1. Olsen Law Offices, P.C., L.L.O. – Tom Olsen
Practice Focus: Drug crimes defense (state and federal), DUI/DWI defense, illegal search and seizure cases, weapons violations, sex crimes defense
Case Types Handled: Felonies, misdemeanors, federal crimes, drug offenses (possession, trafficking, distribution), DUI/DWI, weapons charges, sex crimes, out-of-state drug arrests on I-80
Legal Services: Trial defense, motion to suppress hearings, federal court representation, plea negotiations, pretrial investigation
Background: Tom Olsen has over 34 years of criminal trial experience. He is a former Assistant Attorney General for the State of Nebraska and former Assistant Omaha City Prosecutor. Attorney Olsen graduated from Syracuse University College of Law with Magna Cum Laude Honors, receiving awards for high scholastic achievement including Trial Advocacy and Constitutional Law. His practice is 100% devoted to criminal defense, with particular expertise in illegal search and seizure drug cases. He has represented thousands of clients facing serious criminal charges in both state and federal courts.
Location: 10730 Pacific Street, Suite 215, Omaha, NE 68114
Contact: (402) 598-6270 | https://www.olsenlawomaha.com
Consultation: Free initial consultation available
2. Michael J. Fitzpatrick, Attorney at Law
Practice Focus: DUI/DWI defense, drug crimes, assault charges, domestic violence, general criminal defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, assault, domestic violence, theft, traffic offenses
Legal Services: Trial defense, field sobriety test challenges, breathalyzer challenges, pretrial motions, plea negotiations
Background: Michael J. Fitzpatrick is a former police officer and former city and county prosecutor. His background as both a law enforcement officer and prosecutor gives him insight into how criminal investigations are conducted and how cases are built by the prosecution. He is certified in field sobriety testing and breathalyzer testing, making him particularly qualified to handle DUI cases and challenge the evidence presented by prosecutors. His practice is entirely focused on criminal defense.
Location: 1299 Farnam Street, Suite 300, Omaha, NE 68102
Contact: (402) 341-6336 | https://www.omahadefense.com
Consultation: Free initial consultation available
3. Petersen Criminal Defense Law – Thomas M. Petersen
Practice Focus: DUI/DWI defense, federal crimes, sexual assault defense, drug crimes, assault charges, white collar crimes
Case Types Handled: Felonies, misdemeanors, DUI/DWI, federal crimes, sexual assault, drug offenses, assault, domestic violence, white collar crimes
Legal Services: Trial defense, federal court representation, motion practice, plea negotiations, sentencing advocacy
Background: Thomas M. Petersen has over 30 years of experience in criminal defense and has handled over 7,000 cases since establishing his practice in 1995. He graduated from Creighton University School of Law. Due to the complexity of criminal law, Attorney Petersen has limited his practice solely to criminal defense matters including drunk driving, federal crimes, sexual assault, drug crimes, and assault. His firm offers free initial consultations with no obligation, and all consultations remain confidential.
Location: 7602 Pacific Street, Suite 102, Omaha, NE 68114
Contact: (402) 512-5724 | https://www.criminaldefensene.com
Consultation: Free confidential consultation available
4. Liberty Law Group – Seth Morris
Practice Focus: Criminal defense, personal injury, drug crimes, DUI defense, assault charges, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, assault, domestic violence, theft, federal crimes
Legal Services: Trial defense, state and federal court representation, motion practice, plea negotiations, appeals
Background: Attorney Seth Morris founded Liberty Law Group and focuses his practice on defending individuals against a wide range of criminal accusations. The firm provides representation in both Nebraska and Iowa, with attorneys licensed to practice in both states and experienced in state and federal courts. Liberty Law Group has offices in both Lincoln and Omaha to serve clients throughout Nebraska. The firm emphasizes protecting constitutional rights, including the right against unreasonable search and seizure, due process, and the right to trial by jury.
Location: 13321 California Street, Suite 300, Omaha, NE 68154
Contact: (402) 926-0903 | https://libertylawgroup.com
Consultation: Free consultation available
5. Hightower Reff Law – Criminal Defense Team
Practice Focus: DUI/DWI defense, felony defense, misdemeanor defense, juvenile defense, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, domestic violence, drug offenses, theft, juvenile offenses, probation violations
Legal Services: Trial defense, bond hearings, set-aside petitions, juvenile court representation, plea negotiations
Background: Hightower Reff Law provides criminal defense representation in the Omaha metro area and throughout Nebraska and Iowa. The firm has a specialized team approach, leveraging the combined skills and experience of multiple attorneys. They handle misdemeanor, felony, DUI, and juvenile charges. The firm offers set-aside assistance for eligible clients under Nebraska law, which allows certain convictions to be set aside upon successful completion of probation or a fine-only sentence, helping clients move forward with employment and housing opportunities.
Location: 2727 N. 118th Street, Omaha, NE 68164
Contact: (402) 932-9550 | https://hrlawomaha.com
Consultation: Contact for consultation information
Criminal Defense Regulations in Nebraska
Nebraska attorneys must be licensed by the Nebraska Supreme Court and registered with the Nebraska State Bar Association. Admission requires passing the Nebraska Bar Examination or meeting admission requirements for attorneys licensed in other jurisdictions. The Nebraska Supreme Court’s Counsel for Discipline handles attorney disciplinary matters.
Nebraska requires attorneys to complete 10 hours of Continuing Legal Education (CLE) annually, including at least 2 hours in ethics and professionalism every two years. Nebraska does not have a state-administered specialty certification program for criminal defense attorneys.
The Nebraska Commission on Public Advocacy provides representation for indigent defendants in serious felony cases, including capital cases. County public defender offices handle most indigent criminal defense in individual counties. Douglas County (Omaha) maintains a Public Defender’s Office that provides representation for qualifying defendants. Eligibility is determined by income guidelines and the potential penalties of the charged offense.
Nebraska classifies crimes into felonies and misdemeanors. Felonies are divided into classes: Class I (most serious, maximum penalty of death for first-degree murder or life imprisonment), Class IA (life imprisonment), Class IB (20 years to life), Class IC (5-50 years), Class ID (3-50 years), Class II (1-50 years), Class IIA (0-20 years), Class III (0-4 years with possible fine), Class IIIA (0-3 years with possible fine), and Class IV (0-2 years with possible fine). Misdemeanors are divided into Class I (0-1 year jail), Class II (0-6 months), Class III (0-3 months with possible fine), Class IIIA (0-7 days with possible fine), and Class V (fine only).
Nebraska is one of the states that retains the death penalty. Capital punishment applies only to first-degree murder cases with aggravating circumstances. Nebraska uses lethal injection as the method of execution. Capital defense attorneys must meet specific qualification requirements.
Nebraska’s bail system allows judges to set bail based on the nature of the offense, criminal history, community ties, and risk of flight or danger to the community. Nebraska utilizes pretrial release programs in some counties. Defendants may post cash bond, use a bail bond company (typically 10% premium), or be released on personal recognizance for certain offenses.
Nebraska law provides for set-aside of convictions under Nebraska Revised Statute 29-2264. A person who has completed probation satisfactorily or paid a fine as a sentence may petition the court to set aside the conviction. If granted, the conviction is set aside, and the person is treated as though never convicted for most purposes, though the set-aside does not automatically restore firearm rights or expunge the record from all databases. Nebraska does not have a comprehensive expungement statute, though arrest records that did not result in conviction may be sealed in certain circumstances.
Nebraska imposes habitual criminal penalties for defendants with multiple prior felony convictions. Under the Habitual Criminal Act (Neb. Rev. Stat. 29-2221), a person convicted of a felony who has been twice previously convicted of crimes punishable by imprisonment may be sentenced to 10-60 years imprisonment. Enhanced penalties also apply for various offenses including drug crimes and crimes committed with firearms.
Attorney advertising in Nebraska is governed by the Nebraska Rules of Professional Conduct, which prohibit false or misleading communications. Attorneys must not make claims about qualifications or results that cannot be substantiated.
Frequently Asked Questions
What happens after an arrest in Douglas County?
After an arrest in Douglas County, the defendant is typically transported to the Douglas County Department of Corrections at 710 S. 17th Street for booking. The booking process includes fingerprinting, photographing, and intake processing. For felonies, the defendant must be brought before a judge within a reasonable time (typically within 24-48 hours) for an initial appearance where charges are explained, rights are advised, counsel is appointed if needed, and bail is addressed. For misdemeanors, the defendant may be released with a court date or arraigned. Felony cases proceed to preliminary hearing within 10 days (in custody) or 20 days (out of custody), where the prosecution must establish probable cause. The Douglas County Court handles misdemeanors and preliminary hearings for felonies, while the Douglas County District Court handles felony trials.
How does bail work in Omaha and Douglas County?
Bail in Douglas County is set by a judge based on statutory factors including the nature of the offense, criminal history, employment, community ties, and risk of flight or danger to the community. Douglas County utilizes a bail schedule for common offenses as a starting point. Options for release include: cash bond (10% of the full amount to the court, refundable minus costs if the defendant appears), surety bond through a bail bond company (10-15% non-refundable premium), property bond, or release on personal recognizance (ROR) for lower-risk defendants. Douglas County has a pretrial services program that evaluates defendants and may recommend release conditions including electronic monitoring or check-ins. For certain violent offenses, judges may deny bail if the defendant poses a substantial risk of danger.
What are the penalties for DUI in Nebraska?
Nebraska DUI penalties escalate with subsequent offenses. A first offense DUI is a Class W misdemeanor carrying: 7-60 days in jail (may be waived for probation), $500 fine, 6-month license revocation, and possible ignition interlock device requirement. A second offense (within 15 years) carries: 30-90 days in jail, $500 fine, 18-month license revocation, and mandatory ignition interlock device. A third offense is a Class IIIA felony carrying: up to 3 years imprisonment and 2 years post-release supervision, $1,000 fine, 15-year license revocation, and mandatory ignition interlock device. Fourth and subsequent offenses are Class IIA felonies carrying up to 20 years imprisonment. Douglas County has a DUI Court program that provides intensive supervision and treatment as an alternative to incarceration for eligible repeat offenders.
Does Douglas County offer diversion programs?
Douglas County offers several pretrial diversion programs through the Douglas County Attorney’s Office. Adult Pretrial Diversion is available for certain first-time, non-violent offenders, requiring completion of community service, restitution, counseling, and other conditions over a supervision period. Drug Court is available for defendants with substance abuse issues, providing intensive supervision and treatment. Mental Health Court serves defendants whose mental health conditions contributed to their conduct. Veterans Treatment Court assists eligible military veterans. Young Adult Court serves defendants ages 18-26. Successful completion of diversion results in dismissal of charges. Eligibility is determined by the County Attorney’s Office based on the offense, criminal history, and other factors.
How can I get my criminal record addressed in Nebraska?
Nebraska law allows for set-aside of certain convictions under Neb. Rev. Stat. 29-2264. Eligibility typically requires: completion of probation without revocation, or payment of a fine-only sentence. To petition for set-aside in Douglas County, file a motion with the court that handled the original case. The prosecution may object, and a hearing may be held. If granted, the set-aside means the defendant is treated as though never convicted for most purposes, though the record is not completely erased and the conviction may still appear on some background checks. The set-aside does not automatically restore firearm rights for felonies. Arrest records that did not result in conviction may be sealed by filing a petition under Neb. Rev. Stat. 29-3523. Note that Nebraska does not have comprehensive expungement laws like some other states, so records may remain accessible to law enforcement even after a set-aside is granted.