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Questions Answered by Perry Andrew Pirsch
Q: What if I plead guilty after a car crash in Nebraska with no insurance?
I was involved in a car crash in Lincoln, Nebraska, where my car was totaled. It was my first offense, and I did not have car insurance at the time. There were other people involved in the crash, and I received a citation for negligent driving. I've already had one court date and have another... View More 
Perry Andrew Pirsch
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answered on Jul 9, 2025
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answered on Jul 9, 2025
If you have any assets, YES!, you need legal representation. Even if you don't have assets, there are always things to review and to potentially contest, even if it is just the amount of damages. In short, yes, you should consult with an attorney. No attorney will want to take this sort of... View More
Q: Can I serve time for possessing 7 oz of marijuana in Nebraska at age 18?
I am 18 years old and was pulled over by a police officer who smelled marijuana in my vehicle. I was found in possession of 7 ounces of marijuana in Nebraska. I have no previous offenses or criminal record related to drug possession, and I'm not currently facing any legal proceedings. Can I... View More
Perry Andrew Pirsch
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answered on Jul 9, 2025
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answered on Jul 9, 2025
Yes. Pursuant to Neb. Rev. Stat. 28-416, possession of marijuana greater than an ounce and less than a pound is punishable as a Class III misdemeanor. Thus, you could be sentenced up to 3 months in jail and a $1,000 fine. Note, however, there is NO required minimum sentence and you might also... View More
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
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answered on Mar 6, 2025
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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
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
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answered on Mar 3, 2025
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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
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
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answered on Mar 3, 2025
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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
Q: How to protect non-married partner's rights to stay in my house if I pass away or become incapacitated?
I have named my non-married partner as the primary beneficiary on all my accounts, and my house is nearly paid for. However, my family might attempt to evict them from the house if I pass away or become incapacitated. What is the best way to legally protect my partner's rights to stay in the... View More
Perry Andrew Pirsch
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answered on May 8, 2025
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answered on May 8, 2025
The "best way" depends on a number of factors and preferences that are not fully developed in your question, but you can accomplish protecting an unmarried partner through a trust, a deed with joint tenancy with right of survivorship, possibly a transfer on death deed, powers of attorney,... View More
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
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answered on Mar 6, 2025
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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.
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
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answered on Mar 3, 2025
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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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