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Questions Answered by Julie Fowler
1 Answer | Asked in Criminal Law for Nebraska on
Q: I just got witness summoned to ND. I now reside in NE. 1300mi rnd trip, plus food/lodging. Do I have to go?

A immobile woman was found to have 2 broken legs, because the N.A. on the floor 4hrs. before my shift, had transferred her to bed, without assistance. She is now having charges brought against her. I am on disability and walk with braces and cane. My muscles are fading away slowly. In my... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You would need to talk with an attorney who practices in North Dakota if that is where the subpoena came from. At least in Nebraska, there are rules about having to compensate witnesses to appear at a hearing.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I have a court date Wednesday for a failure to yield ticket. Lawyer is requesting court to go straight to trail but…

I wanted to contest it and see if judge would throw it out at the hearing. I had a green light with all other lights solid green. The other lady is contesting saying she had a green light as well. Insurance had hired an investigator but the other lady won’t allow insurance or investigator to look... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You will need to talk with your attorney about your best options. Not all intersections have cameras. Sometimes car accidents are he-said/she-said. There are ways for the Court to order an inspection of evidence as part of the discovery process. You would need to talk with your attorney about... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: How do I get out of my lease for security reasons? I have proof and have contacted the mgmnt co and it still continues.

The apartment building I live in has key secure entrances...sometimes. People that live there or don't live there leave the doors lodged open with any freaking thing they can find to get in the building from paper to a nickel. I have lived there when other mgmnt co ran it and it was so worse... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

Nebraska Legal Aid has put together a handbook that is often a good place to start for these type of questions.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Consumer Law for Nebraska on
Q: My wife and I bought a car from a used car dealership 3 months ago.

The dealer did not disclose that it had a rebuilt title. We checked the CARFAX and it was a salvage title in Mississippi. The car has been having issues and is currently not operational. The dealer told my wife that the car was never repaired, but when I talked to him today he stated that the car... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

If you purchased a vehicle that you at least knew had a salvage title, you would have known that some major repairs had to have been done on the vehicle in order to make it operational again after a total loss. You will want to review your purchase agreement in detail. If the vehicle was... Read more »

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: I want to sell digital art online through my own website. I live in Nebraska.

What tax and business law will i have to follow? When would i need to start paying taxes? Do I need a permit or anything like that? Where can i find accurate info about this?

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

The US Small Business Association might be a good place for you to start. The website of the Nebraska District Office of the SBA has tools to help small business owners get answers to their questions. For example, it looks like there is a seminar today in Lincoln, Nebraska about What's... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: How does Nebraska determine if someone only owes 10% of their monthly income in child support?

What are the guidelines for being “low-income”

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

This is how the Nebraska Child Support Guidelines defines minimum support:

§ 4-209. Minimum support.

Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the...
Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: We received a vacate notice from our landlord even though we have faithfully paid rent despite his failure to do repairs

We have been told to vacate our rental within 30 days. We were notified shortly after an ongoing plumbing issue was addressed. We have faithfully paid rent despite the repairs our landlord had failed to do, minus the one my husband did because of the fire hazard and lack of smoke detectors. We do... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

It depends in large part on the terms of your lease agreement. If your lease is up and the lease only requires your landlord to now give 30 days notice to vacate, it may be within the property owner's rights to ask you to leave in accordance with the terms of the lease. You would need to... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: I have legal custody of my son his mother had a visitation with him and she refuses to return him and has left the state

I called the cops and they say it's a civil matter even though I have legal custody of my son we've been through Court

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

There are a number of options here depending on the specific circumstances of your case. Law enforcement is sometimes the last resort. Sometimes law enforcement won't assist without a further court order. Depending on the circumstances, you may need to get an order stating that law... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: When selling a house is it illegal to give a car away with the purchase of the house?

Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?

Julie Fowler
Julie Fowler
answered on May 4, 2022

If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: What can I do if I’ve been ineffectively represented by court appointed counsel?

I have an email where counsel literally denies my request to take action because of indigent status. Can I be denied rights guaranteed by the constitution for asking the courts for a lawyer instead of paying one?

Julie Fowler
Julie Fowler
answered on May 4, 2022

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Why is there only a 10 day time frame to file motion for new trial following a verdict?
Julie Fowler
Julie Fowler
answered on May 4, 2022

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I got pulled over for an expired registration (over 2 years) and was cited for that with a court date.

I was also cited for wheel tax and no proof of financial responsibility of the vehicle, which I think has something to do with my insurance even though it's current? I plan on updating my registration this month and my court date is in June. This is the first time this has happened to me, so I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

You will want to provide proof to your attorney ahead of the court date that you got things updated/resolved prior to the Court date. Depending on what your record is and specific facts of your case, you may just be looking at a fine or you may still be looking at jail time. Generally these type... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: How long does DNA test results take to come back in court ordered paternity?

Follow up to other question - friend got the court order to do genetic testing for twins that a woman claims are his but she doesn't have custody. The kids are in foster care and state has filed to terminate her rights. He is currently in jail and pending revocation of probation. How long do... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Paternity tests result speeds depend on the lab. You can generally get rush results within a few days. Normally you would expect results from most labs within a few weeks.

1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for Nebraska on
Q: An abuser deleted my messages to them which shows the truth of lies they are trying to harm me with, what can I do?

The father of my children lies outright and manipulates situations to make him self look perfect, and me like an absolute awful human. He claims, for example, that I manipulated my way onto the house title.. I told him I could prove that wasn't true with our messages. The next morning, I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Depending on how the messages were sent, there may still be a way to recover these. This could be something more complicated such as a subpoena or more simple such as your phone records or looking in your archived messages. Many cell phone providers do store text messages with your monthly bill... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: If you are hired to tow a vehicle and there is something illegal in the vehicle being towed, can the driver be arrested?
Julie Fowler
Julie Fowler
answered on Apr 6, 2022

Maybe. Criminals try to get creative at times. If law enforcement knew the tow truck driver was in on the drugs being moved, they could be charged.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: Question about constitutional rights in criminal cases, that have more then one defendant

If offered a plea deal agreement to not testify on another criminal case on either the defendant or the states behalf, but can’t take the deal until the other defendants case is over, is it against constitutional rights of other defendant if they can’t call in that witness

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination... Read more »

2 Answers | Asked in Child Custody for Nebraska on
Q: My ex wife is keeping my 12 year old son from school. What are my odds of getting custody if I go into this?

She works at the same school he attends and she either keeps him home when she doesn't want to go to work or when she does go she takes him out 2-3 hours early when she leaves. I've talked to the assistant principal and she told me she's talked with my ex wife, but she gets the... Read more »

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

A child's education is one of the major factors that the judge considers when determining custody or a change in custody. The Court will likely take a big picture approach. If the child is struggling academically and is missing a lot of class for unexcused reasons, then the Court could use... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: If one party is terminally ill, can an exception be made to divorce waiting period of 6 months before remarriage?
Julie Fowler
Julie Fowler
answered on Apr 4, 2022

I have never heard of any exception to being able to remarry within the 6 months period. I have never seen a case or statute that says that the 6 month period is waivable in Nebraska. If a person meets the jurisdictional requirements to go forward with a divorce in another state, you might be... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can a grandparent take a custodial parent to court for visitation of her grandson?

I have full custody of my son, and his mother only has visitation rights at my discretion, and the maternal grandmother wants visitation. My son was molested while in the care of his mother, and his mother was and is an alcoholic in an abusive relationship with a history of DV. My son’s... Read more »

Julie Fowler
Julie Fowler
answered on Mar 31, 2022

A grandparent can file for visitation rights in Nebraska if they meet specific criteria. Whether the Court will grant visitation rights or not depends on the overall facts of the case and whether the grandparent meets the criteria.

The set of statutes on this starts at Neb. Rev. Stat....
Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Hello! Question about a previous judgement that is coming up on a title search.

I inherited a house from my parents after the death of my father and have kept the house for 15 years. I am in the process of selling and have found an old Judgement from 2004 against my 1/2 brother for unpaid child support. However, the house was NOT in his name at the time of the judgement. Will... Read more »

Julie Fowler
Julie Fowler
answered on Mar 30, 2022

It depends. If the child support is paid in full at this time, then it may be a non-issue. If there is still child support outstanding and there may arguable be a child support lien, then this could cause delays while clearing up this title issue. If he was not and is not a title holder, then... Read more »

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