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Nebraska Criminal Law Questions & Answers
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

1 Answer | Asked in Criminal Law for Nebraska on
Q: If you are hired to tow a vehicle and there is something illegal in the vehicle being towed, can the driver be arrested?
Julie Fowler
Julie Fowler
answered on Apr 6, 2022

Maybe. Criminals try to get creative at times. If law enforcement knew the tow truck driver was in on the drugs being moved, they could be charged.

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on
Q: I own guns and my husband just became a felon in Nebraska.

Do I have to get rid of them or can they be locked up in a safe and he cannot utilize them. I can’t seem to get a clear answer.

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

I have seen charges for possession by a prohibited person filed against a person when the house they were staying in had locked-up guns in a floor of the home that the homeowner did not allow them access to, although technically they could have gone into that area of the home. They didn't... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Elder Law and Nursing Home Abuse for Nebraska on
Q: What type of attorney do I need? I've been wrongfully accused of elder abuse as of 3/8/22 and I requested an appeal.

There are multiple mitigating circumstances that weren't considered and I have multiple character witnesses and evidence of how I treat my patients. I was in a room with another co-worker when the alleged abuse took place. We were dressing a confused and agitated resident for dinner and she... View More

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

If this is due to a criminal charge, you should retain a criminal defense attorney.

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: In the state of NE is it illegal for a police officer to question a minor about a crime….->

They are a suspect for without parent consent or having a lawyer present?

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

Generally a child doesn't have a right to have a parent present before law enforcement can speak with them.

Hire a criminal defense attorney that regularly handles criminal case for minor children to assist you. Sometimes a motion to suppress or another option may be available.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I'm a felon and I was pulled over and had my sons air riffle in my backseat.they charged me with possession and transpor

Does that make a difference? I don't want to end up back in federal prison for a air rifle.can you please help

Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

You need to speak with your attorney about this. They're the only ones who can review the evidence and give you guidance. Good luck.

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