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Nebraska Questions & Answers
2 Answers | Asked in Immigration Law for Nebraska on
Q: Visa application

I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?

Stephen Arnold Black
Stephen Arnold Black
answered on May 17, 2024

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US with permission. This is true even if they overstayed their visa. If the case is handled correctly, their cases won’t get rejected. Retain an immigration lawyer who will process the case so it goes smoothly... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
James L. Arrasmith
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answered on May 19, 2024

If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More

0 Answers | Asked in Criminal Law and Child Custody for Nebraska on
Q: Can you be found innocent of a crime and retried with no new evidence brought in 2nd time?

My daughter was charged with a theft. She was found innocent by a state employee saying that she was her alibi at the time crime was committed. My daughter then had a violation of probation on a completely different charge and was picked up and re charged for the charge she was found not guilty... View More

0 Answers | Asked in Landlord - Tenant for Nebraska on
Q: Can my landlord trespass me from property without evicting me first

Moved on with girlfriend 2 years ago and her mother is the landlord. Home was actually supposed to be my girlfriend's inheritance, but mother doesn't like me and after a squabble between girlfriend and I that has been since resolved her mother is trying to trespass me from the home I... View More

0 Answers | Asked in Civil Litigation for Nebraska on
Q: am i elligible for a refund on my down payment for a used car at a buy here pay here?

I started financing a used car at a buy here pay here with a “as-is no warranty”. however i noticed the transmission was going out very fast within 3 days of having it. i took it back and the dealer resold is without my permission after i already paid the sales tax at the dmv. He assumed i... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: If you are divorced and court ordered to pay child support but the ex-spouse and child still live in home,do u hav 2 pay
Julie Fowler
Julie Fowler
answered on May 9, 2024

The other parent and child moving into the home is not an automatic ground to terminate the child support order. However, assuming this is a material change since the Decree was entered, you may have good grounds to ask the Court to terminate the child support due to the direct support being... View More

1 Answer | Asked in Employment Law and Civil Litigation for Nebraska on
Q: Can two company's that holds my pension plan that iv tried for 7 years to receive juggle my plan back and fourth

For 7years my dad has been getting jerked around between two company's about his pension he is suppose to be enjoying his retirement and was suppose to have boughten a home closer to grandkids and had plans for investments but all that is out the window now ,he now is living off ssi and never... View More

Julie Fowler
Julie Fowler
answered on May 9, 2024

If the pension is through a union, a union representative may be helpful in figuring out why the pension is not being paid and what else needs to be done to get into pay status. He can request and review the plan documents to make sure that he meets the eligibility requirements and has completed... View More

0 Answers | Asked in Landlord - Tenant for Nebraska on
Q: I live in low income and my apartment has flooded with backed up sewer and I now have mold shouldn’t we be moved

Other apartments keep backing up sewer water into my unit my kids and I are now being exposed to mold building management didn’t send anyone to clean or tear out the carpets and we keep getting sick I requested we be moved into another unit they stated for me to just clean it or I could terminate... View More

1 Answer | Asked in Gov & Administrative Law for Nebraska on
Q: If I bought a filing cabinet at an estate,and found a bill of sale and title,is it legally mine?

It's to a tractor and the filing cabinet was sold to me (as is)

Julie Fowler
Julie Fowler
answered on May 9, 2024

Sometimes important documents get misplaced. Generally losing your title to a vehicle doesn't mean the person that finds the title now gets your vehicle. The person listed on the title of the vehicle is very likely still the legal title holder.

1 Answer | Asked in Small Claims for Nebraska on
Q: I have loaned someone 900 dollars and told her she didn't need to pay it back 3 months later.

It came out of a joint account, my husband wants the money back, can he take her to small claims court if she doesn't pay it?

Julie Fowler
Julie Fowler
answered on May 9, 2024

Legally, a loan must be repaid. Legally, you can be required to pay back a gift. If there is a question as to what it was, a judge can decide whether it was a loan or a gift and whether it needs to be paid back or not.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Nebraska on
Q: If I have a food truck named turtle power pizza Can I have a mural of the ninja turtles on it?
James L. Arrasmith
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answered on Apr 15, 2024

It's great that you want to decorate your food truck with art that ties into the name! However, directly using characters like the Ninja Turtles could potentially infringe on copyrights and trademarks owned by Viacom, the company behind the Teenage Mutant Ninja Turtles franchise.... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Nebraska on
Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the... View More

James L. Arrasmith
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answered on Apr 10, 2024

The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Is it legal for my employer to activate artificial intelligence in the trucks I drive for them is it unconstitutional
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

There is no constitutional prohibition on activating artificial intelligence technology in trucks. Artificial intelligence is used by many trucking companies in logistics and route planning to optimize routes, considering factors like traffic patterns, weather conditions, and delivery schedules.... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Not on the rent to own or lease to buy

Location: Omaha, NE, Douglas County

Background:

I have been renting a basement from my ex-girlfriend since Winter 2019, with consistent rent payments of $520/month.

Recently cleared back rent of approximately $2500 as of April 4, 2024.

A confrontation occurred when... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that you are facing several tenancy-related issues with your landlord (ex-girlfriend). Here are a few steps you can consider:

1. Legal assistance: Seek advice from a tenant rights organization or a lawyer specializing in landlord-tenant law to...
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2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: Child support office says I pay full amount of support for final month even if my daughter turns 19 on may16th
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 4, 2024

That is correct. Child support in Nebraska is due in full and owed on the 1st of each calendar month and it is paid by the month and not pro-rated. Just as children are minor dependents for tax purposes in the year they turn 19 whether they turn 19 in January or December, support is owed for the... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Nebraska on
Q: In Nebraska, can a plea of no contest be withdrawn after being accepted?Defendant has a capias misrepresented by counsel

filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime."... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:

1. Plea withdrawal: A defendant may file a motion to withdraw their...
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1 Answer | Asked in Family Law for Nebraska on
Q: What can I do to get my child a passport if the mother is refusing to sign the required documentation?
Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It depends on what the custody order says. Who has legal custody? If you have legal custody, you may be able to complete the application without the other parent's participation. Depending on what your court order says, you may also likely be able to file a motion to compel the other party... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am going to buy a house in Nebraska. Owner will carry me. Do I have ti pay interest if we agree to 0%

If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct

Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More

1 Answer | Asked in Criminal Law and Family Law for Nebraska on
Q: How does one prove sobriety in a courtroom when sweat drug patches are showing positive for drugs that one is not using

Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More

Julie Fowler
Julie Fowler
answered on Mar 24, 2024

The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I was divorced in 2021 & son is 18 & lives on his own. My ex continues to harrass me. Can I block him on my phone?

I know my son is covered under the custody/parenting plan until he turns 19. My ex has my email - does he have to have access to me via phone? Neither of our kids will speak to him (emotional abuse situation). But now he's harassing me about things that have no bearing as to the kids. I... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2024

Maybe. It depends on what your order states and somewhat on the history of the case. If your order allows it, then you can probably block him on your phone and let him know that you are only communicating via e-mail at this time. If he isn't asking about questions relating to the child,... View More

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