Nebraska Criminal Defense Attorneys

At DearLegal, we connect you with experienced Nebraska criminal defense attorneys who navigate the state’s Class I-V felony grading scheme, habitual criminal enhancements, set-aside dispositions, and Nebraska’s limited record relief framework. Whether your case is in Douglas (Omaha), Lancaster (Lincoln), Sarpy, Hall, Buffalo, or anywhere across Nebraska’s 93 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Nebraska State Patrol, Omaha PD, Lincoln PD, and sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Neb. Const. Art. I, § 12 right against self-incrimination.

Yes. Nebraska Class I misdemeanors carry up to 1 year jail and $1,000 fines under Neb. Rev. Stat. § 28-106. Diversion through County Attorney offices in many counties (notably Douglas and Lancaster) can result in dismissal. DV and DUI convictions trigger major collateral consequences.

State cases go through Nebraska District Court (felonies) or County Court (misdemeanors). Federal cases go to U.S. District Court for the District of Nebraska (Omaha, Lincoln, North Platte) under the U.S. Sentencing Guidelines. Federal cases commonly involve I-80 drug trafficking, § 922(g) firearm cases, and federal fraud.

Nebraska plea agreements are negotiated between the County Attorney (felonies) or City Attorney (misdemeanors) and defense. Pleas can include charge reductions, diversion, drug court entry, problem-solving court entry, and stipulated sentence recommendations.

Nebraska expungement is limited. Set-aside under Neb. Rev. Stat. § 29-2264 doesn’t erase the conviction but adds a notation that it has been set aside. Sealing of arrest records for non-convictions under § 29-3523. Pardons through the Nebraska Pardons Board are the primary path to full record relief for convictions — Nebraska is one of the more restrictive states.

Nebraska handles juveniles under 18 in juvenile court under Neb. Rev. Stat. § 43-247. Juvenile records are confidential and sealable under § 43-2,108 et seq. Transfer to adult court for juveniles 14+ for serious felonies under § 43-274. Most 17- and 18-year-olds in misdemeanor cases now stay in juvenile court (recent reforms).

Nebraska DUI under Neb. Rev. Stat. § 60-6,196 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under § 60-6,197 — refusal is a separate offense. Mandatory IID for certain offenses under § 60-6,211.05. Third DUI is a Class IIIA felony.

Why Do You Need a Criminal Defense Attorney in Nebraska?

Nebraska grades felonies as Class I (death — capital), Class IA (life imprisonment), Class IB (20 years to life), Class IC (5-50), Class ID (3-50), Class II (1-50), Class IIA (0-20), Class III (0-4 plus 9-24 mo post-release), Class IIIA (0-3 plus 9-18 mo PRS), Class IV (0-2 plus 12 mo PRS) under Neb. Rev. Stat. § 28-105. Nebraska retains the death penalty (briefly abolished by legislature in 2015, then restored by referendum in 2016). The Habitual Criminal enhancement under Neb. Rev. Stat. § 29-2221 dramatically increases minimums — defendant with two prior felonies (each with 1+ year served) faces mandatory 10-60 years. Nebraska has medical cannabis legalized in 2024 (Initiative 437) but recreational remains illegal — possession under 1 oz first offense is an infraction; over 1 oz is a misdemeanor or felony depending on quantity. Nebraska’s set-aside statute under Neb. Rev. Stat. § 29-2264 allows the court to set aside a conviction upon completion of sentence, but the record remains. Expungement is limited — pardons (through the Pardons Board) are the primary path to record relief for most convictions. Nebraska County Attorneys plea-bargain extensively.

When Do You Need a Criminal Defense Attorney in Nebraska?

Our network includes Nebraska criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Nebraska

From the moment you connect with a Nebraska criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to Nebraska State Patrol, sheriffs, or any Nebraska officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Nebraska court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Nebraska County Attorneys subpoena platforms

Deleting messages or photos from your phone — Tampering with Evidence (Neb. Rev. Stat. § 28-922) is a Class IV felony

Accepting the County Attorney’s first plea offer without exploring diversion, drug court, or charge reduction

Talking to Nebraska State Patrol, sheriffs, or any Nebraska officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Nebraska court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Nebraska County Attorneys subpoena platforms

Deleting messages or photos from your phone — Tampering with Evidence (Neb. Rev. Stat. § 28-922) is a Class IV felony

Accepting the County Attorney’s first plea offer without exploring diversion, drug court, or charge reduction

Common Nebraska Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Nebraska Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Nebraska work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Neb. R. Prof. Conduct § 3-501.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Nebraska Commission on Public Advocacy and county public defenders represent indigent defendants.

What Can Your Nebraska Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient probable cause, speedy trial under Neb. Rev. Stat. § 29-1207 (6-month rule), or County Attorney motion to dismiss.

Charge Reduction

Reduction from felony to misdemeanor, from higher Class to lower, removal of habitual criminal or firearm enhancement allegations.

Pretrial Diversion / Problem-Solving Courts

Pretrial Diversion through County Attorney offices — successful completion = dismissal. Drug court, mental health court, veterans court, DUI court available in many counties.

Plea Agreement

Negotiated resolution. Includes charge reductions, dismissed counts, recommended sentences, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Nebraska jury or judge. Nebraska criminal juries are 12 for felonies, 6 for County Court misdemeanors, and must be unanimous (Neb. Const. Art. I, § 6).

Post-Conviction Relief

Nebraska Post Conviction Act (Neb. Rev. Stat. § 29-3001) — 1-year filing window from finality. Set-aside under § 29-2264 separately available. Pardons via Pardons Board.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Nebraska Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Nebraska?

When Do You Need a Criminal Defense Attorney in Nebraska?

Types of Criminal Defense Cases in Nebraska

Common Nebraska Criminal Defense Mistakes

How Much Do Nebraska Criminal Defense Attorneys Cost?

What Can Your Nebraska Criminal Defense Compensation Include?

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