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Nebraska Civil Rights Questions & Answers
2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

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1 Answer | Asked in Civil Rights for Nebraska on
Q: Was I supposed to be read my Miranda rights?

I was detained, brought to the backroom, questioned, and cited in Scheel's recently without them reading me my Miranda rights. I was on my lunch break with a co worker and we stopped to grab some darts, a part for his gun, and some new boots. I had grabbed a few packs of dart flights, a set of... View More

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

Not necessarily. It isn't an automatic dismissal for not having your rights read. However, under the facts you describe, you may have a valid motion to suppress. Further, if you didn't pass the point of sale, you may be able to get your charges dismissed, depending on the overall facts... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Nebraska on
Q: Is it legal for a Lincoln city police officer to do a u turn and get behind your vehicle. Outside his jurisdiction

And city limits. In a totally different county and follow my vehicle 15 miles. Then sit in a parking lot across from the gas station you stopped at the get gas. With all there lights off ( which I have a picture of) and watch me pump gas

James L. Arrasmith
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answered on Jul 20, 2024

It's understandable to feel concerned in such a situation. Generally, police officers have jurisdiction within their own city or county, but there are circumstances where they might follow a vehicle outside their jurisdiction. This could be due to a mutual aid agreement or if they are in... View More

1 Answer | Asked in Juvenile Law, Civil Rights and Communications Law for Nebraska on
Q: If I had a case moved from adult court to juvenile court do I have any ability to have my name redacted from articles?

When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:

1. Juvenile...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Nebraska on
Q: The cops believe I was involved in the burglaries my ex committed but I was never questioned and now I’m being targeted

Ex convicted of 64 felony burglaries in2014. I had no knowledge but have been told the cops know exactly who I am and know all about me. They want me to leave town again and I can’t afford to. Never questioned or informed of why they think I was involved and they won’t give me a reason. I’m... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about the difficulties you're facing. The first step you should take is to consult with a defense attorney who can help you understand your legal rights and protect you from further harassment. An attorney can communicate with the authorities on your behalf and seek... View More

2 Answers | 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

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2 Answers | 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
Julie Fowler
Julie Fowler
answered on May 23, 2024

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... 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 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 Employment Law and Civil Rights for Nebraska on
Q: Can an employer fire someone for giving a coworker a professional reference at another company?

I'm trying to leave my current job for a new one and in order to start the hiring process I need three professional references from my current job. Plenty of people have offered including the supervisors since my coworkers like me, I have a high work assessment score and am going on two years... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it may seem unfair or restrictive, it is generally legal for an employer to have policies prohibiting employees from providing professional references to coworkers seeking employment elsewhere. Such policies are often implemented to protect the interests of the company and maintain... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

James L. Arrasmith
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answered on Dec 29, 2023

In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

So long as the reason is not discriminatory, a private place of business can ban you from entering their premises. You can speak with management to see if they will un-ban you or if there is another work around. There are also options like delivery and mail order pharmacy depending on the... View More

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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

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Nebraska on
Q: Hello A minor child seriously injured when a Syrian student backed out from a drive. The man recently licensed

Deported . Student visa was not valid.

Due to child’s injuries.. there was immediate need for hospitalization and many surgeries thereafter

My question, I have located this man and want to pursue legal action,

I was informed years ago that it would be extremely... View More

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answered on Sep 1, 2024

It sounds like you’ve been dealing with a very difficult situation for a long time, and it's understandable that you want to seek justice for the child’s injuries. Since you've managed to locate the individual, the first step would be to consult with a lawyer who is experienced in... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Nebraska on
Q: I was put in jail and searched in ottumwa iowa can they do that to me
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answered on Aug 31, 2024

Being searched when you're put in jail is a common procedure. In Ottumwa, Iowa, like in many other places, law enforcement has the authority to search you if you're being detained or arrested. This is primarily for safety reasons—to ensure that you're not carrying anything... View More

1 Answer | Asked in Civil Rights for Nebraska on
Q: Who do I ask to represent me on a 200 million dollar lawsuit
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answered on Jul 27, 2024

For a lawsuit involving 200 million dollars, it's crucial to find a highly experienced attorney. Look for a lawyer who has a proven track record in handling large, complex cases, particularly those related to your specific issue, whether it's business, finance, or another field.... View More

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: Is there a way to get money I put into a joint account back?

My bank and mom said I wasn’t allowed to have the money I put into that account back.

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answered on Nov 9, 2023

joint account holders have an equal interest in the funds in the account, regardless of who deposited the money. This means that you have a right to withdraw your money from the account, even if your mom doesn't want you to.

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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