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Questions Answered by Brendan Michael Kelly

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on

Q: Can a minor date an adult without any sexual relationship and still be legal?

My 16 year old daughter is talking to a 25 year old they are very close and he is a respectful man. They have never done anything sexual before they haven’t even went out on a date, they just FaceTime. Is this illegal?

Brendan Michael Kelly answered on May 30, 2019

It is not illegal for a minor to communicate with an adult. Yet, it is never an idea you want to allow! Only face time? How do you know? The adult is much too old and any thing other than normal conversation is likely to get him in grave trouble. Don't allow this type of communication Ever.

2 Answers | Asked in Domestic Violence for Nebraska on

Q: Is it just that in a criminal case like domestic assault, spousal privilege “may not be claimed” but still could be?

Or is it saying that in a criminal case that spousal privilege cannot be exercised?

Brendan Michael Kelly answered on Apr 7, 2019

Spousal privilege cannot be claimed. The idea of it as a defense in a criminal matter (domestic assault, sex trafficking, drugs) is really no longer valid. Some communication may be excluded or barred, but over the year the privilege has been eroded.

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1 Answer | Asked in Criminal Law for Nebraska on

Q: what is the minimum sentencing for 2nd degree theft / receiving stolen property $5000 or more in Nebraska

Brendan Michael Kelly answered on Mar 20, 2019

As a class III felony your looking at 0-4 years imprisonment and up to a $25,000 fine or both. There is also a period of post-supervision.

3 Answers | Asked in Divorce for Nebraska on

Q: How do I go forward when judge has ordered it a civil case in regards to back alimony

Brendan Michael Kelly answered on Mar 18, 2019

I would advise you to follow Ms. Fowler's advise on how to proceed with your case.

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1 Answer | Asked in Family Law for Nebraska on

Q: Elderly father in Neb, lost wife to Leukemia in Dec. She has a ton of unpaid hospital bills. Is my father responsible?

Insurance has already paid their "share" and there is still a hefty outstanding balance. Father is on Soc Sec Disability. What is his obligation to pay these bills?

Brendan Michael Kelly answered on Mar 5, 2019

Unless your father signed for the bills they are not likely to be able to hold them responsible. Contact take the billing dept and explain the circumstances. I would also hold on to all the billing after reading them in case they take legal action. If they do you should contact legal aid.

1 Answer | Asked in Personal Injury, Car Accidents and Employment Law for Nebraska on

Q: Who is financially responsible for injuring someone while delivering pizza, driver or employer?

About three months ago I was delivering pizza in my own vehicle and struck a bicyclist at a crosswalk. There was a witness that said the bicyclist had stopped before entering the crosswalk and I was issued a ticket. The bicyclist had to be taken away in an ambulance due to a knee injury.My... Read more »

Brendan Michael Kelly answered on Nov 20, 2018

You as the driver are responsible for the accident and the lawyer is likely to come after the pizza place to have them recover as well.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Nebraska on

Q: Can my fiance move out of her parents house at 17 and live with me if we move out of state?

Without parental consent?

Brendan Michael Kelly answered on Nov 5, 2018

No. She is considered a child until age 19 or her marriage.

2 Answers | Asked in Criminal Law and Juvenile Law for Nebraska on

Q: Is it illegal for a 17 year old to hit someone younger than them in self defense?

Brendan Michael Kelly answered on Nov 5, 2018

It is legal for a person to defend themselves. All people have a right to self defense. Age of the parties is one of the many factors that is taken into account in making the decision if the action is criminal.

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1 Answer | Asked in Criminal Law for Nebraska on

Q: Need help resolving 2yr old warrant. Moved Outta State. Not sure y I have it. I had already served my jail time 4 it.

Just found out i have it & that i cant pay it online. Served 4month sentence 4 it b4 i moved outta state 2yrs ago.

Brendan Michael Kelly answered on Oct 23, 2018

Contact a good criminal lawyer in Omaha a should be able to discover and help you clear up the warrant. We have been able in the passed to have such matters resolved without the clients having to appear. A good criminal lawyer should be able to assist you in this type of action.

2 Answers | Asked in Criminal Law for Nebraska on

Q: Got pulled over, I think an illegal search was conducted.. Please help and answer my question.. From Plattsmouth, Ne

I got pulled over for no brake lights, the officer ofcourse wrote the tickets came back to my truck and gave them to me, when he was about to leave he noticed the corner of a silver case.. So he called me back to his police car and said he needs to ask me a question. So i did and he asked whats in... Read more »

Brendan Michael Kelly answered on Oct 9, 2018

It likely is an illegal search. The fact that the stop was for the tail lights and a ticket was given ends the stop. There is a good case that talks about per longing the nature of a stop leading to the discovery of evidence. A good criminal lawyer should be able to advise you further.

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1 Answer | Asked in Criminal Law for Nebraska on

Q: Can criminal charges be put on some one committing adultery?

Brendan Michael Kelly answered on Aug 30, 2018

You would have to make a report it to law enforcement.

1 Answer | Asked in Family Law for Nebraska on

Q: Can tempary Insanity be used as a defense of domestic violence adultery was involved?

She been having an affair since May 28th probably earlier. We have 5 kids , the 2 yr old is on the wife's schedule, she up till 1 or 2 am, I get up for work at 4, and the wife is out till 4 in the morning repeatedly

Brendan Michael Kelly answered on Aug 30, 2018

Not likely, my suggest would be to file and seek custody. If you already have a DV case filed against you, you will want to defend that first.

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: My 17 year old daughter is pregnant. I want custody of baby or power of attorney. Is that possible? She will be 18 when

Neither have a job, I pay for everything, and found out insurance does not cover her pregnancy today.

Brendan Michael Kelly answered on Feb 13, 2018

The child is not an adult until 19 in Nebraska. Power of attorney over the child that is not born is not allowed. You should contact social services and see about getting support for the medical delivery and the father will be required to pay for the medical share. The child once born should be... Read more »

1 Answer | Asked in Criminal Law for Nebraska on

Q: How long of a sentence minimum-maximum does 3rd degree assault mutual consent carry

Brendan Michael Kelly answered on Feb 9, 2018

It is a class one misdemeanor offense and carries 0 to 1 year in jail and/or a $1000.00 fine.

1 Answer | Asked in Personal Injury for Nebraska on

Q: if a person comes into anothers house thinking no one home and gets bittin by the homeowners pitbull is the homeowner

responsible for damages to the person that got bitten

Brendan Michael Kelly answered on Feb 9, 2018

A person who enters into your home without permission is an intruder and liable for any damage or injury they cause or sustain. Only if they had permission would the home owner be liable.

1 Answer | Asked in Domestic Violence for Nebraska on

Q: My wife got third degree domestic assault. Nebraska. Class a misdemeanor. No past history. How long will no contact be?

Brendan Michael Kelly answered on Feb 1, 2018

The no contact is until the case has been resolved unless the court allows the contact. My suggestion is that you have her lawyer remove the no-contact order or if your the alleged victim you speak to the prosecution and her lawyer about having it removed. A good criminal lawyer should be the... Read more »

1 Answer | Asked in Family Law for Nebraska on

Q: If someone changed their name legally and got married with their previous last name is the marriage legally binding?

Brendan Michael Kelly answered on Jan 29, 2018

Not real sure of the question you are asking. If someone changed their name legally (from Smith to Jones) and got married under a now false name (Smith) the marriage would still be valid. The license would have to be changed to correct the name, assuming they did everything else to obtain a civil... Read more »

1 Answer | Asked in Criminal Law and Consumer Law for Nebraska on

Q: My car caught on fire whyll getting repaired at machanics shop his howl shop caught fire

He had no insurance and I had no insurance on the car not sure on what I need to do about the situation I had a lot of money in the car

Brendan Michael Kelly answered on Jan 24, 2018

You should try and sue in small claims and then try and collect on the judgment.

1 Answer | Asked in Criminal Law for Nebraska on

Q: If u get caught on videotape stealing a controlled substance what kind of violation is that

It happened at a friend's house also will they let u out on own recognice

Brendan Michael Kelly answered on Jan 23, 2018

Your question depends on the nature of the Controlled substance and the amount taken. You also will have to advice your age and prior criminal history. My suggestion is that you contact a good criminal lawyer to help you out.

1 Answer | Asked in Juvenile Law and Traffic Tickets for Nebraska on

Q: I have a court date on the 17th for a ticket can i get it pushed back a few days by asking to take it to juvenile court?

Brendan Michael Kelly answered on Jan 15, 2018

While you may be able to the first court date is generally an advisement hearing. Best to get a lawyer and have them file a motion to have the matter moved to juvenile court.

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