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Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Nebraska on
Q: My brother and I own a pasture. He has been renting it out without my signature for 7 years.

He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More

Anthony M. Avery
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answered on Nov 28, 2023

You can hire a NE attorney to sue for contribution for what you have some proof is owing as a tenant in common. An accounting might be possible. But if nothing else, an action for a Sale For Partition can be filed. You should have the title searched first to be sure of your exact ownership.

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Nebraska on
Q: Do I need a civil or criminal lawyer to retrieve property (truck & cash) seized by DEA?

Truck & cash seized during raid, DEA asked for proof & extended time to gather paperwork. He has proof funds were from regular day job and inheritance funds given from mom for Christmas gifts. He has paystubs and receipts. The truck was quoted at $23,650 by feds and cash amount seized was $14,469.

James L. Arrasmith
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answered on Nov 18, 2023

To retrieve property seized by the DEA, you would typically need a criminal defense attorney, especially if the seizure was part of a criminal investigation or raid. This type of attorney is experienced in dealing with criminal matters and can navigate the legal process to challenge the seizure.... View More

2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
T. Augustus Claus
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answered on Sep 7, 2023

Whether your appointed attorney should step down from your case due to their prior representation of a witness or confidential informant depends on various factors. The primary concern is the potential conflict of interest. Attorneys are bound by rules of professional conduct that require them to... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Hire a professional licensed private investigator to investigate the facts and to provide competent admissible evidence to their lawyer. Private investigators are less expensive and specifically trained in providing such services and generally have fewer limitations on what they can legally do.

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Nebraska on
Q: My son who is 19 was charged with an mip in Nebraska while walking up to a outdoor concert. Blew0.00 and had none on him
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

He should retain a criminal defense attorney. The prosecutor has to meet the burden of the charge or the charge should be dismissed. If the prosecutor believes the prosecution can meet the burden with the evidence they have, then you may need to take the case to trial to let the Court decide.

2 Answers | Asked in Criminal Law for Nebraska on
Q: Will a misdemeanor fall off my record?

I have a misdemeanor for property damage: vandalism from 2018. I'm curious if this will ever fall off my record or if I could go through the process to get it expunged?

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

These type of adult convictions don't fall off your record. Your options are generally either a set aside or a pardon. If you have been law-abiding for a longer period of time and the conviction was a misdemeanor, you may be a good candidate to ask for the Court to "set aside" the... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: If I want someone to leave my home (like a party guest, only there for the night, a few hours at most) , what can I do?

Imagine this guest as like someone who came to watch a football game or a barbecue guest. Let’s say that said person and I argue and I tell them to leave and they refuse. I repeat myself and they refuse again , now becoming aggressive to me. What is my legal right to defend myself and also make... View More

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

If you engage with the person physically, you may be charged with assault. If a visitor has overstayed their welcome and refuses to leave, you can call law enforcement. Often law enforcement can convince the person to leave. If not, charges such as trespassing, distrubing the peace, etc. are... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

Julie Fowler
Julie Fowler
answered on May 24, 2023

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Nebraska on
Q: wronfully convicted

awarded my appeal after being in work release but never notified so conviction stuck how do i go about this

Julie Fowler
Julie Fowler
answered on May 24, 2023

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... View More

1 Answer | Asked in White Collar Crime and Criminal Law for Nebraska on
Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100

I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Military Law for Nebraska on
Q: This is my father and he does this to me. Please help me.

I have recordings

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

Your question doesn't give any details as to you or your situation. If you believe a crime has been committed, you may need to file a police report.

1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: My boyfriend was arrested for domestic assault. This is his first offense with this, but he has other felonies.

I don’t want to continue on with it and just leave it at that. I don’t want a protection order or anything if the sort. What can I do? He is currently in jail waiting to see a judge. Bond is too high.

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

You can contact the victim/witness department of the prosecutor's office or the other party's criminal defense attorney. However, if you change your statement, you can be charged with giving false statements to law enforcement or other charges. It is ultimately up to the prosecutor, not... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I shouldn't take a plea deal if I am innocent correct

I bought a carfrom a lady we both counted the money and then proceeded to write up bill of sale and sign the title the next day cops came and took my car and said the lady said I gave her fake money they checked the money in my wallet and seen I had no fake money I had just recently sold some land... View More

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

You need to speak with your criminal defense attorney about your best options. If I have a client who states they are innocent, I prepare the case for trial and try to gather the evidence to prove the client is innocent. If the client ultimately decides to take a plea deal instead of going to... View More

1 Answer | Asked in Libel & Slander, Contracts, Criminal Law and Personal Injury for Nebraska on
Q: legal documentation of inability to dispense medication nebraska legal documentation inability to dispense personal abil
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

A Nebraska attorney could answer best, but your question remains open for two weeks. Part of the post may have gotten left off in uploading - the question is not fully clear. There's no guarantee all posts are picked up, but you could try reposting again. Do not include personal information in... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I just got witness summoned to ND. I now reside in NE. 1300mi rnd trip, plus food/lodging. Do I have to go?

A immobile woman was found to have 2 broken legs, because the N.A. on the floor 4hrs. before my shift, had transferred her to bed, without assistance. She is now having charges brought against her. I am on disability and walk with braces and cane. My muscles are fading away slowly. In my... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You would need to talk with an attorney who practices in North Dakota if that is where the subpoena came from. At least in Nebraska, there are rules about having to compensate witnesses to appear at a hearing.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Why is there only a 10 day time frame to file motion for new trial following a verdict?
Julie Fowler
Julie Fowler
answered on May 4, 2022

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: What can I do if I’ve been ineffectively represented by court appointed counsel?

I have an email where counsel literally denies my request to take action because of indigent status. Can I be denied rights guaranteed by the constitution for asking the courts for a lawyer instead of paying one?

Julie Fowler
Julie Fowler
answered on May 4, 2022

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: Question about constitutional rights in criminal cases, that have more then one defendant

If offered a plea deal agreement to not testify on another criminal case on either the defendant or the states behalf, but can’t take the deal until the other defendants case is over, is it against constitutional rights of other defendant if they can’t call in that witness

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination... View More

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