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Questions Answered by Julie Fowler
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... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Is a 16 year old able to speak on their own behalf at a custody modification hearing in Colorado ?

The last hearing was when the child was 10

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

I can't comment on how Colorado does things but in Nebraska, a child that is of suitable age and experience may be allowed to testify at trial. Generally 16 years old is old enough but it depends on the specific child and specifics of the case. Most cases settle without a trial so generally... Read more »

1 Answer | Asked in Municipal Law for Nebraska on
Q: Is it illegal to park a car facing the opposite direction on a residential street in Lincoln NE

I could not find anything saying that it's illegal or against the law

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

The driver's license manual in Nebraska includes this requirement. You would have to look at the regulations and statutes to see if the requirement is from the regulations or statutes if you couldn't find it in your city's local ordinances.... Read more »

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If I don’t dispute my ticket, do I have you pay anything else?

My boyfriend got a speeding ticket of $75 dollars. He wished to not dispute it because we live in the next town over. He paid it online (have receipt) and recently received a notice of needing to pay $50 in random other “fees”. One even adds on to the said ticket. Called the county office and... Read more »

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

Generally you can be required to pay some type of processing fee or court cost fee. This can include towards a court filing fee or as simple as the transaction costs if a credit card is used. You would need to speak with an attorney about the specifics of your case to see if this general rule... Read more »

1 Answer | Asked in Education Law for Nebraska on
Q: How do I fight truancy court in Nebraska with depression and anxiety? Fighting with school for drop forms to get ged.

Haven’t sent her to school for entire 3rd quarter. Tried to transfer scold was never told the school had 45 days to make a decision. School district is playing lots of games and not giving documentation to keep process going and now have a court date where they are threatening to remove her from... Read more »

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

You need to speak with an attorney right away or you may lose custody of your child. If the child is not going to your local school, the child still needs to be in some type of schooling. Options include an alternative school, private school, or homeschooling. A younger child not attending any... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Julie Fowler
Julie Fowler
answered on Mar 20, 2023

You can see some examples of an "answer" on the Nebraska Supreme Court's website under forms. In family law cases, most of the time, you file both an Answer as your response to their Complaint and then also a counter complaint to ask for what you would like the Court to grant.... Read more »

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1 Answer | Asked in Small Claims for Nebraska on
Q: Got an air compressor on Facebook but didn't have money to pay the guy loaded them anyways said pay him later

Got them home and researched them found out its not worth anything and there is no way I can use it contacted the seller and said I can't use it I'm just going to bring it back he refuses to let me bring it back to him and says he is going to get the law involved if I don't pay him... Read more »

Julie Fowler
Julie Fowler
answered on Mar 2, 2023

Unlike many businesses that allow free returns, you generally don't have the right to return an item you purchased from a private seller, absent fraud, etc. by the seller. If you have an agreement to pay for something you received, the Court will generally hold you to pay for it, even if you... Read more »

1 Answer | Asked in Tax Law for Nebraska on
Q: Is there a minimum amount of years you have to own a home before you sell so you don't have to pay taxes on the profit?

Specifically, I've only one it for 1 year now and if I sell will I have to pay un-needed taxes? I am wanting to sell the property and then use those profits for the downpayment on my new house.

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

This is more of a tax question. You would need to talk to a CPA or tax professional about your specific situation. The IRS has a publication to help you to determine if you are subject to federal taxes for the sale of real property. You may also be subject to state or local taxes as well. As... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How does a court hearing go for a child that was removed from my home due to something I said to CPS in an email?

I've asked the state to step in and help me multiple times last year to try and get my mentally ill child in a facility cause I'm frustrated with trying to deal with her psychological behaviors so last week was the last straw and I emailed the hotline and told them if they don't help... Read more »

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

The Nebraska Supreme Court has put together a number of pamphlets that help explain the juvenile court system process. It includes what the first hearing will likely be like.

https://supremecourt.nebraska.gov/programs-services/court-improvement-project/information-youth-families

1 Answer | Asked in Probate for Nebraska on
Q: When there are multiple owners listed on real-estate and one dies,Does the property have to go through probate.
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It depends on how the property is titled. Tenancy in common is different than if it is titled with right of survivorship.

1 Answer | Asked in Agricultural Law and Gov & Administrative Law for Nebraska on
Q: What do I do?

I have farm plates currently ony pickup and that is how it has been since I've gotten it. I haven't moved or nothing. I have chickens and move livestock very frequently but county keeps using the excuse that I need to own farm land in able to get farm plates

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Using the vehicle for moving livestock isn't the only qualification for having farm plates. Farm plates are available to other than just the owner of farm land. You will need to review the criteria for farm plates and see if you qualify. The rules have been modified over the years so it is... Read more »

1 Answer | Asked in Tax Law and Business Law for Nebraska on
Q: As a 100% shareholder in an S Corp in Nebraska I recieved a state tax lien notice. Is my personal property at risk?

Business was greatly affected by Covid and a chapter 7 filing by a customer. As a creditor the business, lost a significant amount of revenue. The tax lien notice does list the EIN for the S Corp, but only my name, is personally listed on the document. I need to know if any personal property,... Read more »

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Yes, it is possible to be personally liable, but it depends on the specific facts of your case. One method is through "piercing the corporate veil." The tax collector is generally an aggressive creditor. You should seek counsel.

2 Answers | Asked in Social Security for Nebraska on
Q: I am currently a stay at home mother who home schools her children. I have several health problems. Can I get disability

Our family could use income in this economy. But I now have many health problems. Do I qualify because I'm not working?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

You need to contact an attorney that focuses on social security disability claims. Whether or not you qualify for these benefits is a fact-specific analysis. You will likely also need to gather medical documentation to show that you are not able to work due to your health issues in order to... Read more »

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1 Answer | Asked in Legal Malpractice for Nebraska on
Q: My house was searched as a random they said as a bond condition they could randomly search.Without warrent wasthis legal
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It is not uncommon for some bond terms to legally allow searches that would otherwise be unlawful. You would need to speak with your criminal defense attorney to determine if the search in your particular situation was lawful or not.

1 Answer | Asked in Car Accidents for Nebraska on
Q: If accelarater stuck causing a crash and it was a malfunction of the car that caused the crash am I still at fault
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

These types of questions of negligence are very fact-specific. You could get into issues of maintenance, etc. in addition to default of the product itself. Even if the driver is found to be at fault and ordered to pay, the driver may then have a cause of action against the manufacturer to recoup... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: When a child turns of legal age, can they seek retroactive child support, even though no paternity has been established?

When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... Read more »

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
Read more »

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Nebraska on
Q: Want to know if I will be fined for a lapse of insurance or home owners insurance in the state of Nebraska.

I am changing companies and have been told that I have to have continuous coverage on my auto and home insurance. Is this correct for the state of Nebraska?

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

You have to have "proof of financial responsibility" for your vehicles, which for most people, means that they have to have vehicle liability insurance (auto insurance) on the vehicle at least at the statutory minimums at all times. There are some exceptions that you can read about on... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Military Law for Nebraska on
Q: This is my father and he does this to me. Please help me.

I have recordings

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

Your question doesn't give any details as to you or your situation. If you believe a crime has been committed, you may need to file a police report.

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