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Questions Answered by Perry Andrew Pirsch
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Nebraska on
Q: First offense marijuana possession charge in Nebraska—believed to be Delta 8, incident in car.

I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 6, 2025

If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 3, 2025

Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More

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3 Answers | Asked in Business Formation, Business Law, Tax Law and Real Estate Law for Nebraska on
Q: Benefits of transferring rental property to LLC for tax purposes

I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 3, 2025

I was just talking with a CPA on this very issue today. There are, in my opinion, a number of reasons to consider an LLC with the leasing of real property. First reason, however, is limited liability and protection of personal assets. Second, while an LLC does not have corporate formalities, the... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Nebraska on
Q: Son sued for $7200 after uninsured car accident in Nebraska.

On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 6, 2025

This is one where a simple paragraph is probably not sufficient in trying to assess liability. Feel free to have your son call for a free, initial consult. If I were him, I would consider retaining counsel and possibly a counterclaim.

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2 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for Nebraska on
Q: Will insurance cover storage fees for towed vehicle in accident with uninsured driver?

I've been involved in an accident where my vehicle was towed to a nearby towing company's yard, and it's been there for nearly a week. The other driver was at fault but is uninsured. My vehicle has comprehensive coverage, and I've contacted my insurance, but I haven't... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 3, 2025

Do you have uninsured and underinsured coverage? (You should. It is good co erage to add for the money.) In any case, call your insurer for guidance. You also have a duty to mitigate damages so you may want to ensure they do not pile up under the auspices it is someone else's problem.

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