appeal attorney in nebraska

Appeal attorneys in Nebraska are difficult to find. Most attorneys only represent defendant through the original criminal case. Once the defendant is convicted, those attorneys do not help the Defendant file an appeal. The appeal process in Nebraska is difficult, and if rules aren’t followed, a Defendant can lose his right to appeal a criminal conviction. Contact an appeal attorney in Nebraska immediately if you need help with an appeal. Our appeal lawyers are ready to file an appeal immediately if need be. 

 The Direct Appeal Process in Nebraska

Once a person has been sentenced in Nebraska, the conviction becomes final. Once a conviction becomes final, the person has 30 days to file an appeal. Nebraska Statute 25-1912. To file an appeal, you need an appeal attorney in Nebraska. 

Once 30 days have passed from the date the sentence was imposed, there is no longer an opportunity for the Defendant to file a direct appeal, and many options will be lost forever. 

In order to file a direct appeal, a defendant must file submit several items:

1. A notice of appeal, 
2. A filing fee or a poverty affidavit,
3. A request for a Bill of Exceptions and a Transcript,

If you or someone else needs an appeal filed in Nebraska, 

contact an attorney immediately at 

(402) 643-5427

Filling Fee or Poverty Affidavit

Along with the notice of appeal, the filing fee must be submitted. In order to appeal from the district court to the Nebraska Court of Appeals (e.g., for a felony), a person must pay a filing fee in the amount of $75.00 OR the person must submit a poverty affidavit explaining to the court that they are without money to pay the cost of the appeal. The poverty affidavit must be submitted within 30 days of the sentencing date or there is a chance the appeal will be dismissed. 

A poverty affidavit for asking the Court to pay for an appeal can be found here: Poverty Affidavit

Bill of Exceptions and Transcript

When filing an appeal, the appellate court must be able to review the proceedings in the lower court to determine whether the lower court made a mistake. The documents that are filed to preserve the lower court record are called a Bill of Exceptions and a Transcript. The request for those items must be filed at the same time the notice of appeal is filed or the case can be dismissed. Additionally, it costs money to have someone type up the record of what occurred in Court. The cost to type up the record must be submitted shortly after the request is made, and the failure to pay for the costs ahead of time can result in the appeal being dismissed. Some of the appellate rules can be found here: Nebraska Rules of Appellate Procedure

If you or someone else needs an appeal filed in Nebraska, contact an attorney immediately at (402) 643-5427