Regardless of what you plan on pleading, it is vital you hire a criminal defense lawyer to protect your rights. Representing yourself in court is never a good idea, as the prosecution seeks to bring the harshest penalties possible in criminal cases.
Do you need a lawyer for a felony charge?
If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case. At Wallin & Klarich, our attorneys have been successfully defending clients facing misdemeanor and felony charges for more than 40 years. We’ve helped thousands of clients in their time of legal need.
What to do if you are charged with a felony?
Contact an Attorney Immediately Call a lawyer if you are charged with a felony. The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney.
What happens if you are charged with a felony?
Regardless of what crime you are charged with, a felony is an extremely serious matter. If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.
What to do if a defendant cannot afford to hire a lawyer?
Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
What is the extra step in a felony case?
Charging. In felony cases, there’s this extra step of going before the grand jury. Before charges are given, the prosecutor must present the grand jury – in a very confidential setting – with their evidence and witness testimonies where they decide if there’s enough evidence against you to pursue the case. Charges then come in the form of an ...
What happens if a jury finds you guilty?
If the jury finds you guilty, the judge will then hold another trial for them to determine your sentence. For felonies, this can range from serious jail time, to fines, and other penalties. It will usually be based off of predetermined sentences from Congress, or through the sentencing guidelines of the United States Sentencing Commission. They’ll also look at any aggravating circumstances and your prior conviction. After factoring all this, they’ll come up with your punishment.
How long do you have to go to jail if you haven't left jail?
This is another one of those rights that you can waive, but you should only do so if there is abundant evidence against your case. If you believe the prosecution can’t prove your guilt in court, then taking it to a preliminary hearing may be a way to avoid all of that. If you haven’t left jail on bail, this must be done within 14 days. Otherwise, it must be done within 21.
Is the federal criminal process the same as the state?
Whether it’s on a state or federal level, it’s going to be a pretty similar process. The process will vary somewhat, however, state-to-state, as well as depending on the seriousness of the conviction, whether you waive any rights, and what methods your lawyer decides to use. The US Department of Justice (DOJ) outlines ten steps to the federal criminal process, which provides a basic outline on what to expect in most cases.
What do criminal defense lawyers do?
Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
What is the power of a prosecutor to decide whether to file a charge?
For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
How to help a defendant with fear?
Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.
How is self representation made difficult?
Self-representation is made difficult in part by the typical gulf between paper and practice in criminal cases. In books you can find laws that define crimes, fix punishments for their violation, and mandate courtroom procedures. Take the time and trouble to read these books, defendants might think, and they'll understand the system. Alas, the practice of criminal law can't be understood by reading books alone, even this one. To experienced criminal defense attorneys, the criminal law appears much the same as a droplet of water appears to a biologist under a microscope—a teeming world with life forms and molecules interacting unpredictably.
What is the power of the prosecutor?
The Power of the Prosecutor. For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file — determines much of what actually happens in the criminal courts.
What is a statute book that looks on paper to constitute one specific crime?
What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
Can a defendant afford to spend time on a case?
Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
What to do if you have been charged with a crime?
If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially ...
Can a defendant get a public defender?
Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney. In this section we'll explain who can get free legal representation, and who must (or should) hire their own criminal defense attorney.
Can an attorney give advice?
While attorneys can give advice, clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. More See all Working With Your Criminal Defense Lawyer Topics. See More Working With Your Criminal Defense Lawyer Articles.
What is the Difference Between a Felony Versus a Misdemeanor?
A crime that is classified as a felony is generally considered to be more serious of an offense than that of a misdemeanor. This is partly because a felony offense requires proof of a higher level of mens rea (i.e., required mental state of intent) than the mental state required to commit a misdemeanor.
What are Some Common Felony Charges?
Although felony offenses and their resulting penalties will vary depending on the jurisdiction, states will generally classify the following crimes as felonies:
What are Some Common Defenses for Felony Charges?
The defenses available for each felony will vary according to the unique circumstances surrounding each case, as well as the type of felony involved. Some common defenses to felony charges include:
Should I Hire a Lawyer for Help with Felony Charges?
The punishment resulting from the conviction of a felony offense is often very serious and could have far-reaching consequences. A conviction will most likely remain on your criminal record for life, which can hurt your ability to find a job, get custody of your children, and in some instances, even impact your right to vote.
How Are Criminal Offenses Categorized in Nebraska?
Like most states, the State of Nebraska first divides criminal offenses into two broad categories – misdemeanors and felonies. Misdemeanors are the less serious offenses that carry a potential punishment of less than a year in jail if convicted.
Is a Felony Conviction Different than a Misdemeanor Conviction?
The potential term of imprisonment and/or fines you may be sentenced to is one of the most obvious differences between a misdemeanor and a felony conviction; however, there are other important differences as well.
How Can a Felony Attorney Help?
Ideally, you will have legal representation from the moment of initial contact with law enforcement whey. In the offense in question is a felony.
Contact Us
If you are suspect or an accused in a felony crime, it is in your best interest to consult with an experienced Nebraska felony attorney right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced felony attorney.
What will happen when I am charged with a crime, and how do I ask for a lawyer?
For many minor offenses you will receive a court Summons. The Summons will tell you when you need to appear in court.
What if I cannot make bail?
If after 2 business days you are still in jail, the sheriff will take you to see the judge. This is called your “first appearance” or “arraignment”. This is not a trial. This hearing may be by video conference from the jail. At this hearing, you can:
What if I am denied a free lawyer but still want to get one?
You can find lawyers listed in your local phone book or online (link is external) . Also, the Maine Bar Association offers a lawyer referral service (link is external) : 1-800-860-1460. For a $25 fee, they will refer you to a lawyer who will give you a free one-half hour consultation.
What is a lawyer?
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
Why do you need a lawyer for a contract?
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
What kind of services do lawyers provide?
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
What is family law?
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.
Why is it important to have a family lawyer?
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
What is personal injury?
In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.
What is criminal law?
Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.
What happens if you are charged with a felony?
If you have been charged with a felony crime or are the subject of a criminal investigation, you should hire a criminal defense lawyer immediately. Felonies are the most serious of crimes, and if found guilty you face at least a year in prison.
What to do if you have a felony conviction?
With your permission, attempt to negotiate a plea bargain with prosecutors, which would allow you to plead guilty to lesser charges in exchange for a lesser punishment. Because of the serious consequences of a felony conviction, you should speak to a felony criminal defense attorney as soon as you learn you're the subject ...
What are some examples of misdemeanors?
Examples of misdemeanors would include theft, disorderly conduct, prostitution, trespassing and vandalism.
What are some examples of felonies?
Examples of felonies would include murder, kidnapping, armed robbery, arson, rape and terrorism. In some instances, a crime may be classified as both a misdemeanor and a felony depending on its severity. For example, DUI/DWI and assault can result in either misdemeanor or felony charges.
What happens if you get convicted of a misdemeanor?
If found guilty of a misdemeanor, you would face less than a year of imprisonment, and might have a sentence that does not include any jail time. Punishment for a misdemeanor crime can also include fines, probation and/or community service.
Why hire a criminal defense lawyer?
Reasons to Hire a Felony Criminal Defense Lawyer. If you've been investigated, questioned, arrested or charged with a felony crime, you should hire a felony attorney as soon as possible. Your attorney can: With your permission, attempt to negotiate a plea bargain with prosecutors, which would allow you to plead guilty to lesser charges in exchange ...
How long do you go to jail for a felony?
Generally speaking, if you are found guilty of a felony, you face at least a year in prison. However, prison sentences can be much longer, and may even result in the death penalty. You may also have to pay fines or other restitution.
How to defend yourself against a felony charge?
The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case. It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime.
What is a felony charge?
A felony charge is a serious accusation with potentially life-changing consequences. If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case.
What is the difference between a misdemeanor and a felony?
Generally, a misdemeanor is punished by time in county jail, a fine or both. A felony carries more severe potential penalties, including a prison or county jail sentence . In addition, you may have to pay restitution to the victim of the crime. You could also lose certain rights once you are released from prison if you are convicted of a felony.
What happens if you are convicted of a felony?
If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.
Why is it important to hire a criminal defense attorney?
It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime. The prosecutor will know all the technicalities of the law that you may not know, and most of all, they will know how to sell you on agreeing to a plea bargain that will seem like your best option.
How to avoid incriminating yourself?
The easiest way to avoid incriminating yourself is to remain silent. If you find yourself in custody, refuse to answer any questions and politely insist that you will not answer anything without a lawyer present. You do not need to act hostile toward the police in order to exercise your right to remain silent.
What rights do you lose when you get out of prison?
For instance, you might lose your right to vote and your right to own a firearm. You might be denied the chance to serve in the military or be denied a professional license.
Investigation
Charging
- In felony cases, there’s this extra step of going before the grand jury. Before charges are given, the prosecutor must present the grand jury – in a very confidential setting – with their evidence and witness testimonies where they decide if there’s enough evidence against you to pursue the case. Charges then come in the form of an indictment – a f...
Initial Hearing
- Sometimes called an arraignment, this is when you are brought in front of a judge for you to have your charges explained to you, establish your attorney, decide if you must stay in prison until your trial, and allow you to plead guilty or not guilty. In accordance with your right to a fair and speedy trial, this should happen on the day of or the day after your arrest. If you are allowed to leave pris…
Discovery
- This is the period where both the prosecutor and your lawyer are preparing their arguments, sifting through evidence and how it applies to the laws regarding your crime. During this time, witnesses will be gathered and questioned in order to get more information on the prosecution or defense of your case. These witnesses can be sorted into three types: Lay witness: This is a witness that sa…
Plea Bargaining
- If this step is successful, it pretty much puts an end to this whole process. It involves admitting guilt and going before the court to receive your sentencing after this. It doesn’t mean that you’re going to get a sentence less than justice or the law requires, but it may keep you from getting a heavier sentence than if you’re proven guilty in court.
Preliminary Hearing
- This is another one of those rights that you can waive, but you should only do so if there is abundant evidence against your case. If you believe the prosecution can’t prove your guilt in court, then taking it to a preliminary hearing may be a way to avoid all of that. If you haven’t left jail on bail, this must be done within 14 days. Otherwise, it must be done within 21. The rules are a littl…
Pre-Trial
- During this time, the prosecutor or defense can file motions that determine important aspects of the trial, which the judge will then decide upon. They typically come in three different types: Motion to dismiss: If there’s further protest on whether there’s enough evidence to prosecute or whether it really is a crime that was committed, there can be files submitted to drop the charge. …
Trial
- This is the big one. The whole process up to this point may have taken weeks or months, as it takes time for the prosecution to build up a good enough case for your guilt that they believe won’t be questionable in court, or to prepare for any defenses or other aspects that may arise in the trial. The judge is not the one who determines guilt; they’re responsible for the sentencing. One of the …
Post-Trial
- This is another period to make motions, this time about the case’s outcome. These come in the form of: 1. Motion for a new trial:This is when they believe justice wasn’t served and want a new trial. 2. Motion for judgment of acquittal:This is a request for the judge to override the jury’s decision. 3. Motion to vacate, set aside, or correct a sentence:And this one is usually used to fix …
Sentencing
- If the jury finds you guilty, the judge will then hold another trial for them to determine your sentence. For felonies, this can range from serious jail time, to fines, and other penalties. It will usually be based off of predetermined sentences from Congress, or through the sentencing guidelines of the United States Sentencing Commission. They’ll also look at any aggravating circ…
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