Omaha Criminal Defense Lawyer
If you have been accused of committing a state or federal offense in Omaha, Nebraska, your future is at risk. A conviction can carry lengthy prison sentences, strict terms of probation, hefty fines, and crippling collateral consequences.
The defense attorneys at The Criminal Defense Firm strive to legally represent defendants in either state or federal court, invoke their rights, and protect their interests and future from groundless accusations of misconduct. With our legal defense strategies and advocacy, defendants have been acquitted, sentenced to drastically reduced sentences, and occasionally even non-indicted in Omaha.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
Experienced State and Federal Defense at The Criminal Defense Firm
The Criminal Defense Firm’s long string of success stories is due in large part to:
- The structure of our law firm, and
- Our familiarity with criminal defense in federal court.
Together, these make our attorneys exceptional legal representatives for your criminal case.
A Firm of Senior Lawyers
Perhaps most importantly, The Criminal Defense Firm only employs senior-level attorneys with decades of experience in the field of criminal defense. This means no:
- Junior associates
- Paralegals
- Legal secretaries
Obviously, this means that the legal representation that you can count on to defend you against the charges you are facing in Omaha will come from extremely experienced and well-versed legal minds.
But that is not all.
It means that the legal work that gets performed for your case will only be done by senior attorneys at The Criminal Defense Firm. This sets us apart from most other law firms in Omaha. When you go to a different law firm, you will likely be impressed by the experience and the credentials of the senior attorneys there, as well. However, if you hire their firm to represent you in court against a serious criminal charge, you will likely find that the lawyer who is assigned to your case is not one of those senior attorneys. Instead, it is a junior associate who reports back to the senior lawyer that you wanted to represent you. Furthermore, as the case moves forward, you will likely find that it is not even the junior associate who handles most of the work and who communicates with you to keep you apprised of the case’s developments. It is often a paralegal, instead. You may not interact with the senior attorney who drew you to the firm until the day of your trial.
We do not do that at The Criminal Defense Firm. You will not deal with junior associates or paralegals because we do not have them. Your representation will be conducted by the lawyer whose background and track record you wanted in the first place.
Extensive Experience in Federal Court
Many of those senior lawyers also have lots of experience handling cases in federal court, rather than strictly in Nebraska state court.
The difference between state and federal court is not small. Defendants and even some criminal defense lawyers overlook it.
It is not just that federal criminal charges tend to carry higher penalties for a conviction or that they pass through grander and more impressive courthouses: It is the strength of the adversary in your case.
State charges are filed and prosecuted by your local district attorney’s office or the Nebraska Attorney General’s Office. Federal charges, on the other hand, are pursued by some of the largest and most powerful law enforcement agencies in the world, such as the U.S. Department of Justice (DOJ) or the Federal Bureau of Investigation (FBI).
Going up against these agencies and getting a good outcome is not an easy feat. Many defense lawyers drastically underestimate how difficult it is going to be to represent clients against prosecutors who have so many resources at their disposal.
The Criminal Defense Firm routinely defends against federal charges in Nebraska. That experience makes our legal services in state court even more refined and potent.
Cases That We Handle in Omaha
Whether you are facing charges in state or federal court, you can count on The Criminal Defense Firm to represent you and your interests. Just a few of the charges that we have handled in the past include:
- Assault
- Burglary
- Conspiracy
- Domestic violence
- Driving under the influence (DUI)
- Drug possession, including the more severe offense of possession with intent to distribute
- Drug trafficking
- Embezzlement
- Healthcare fraud
- Mail and wire fraud
- Manslaughter
- Money laundering
- Murder
- Prostitution
- Rape
- Robbery
- Securities fraud
- Sexual assault
- Theft
- White collar crime
Conviction Penalties in Nebraska
Convictions for these offenses carry steep penalties. The most prominent consequences of a criminal conviction in Omaha are:
- Criminal fines, and
- Jail time.
Under Nebraska Revised Statute 28-105 and 28-106, these sanctions depend on the criminal classification assigned to the offense:
| Classification | Maximum fines | Jail time |
| Class V misdemeanor | $100 | |
| Class IV misdemeanor | $500 | |
| Class IIIA misdemeanor | $500 | Up to 7 days |
| Class III misdemeanor | $500 | Up to 3 months |
| Class II misdemeanor | $1,000 | Up to 6 months |
| Class I misdemeanor | $1,000 | Up to 1 year |
| Class IV felony | $10,000 | Up to 2 years |
| Class IIIA felony | $10,000 | Up to 3 years |
| Class III felony | $25,000 | Up to 4 years |
| Class IIA felony | Up to 20 years | |
| Class II felony | 1 to 50 years | |
| Class ID felony | 3 to 50 years | |
| Class IC felony | 5 to 50 years | |
| Class IB felony | 20 years to life | |
| Class IA felony | 40 years to life without parole | |
| Class I felony | Death penalty |
Additionally, you will likely have to serve a period of probation after your sentence has been completed. Even after that is finished, though, you will also struggle with the collateral consequences of a conviction, which can include:
- Stigmatization for having a criminal background
- Sex offender registration
- Difficulties finding a reliable job with a prior conviction
Your Legal Defense Options
Convictions are not automatic. After you have been arrested and charged with a criminal offense in Omaha, you and your lawyer have opportunities to investigate the case and raise legal defenses that can undermine the prosecutor’s case against you or that can actively prove your innocence.
Some of the most common that the defense lawyers at The Criminal Defense Firm have raised on behalf of their clients have been:
- Alibi
- Coercion
- Consent
- Duress
- Entrapment
- Illegal search or seizure
- Insanity
- Involuntary intoxication
- Lack of intent
- Lack of knowledge
- Mistake of fact
- Necessity
- Self-defense or defense of others
- Withdrawal from the commission of the crime
Frequently Asked Questions About Our Firm and the Criminal Justice System in Omaha, Nebraska
How Much More Severe Is a Felony Than a Misdemeanor?
Felony convictions can be significantly more severe than misdemeanor convictions.
The difference between a felony and a misdemeanor is that felonies can carry over a year in prison. Misdemeanors can only carry up to a year in jail.
However, that is not the only difference between these two major crime classifications.
When it comes to the collateral consequences of a criminal conviction, felonies are far worse than misdemeanors. A felony-level conviction on your criminal history can trigger huge restrictions. You could lose your right to vote or possess a firearm. It can even be a crime for you to have a firearm if you are a convicted felon. You can also struggle to get a job in a state that allows private employers to ask about your criminal history early in the job application process. You may even become ineligible for many professional certifications that are necessary to work in your desired field.
What are Some Favorable Outcomes That You Have Gotten?
With our sensible defense strategies and rigorous preparation, we have secured numerous favorable outcomes for our clients in the past. Just a few of these have been:
- Taking the case to a criminal trial and securing a not-guilty verdict or acquittal
- Filing motions to exclude crucial incriminating evidence from the trial and forcing the prosecutor to drop the case
- Persuading the prosecutor during the pre-trial process that the case is weak enough to dismiss
- Getting a grand jury to decide not to indict our client
- Intervening during the investigation and convincing investigators that our client was not the proper target of their scrutiny, preventing charges from being filed at all
Even when our defense strategies proved to be inadequate, our attorneys have still managed to advocate on behalf of our clients during the sentencing stage and secure drastic reductions in the penalties of the conviction.
Why Don't You Call Yourselves the Best Criminal Defense Firm in Omaha?
While our team of senior lawyers has lots of experience and have gotten great results both inside the courtroom and outside of it, we still think that statements like these are best heard from our prior clients rather than from us. You can read the testimonials that they have left here.
The Criminal Defense Firm: Strong Advocacy for Defendants in Omaha, Nebraska
If you have been arrested and charged with a crime in Omaha, or if you believe that you are under investigation for a criminal offense, you need legal representation to protect your interests and your future. Reach out to The Criminal Defense Firm by calling our law office at (866) 603-4540 or contact us online to get started on your defense.