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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
