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I've pled guilty to charges from a 2023 federal case for possession with intent. I'm contesting the PSI due to a time gap between offenses. Previously, in 2005, I was released after serving time for a 2001 federal firearm and meth possession case. In 2008, I committed a DUI, for which I... View More 
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answered on Apr 13, 2025
To defend against being labeled a career criminal, you should focus on highlighting the time gap between your offenses and the fact that you have shown periods of law-abiding behavior. The career criminal label is typically applied when someone has a pattern of persistent criminal activity over a... View More
I'm dealing with a roommate situation where I wasn't listed on the lease. I lived in the house from late January to April 2025 but left physically on March 18. Although I provided a 60-day notice of departure, my roommates are now demanding more money than initially agreed. We agreed on... View More
answered on Apr 12, 2025
I don't know enough about the specifics of your situation to give you specific advise. However, in general, when you agree that you owe the other party due to an agreement, it often makes sense to pay the amount that you agree that you owe. Then it is up to the other party to see if they... View More
I have a custody order from Nebraska that gives my ex 4 weeks in the summer, 4 days for holidays, and allows FaceTime every day. They haven't seen my child in 4 years or spoken to them in 2. Initially, I was granted a relocation order to move out of state, but I am returning soon. I have sole... View More
answered on Apr 11, 2025
If you are not following the terms of the Court order, then it is possible that the other party will file a contempt and that the Court will find you in contempt.
However, even if the party files for contempt, the party requesting the contempt finding has to show that you are in willful... View More
I'm trying to understand if a county jail can restrict all communication between an inmate and their family as a sanction. Currently, all communication with an inmate is withheld until April 11th, with the message indicating that the inmate is on lockdown with deputies. Are there jail rules... View More
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answered on Apr 7, 2025
In some cases, a county jail can restrict communication as a form of sanction, but it usually has to be tied to specific rules or violations. For example, if an inmate violates the jail’s conduct policies, such as engaging in violent behavior or attempting to disrupt jail operations,... View More
I am 16 and currently living with my mother who has custody of me. My father, who pays child support, is willing and able to have me live with him. I feel more respected by my father and want to live with him because my mother often calls me names and body shames me, which affects my self-esteem.... View More
answered on Apr 5, 2025
If the parents are in agreement regarding changing custody of their child, then they can stipulate to the legal paperwork to change the custody and the child support. If they are in agreement, the process is relatively easy and is just a matter of completing the appropriate paperwork and filing it... View More
I experienced a challenging work situation involving a supervisor who raised her voice, used inappropriate language, and made unfounded accusations, alongside a colleague's unsafe food-handling practices. This has created a toxic environment, impacted my finances due to lost wages, and left me... View More
answered on Apr 5, 2025
The Nebraska Wage Payment and Collection Act, starting at Nebraska Revised Statute Section 48-1228 is one way for employees to collect wages that they have a legally earned but have not been paid timely. You can find the language of the statute and some cases that have cited it on the Nebraska... View More
I was at a gas station in Nebraska when an officer witnessed me driving there. He tried to arrest me for driving under suspension, but I explained that my license was valid—I had mistakenly not paid the reinstatement fee, which made it a case of driving without a license instead. Despite this, I... View More
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answered on Apr 7, 2025
It sounds like there was some confusion surrounding the status of your license at the time of the incident. While you may have shown the court proof of payment for the reinstatement fee, officers may have acted based on the belief that you were driving under suspension, which is a serious offense.... View More
I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More
answered on Mar 27, 2025
You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More
I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?
answered on Mar 27, 2025
If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More
I have an ex parte domestic violence protection order, and a violation was filed. We are waiting for the trial, and there are no prior incidents except a couple of phone calls without charges. What happens if the accuser does not show up in court for the trial?
answered on Mar 27, 2025
If the accuser was the star witness, then there may not be enough evidence for the prosecutor to move forward with their case. On the other hand, if there is enough evidence otherwise, the prosecutor may still move forward even if the accuser is not cooperative. The Court can also give a... View More
I am a student at a public school and we've been verbally informed by school authorities that we cannot distribute event invitations or speak about our religious beliefs because it's considered disruptive, even if done before school hours, or between classes. The school claims it takes... View More
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answered on Mar 25, 2025
Public schools in the United States generally cannot prohibit students from distributing religious materials or discussing their faith during non-instructional time. The First Amendment protects students' rights to religious expression in public schools, and courts have consistently upheld... View More
I lived and worked in Korea for several years and returned to the U.S. in late September 2023. Before 2024, I had between $50K and $75K in my foreign bank account. I am concerned about whether I needed to file Form 8938, given the physical presence test from September 2022 to September 2023, which... View More
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answered on Mar 24, 2025
Your situation involves multiple tax factors that need careful consideration regarding Form 8938 filing requirements.
For the 2023 tax year, your filing threshold depends on your residency status when you returned from Korea in September. The standard threshold for U.S. residents is... View More
In Nebraska, is it legal for a convicted felon to possess and transport throwing knives for sporting purposes? Specifically, I assembled a standing target with a friend and practiced throwing knives, transporting them stored in a box on the floor of my truck with the target in the truck bed.... View More
answered on Apr 5, 2025
There is an argument either way on this one.
The statute has exceptions for things like archery equipment for lawful purposes and hunting/fishing equipment when used for those purposes and the person has the appropriate Nebraska permit for hunting/fishing consistent with the equipment.... View More
My husband's father passed away and left life insurance policies to his children, naming my husband as the beneficiary of his policy. Without informing him, my husband's sister, the executor of the estate, cashed in both their father's policy and my husband's policy. The life... View More
answered on Mar 27, 2025
If someone other than the beneficiary was paid the benefit, then you may need to file a court case. If there is a probate case open, you can likely bring your cause of action within the probate case. This could include filing a subpoena for more info.
I was parked on a county road texting to avoid doing so while driving when a sheriff approached me. Despite having no initial reasonable suspicion or evidence of a crime, the sheriff subjected me to a breathalyzer, which I passed, and then insisted on a urine test, claiming refusal would lead to... View More
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answered on Mar 24, 2025
Your situation raises important Fourth Amendment concerns regarding unreasonable searches and seizures. While police generally need reasonable suspicion to initiate traffic stops, the legal standards become complex when dealing with parked vehicles. Courts have ruled that officers may approach... View More
I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More
answered on Mar 8, 2025
The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More
I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte... View More
answered on Mar 8, 2025
Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.
https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802
It isn't clear from the information in your question if you... View More
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
answered on Mar 16, 2025
As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More
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
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
My brother, Darrin Healey, who suffers from congestive heart failure and stage 2 kidney disease, is struggling to get Medicaid, food stamps, or any assistance from the state due to his criminal record. He had high blood pressure and couldn't afford the medication, and we received no help from... View More
answered on Mar 27, 2025
Unlike many western nations, there is no right to universal health care in the United States. You don't have a right to basic health care in the US. Besides emergency life-saving services, if you can't afford health care or necessary medications, you don't have right to those... View More
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