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Mark J. Foxall

Omaha Criminal Defense Attorney

Mark J. Foxall has been admitted to the Iowa Bar and the Nebraska Bar and focuses his practice on criminal defense and litigation. He earned his Bachelor of Science degree in Criminology and Criminal Justice from the University of Nebraska at Omaha (UNO). Mark obtained his Juris Doctorate from the University of Nebraska College of Law with Programs of Concentrated Study in Intellectual Property and Entertainment Law. There, he served as President of the Nebraska Entertainment and Sports Law Association, Treasurer of the Multicultural Law Students Association, and Communications Chairman of the International Law Students Association. Also, while there, Mark was awarded the prestigious H. Case Ellis Spirit of Mediation Award at the International Academy of Dispute Resolution’s International Law School Mediation Tournament and Mediation Forum. He attended the International Law Weekend at Fordham Law School. He also was part of a UNO educational and immersion program in Cuba. Mark was a participant in the Allen Moot Court and the Grether Moot Court competitions.

Mark gained a considerable amount of experience serving in an internship, law clerk position in the Criminal Division of the Douglas County Attorney’s Office. He interacted with the judiciary and staff, assisted prosecutors, and researched and drafted briefs. He also served as a research assistant for the Nebraska Criminal Defense Attorney’s Association. Mark is a Certified Mediator and was co-leader of the Clean Slate Project, designed to assist individuals in pursing available civil remedies to remove prior convictions and charges from their criminal record.

Areas of Practice

  • Criminal law
  • DUI/DWI
  • General litigation

Bar Admissions

  • Iowa, 2019
  • Nebraska, 2020
  • U.S. District Court District of Nebraska

Education

  • University of Nebraska College of Law, Lincoln, Nebraska
    • J.D. - 2018
  • University of Nebraska at Omaha, Omaha, Nebraska
    • B.S. - 2014
    • Major: Criminal Justice

Professional Associations & Memberships

  • Nebraska Criminal Defense Attorneys Association
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Case Results

  • Theft
    Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client. Defendant was charged with burglary. At the preliminary hearing, we created a record that established that the State had very little corroborated evidence against our client. After the hearing, we filed a motion to suppress, arguing that the charges should be dismissed because the State could not prove that our client was involved in the burglary. Shortly before a hearing on our motion, the State contacted us and agreed to dismiss all charges against our client. Defendant was charged in federal court with embezzling several thousand dollars. Following our investigation and providing relevant information to the Government and the Court, the Court agreed to sentence our client to probation with no jail time. Defendant was charged in federal court with cheating the Government out of hundreds of thousands of dollars. Following our investigation and settlement negotiations with the Government, the Court agreed to sentence our client to probation without having to go to jail.
  • Other Offenses
    Defendant was charged with possession of child pornography and was previously represented by a different attorney. Defendant came to us for help because his current attorney was not able to get the matter resolved from Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all felony charges against our client. Based upon our presentation to the Court at sentencing, the Court agreed to sentence our client to probation without having to go to jail. Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty. Defendant was charged in federal court with impersonating an officer. Following an investigation and information presented to the Government, the Government agreed to dismiss the charges against our client. Defendant was charged with child endangerment and was previously represented by a different attorney. Defendant came to us for help because her current attorney was not able to get the matter resolved for Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client. Defendant was previously sentenced to several years in prison. Defendant had been represented by a different lawyer. Our firm was asked to review the case to determine if there was anything that could be done to reduce Defendant's sentence. Following our investigation and presentation of materials to the State and Court, our client was re-sentenced to time served and released from prison.
  • Drug Possession
    Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client. Defendant was charged with carrying numerous pounds of marijuana. Following a suppression hearing where several statements made by the arresting officer were called into question, the State dismissed the felony possession charge. At sentencing, we presented evidence and information that convinced the Court to sentence our client to probation with no jail time. Defendant was charged with carrying numerous pounds of marijuana. Following a complete investigation by our firm, the State agreed to give the Defendant a deferred sentence which would not appear on his record. Our client avoided any criminal conviction and avoided a jail sentence. Defendant was charged with possessing drugs found at the airport. After our investigation and presentation of materials to the State, the State agreed to dismiss the charges against our client. Defendant was charged with possession of prescription drugs. Following a successful suppression hearing where the Court ruled that the State could not use certain evidence against our client, the State agreed to dismiss all felony charges against our client. At sentencing on a reduced misdemeanor charge, we were successful in convincing the Court to sentence our client to probation with no jail time. Defendant was charged with possession of prescription drugs while a student at college. After our investigation and presentation of materials to the State, the State agreed to refer the matter to diversion. This resulted in our client not having any criminal charges on his record. Defendant was charged with drug conspiracy and possession of a weapon. Following a hearing challenging the Government's evidence, the Court sustained our motion to suppress and ruled that the Government did not have probable cause to stop, detain or search our client.
  • Assaults
    Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client. Defendant was charged with assaulting an officer. The matter proceeded to trial and the jury found our client not guilty. Defendant was charged with assault. Following our investigation and presentation of relevant information to the State, the State agreed to dismiss the charges against our client. Defendant was charged with assault with a deadly weapon. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client.
  • Sexual Offenses
    Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client. Defendant was charged with sexual assault. At the deposition of the alleged victim, a number of inconsistencies were identified and highlighted and the State dismissed all felony charges against our client. Defendant was charged with soliciting a minor from craigslist. After taking a deposition of the alleged victim, our firm was able to highlight a number of inconsistencies and questionable information and the State dismissed all felony charges against our client. Defendant was charged with sexual assault. During the deposition of the alleged victim, our firm got the alleged victim to admit that it was possible that all of the information provided to police was from a dream and was not real. The State dismissed all felony charges against our client. Defendant was charged with sexual abuse of a family member. Following a deposition of the alleged victim and complete investigation, demonstrating that a number of statements made by the alleged victim were questionable and inconsistent with other information, the State agreed to dismiss the charges. Defendant was charged with sexual assault. The matter proceeded to trial and the jury found there was insufficient evidence to convict the Defendant. Our client was never convicted of the charge. Defendant was charged with multiple counts of sexual assault on family members. The matter proceeded to trial and the jury found Defendant not guilty of two charges and found there was insufficient evidence to convict on a third charge. Before Defendant could be retried on the third offense, the State agreed to dismiss all sexual offenses against our client. Defendant was charged with a sexual assault that the State claimed happened several years ago when the Defendant was a minor. We filed a Motion to transfer the matter to juvenile court, arguing that the matter should be dismissed. After our hearing, the State agreed to dismiss charges against our client.

A Reputation Of Excellence

See What Our Clients Have To Say
  • “Jim is the best lawyer I've seen and I was very pleased.”

    J.M.

  • “Thank you so much for all your hard work on my case which allowed me to be with my daughter and family for this holiday season.”

    M.L.

  • “Thank you and everyone that's working on my case in your office!”

    S.H.

  • “We really appreciate all of your hard work, time, and concern.”

    B.B

  • “Nathan, thank you again for representing my case. I appreciate all the knowledge you provided and ensuring that I was in good hands.”

    A.K.

  • “Thank you for your constant help with this process.”

    N.L

  • “Thank you to everyone for working on my son's case.”

    R.M

  • “ I would without a doubt say his representation was above and beyond my expectations. ”

    D.B.

  • “Don't look any further than McGough Law Firm if you want the best!!!”

    GJT

  • “Thank you for all that you did - Nathan did a great job.”

    F.T.

  • “Please allow me to offer a HUGE thank you for your exemplary legal representation.”

    C.V

  • “Your office got involved at the right time and did a phenomenal job on cross-examination of the witnesses.”

    R.W.

  • “I was very pleased with the outcome of my case and all the work the Jim and everyone did for me.”

    S.B.

  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated.”

    S.H.

  • “ Keeping my record clean as possible means a lot to me and I couldn't have done it without you, thank you!”

    T.P.