1. Berry Law
Practice Focus: Criminal defense for state and federal crimes, military law, veterans’ legal issues, appeals and post-conviction relief
Case Types Handled: Felonies and misdemeanors, drug offenses, DUI and DWI, assault and battery, domestic violence, sex crimes, weapons charges, homicide, white collar crimes, military court-martial defense, federal crimes
Legal Services: Trial defense in state and federal courts, criminal appeals, post-conviction relief, military court-martial defense nationwide, plea negotiations, motion practice, preliminary hearings, grand jury representation
Background: John Stevens Berry Sr. founded Berry Law in 1965. He earned his B.A. in English from Stanford University in 1960 and his J.D. from Northwestern University in 1965. He was admitted to the Nebraska State Bar in 1965. He served as a Captain in Vietnam from 1968 to 1969 and was chief defense counsel for the largest general court martial jurisdiction in Vietnam. He was awarded the Bronze Star and the Vietnamese Medal of Honor First Class. He is past president of the Nebraska Criminal Defense Attorneys Association and a fellow of the American Board of Criminal Lawyers. He holds an AV Preeminent Rating from Martindale-Hubbell and has been selected to Super Lawyers. John Stevens Berry Jr. graduated from the College of William & Mary and Creighton University School of Law cum laude in 2003. He is past president of the Nebraska Criminal Defense Attorneys Association and a fellow of the American Board of Criminal Lawyers. He maintains an AV Preeminent Rating through Martindale-Hubbell and has been recognized as one of the National Trial Lawyers’ Top 100.
Location: 6940 O Street, Suite 400, Lincoln, NE 68510
Contact: (402) 466-8444 | https://jsberrylaw.com
Consultation: Free consultation available, open around the clock
2. Olsen Law Offices, P.C., L.L.O.
Practice Focus: Criminal defense exclusively, drug crimes, DUI/DWI defense, weapons violations, sex crimes, domestic violence, felony defense
Case Types Handled: State and federal drug charges including marijuana, cocaine, methamphetamine, and heroin, DUI and DWI offenses, weapons and firearms violations, sex crimes and sexual assault allegations, domestic violence, assault, theft crimes, felony and misdemeanor offenses
Legal Services: Trial defense in state and federal courts, Interstate 80 drug stop defense, motion practice including motions to suppress evidence, plea negotiations, out-of-state defendant representation, appeals
Background: Thomas J. Olsen earned his J.D. from Syracuse University College of Law in 1988 with magna cum laude honors, ranking 16th out of 270 students. He received awards in Trial Advocacy and Constitutional Law. He began his career at Cadwalader, Wickersham & Taft in New York. He is a former Assistant Attorney General for the State of Nebraska and former Assistant Omaha City Prosecutor. He has over 35 years of criminal trial experience and has defended thousands of clients. His practice is devoted entirely to criminal defense, with particular focus on state and federal drug charges and DUI cases.
Location: 209 S. 19th Street, Suite 525, Omaha, NE 68102 (also serves Lincoln and Lancaster County)
Contact: (402) 598-5789 | https://www.olsenlawomaha.com
Consultation: Free initial consultation, available around the clock including weekends
3. Monzón, Guerra & Chipman, Attorneys at Law
Practice Focus: Criminal defense, immigration law, family law, personal injury
Case Types Handled: State and federal criminal charges, drug offenses, DUI, assault, domestic violence, theft, fraud, immigration-related criminal matters, juvenile cases
Legal Services: Trial defense in state and federal courts, appellate advocacy, cases involving intersection of criminal law and immigration status, defense for clients facing deportation consequences, plea negotiations
Background: Carlos A. Monzón previously served as a Federal Defender and handled hundreds of cases before the United States District Court for the District of Nebraska. He served on the Minority and Justice Task Force Implementation Committee. He is affiliated with the Nebraska Hispanic Bar Association, the Nebraska Criminal Defense Attorneys Association, and the Child Guidance Center. He received the Charitable Funds Visionary Award for improving the administration of justice. Raul F. Guerra and David V. Chipman are partners at the firm. The attorneys have tried hundreds of cases in state, federal, and appellate courts.
Location: 1133 H Street, Lincoln, NE 68508
Contact: (402) 979-8703 | https://www.monzonlaw.com
Consultation: Free initial consultation available
4. Naylor and Rappl Law Office
Practice Focus: State and federal criminal defense, felony and misdemeanor defense
Case Types Handled: Felonies and misdemeanors in state and federal courts, drug charges, DUI/DWI, assault, theft, weapons offenses, sex crimes, white collar crimes
Legal Services: Criminal defense representation, investigation and case preparation, motion practice, trial defense, plea negotiations, sentencing advocacy
Background: Naylor and Rappl Law Office has more than 45 years of combined experience defending criminal cases. The firm focuses on providing representation to individuals under investigation for or charged with state and federal crimes. The attorneys handle cases throughout Lincoln and Lancaster County.
Location: Lincoln, Nebraska
Contact: https://www.naylorandrappllaw.com
Consultation: Free confidential consultation available
5. Nebraska Defense Group
Practice Focus: Criminal defense, DUI defense, domestic violence defense, felony and misdemeanor defense
Case Types Handled: Felonies and misdemeanors, DUI and DWI charges, drug offenses, domestic violence allegations, assault, theft, weapons charges, sex crimes, federal charges
Legal Services: Trial defense, DUI defense including license suspension hearings, motion practice, plea negotiations, case investigation
Background: Nebraska Defense Group has over 35 years of combined experience among its attorneys. The firm handles criminal cases throughout Nebraska, with offices in Lincoln and Omaha. The attorneys have a track record defending clients against both serious felonies and minor misdemeanors.
Location: 6940 O Street, Suite 314, Lincoln, NE 68510
Contact: (531) 249-3550 | https://nebraskadefensegroup.com
Consultation: Free consultation available
Criminal Defense Regulations in Nebraska
Nebraska requires attorneys to pass the Nebraska Bar Examination and be admitted by the Nebraska Supreme Court before practicing law. The bar exam consists of the Multistate Bar Examination (MBE) and written essay examinations. Applicants must submit fingerprints for criminal history background checks through the Nebraska State Patrol and FBI.
Nebraska does not have a formal specialty certification program for criminal defense attorneys. The Nebraska Criminal Defense Attorneys Association (NCDAA) was established in 1985 to promote proper and fair administration of criminal justice. The organization provides continuing legal education seminars and networking opportunities for defense attorneys.
The Nebraska Commission on Public Advocacy provides legal representation for indigent defendants facing severe felonies. The commission offers property tax relief to counties providing representation for indigent defendants. County public defender offices handle representation in less serious matters. Defendants qualify for a public defender if they lack sufficient resources to hire private counsel.
Nebraska attorneys must complete continuing legal education (CLE) requirements annually to maintain their licenses. The Nebraska State Bar Association provides programming and monitors compliance.
Attorney advertising in Nebraska is governed by the Nebraska Rules of Professional Conduct. The rules prohibit false or misleading communications about legal services.
Nebraska classifies felonies into 10 levels divided among four classes. Class I felonies are the most serious and carry a maximum sentence of life in prison or death. Class IA felonies carry life imprisonment. Class IB felonies carry 20 years to life. Class IC felonies carry five to 50 years. Class ID felonies carry three to 50 years. Class II felonies carry one to 50 years. Class IIA felonies carry up to 20 years. Class III felonies carry up to four years and 24 months of post-release supervision. Class IIIA felonies carry up to three years and 18 months of post-release supervision. Class IV felonies carry up to two years and 12 months of post-release supervision.
Nebraska abolished the death penalty in 2015, then reinstated it through a 2016 referendum. Capital cases require specialized defense counsel through the Commission on Public Advocacy’s capital litigation division.
Bail and pretrial release in Nebraska follow constitutional requirements and state statutes. Judges consider the nature of the offense, the defendant’s criminal history, and flight risk when setting bail conditions.
Nebraska does not allow expungement of criminal convictions. Adults can petition for a set-aside of conviction if they completed probation or paid all fines. A set-aside does not seal or remove the conviction from public records. Pardons are available through the Nebraska Board of Pardons, which consists of the Governor, Secretary of State, and Attorney General. Misdemeanor pardons require a three-year waiting period after sentence completion. Felony pardons require a 10-year waiting period. Pardons restore civil rights but do not erase the conviction.
Juvenile records in Nebraska are automatically sealed when the juvenile turns 17 if the crime was committed after July 15, 2010, and all court-ordered programs have been completed.
Nebraska’s speedy trial requirements mandate that defendants be tried within six months of arraignment or the charges must be dismissed.
Frequently Asked Questions
What happens after an arrest in Lancaster County, Nebraska?
Following an arrest in Lancaster County, defendants are typically booked at the Lancaster County Jail. Within a reasonable time, typically within 24 to 48 hours, the defendant must appear before a judge for an initial appearance where bail is set and charges are formally presented. For felony charges, a preliminary hearing is held in county court to determine if probable cause exists to bind the case over to district court. Defendants have the right to request a public defender at the initial appearance if they cannot afford private counsel. The Lancaster County Attorney’s Office prosecutes misdemeanors and felonies.
How does the Nebraska public defender system work?
Nebraska provides public defenders to indigent defendants charged with crimes that carry potential incarceration. Defendants must complete a financial affidavit at their arraignment to apply for a public defender. The Lancaster County Public Defender’s Office handles cases in Lincoln and Lancaster County. For serious felonies, the Nebraska Commission on Public Advocacy may provide representation. Public defenders handle cases from initial appearance through trial and appeal. Defendants who do not qualify for a public defender must hire private counsel or represent themselves.
What are the penalties for drug possession in Nebraska?
Nebraska has strict drug laws. Possession of less than one ounce of marijuana for personal use is an infraction with a $300 fine for first offense. Possession of more than one ounce is a Class III misdemeanor for first offense and a Class II misdemeanor for second offense. Possession of controlled substances such as cocaine, methamphetamine, or heroin is a Class IV felony carrying up to two years in prison and $10,000 in fines. Possession with intent to distribute carries enhanced penalties based on the substance and quantity. Distribution of more than 140 grams of heroin or cocaine can result in life imprisonment with a 20-year mandatory minimum.
Can a criminal conviction be removed from my record in Nebraska?
Nebraska does not allow expungement of adult criminal convictions. However, defendants who completed probation or paid all fines can petition for a set-aside of the conviction. A set-aside nullifies the conviction for some purposes but does not remove it from public records. Employers and landlords can still see the conviction. To restore civil rights including gun rights lost due to a felony conviction, defendants must obtain a pardon from the Nebraska Board of Pardons. The application requires a waiting period of three years for misdemeanors and 10 years for felonies after sentence completion. Arrest records can be expunged if the arrest resulted from law enforcement error, charges were not filed within specified time frames, or charges were dismissed.
What are the consequences of a DUI conviction in Nebraska?
A first offense DUI in Nebraska is a Class W misdemeanor carrying seven days to 60 days in jail, $500 fine, and six-month license revocation. Second offense DUI within 15 years is a Class W misdemeanor with 30 days to six months in jail, $500 fine, and 18-month license revocation. Third offense DUI within 15 years is a Class W misdemeanor with 90 days to one year in jail, $600 fine, and two to 15 year license revocation. Fourth or subsequent offense is a Class IIIA felony with up to three years in prison and 15-year license revocation. All DUI convictions require installation of an ignition interlock device. Nebraska participates in the Interstate Driver’s License Compact, so convictions are reported to the defendant’s home state.