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Nebraska Questions & Answers
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 Civil Litigation for Nebraska on
Q: My son traded vehicles with another guy and he will not give us the title. Is there anything we can do?

We provided him a title that he said his dog chewed up so the ownership of my son's car was never transferred to him but he had since sold the car

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

The Nebraska DMV has information regarding obtaining a duplicate title if the original title was destroyed by an animal. Once the title holder has a new title, you should be able to complete the title transfer pursuant to the terms of the purchase agreement. If the other party isn't... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: Can a lawyer dismiss a custody case without having the approval of their client
Julie Fowler
Julie Fowler
answered on Mar 17, 2022

That would be very unusual, but it might be okay in special circumstances. For example, filed in the wrong court without jurisdiction, etc.

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.

1 Answer | Asked in Collections for Nebraska on
Q: I received 4 different letters from different attorneys saying I was being sued by a debt collection agency

The amount due was $160.00 and I had called the collections agency after the first letter asking if I was still able to pay it. She said yes but it got sent to their attorney and she would find out when I needed to pay it by and the official total amount. Am I really being sued and she just... View More

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

If you want to see if a court case has been filed against you, you can go on the Nebraska Supreme Court's website. For a small fee, you can search for cases in your name. The law library at the Douglas County Court also has computers that you can use to search for criminal cases in your name.

1 Answer | Asked in Banking for Nebraska on
Q: Looking for bank directors exam requirements for Nebraska
Julie Fowler
Julie Fowler
answered on Mar 17, 2022

The Nebraska Department of Banking and Finance has a website. The information you are looking for is likely on there, or you can contact them for more info.

1 Answer | Asked in Uncategorized for Nebraska on
Q: Change my Divorced name to my maiden name

I want my last name to what I was born with.

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

If you have a divorce action pending in Nebraska, the final divorce decree can restore your maiden name.

If your divorce is already finalized and the Decree doesn't include the restoration of your maiden name, then you will likely need to file a name change action in the county that...
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1 Answer | Asked in Family Law for Nebraska on
Q: How long does paternity case take in Nebraska?

A friend was notified while in jail that he was named as a potential father for this woman's twins. Since then he hasn't been contacted further. No court order for DNA. Nothing. Except this woman messages saying that they're his - and she lost custody about a year ago of all her kids... View More

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

When you are served with a paternity court case, you are required to file a response within 30 days of service if you object to the allegations in the complaint. If he hasn't filed an answer questioning paternity, then the Court can find him to be the children's legal father without... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I had a friend move in January7th. He paid rent for January and February. Can I kick him out on March 1st?

I live in Nebraska and we have no binding agreement.

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

The Landlord-Tenant Handbook put together by Legal Aid of Nebraska is often a good resource in addition to contacting an attorney about the particulars of your case.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Uncategorized for Nebraska on
Q: How much is the fine for a failure to appear in Nebraska

I was cited for no registration and no proof of insurance. I missed my sentencing because I was in jail in another county

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

A failure to appear under Neb. Rev. Stat. 29-426 can be punished with up to a fine of $500 and up to 3 months in jail. There is no mandatory minimum and this type of charge may be dropped as part of an overall plea deal.

1 Answer | Asked in Bankruptcy and Consumer Law for Nebraska on
Q: What needs to be met/included in a complaint against a creditor for violating the automatic stay?
Timothy Denison
Timothy Denison
answered on Feb 9, 2022

The creditor and his or her lawyer.

1 Answer | Asked in Bankruptcy and Consumer Law for Nebraska on
Q: The bank closed my account I want to know can I open an account in another bank or no??

Some body told me that want help me financially and just asked me to buy something for her then she will give me 300$. She asked me for login and then did a quick deposit for 3300$, the bank returned the money to her but blocked my account for that reason.

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

You should be able to open an account at another bank.

1 Answer | Asked in Child Support for Nebraska on
Q: Can I be ordered by the state to establish paternity for a 15 year old child that I had no knowledge of?

She is an exgirlfriend now seeking support

Julie Fowler
Julie Fowler
answered on Feb 4, 2022

The State can file an action to establish paternity and child support up to the age of 18 years old. Thus, if a child is under 18 years old, the State can go forward.

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: My boyfriends childrens mother filed for health benefits and he is now being ordered to test for paternity/child support

Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 7, 2022

Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... View More

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2 Answers | Asked in Child Custody and Child Support for Nebraska on
Q: Can child support be modified after a custody modification was signed 4 years ago?

In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 6, 2022

Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: My bf was riding a peddle bike when 9 cops cars surrounding him 2 cops grabbed him arm and searched him

Was his 4th amendment right violated

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

There isn't enough facts here to determine whether there was a violation or not. Did he have an active warrant or very closely resemble a person who does? Did a serious crime occur nearby and he matched the description of the suspect fleeing? Even if it turns out that law enforcement got... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: My car got pulled over for a headlight out. My boyfriend was driving and his license is suspended and I didn't know.

He got a ticket and court date. What happens to me?

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Were you issued a citation? If you were issued a citation at the time of the encounter nor soon after, then likely nothing will be issued to you at a later time. Either way, you should get your headlight fixed before you drive it again. Depending on what citations were issued, you may need to... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Please expand on “ No Juridiction” recently my grand sons where taken into state custody.

And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: noncompete with franchisee, quit, want to work for same franchise but under a different franchisee. enforceable?

the noncompete basically just says : this franchisee, after cessation 1 year following within 25 miles no working for same industry for any other employer, and the basic other stuff in noncompetes, but it also has this clause

"Employee acknowledges that this agreement to not compete... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

You would need to sit down with an attorney and go through the specifics of your situation and the specific documents to see whether a specific non-compete clause is likely going to be enforced against you or not. Your question requires too specific an answer than can be given on a general... View More

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