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Nebraska Questions & Answers
1 Answer | Asked in Public Benefits and Criminal Law for Nebraska on
Q: How can we obtain Medicaid and assistance in Nebraska despite a criminal record?

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

Julie Fowler
Julie Fowler
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

2 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for Nebraska on
Q: Is a text message enough proof for vandalism?

I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More

Chad Wythers
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Chad Wythers
answered on Mar 2, 2025

The answer to your question depends upon whether the text message from the purported vandal constitutes "probable cause" to believe the person committed a crime. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is... View More

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1 Answer | Asked in Criminal Law, Health Care Law and Personal Injury for Nebraska on
Q: Is it legal to arrest a person with brain injury for a recorded threat under medication-induced psychosis?

I have a query about a situation where a person with a traumatic brain injury, diagnosed with chronic traumatic encephalopathy (CTE), left a recorded voice message that was interpreted as a threat. They went to bed afterward and were arrested the next day. This person has had previous interactions... View More

Chad Wythers
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Chad Wythers
answered on Feb 25, 2025

It is unfortunate that person was arrested, but the standard for arrest is simply probable cause that a crime occurred. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. A person commits the crime of... View More

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for Nebraska on
Q: Will insurance cover storage fees for towed vehicle in accident with uninsured driver?

I've been involved in an accident where my vehicle was towed to a nearby towing company's yard, and it's been there for nearly a week. The other driver was at fault but is uninsured. My vehicle has comprehensive coverage, and I've contacted my insurance, but I haven't... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2025

A Nebraska attorney could advise best, but your question remains open for a week. I'm sorry about your accident. More information is needed about your coverage and the position of your insurance carrier. If the policy covers collision, it is likely that costs associated with repairs are also... View More

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3 Answers | Asked in Business Formation, Business Law, Tax Law and Real Estate Law for Nebraska on
Q: Benefits of transferring rental property to LLC for tax purposes

I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2025

Have you tried reaching out to the Nebraska Business Development Center through the University of Nebraska? You can request a free consultation to learn more about business planning and development:... View More

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2 Answers | Asked in Family Law and Real Estate Law for Nebraska on
Q: Rights to $100,000 pre-marital equity in new house division?

I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Feb 15, 2025

Well, it depends. Did your spouse contribute to increasing the home value? Pay for renovations? Did marital money (any income earned by either spouse in marriage) get spent to increase value or pay on mortgage? What is the total monies in marital estate and money available to both sides? Are there... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Chad Wythers
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Chad Wythers
answered on Mar 2, 2025

I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.

Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an...
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1 Answer | Asked in Communications Law for Nebraska on
Q: Can I request 911 records in Nebraska? If so how do I?

Records of 911 calls in Furnas County, Nebraska

Julie Fowler
Julie Fowler
answered on Feb 17, 2025

If you have a court case pending where the records are relevant, you can subpoena the records as part of the case.

1 Answer | Asked in Personal Injury for Nebraska on
Q: IF THE PLANTIFF DIES BEFORE SETTLEMENT CAN PERSONAL RESPRESENTATIVE FROM LAST WILL AND TESTAMENT CONTINUE WITH CASE

PERSON HAS A CLAIM FILED AGAIST BARD HERNIA MESH LAWSUIT, IF THE PLANTIFF DIES BEFORE SETTLEMENT CAN PERSONAL RESPRESENTATIVE FROM LAST WILL AND TESTAMENT CONTINUE WITH CASE

Julie Fowler
Julie Fowler
answered on Feb 17, 2025

I'm not sure about your specific case, but generally, yes, an action can continue with the personal representative of the estate moving forward with the action if the type of action survives the party's death.

1 Answer | Asked in Immigration Law and Civil Rights for Nebraska on
Q: What are my options after filing a motion to reopen and reconsider with the bia what are my options what can I be doing

Filed an motion reopen and reconsider was told final order for deporting has been submitted and listed for the next flight what are my options I need help finding a pro bono attorney to review the case I really really desperately need help

James L. Arrasmith
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answered on Jan 28, 2025

Filing a motion to reopen and reconsider with the BIA is a crucial step, but it does not automatically stop deportation. If your final removal order has been submitted and you're scheduled for the next flight, you need to act fast. You may request an emergency stay of removal with the BIA or... View More

2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: My kids are 37 and 31 yrs old. My question is, is it at all possible to have my child support terminated?
Julie Fowler
Julie Fowler
answered on Jan 27, 2025

Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: My question is about probable cause

If someone is arrested on a warrant for auto theft and drugs are found on them, but the auto theft charge is dismissed because he didn't commit the crime, did the police have probable cause to search him?

Julie Fowler
Julie Fowler
answered on Jan 22, 2025

It would still be possible to have probable cause even if the related charge was ultimately dismissed. You would have to look at the overall factors. Potentially probable cause could still exist. The defendant would want to review and discuss with the criminal defense attorney a possible motion... View More

2 Answers | Asked in Family Law for Nebraska on
Q: What does it cost to get legal custody of a mentally challenged person in garden county Oshkosh Ne?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 21, 2025

Your best bet to get this question answered would be to schedule a confidential consultation with an attorney who regularly handles guardianship in the location in question. How much a court case costs depends on a number of factors, including whether anyone is likely to contest the matter;... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: The police seized my phone and computer. Is there any way I can speed up the process of getting my stuff back?

I overdosed on pills and my roommate found me and called 911. When the police arrived, my roommate told them I acquired the pills online. They searched my room and seized my computer, all my accessories, and my phone. The sheriff called me asking for the passwords to the devices but I declined to... View More

Julie Fowler
Julie Fowler
answered on Jan 22, 2025

Potentially yes. There may likely be a few options depending on your situation. You need to speak with a criminal defense attorney about your best options.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is the private sale of a firearm a federal crime in Nebraska?
Julie Fowler
Julie Fowler
answered on Jan 20, 2025

No, so long as you otherwise follow the rules and regulations for buyers and purchasers of firearms.

1 Answer | Asked in Family Law for Nebraska on
Q: I being wrong fully accused of touching my step daughter
Julie Fowler
Julie Fowler
answered on Jan 20, 2025

You should contact a criminal defense attorney. They can review the allegations with you and help you best build your case to defend against the allegations.

If you also now facing a divorce case with your wife, you should also contact a divorce attorney. Allegations of abuse can affect...
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1 Answer | Asked in Criminal Law for Nebraska on
Q: I was accused of shoplifting I didn't take anything out of the store. I have never been in a situation like this. Help

I was initially doordashing my app glitched I had to uninstall and reinstall during that time a store employee accused me of shoplifting. I gave them the door dash bag. They asked for my id I had to go to my car to get it. Came back in the took me to a security office and said they were waiting for... View More

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If your defense against the shoplifting charge is that you were picking up the items due to being assigned to do so for someone via an app, such as Door Dash, then you need to get the records from Door Dash to show that there was an order for the items assigned to you. Even if you no longer have... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Looking for a lawyer to represent myself a tenant in apartment complex I am disabled? Have all paperwork just need repre
Julie Fowler
Julie Fowler
answered on Jan 20, 2025

Legal Aid put together a Handbook a few years ago to help out landlords and tenants that are representing themselves or looking for more information and resources. Some of the information is now a little dated but it is still a good place to start for information or contacts for help.... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Nebraska on
Q: My question involves harassment I am receiving from my landlord. For 2 years this has been going on now accusing me of I

Also they aloud a other tenat to jump me cuss me for hate on me for over a year *. I have so many notes- times- texts dates that I don't even say a word cause I realize they want me gone? Do I need a lawyer?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2025

It sounds like you’re going through a very difficult and frustrating situation, and it’s understandable that you’re feeling overwhelmed. Harassment from a landlord and ongoing issues with another tenant can make your living environment feel hostile and unsafe. Keeping detailed records of... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: How to get dog back on protection order even know the pet did not resign on the property of the petitioner

What form(s) to file

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

In Nebraska, the protection order can include a pet. Once you are served with the protection order, you need to promptly file a request for hearing. At the hearing, you can present your evidence regarding your ownership of the pet and ask for the pet to be returned, along with otherwise refuting... View More

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