Omaha, NE asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska

Q: Should I request criminal prosecution be transferred to Federal from State District Court. A s1983 civil rights remedy?

I believe the Arrest was unlawful. I am 25% Eskimo. Not a NE citizenship. I was traveling to Indiana.

2 Lawyer Answers
Gary Kollin
Gary Kollin
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: You need to retain an attorney before doing anything. A criminal defendant does not have the right to demand a change from state to federal court.

Civil suit under 1983 is a different legal action

Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: A 1983 action is a civil action, not a criminal case. You need to speak with a criminal defense attorney to represent in Nebraska against your Nebraska criminal charges. If the charges are under Nebraska criminal law (which is very likely), you won't be able to transfer them to federal court.

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