NEBRASKA CRIMINAL LAW
Criminal law is an area of law that covers a range of topics, from minor violations to severely punished crimes such as felonies. Nebraska courts assign punishments based on many different factors such as the sentencing guidelines of each state, whether or not the defendant has a prior criminal record, and the events that surrounded the alleged crime. Here you can find an overview of some common topics in Nebraska criminal law and procedure. For the most comprehensive information, contact a Nebraska criminal defense attorney.
Drug Possession in Nebraska
In Nebraska, certain drugs are designated as controlled substances. A person who knowingly or intentionally possesses a controlled substance will be guilty of a Class IV felony, which carries jail sentences of up to five years and/or fines of ten thousand dollars.
Marijuana possession has its own set of regulations under the Nebraska code. A person who knowingly or intentionally possesses marijuana weighing between one ounce and one pound is guilty of a Class III misdemeanor. This carries jail sentences of up to three months, and/or fines of up to five hundred dollars. If the marijuana weighs more than one pound, you will be charged with a Class IV felony.
Any person in possession of one ounce or less of marijuana will, on their first offense, receive a citation, be fined three hundred dollars, and be assigned to attend a course if the judge decides it is in the defendant's best interest. For the second offense, the defendant will be guilty of a Class IV misdemeanor and will receive a citation, be fined four hundred dollars and may be imprisoned for up to five days. For the third and all subsequent offenses, he or she will be guilty of a Class IIIA misdemeanor and will receive a citation, be fined five hundred dollars, and be imprisoned for up to seven days.
A Nebraska criminal defense attorney can provide you with important information and assistance relating to any drug possession charges you might be facing.
Assault in Nebraska
In Nebraska, a person commits assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person. First degree assault is a felony that carries a potential prison sentence of between one and fifty years.
A person commits assault in the second degree if he or she:
Assault in the third degree involves intentionally or knowingly causing bodily injury to another person. Threatening someone in a menacing manner is also enough to merit a charge of third degree assault. Third degree assault is a misdemeanor that carries up to one year's jail sentence and a maximum one thousand dollar fine. Sentences are reduced for assaults committed in a mutual fight or scuffle.
If you or someone you know has been involved in an incident that could lead to an assault charge, consider contacting a Nebraska criminal defense attorney.
Nebraska Drunk Driving – DUI
Drunk driving has become more widespread in recent years. If you have received a DUI in Nebraska, you can lose your driving license, incur fines, and/or be sentenced to jail time. If you have questions or concerns regarding a DUI you or a loved one has received, consult with a Nebraska DUI attorney for advise.
Right to a Jury in Nebraska
In Nebraska, smaller offenses—classified as infractions—are tried by the court, without a jury. All other rights of trial by jury provided by the U.S. Constitution are available to criminal defendants in Nebraska. You can consult a Nebraska criminal defense attorney to determine if the offense with which you have been charged is eligible for a trial by jury.
Trial Date in Nebraska
The Nebraska constitution provides criminal defendants with the right to a speedy trial. To help meet this objective, trials of criminal cases are given preference over civil cases, and trials of defendants in custody are given preference over other criminal cases.
Criminal defendants must be brought to trial within six months of the date of indictment. There are some exceptions to this; for instance, when the charge is a misdemeanor between domestic partners, the six months begin running from the date of arrest. A Nebraska criminal defense lawyer can give you more information about whether your case falls within the six months from indictment rule.
Appeals in Nebraska
Any defendant in a criminal case in Nebraska may appeal from the final judgment or final order of the county court to the district court of the county where the county court is located. Your Nebraska criminal defense attorney can advise you on the appeals process.
Nebraska Revised Statutes
Click Here To See The Following Statues: