Criminal Law

Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as ‘misdemeanors’ (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and ‘felonies’ (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).

In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury ‘beyond a reasonable doubt’ that the defendant is guilty of the crime charged.

Some different kinds of criminal you may face that we can help you with are as follows but not limited to:

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DUI
Cases involving driving under the influence are known by many different names, but all of them require the services of a skilled criminal defense lawyer, no matter whether your jurisdiction calls drunk driving DUI (driving under the influence), DWI (driving while impaired or intoxicated), OUI (operating under the influence), DUII (driving under the influence of intoxicants), OUIL (operating under the influence of liquor), DWAI (driving while abilities are impaired), OMVI (operating a motor vehicle while impaired), or even “wet reckless” (alcohol related reckless driving). If you’ve been arrested for any of these crimes, the potential consequences are serious, but help is just a phone call or click away.

Domestic Violence Defense
Domestic violence is a very serious problem. Each year thousands of domestic violence cases are filed. While most of the cases have merit, there are many instances where defendants are falsely accused. Persons who are falsely accused of domestic violence face severe legal consequences. A court can evict a defendant from his or her home. A domestic violence complaint can lead to heavy fines, counsel fees, and money damages. Moreover, child custody, child support, alimony, and other forms of emergent relief can be addressed in a DV case. Should this happen to you, please contact us immediately. We have the ability to go over the case and help you.

Traffic Law
Traffic Law covers a wide variety of infractions from speeding tickets to failure to produce insurance. While it seems like a minor concern many end up caught in a cycle of fines and points on their licenses. Please let us help you to understand the charges and work through the system.

Sex Offenses
Sex Offense charges are serious and anyone found guilty of such offenses end up on a registry for the rest of their lives. Allow us to help in your defense, call today!

Drug Offenses
We have experience working with individuals who have been charged with a drug offense including those charged with drug possession, selling drugs, drug trafficking, or illegally obtaining prescription drugs. We also have the experience necessary to help our clients understand the complex legal issues that surround these types of cases. We fully investigate the particular circumstances of each and every case and fight for the rights of those who entrust us with defending them in their drug offense case.

Contact
We welcome any questions or
comments you may have. Feel free
to contact us at any time:

James Hoppe Law Office
140 North 8th Street,
Suite #250 Lincoln,
Nebraska 68508

Office: (402) 474-3884
Fax: 402-476-7499
Email: jhop@jhoppelaw.com

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