Omaha Criminal Defense Lawyer: Protecting Your Rights When Charged With DUI and More
April 8, 2020 | General
Being charged with DUI or another criminal offense can carry a variety of life-changing consequences. Depending on the severity of the case, outcomes can range from jail sentences, fines, or disqualification from potential job opportunities within a certain field. Criminal defense cases can include offenses such as DUI, assault, drug crimes and theft. Having a Nebraska criminal defense attorney on your side who is experienced in defending all levels of DUI and other criminal defense law is critical to achieve a favorable outcome to your case. This blog provides an overview of Nebraska criminal offenses, from DUI to more severe charges.
At High & Younes, our philosophy is simple: We get our clients the best results by working smart, communicating effectively, and maintaining integrity. This philosophy has earned us the respect and trust of judges and other lawyers alike. We take the time to listen to our clients and make the effort necessary to get them the results they need.
Call us today at 402-933-3345.
Probation & Parole Violation Defense
After you’ve been released from prison, there is typically a period of re-integration known as parole. During that period, you are required to comply with the specific terms and conditions set out by the courts or parole officer. Failure to comply with these terms and conditions can have serious consequences, seeing as the parole period is a test to determine if the individual is ready to re-enter society following a prison sentence. What those consequences are depends upon the type of violation that occurs and the decision of the parole officer and parole board.
Driving Under the Influence
Driving under the Influence is a Class W Misdemeanor in Nebraska. The possible penalty varies depending on whether the conviction is the first, second or third offense. However, the maximum potential sentence ranges from 60 days to one year in jail and between a $500 and $1,000 fine.
DUI is a serious offense, in addition to the danger you pose to yourself and others, you also expose yourself to severe penalties including; a heavy fine, court costs, insurance surcharges, motor vehicle surcharges, loss of license and even a jail term. Since these penalties are significant and create a negative record that could affect your ability to get a job, obtain insurance and generally get on with your life, you contact the attorneys at High & Younes who are dedicated to the field of DUI defense.
We will look at all aspects of your case in great detail. You need this level of legal counsel because driving under the influence cases can be the most difficult ones in which to obtain a successful outcome. Everyone deserves the right to the best defense available and the DUI lawyers at High & Younes will provide you with the best. Call us today 402-933-3345.
Misdemeanors in Nebraska
A misdemeanor crime is less serious than a felony, but a misdemeanor conviction in Nebraska can become part of your permanent criminal record. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A conviction for even a minor crime can hurt you when you are looking for a job, applying to rent a house or apartment, or applying for a professional license. A person convicted of misdemeanor possession of an illegal substance – even a tiny amount for personal use only – can be barred from ever receiving federal financial aid for students.
Currently, Nebraska has seven classes of misdemeanors: Class I through Class V misdemeanors, a Class IIIA misdemeanor and a Class W misdemeanor. Class I and Class W are the most serious misdemeanors.
Class I Misdemeanors: Some examples of Class I misdemeanors are identity theft (if the value gained is less than $200), impersonating a peace officer, and assault in the third degree. Class I Misdemeanors are punishable by up to one year in jail or a fine up to $1,000, or both.
Class II Misdemeanors: Hazing, second degree criminal trespass, and passing a bad check in an amount less than $200 are Class II misdemeanors. Class II Misdemeanors are punishable by up to six months in jail or a fine up to $1,000, or both.
Class III Misdemeanors: Class III misdemeanors include theft of property valued at $200 or less, littering, a first reckless driving offense, and possession of marijuana (more than one ounce but less than one pound). Class III Misdemeanors – up to three months in jail or a fine up to $500, or both.
Class IIIA Misdemeanors: A repeat offense of owning a dangerous dog and a third offense of possession of one ounce or less of marijuana are Class IIIA misdemeanors, and are punishable by up to seven days in jail or a fine up to $500, or both.
Class IV Misdemeanors: Class IV misdemeanors are not jailable offenses and include some agricultural crimes, some gambling offenses, harassment of a police animal, and purchase of a lottery ticket by a person under the age of 19. Class IV Misdemeanors – a minimum fine of $100 or up to $500.
Class V Misdemeanors: Class V misdemeanors also are not jailable offenses. The sale of a puppy or kitten under 8 weeks old without the animal’s mother by an individual (not a shelter), smoking or using tobacco products under the age of eighteen, and obstructing entrance or exit from a polling place are Class V misdemeanors. Class V Misdemeanors are punishable by a fine of up to $100.
Class W Misdemeanors: Driving under the influence, or DUI, is a Class W misdemeanor and is taken quite seriously. The possible penalty varies depending on whether the conviction is the first, second or third offense. However, the maximum potential sentence ranges from 60 days to one year in jail and between a $500 and $1,000 fine.
If you are facing a misdemeanor charge in Nebraska, the experienced criminal defense lawyers at High & Younes can help you. Whether it is to examine grounds for charge dismissal, evaluate plea options, or represent you at trial, our skilled attorneys will work hard to get you a favorable outcome in court or at the negotiating table. Let us help you protect your rights. Call us today: 402-933-3345.
Felonies in Nebraska
Felonies are serious crimes that usually are punishable by more than one year in prison. Like a misdemeanor, a felony conviction becomes part of your permanent criminal record. If you are convicted later of another felony, the court can consider your prior conviction and impose a harsher sentence in the new case. Being a convicted felon can hurt you when you are looking for a job and applying to rent a house or apartment. In addition, convicted felons lose the right to vote, to carry firearms, and to obtain certain professional licenses.
Nebraska law organizes felonies into classes. Class I felonies are the most serious felonies and Class IV felonies are the least serious.
Class I felony is first degree murder in some cases and carries the death penalty.
Class IA felonies are murder, arson, and kidnapping can carries a sentence of life in prison.
Class IB felonies can include manslaughter, aggravated assault, burglary, and sexual assault of a child in the first degree and are punishable by 20 years to life in prison.
Class IC felonies are robbery, use of a deadly weapon to commit a felony, and possession of certain amounts of illegal substances. Class IC felonies are punishable by a minimum of 5 years in prison with a possible maximum of 50 years.
Class ID felonies include possession of certain illegal substances (10 – 28 grams), assault on a police officer or health care professional, and manufacture or distribution of child pornography. Class ID felonies are punishable by a minimum of 3 years in prison with a possible maximum of 50 years.
Class II felonies are robbery, human trafficking, assault in the first degree, and sexual assault in the first degree, and a punishable by a sentence of 1 to 50 years in prison.
Class III felonies can include forgery in the first degree, assault in the second degree, strangulation with a dangerous instrument, sexual assault in the second degree, and manufacture or distribution of certain drugs. They are punishable by a sentence of 1 to 20 years in prison, a fine of up to $25,000 or both.
Class IIIA felonies are manufacture or distribution of certain drugs and criminal enticement of a child and are punishable by a sentence of up to 5 years in prison, a fine of up to $10,000 or both.
Class IV felonies include assisted suicide and forgery in the second degree and are punishable by a sentence of up to 5 years in prison, a fine of up to $10,000 or both.
If you are facing a felony charge, contact the skilled criminal defense lawyers at High & Younes today. Our team will work diligently to defend your rights and get you the best outcome for your case. Call us today: 403-933-3345. From DUI to drugs to more serious charges, we are here to protect your rights.