Miltenberger Law Offices

Facing criminal charges can be an intimidating experience, and the thought of going to jail only adds to the anxiety. However, understanding what happens at your first court appearance can alleviate some of these fears. In Nebraska, the initial hearing for misdemeanor cases is commonly known as an arraignment. During this crucial stage, individuals are informed of their rights and are required to enter a plea to the charges they face – be it guilty, not guilty, or no contest.

The Arraignment Process:

The arraignment serves as an introduction to the legal proceedings, allowing defendants to understand the charges against them and the rights they possess. One of the key takeaways from this hearing is that, in most cases, individuals do not face immediate incarceration unless they plead guilty and request the court to impose a sentence.

Plea Options and Their Implications:

At the arraignment, individuals are presented with three plea options: guilty, not guilty, and no contest. It’s important to note that entering a plea of guilty often results in immediate sentencing, which may include jail time. On the other hand, pleading not guilty provides an opportunity for a thorough defense, with the possibility of negotiating a more favorable outcome.

Striking Favorable Plea Deals:

A skilled criminal defense attorney can play a pivotal role during the arraignment. They have the ability to negotiate on behalf of the defendant and, in many cases, strike a favorable plea deal. This may involve reduced charges, lesser penalties, or alternative sentencing options that minimize the risk of incarceration.

DUI Cases:

For individuals facing charges such as driving under the influence (DUI), the arraignment is a critical juncture. Seeking legal representation early on can enhance the chances of securing a favorable outcome, possibly avoiding jail time through strategic defense and negotiations.

Drug Possession and Distribution Cases:

In drug-related cases, whether involving possession or distribution, the arraignment sets the stage for the legal proceedings. A proactive defense attorney can explore options to mitigate charges, ensuring the best possible resolution for the defendant.

First Court Appearance in Felony Matters:

When it comes to felony cases, the first court appearance is typically a preliminary hearing. During this stage, the judge assesses whether there is sufficient evidence to proceed with the charges. Following this determination, individuals are assigned a trial judge, marking the beginning of the more in-depth legal process.

Potential for Jail Time:

In most instances, individuals do not go to jail on their first court date, unless they choose to plead guilty. Understanding this crucial point can help alleviate fears and empower defendants to make informed decisions about their legal strategy.

Conclusion:

Facing criminal charges can be overwhelming, but knowledge of the court process can empower individuals to navigate their legal journey with greater confidence. By securing the assistance of an experienced criminal defense attorney, defendants increase their chances of obtaining a favorable outcome, reducing the risk of incarceration, and addressing fears associated with the legal proceedings.

Keywords: Nebraska criminal defense, arraignment, misdemeanor cases, guilty plea, not guilty plea, no contest plea, plea deal, DUI, drug possession, drug distribution, felony cases, preliminary hearing, trial judge.