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Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: My bf and I had been arguing on the phone he threatened to take my apartment and kids from me so I called the police and

I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg

Julie Fowler
Julie Fowler answered on Jun 18, 2021

A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: How can the law inforcement break in a residence without the homeowners being home an search in Nebraska?
Julie Fowler
Julie Fowler answered on Jun 18, 2021

Was there a search warrant? If so, then this was very likely lawful.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Sexual Harassment for Nebraska on
Q: Can I get the school district to pay for outside counseling for my daughter, after being sexual harassed by a teacher?

The teacher is being investigated by the police, he has resigned and admitted to his wrongdoing. Charges have not been filed yet.

Julie Fowler
Julie Fowler answered on Mar 9, 2021

Maybe. Contact an attorney to assist with the case. This could potentially be a service offered or a term of a settlement agreement.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I recently completed a diversion program in the State of Kansas. Will this record show on a criminal background check?
Julie Fowler
Julie Fowler answered on Mar 2, 2021

At least in Nebraska, once diversion is completed, the charge is dismissed and the file sealed. Thus, generally the charge and the diversion completion won't show on a standard criminal background check.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... Read more »

Julie Fowler
Julie Fowler answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Criminal Law for Nebraska on
Q: Are there any lawyers in Nebraska that will accept bond money as payment?
Julie Fowler
Julie Fowler answered on Jan 6, 2021

Yes. May do. It is not uncommon for a defendant to "assign" the bond money to their criminal defense attorney as part of the fee agreement for services.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What exactly does attempted possession charge mean in Nebraska?

They want to drop the charge from possession to attempted possession of a controlled substance Also drop the paraphernalia charge totally. And keep the shoplifting charge.

Julie Fowler
Julie Fowler answered on Jan 4, 2021

An "attempt" offense is generally a lesser offense that can still be supported by the same general facts. These are often used as part of plea offer as "attempt" offenses often carry a lesser minimum/maximum sentencing range than the offense itself. Thus, the prosecutor may... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Do you have 3 days to surrender yourself if fail to appear in court before being charged with this.Nebraska

My brother was out on bond on a felony charge, and forgot to appear in court. He has never done this before. Court was at 930 am. He was arrested at 2:00 pm for failure to appear. I read ne rev statute 29-908, and it says you have 3 days to surrender yourself before being charged. Would that apply... Read more »

Julie Fowler
Julie Fowler answered on Dec 7, 2020

You can be arrested for a failure to appear warrant even if you missed a court date less than 3 days ago.

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: A female friend was arrested on a DV assault-3rd degree misdemeanor. She actually had a warrant but turned herself in

To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... Read more »

Julie Fowler
Julie Fowler answered on Oct 27, 2020

I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.

2 Answers | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: I’m in Omaha Neb If I paid the full retainer fee for an attorney for a friend can I fire the attorney?

Or can only the client fire the attorney? Actually, I’m wanting the partial amount back due to the friend not living up to the conditions of the loan, not necessarily because of the attorney

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 14, 2020

Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be... Read more »

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it a good idea to fight the warrant or not?

Discovery shows the exact info used to enter my husbands residents in Dec 2019 (we had been seperated over a yr) which had nothing to do with me. Boyfriends past record, & surveillance conducted at neighbors 4-5 blocks away, & a guy who claims to have purchased drugs from me the night he... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 5, 2020

Whether you have a sound basis to suppress or keep out of evidence the contraband they found after entering your living space is a matter that should be discussed with a criminal defense attorney retained or appointed by the Court. If you don't already have an attorney, either pay for and... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Civil Rights for Nebraska on
Q: Do i have rights to leave a treatment program and choose one that is best for me if i was not court orders

Im on probation and my out patient counsoler recommended me for intensive Outpatient Treatment because I missed a few classes I also missed one of those so she then in turn contacted my probate probation officer and told her that I need intensive outpatient treatment she's and made me go to a... Read more »

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If there is another treatment program that is a better fit and the person has been accepted into that program, then it is possible to transition a person from one program to the other. The person would want to coordinate with the probation officer to make sure they are also aware of the transfer... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have a question about the plea deal in regards to my case. Is it okay for me to call the district Court and ask them

I can't get ahold of my PD, and haven't been able to for several days. I would like to call the district Court and ask for more info about the plea deal, but I'm not sure if this would harm my case in any way. (Ex. Could this get back to the county attorney somehow)

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If you have an attorney, the attorney on the other side can't talk to you. Thus, if you have a public defender the prosecutor won't be able to talk to you.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Nebraska on
Q: So in this case, should the co defendant be able to suppress evidence also?
Julie Fowler
Julie Fowler answered on Aug 27, 2020

There are times when a motion to suppress is valid and is granted for one defendant but doesn't apply to a co-defendant. It depends on the overall facts.

1 Answer | Asked in Criminal Law and Adoption for Nebraska on
Q: I shoplifted and they won’t let us pay they sent us a letter using section 43-247.1 and 43-3001 what does that mean ?

I’m adopted and I do have some mental illness such as bipolar but we’re getting me meds

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Are you saying that you were allegedly shoplifting and you would prefer just to pay a fine rather than go to court? Generally, you are required to appear in court when charged with shoplifting. You will want to retain an attorney prior to your first hearing or appear at the hearing and request a... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the extreme use of hand sanitizer cause a false positive read on an ETG urine test for alcohol?

I am a healthcare worker and recently got called to test for alcohol while on probation. My ETG test came back positive. I haven’t drank so I’m guessing it’s from my extreme use of hand sanitizer.

Julie Fowler
Julie Fowler answered on Aug 5, 2020

There is research that supports your theory. If you wanted to bring this defense in a legal setting, you might have to hire an expert to explain how this works and whether it applies in your case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: If I tell my lawyer to skip depositions and go straight to asking for a plea deal can they do it.

My lawyer wants to do depositions, she got an approval from the judge. I dont want to do that because itll be more trouble. I just want to move to a different step or just asl for a plea deal. Can they do that if I request them to?

Julie Fowler
Julie Fowler answered on Jul 22, 2020

The party that requested the deposition can generally cancel the deposition. Whether this is in your best interest is another issue. If the prosecutor requested the deposition (or both parties requested it), then the defense generally can't just cancel the deposition. The prosecutor... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was arrested for felony flight to avoid but it was dropped down toa misdemeanor and i was put on probation for 1yr

If i violated probation what would be my sentence can they bring the felony back up

Julie Fowler
Julie Fowler answered on Jul 22, 2020

For a violation of probation, you can generally be sentenced up to the maximum jail time allowed under the original offense convicted of. Thus, if a person was convicted of a misdemeanor, the maximum jail time is generally the maximum jail time allowed for the misdemeanor, even if the original... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: i have a warrant for crim attempt class felony 4 and I dont know what it could possibly be and I don't know what to do
Julie Fowler
Julie Fowler answered on Jul 22, 2020

Many counties post their active warrants on their county sheriff's website. You could also do a case search on the Nebraska Judicial Department website if you believe the warrant is in Nebraska. https://supremecourt.nebraska.gov/e-services

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