Overview

Criminal law covers “public wrongs”, or offenses against the public. Federal, state, and local governments define these laws and prosecute people who commit these crimes. Public wrongs range from traffic violations to the most serious offenses such as rape or murder. Those charged with a crime are called “defendants”. Defendants are represented by defense attorneys, while the government prosecuting the defendant is represented by an attorney called a “prosecutor”. If you are charged with a crime, you need representation by an attorney with experience in criminal defense to protect your legal rights.

The Constitution of the United States and the State of Nebraska requires the government provide due process of law before depriving a person of their life, liberty, or property. Therefore, the criminal law, must clearly define all crimes and criminal conduct, and cannot be vague of the conduct prohibited by law. Criminal laws can define a guilty state of mind (called mens rea) as well as an illegal action (called actus reus). For example, it is not a crime to bump someone on a crowded train, because there was no criminal intent. It is also not a crime to think about harming someone without acting. This requirement also applies to attempted crimes. Conviction requires the defendant to take action to be guilty of an attempted crime. An experienced criminal defense attorney can explain these terms and concepts, and help you to understand the specifics of you case.