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Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Wrongful Death for Nebraska on
Q: Person kills two people runs from scene. Goes in next day wearing same clothes ran in. Why is the person not arrested?

Shouldn't that person be arrested just for leaving?

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you believe you have information that may be helpful to law enforcement for an open investigation, you can contact that agency's non-emergency line. A detective will contact you back if they are seeking the information you have to share.

Why law enforcement acted or didn't...
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1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: me and my girls where arguing and I tried to leave the house but she wouldn't let me and I tried forcing my way out door

door and I threw my phone and it accidentally called 911 and the cops showed up and she pushed me down but I accidentally pushed her off of me by the throat cuz she knocked me down butI got scared and ran so they had a warrant for my arrest and I was put in jail for 7 days and someone paid the bond... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should contact a criminal defense attorney. If there is also a custody dispute, then you may also need to file a custody action or a custody modification action. It doesn't sound like this last exchange was very positive for you or the children. Going forward, you may need to have your... View More

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Nebraska on
Q: visitations

My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy

James L. Arrasmith
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answered on Dec 23, 2023

In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Employment Law for Nebraska on
Q: Do I have to disclose a felony from 15 years ago to a possible employer?
Julie Fowler
Julie Fowler
answered on Dec 4, 2023

If the employer requests and your answer is untruthful, you could potentially be terminated for not being truthful on your application. Further, if the employer does a background check and it shows the conviction, you are not likely to get the job for not being honest on your application. They... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: At what point should the county attorney turn over all evidence they have to the public defense attorney

The prosecuting attorney has footage of the alleged crime but the public defender attorney does not have it

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

There isn't a set answer to your question and the process and timing varies somewhat from county to county. It also depends somewhat on the severity of the charge and the type of evidence in question.

For example, it might start with the defense attorney having access to the police...
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2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Nebraska on
Q: My brother and I own a pasture. He has been renting it out without my signature for 7 years.

He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More

James L. Arrasmith
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answered on Dec 25, 2023

You should consider taking the following steps to address your concerns:

Review Documents: Request copies of all lease agreements and financial records related to the pasture from your brother. Insist on transparency and access to all relevant paperwork.

Consult an Attorney: Seek...
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1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Nebraska on
Q: Do I need a civil or criminal lawyer to retrieve property (truck & cash) seized by DEA?

Truck & cash seized during raid, DEA asked for proof & extended time to gather paperwork. He has proof funds were from regular day job and inheritance funds given from mom for Christmas gifts. He has paystubs and receipts. The truck was quoted at $23,650 by feds and cash amount seized was $14,469.

James L. Arrasmith
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answered on Nov 18, 2023

To retrieve property seized by the DEA, you would typically need a criminal defense attorney, especially if the seizure was part of a criminal investigation or raid. This type of attorney is experienced in dealing with criminal matters and can navigate the legal process to challenge the seizure.... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Not necessarily. There are ethic rules that require an attorney to withdraw in certain situations, such as if there is a conflict of interest. Some conflicts are no-brainers. For example, you can't draft a contract for one party and then be hired by the opposing party later in a breach of... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
T. Augustus Claus
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answered on Sep 7, 2023

Whether your appointed attorney should step down from your case due to their prior representation of a witness or confidential informant depends on various factors. The primary concern is the potential conflict of interest. Attorneys are bound by rules of professional conduct that require them to... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

I generally agree with the other attorney.

Also, if you are not happy with the legal services you are currently receiving, it may be time to hire a different attorney.

Keep in mind that the court action includes a discovery process. It is possible that the attorney is waiting to...
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2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Hire a professional licensed private investigator to investigate the facts and to provide competent admissible evidence to their lawyer. Private investigators are less expensive and specifically trained in providing such services and generally have fewer limitations on what they can legally do.

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1 Answer | Asked in DUI / DWI and Criminal Law for Nebraska on
Q: My son who is 19 was charged with an mip in Nebraska while walking up to a outdoor concert. Blew0.00 and had none on him
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

He should retain a criminal defense attorney. The prosecutor has to meet the burden of the charge or the charge should be dismissed. If the prosecutor believes the prosecution can meet the burden with the evidence they have, then you may need to take the case to trial to let the Court decide.

2 Answers | Asked in Criminal Law for Nebraska on
Q: Will a misdemeanor fall off my record?

I have a misdemeanor for property damage: vandalism from 2018. I'm curious if this will ever fall off my record or if I could go through the process to get it expunged?

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

These type of adult convictions don't fall off your record. Your options are generally either a set aside or a pardon. If you have been law-abiding for a longer period of time and the conviction was a misdemeanor, you may be a good candidate to ask for the Court to "set aside" the... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: If I want someone to leave my home (like a party guest, only there for the night, a few hours at most) , what can I do?

Imagine this guest as like someone who came to watch a football game or a barbecue guest. Let’s say that said person and I argue and I tell them to leave and they refuse. I repeat myself and they refuse again , now becoming aggressive to me. What is my legal right to defend myself and also make... View More

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

If you engage with the person physically, you may be charged with assault. If a visitor has overstayed their welcome and refuses to leave, you can call law enforcement. Often law enforcement can convince the person to leave. If not, charges such as trespassing, distrubing the peace, etc. are... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Nebraska on
Q: wronfully convicted

awarded my appeal after being in work release but never notified so conviction stuck how do i go about this

Julie Fowler
Julie Fowler
answered on May 24, 2023

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

Julie Fowler
Julie Fowler
answered on May 24, 2023

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... View More

1 Answer | Asked in White Collar Crime and Criminal Law for Nebraska on
Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100

I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: My boyfriend was arrested for domestic assault. This is his first offense with this, but he has other felonies.

I don’t want to continue on with it and just leave it at that. I don’t want a protection order or anything if the sort. What can I do? He is currently in jail waiting to see a judge. Bond is too high.

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

You can contact the victim/witness department of the prosecutor's office or the other party's criminal defense attorney. However, if you change your statement, you can be charged with giving false statements to law enforcement or other charges. It is ultimately up to the prosecutor, not... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I shouldn't take a plea deal if I am innocent correct

I bought a carfrom a lady we both counted the money and then proceeded to write up bill of sale and sign the title the next day cops came and took my car and said the lady said I gave her fake money they checked the money in my wallet and seen I had no fake money I had just recently sold some land... View More

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

You need to speak with your criminal defense attorney about your best options. If I have a client who states they are innocent, I prepare the case for trial and try to gather the evidence to prove the client is innocent. If the client ultimately decides to take a plea deal instead of going to... View More

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