An Omaha criminal lawyer can explain the importance of not making any incriminating statements. While this standard most applies to police interrogations, there are other instances in which you should exercise your right to remain silent.
Reasons to Remain Silent
While you may trust the people in your life, your communications with them may not be protected. Even certain family members may be subpoenaed and forced to testify against you. Accomplices and jailhouse informants may also have an incentive to say something negative about you, even if it is not true. The prosecution may offer an informant a reduced sentence or charge in exchange for revealing things that you have told him or her.
How to Handle Silence
Your Omaha criminal lawyer understands that family members, acquaintances, and friends may mistake your silence for guilt. People will think that you will want to shout your innocence to the world. However, anything that you say that can be misconstrued can potentially be used against you in court. One reaction to this dilemma is blaming your Omaha criminal lawyer. Simply say that your lawyer ordered you not to discuss the case with anyone. Additionally, you can say that you do not want the individual to be dragged into the trial. Likewise, do not say anything to your lawyer in front of other people that is confidential because doing so can cause you to lose your attorney-client privilege. This standard even applies to calls that you make while in jail. If your call is not made from a phone that is reserved for confidential calls, it may be monitored by guards.
Legal Assistance from an Omaha Criminal Lawyer
If you have any questions, an Omaha criminal lawyer may be able to help.
Before you ever attend a court hearing, your Lincoln criminal lawyer may discuss criminal proceedings and how they work. Here is a brief overview of the process.
Shortly after you are arrested, you will attend a brief hearing in court. During this proceeding, you will be informed of the charges against you and of your rights, including your right to retain a Lincoln criminal lawyer. If the charge is a misdemeanor, you may enter a plea and receive a sentence immediately.
In felony cases, the judge decides whether or not to grant bail. He or she may deny bail and hold you in custody until the trial date. He or she may choose instead to set a certain bail amount. Another option is to release you on your own recognizance.
During the preliminary hearing, the judge decides whether there is probable cause that a crime was actually committed and that you were the perpetrator of the crime. If the judge determines that there is probable cause, he or she will bind you over for trial. If not, you will be released and the case against you will be dismissed.
The first part of the trial process is the selection of the jury. After the jury is selected, the prosecutor and your Lincoln criminal lawyer make opening statements. The prosecution then presents its case through witness testimony. Your lawyer cross-examines witnesses to test their credibility. Your lawyer then presents your defense. After he or she is finished, each lawyer will conclude the case with a closing argument. The jury then deliberates to determine the verdict.
Legal Assistance from a Lincoln Criminal Lawyer
If you would like more information about how criminal proceedings work, contact a Lincoln criminal lawyer for help.
When you are arrested and charged with a crime, you may have the opportunity to be released from custody on the condition that you pay bail money to the court or bail agency. If you were arrested in a jurisdiction that uses a bail agency, an independent division of the courts or other entity will evaluate whether or not you meet the conditions necessary to be released on bail. Generally these conditions refer to the likelihood that you will show up for pre-trial hearings and other court procedures. Criminal defendants have a strong incentive to attend further court appearances to avoid forfeiting the bail money and having a warrant issued for their arrest.
It is important that to realize that you may not have the opportunity to speak with an Omaha criminal lawyer before bail is determined. Presumably you will have asserted your right to remain silent and speak with an attorney at the time of arrest and will be able to consult with an Omaha criminal lawyer before the bail interview or hearing. If so, your lawyer can explain the types of questions that you can expect and advise you on gathering information and witnesses who can speak to your good character. It is in your best interest to speak with an attorney as soon as possible, and if you have any questions,
How Do Bail Agencies Determine If I Will Be Released?
Much like a magistrate or prosecutor, a bail agent will want to see that you and/or your guarantor, are reputable and will cooperate as the criminal case progresses. Fortunately, bail agencies generally do not weigh the seriousness of your offense as heavily the district attorney or judge might. This increases the likelihood that you will be released on bail; especially if your Omaha criminal lawyer is able to provide information that bolsters your reputation and positive image. Anything that shows your ties to the community can be helpful.
- Earnings statements, pay stubs or,
- Names, phone numbers of friends, employers and other references that will allow the bail agency to independently verify the statements you make in the bail interview, and
- Information about your educational background
The idea is to be as cooperative as possible but avoid providing information that may adversely affect the bail agency’s determination. If you have a criminal background, you can be assured that they will ask about it. If you completed your probation or the conviction was expunged, you want to fully explain the circumstances so the interviewer understands that you fulfilled your past obligations and will abide by a bail agreement. You should keep in mind that, because you are facing criminal charges, you may refuse to answer certain questions if it would require you to offer information that is self-incriminating. Depending on the facts of your particular case, it may be advisable to not answer any of the bail agent’s questions. Refusal to answer could have serious consequences and result in the denial of bail, so you want to be absolutely sure your refusal to answer is based on sound legal advice.
Contact an Omaha Criminal Lawyer
Whether you have an upcoming bail hearing or were recently released on bail, the advice of an Omaha criminal lawyer will be an invaluable resource. Contact for further consultation.
In the criminal justice system in the United States, a person is presumed innocent until proven guilty. The prosecution must prove this “beyond a reasonable doubt.” The prosecution must firmly convince the jury of the defendant’s guilt.
Contact a Bellevue Criminal Attorney
For more help understanding the legal terms in your case, contact a Bellevue criminal attorney for help.
When you have been accused of a crime, you might want to review a plea bargain with our Lincoln criminal lawyer. The prosecution sometimes resolves cases through a plea agreement, which generally reduces your charges as you agree to enter a guilty plea, usually in exchange for a reduced offense, a lesser sentence, or even the dismissal of some charges. However, a plea agreement is not always in your best interests, so you might want to consult with an attorney before you sign any documents.
The Initial Appearance and Plea Bargains
A plea bargain is generally not offered at the additional appearance for several reasons. First, the judge who oversees the case does not always have the authority to accept a plea deal. In addition, additional facts are still outstanding in the case and have not yet surfaced. In addition, your lawyer has not had time to investigate the basis for the charges, review any witness statements, or even thoroughly read the police report.
The Arraignment and a Plea Agreement
Generally, the prosecution will submit a plea agreement at the arraignment. The prosecution often wants to resolve cases out of court without processing the offense through the criminal justice system. In other cases, you might not be able to pay bail, so the plea agreement might be an option to secure your release. You might be faced with a dilemma if you enter a not-guilty plea but face additional time in custody until sentencing. On the other hand, a guilty plea could mean that you are granted probation and released right away. However, probation carries numerous strict terms, and many people find that they cannot comply with the requirements of community supervision. If you violate probation, you could face harsh sanctions, including time in custody.
Contact Our Lincoln Criminal Lawyer for Help
The legal professionals understand the complexities of the plea bargaining process and can provide you with further counsel about your options. For more information, contact us now
When police take a suspect into custody, by law they must administer the Miranda Warnings to the suspect, which state that the suspect can remain silent and does not have to answer any questions posed of them. Any information a suspect discloses can be used to incriminate them – regardless of the validity or accuracy of the statements.
Contact Our Omaha Criminal Lawyer
For more on your rights, contact our Omaha criminal lawyer for help.
Being arrested can be incredibly stressful, and an Omaha criminal attorney can help you avoid the prospect of paying thousands of dollars in bail. Judges and magistrates know that serious charges carry the risk that a defendant will flee from prosecution. Hence, the courts do not hesitate to impose very high bail requirements. A skilled Omaha criminal defense lawyer can put your mind at ease and, in many cases, reduce the amount of bail you have to pay.
There are numerous things that the judge will consider, and an Omaha criminal attorney can explain all of the possible scenarios based on the charges and the facts of your case. These factors include:
• The seriousness of the charges
• Your criminal record, if any
• Your financial assets and/or employment record
• Your flight risk
• The likelihood that you will commit additional crimes while your case is pending
Your attorney should be able to convince the judge that you are not a flight risk and that you will show up for future court dates. Additionally, your attorney will argue that the amount of bail levied is not proportional to the charges that you are facing. Judges use a very formulaic approach to deciding the amount of bail, and you need an Omaha criminal defense lawyer who is experienced in handling pre-trial hearings. If you have been arrested and are facing charges, the most important thing you can do is assert your right to remain silent and demand to speak with an Omaha criminal defense lawyer. The next step is to call an attorney with a track record of fighting serious charges and negotiating to have bail reduced.
Contact an Omaha Criminal Defense Lawyer
Lawyers having years of experience as a criminal defense attorney in Nebraska and Iowa. Contact today for a consultation.
According to The Constitution of the United States of America, the police are not allowed to unreasonably search or seize your property. In general, this means that you cannot be arrested or stopped by the the police for no reason. However, the law allows police to stop you if there is a reasonable suspicion that you committed a crime. To find out more about when you can be stopped by the police, contact a criminal defense attorney.
Contact an Omaha Criminal Defense Attorney
For more information on your rights with the police, call an Omaha criminal defense attorney for consultation.
You have the right to representation in court by an Omaha criminal lawyer, but you can choose to represent yourself. Review these factors to help decide whether you need an attorney or not.
Contact an Omaha Criminal Lawyer
For more information on what is the right representation for you, contact an Omaha criminal lawyer for help.
If you have been charged with a DUI, an Omaha DUI lawyer can help you decide whether it is in your best interest to testify at your trial. There are many factors in determining if you should testify in your DUI trial. The decision is yours; no one can make you testify. However, if you do, the prosecutor will be allowed to cross-examine you. You and your attorney can discuss whether your story will stand up to a cross-examination, or whether it is not worth it for you to testify at all. However, since the jury is to presume you are innocent, an Omaha DUI attorney knows that juries prefer to hear from the person charged. There are many details you can provide that no one else can.
What Jurors Want to Hear
Jurors will be looking for answers to many questions, including the following:
- What were you doing immediately prior to your arrest?
- Why are the results of the blood test or breathalyzer above the legal limit?
- What symptoms of intoxication did the police witness?
You are the only person that can testify about all your activity prior to, during, and following the arrest. It is also possible that you end up being the only person to testify on your own behalf.
Legal Ramifications of Your Testimony
If no evidence will be presented and you do not testify, then your attorney cannot make an opening statement. However, if you do testify, much of what you say will be your word against that of the police officer, or against the breathalyzer machine. If you choose to testify about the amount of alcohol you consumed, then an additional expert testimony may be necessary to explain your testimony. In other words, an expert can explain any conflict in evidence between the amount you claim to drink, and how the breathalyzer result may not tell the entire story.
Talk to a Lawyer Today
For more information on whether you should testify in your DUI trial, contact an Omaha DUI lawyer for help.