MARK A. JOHNSON, Attorney at Law

If you are under investigation or have been charged with a crime, you need a qualified, trial tested defense lawyer who will fight for you. I want to explain why I am different from most other defense attorneys. I have focused a majority of my professional career in the area of criminal law since I began practice in 1983. I have successfully defended people accused of committing misdemeanors as minor as Shoplifting to felonies as serious as 1st Degree Murder. No matter what your charges are, I take your defense seriously, I value your life as important, and the potential consequences to you as grave.

When it comes to effective criminal defense, experience isn't enough. I have earned a reputation for successful outcomes due to an intelligent, no-nonsense approach to fighting for my clients both in court and out.

My results are a measure of my effectiveness. I have an "A" rating from a national peer-reviewed publication of attorneys in the United States; however, at the end of the day, an attorney must be measured against his track record. If you can't win in court or negotiate a favorable outcome, it doesn't matter to the client if you have extensive knowledge in the law.

Whether you hire me as a criminal defense attorney or divorce attorney, I know you have placed your case, your trust and perhaps your life in my hands. I will work for you to continually earn that trust.

Mark A. Johnson

Education:
University of Nebraska-Lincoln
Juris Doctorate, 1983
Bachelor of Science in Education, 1978

Admitted to Practice:
U.S. Court Appeals, Eighth Circuit
U.S. Claims Court
U.S. District Court, District of Nebraska
All Nebraska State Courts

Memberships / Organizations:
•  Nebraska State Bar Association (1983 to present)
      1. Member of the House of Delegates
      2. Bankruptcy Section of NSBA
          a. Board of Directors from 1990 - 1996
      3. Member of the Disciplinary Review Board
•  Nebraska Association of Trial Attorneys
      1. Board of Director from 1999 - 2004
•  National Criminal Defense Attorneys Association
•  American Trial Lawyers Association (membership by invitation only)

Representative Cases:
•  State v. T.D. (Wayne Co - 2009/2010) Six count Information on a Class IB Felony, Sexual Assault of a Child, carrying a minimum of 15 years imprisonment to maximum life imprisonment on each count. Extensive discovery and negotiations resulted in a plea to one count of Attempted Sexual Assault, a Class III Felony (minimum 1 year to maximum 20 years). Sentence pending.
•  State v. B.L. (Wayne Co - 2009) Two count Information of Class III Felonies (minimum 1 year to maximum 20 years on each count) alleging Felony Child Abuse (severe head injury) and Felony Assault. Five day jury trial resulted in acquittal on both counts, plus an acquittal of lesser included misdemeanor assault. Defendant found guilty on lesser included, Negligent Child Abuse, a Class I Misdemeanor.
•  State v. B.Y. (Cedar County) One count of Manslaughter. Plea to Manslaughter with recommendation. Sentenced to two years probation. 2005
•  State v. G.R. (Madison County) Five counts First Degree Murder and five counts Use of a Weapon to Commit a Felony. Three week jury trial resulting in verdict of guilty on all counts without death eligibility. Novel issue presented regarding LB 1 and Arizona v. Ring. 9/2002 - 2/2004
•  State v. A.V. (Madison County) Second degree murder and Kidnapping. Plea agreement to Aiding and Abetting a Felony. Sentenced to 5 years. 2002
•  State v. N.M. (Madison County) Two counts of First Degree Murder. Resulted in full dismissal by prosecution. 2001
•  State v. C.B. Two count Information (two separate alleged victims) on Class IV Felony Sexual Assaults. Three day jury trial resulted in acquittal on both counts. 2001
•  State v. T.M. (Cherry County) Two counts of misdemeanor assault (two separate alleged victims), Criminal Mischief, and Disturbing the Peace. Three day jury trial resulted in acquittal on all counts. 2001
•  State v. T.R. (Madison County) One count of First Degree Murder and one count of Kidnapping. Plea to reduced charge of Felony Assault. Sentenced to 20 years. 2000
•  State v. T.B. One count Information on a Class II Felony Sexual Assault. Three day jury trial resulted in acquittal. 2000
•  State v. J.M. One count (misdemeanor) complaint. Two day jury trial resulted in acquittal. 2000
•  K v. D. Three day civil jury trial resulting in plaintiff's verdict for client. 1999
•  A., et al v. tV., et al. Represented dairy farmer client on four day civil trial to the court on issue of lagoon permit denial based on allegations of waste water lagoon damaging underground water and being in violation of Nebraska Department of Environmental Quality regulations. Trial verdict in favor of client on all eight (8) counts alleged. 1999
•  K. v. American Family Insurance, et al. Two day civil jury trial was ended without necessity of verdict when defendant settled with full claimed damages of plaintiff being paid. 1996
•  State v. T.C. (Madison County) One count of First Degree Murder. Plea and sentence to life imprisonment, without death eligibility. 1994
•  State v. B.R. One count Information on a Class II Felony Sexual Assault. Three day jury trial resulted in conviction. 1991. Sentenced 10 to 25 years.
•  Driving Under the Influence of Alcohol misdemeanor and felony jury trials. Over eighty (80) jury trials of the defense of persons accused of driving under the influence of alcohol.
•  Numerous divorce trials to the court on issues ranging from child custody, alimony, non-marital assets, and division of assets.

Appellate Decisions of Note:
•  State v. Tingle, 239 Neb. 558. Established that law enforcement officials do not have authority to stop and arrest suspects within the boundary of the State of Nebraska beyond their geographical jurisdiction, even in fresh pursuit, reversing existing case law in the State of Nebraska. Subsequent legislation modifying the above court decision referred to as the "Tingle Bill."