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I am facing a charge of being a felon in possession of firearms. The only evidence is a one-page typed police report stating that I consented to a search, but I did not actually give consent. A gun was found in the center console of a borrowed truck. The officer involved in my case is deceased, and... View More 
answered on May 14, 2025
Generally the witness must be present to testify as to what they saw, said, or heard. Otherwise it is considered hearsay and hearsay is generally excluded from evidence. However, there are many exceptions where hearsay can be submitted into evidence if it meets the criteria for the exception.... View More
In Nebraska, is it legal for a convicted felon to possess and transport throwing knives for sporting purposes? Specifically, I assembled a standing target with a friend and practiced throwing knives, transporting them stored in a box on the floor of my truck with the target in the truck bed.... View More
answered on Apr 5, 2025
There is an argument either way on this one.
The statute has exceptions for things like archery equipment for lawful purposes and hunting/fishing equipment when used for those purposes and the person has the appropriate Nebraska permit for hunting/fishing consistent with the equipment.... View More
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
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
I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More
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answered on Mar 6, 2025
If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More
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
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answered on Mar 3, 2025
Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More
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
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... View More
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
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
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
answered on Mar 27, 2025
There is no law that says once you have it in text, you've proven your case. The other party still has the ability to challenge the allegation.
However, additional evidence like this should be forwarded to law enforcement. It may be enough for charges to be filed or to lead law... View More
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
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
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?
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
Two 20-life charges how much time will I have to do
answered on Jan 20, 2025
He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More
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
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
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
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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
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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
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
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
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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... View More
Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More
answered on Mar 24, 2024
The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More
Shouldn't that person be arrested just for leaving?
answered on Feb 19, 2024
If you believe you have information that may be helpful to law enforcement for an open investigation, you can contact that agency's non-emergency line. A detective will contact you back if they are seeking the information you have to share.
Why law enforcement acted or didn't... View More
door and I threw my phone and it accidentally called 911 and the cops showed up and she pushed me down but I accidentally pushed her off of me by the throat cuz she knocked me down butI got scared and ran so they had a warrant for my arrest and I was put in jail for 7 days and someone paid the bond... View More
answered on Jan 2, 2024
You should contact a criminal defense attorney. If there is also a custody dispute, then you may also need to file a custody action or a custody modification action. It doesn't sound like this last exchange was very positive for you or the children. Going forward, you may need to have your... View More
My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy
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answered on Dec 23, 2023
In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal... View More
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