| Criminal Law |
Criminal suspects and criminal defendants are specially
protected by Constitutional safeguards, including the right
to a trial by jury, the right to legal counsel, and the right to
remain silent. Furthermore, unlike in a civil trial, a
defendant in a criminal trial must be proven guilty beyond
a reasonable doubt.
A felony is a classification of criminal offenses more
serious than misdemeanors. More precisely, a felony is a
criminal act punishable by incarceration exceeding one
year, fines more than $1000, or both. If you are charged
with a felony you have a Constitutional right to a jury trial.
In Nebraska, felonies are ordinarily first charged in
County Court. For the case to be transferred ("bound
over") from County Court to District Court--which is where
the actual trial on felony charges would be held--the
County Attorney has to show probable cause at a
preliminary hearing that the offense occurred. Often,
defendants waive their right to a preliminary hearing. But
sometimes there are good strategic reasons to not do so.
Misdemeanors are offenses that are less serious than
felonies but more serious than civil infractions.
Misdemeanors are punishable by incarceration of a year
or less.
protected by Constitutional safeguards, including the right
to a trial by jury, the right to legal counsel, and the right to
remain silent. Furthermore, unlike in a civil trial, a
defendant in a criminal trial must be proven guilty beyond
a reasonable doubt.
A felony is a classification of criminal offenses more
serious than misdemeanors. More precisely, a felony is a
criminal act punishable by incarceration exceeding one
year, fines more than $1000, or both. If you are charged
with a felony you have a Constitutional right to a jury trial.
In Nebraska, felonies are ordinarily first charged in
County Court. For the case to be transferred ("bound
over") from County Court to District Court--which is where
the actual trial on felony charges would be held--the
County Attorney has to show probable cause at a
preliminary hearing that the offense occurred. Often,
defendants waive their right to a preliminary hearing. But
sometimes there are good strategic reasons to not do so.
Misdemeanors are offenses that are less serious than
felonies but more serious than civil infractions.
Misdemeanors are punishable by incarceration of a year
or less.
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| Law Office of William J. O'Brien 4848 South 120th Street Omaha, Nebraska 68137 (402) 201-8581 |