Omaha Criminal Defense Lawyer

Omaha Criminal Defense Attorney

Being accused of criminal activity can be an extremely distressing experience. This is especially true when one is aware of the consequences a misdemeanor or felony charge could have on one’s quality of life. Securing the assistance of Omaha criminal defense lawyers can help provide the support you need to develop a compelling legal strategy that has the power to reduce or dismiss any charges you face.

At Sopinski Law Office, our experienced team understands what it takes to construct a clear and concise legal defense strategy and investigation. From our initial consultation to the close of each case, we stand with our clients every step of the way to ensure that no one takes advantage of their rights. Connect with our team today to learn more about how we can help secure the most favorable outcome for your criminal defense case.

Understanding Your Rights in Omaha, Nebraska

The U.S. Constitution offers a number of protections for anyone in Nebraska, who has been accused of conducting criminal activity. These rights were designed to help ensure a fair trial and legal process for the accused. Some of the most important rights to understand in the criminal defense process include:

The Right to a Fair Trial

The Sixth Amendment guarantees that everyone has the right to a fair trial after being accused of a crime. This protection ensures that everyone is judged in a just manner. In addition to a fair trial, you also have the right to a speedy and public trial. This means that the process should not have any unnecessary delays that could compromise the integrity of the case. The public nature helps to promote transparency and prevent any suspicious activity behind the scenes.

Another detail of a “fair trial” includes the right to be judged by an impartial jury of your peers. This is an important detail, as it helps to ensure that the verdict is based only on the evidence available for consideration without any scenarios of bias or prejudice having an influence on the final outcome.

Right to Counsel

Another protection under the Sixth Amendment is the right to counsel. This right ensures that anyone who becomes involved in the legal system is able to secure professional legal representation. If you have been accused of committing a crime, it is your right to have help building a strong defense and defending yourself in court.

If you don’t have enough funds to pay for legal services, this amendment guarantees you can still have access to an attorney. This specific provision was designed to ensure that everyone can experience their legal right to an attorney, regardless of their financial situation.

Right Against Self-Incrimination

The Fifth Amendment protects U.S. citizens from being compelled to incriminate themselves. This is to help protect individuals against either incriminating themselves before the court or being coerced into a confession. After being arrested, it is recommended to stay silent and not provide any information that could be used against you in court. If you choose to speak, you could unintentionally provide the prosecution with a new piece of evidence that can hurt your case.

Right to Due Process

Under the Fourteenth Amendment, all citizens are granted the right to due process. This means that everyone should be granted fair treatment under the law. For example, you have the right to be informed of the exact charges you face.

You also have the right to confront and cross-examine any witnesses who have stepped up to testify against your interests. On a similar note, you are also able to bring your own set of evidence and witnesses to trial to combat any allegations you feel are unfair and help reshape the legal narrative against you. All of these elements of due process are critical to ensure a fair trial ensues that will uphold justice every time.

These four basic rights are just a sample of what rights a defendant in Omaha, Nebraska has to employ in their case. To ensure you are leveraging every possible right to your advantage, hire a criminal defense attorney. They will supervise the entire process to ensure your rights are protected and you move forward with the most effective defense possible.

What Defense Strategies Could Help My Case?

There are many different defense strategies an attorney will consider when evaluating your case. The decision on which to choose rests on the circumstances of your case and what vulnerabilities might exist in the prosecution’s set of evidence. Some of these strategies include:

Challenging the Evidence

One defense strategy is to assess the merit of the opposing counsel’s evidence and challenge any areas that appear to be weak. A “weak” area could include an inconsistency in their narrative or a procedural misstep in their evidence collection process. For example, if there is evidence to suggest the prosecution illegally collected a piece of evidence or it was tampered with before being brought to court, highlighting this could prevent them from being able to use it.

Alibi Defense

An alibi is someone who is able to speak about where you were when the alleged crime occurred. This can help prove to the court that it would be impossible for you to commit the crime, as you were not at the scene when the incident happened. An alibi’s testimony can be further supported with evidence like surveillance footage to prove they are telling the truth. An alibi defense alone has the power to remove the defendant from the scene of the crime and end the case.

Self-Defense

Sometimes an attorney will make the point that their client had to act in the way they did to prevent themself from being harmed. To make this case, it will need to be apparent that the defendant experienced a valid threat to their personal safety. A criminal defense attorney will need to provide compelling evidence to prove the threat was real. For example, a third-party witness could testify that they observed the threat and would have acted similarly.

Mistaken Identity

Making a mistaken identity defense will require a defense attorney to prove that their client was misidentified as the individual who committed the crime either on purpose or by accident. This could happen through an unreliable account of the events from a third-party witness to unclear surveillance footage that does not clearly show the defendant in the picture. Collecting DNA and other forensic evidence can help find the correct individual.

To secure the most favorable defense strategy for your own case, hire an attorney to begin discussing the details of your case. With their experience in how to win these types of cases, they will assess the strengths of your case and how it compares to any vulnerabilities that exist with the opposing counsel’s narrative. This can help to reduce or dismiss the charges you face in Omaha.

FAQs

Q: What Is the Statute of Limitations on Criminal Charges in Nebraska?

A: The statute of limitations for criminal charges in Nebraska depends on what type of crime is being discussed. Most felony charges require that a plaintiff brings the case to court within three years from the date of the incident. If this deadline is missed, the plaintiff’s client is no longer able to make any charges against the defendant. However, serious crimes like murder or sexual assault do not always impose a statute of limitations on the victim to satisfy.

Q: Do Criminal Defendants Have the Right to a Lawyer?

A: Yes, all criminal defendants in Nebraska have the right to obtain a lawyer for their criminal defense case. This is a right granted by the Sixth Amendment of the U.S. Constitution. This option exists for anyone who might not be able to afford legal services out of their own pocket as well. Having this right helps to ensure that all criminal trials in the state of Nebraska are fair and equitable.

Q: How Long Do Warrants Last in Nebraska?

A: A search warrant must be executed within ten days after it has been issued. This differs from an arrest warrant, which does not have an expiration date and will remain active until the individual is arrested or the court decides to recall the warrant. This means that if someone has an outstanding arrest warrant, it can be enforced at any time. However, if an officer searches your home with an expired search warrant, it could dismiss all evidence they collect.

Q: How Do I Choose the Right Criminal Defense Lawyer to Represent Me?

A: To ensure you hire a defense lawyer who will represent your case well, take the time to research each attorney in your area. Look into how many years they have been practicing law and what their ratio is between winning and losing cases. When someone looks appealing, set up an initial consultation with their law firm to share the details of your case and see if you agree with their approach to try to help reduce or dismiss the allegations you were charged with.

Contact Sopinski Law Office Today

If you have recently been accused of conducting criminal activity in Omaha, you need a strong defense lawyer to help protect your rights. At Sopinski Law Office, we are well-versed in the nuances of the criminal justice system to do just that. Contact us today to learn more about our track record of success and how we can defend your own case.