There are seven classes of misdemeanors in Nebraska. They run the gamut in possible sentences – from only a relatively small fine to a rather hefty fine and jail time.
Regardless of the misdemeanor charge, the process you’ll go through is the same, except with a DUI. Although the court process is the same for a misdemeanor charge of driving under the influence of alcohol or drugs, there’s also a Nebraska DMV process you’ll have to deal with.
If you’re convicted of Nebraska misdemeanor charges, you may be able to appeal. However, you must have legal grounds for your appeal.
In an appeal, the higher court looks at the legal process that led to a conviction. The appeal can also address other issues like an excessive sentence. However, an appeal isn’t a chance to present new evidence. That’s not allowed. The appellate court will only consider the trial court’s record and the parties’ appellate briefs.
Figuring out whether you have appealable issues can be complicated. You need the advice of a trusted attorney to guide you before you waste a lot of time and money. If the court sees your appeal as frivolous, it’ll be dismissed and you’ll be out of luck – and probably quite a bit of money.
It may surprise you to learn that even if you entered a plea, you may still have grounds for an appeal. Appellate practice can be complicated. As with your case, your best bet is to have a lawyer guide you in the appeals process.
Get Help with Nebraska Misdemeanor Charges Early
The best thing you can do if you’re accused of a Nebraska misdemeanor (or any crime) is to get experienced legal help fast. You can hurt my power to help you as a criminal defense lawyer if you do something to damage your case before I get onboard.
It’s best to consult with your lawyer before speaking with law enforcement or making a move of any sort.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
For details about the author, Hightower Reff Partner Attorney and criminal defense lawyer Susan Reff, visit her profile page.
Find out more about how Susan and Hightower Reff can help with your criminal case.