraska criminal defense attorney may be able to help you overturn that conviction. The first step in the process is to submit appeal paperwork within days of the trial jury’s decision. From there, an attorney will gather transcripts and other documents that might be useful when challenging what transpired within a trial court. It is worth noting that the appellate court will not consider any new evidence when making its decision. If there is reason to believe that you did not receive a fair trial, the case may be remanded back to the trial court to be reheard. There is also a chance that the case will be dismissed or that other actions will be taken that are in your favor.

Frequently Asked Questions

What happens after I make bail?



After your bail payment has been made, you will be processed for release. Any money that you give to the court may be returned to you at the end of the case if you appear at all required court hearings. However, you may forfeit any money paid if you violate the terms of your bail. These terms might include staying away from a school, refraining from talking to an alleged victim or refraining from using drugs or alcohol. Your Nebraska criminal defense attorney may be able to provide more information as to what happens after you are released on bail.

What is implied consent?



As a condition of receiving a driver’s license, you agree to submit to chemical tests if a police officer asks you to do so. Typically, a portable Breathalyzer machine will be used to conduct such a test. However, it is also possible that authorities will request a blood draw or a urine sample. It is worth noting that there are some questions as to whether you can be forced to give a urine sample without a warrant. Ultimately, refusing to consent to chemical testing may result in an automatic suspension of driving privileges for up to a year. Furthermore, your car may be impounded, and you may spend time in jail or pay a fine regardless of whether you are convicted of drunk driving or other crimes.

What types of defenses might you use?



Your attorney may use a number of defenses to help you obtain a favorable outcome in your case. For instance, it may be possible to assert that there was no intent to commit a crime or that you were acting in self-defense when you struck or shot somebody. A legal adviser might also claim that you were the victim of an illegal search and seizure or that other rights were violated during the investigative process. If a judge agrees that you were the victim of an illegal search and seizure, any evidence obtained improperly will likely be suppressed. Finally, it may be possible to cast doubt on witness testimony or other evidence that is introduced at trial.

What is reasonable doubt?



A prosecutor must prove beyond a reasonable doubt that you are guilty of the crime that you are accused of committing. Essentially, it must be shown that the only explanation for what happened in a given case is that you violated state or federal law. Therefore, if your attorney can show that you were elsewhere when a crime occurred, it may call into question whether you did anything wrong. Ultimately, a jury would have no choice but to find you not guilty of a charge. Of course, a jury may be allowed to consider whether you should be convicted of a lesser offense. It is also worth pointing out that an acquittal in a criminal trial does not mean that you will not face civil penalties.

Contact Us Today

If you need an attorney today, don’t hesitate to call our national intake number at 866-603-4540. You can also reach us by filling out our online contact form.

Areas of Practice in Nebraska

Cities in Nebraska

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540