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?
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.
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.
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.
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
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... Read more »
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... Read more »
answered on Mar 28, 2022
If this is due to a criminal charge, you should retain a criminal defense attorney.
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.
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... Read more »
They are a suspect for without parent consent or having a lawyer present?
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.
Does that make a difference? I don't want to end up back in federal prison for a air rifle.can you please help
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.
Is it illegal for someone who is 18 and a ward of the State of Nebraska to run away from their foster placement if they aren't on probation and have no criminal cases pending? Especially if they deciced to run to a different state? Could anything be done once they cross that boundary into... Read more »
answered on Jan 6, 2022
If a child is in foster care and runs away, the State generally has an obligation to make attempts to retrieve the child and then often has additional restrictions placed on the child so the child doesn't run away again. Encouraging or assisting a child to run away can be charged as a crime.
Was his 4th amendment right violated
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... Read more »
I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg
answered on Jun 18, 2021
A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... Read more »
answered on Jun 18, 2021
Was there a search warrant? If so, then this was very likely lawful.
answered on Jun 18, 2021
He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.
The teacher is being investigated by the police, he has resigned and admitted to his wrongdoing. Charges have not been filed yet.
answered on Mar 9, 2021
Maybe. Contact an attorney to assist with the case. This could potentially be a service offered or a term of a settlement agreement.
answered on Mar 2, 2021
At least in Nebraska, once diversion is completed, the charge is dismissed and the file sealed. Thus, generally the charge and the diversion completion won't show on a standard criminal background check.
victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... Read more »
answered on Feb 17, 2021
I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.
https://www.identitytheft.gov/steps
answered on Jan 6, 2021
Yes. May do. It is not uncommon for a defendant to "assign" the bond money to their criminal defense attorney as part of the fee agreement for services.
They want to drop the charge from possession to attempted possession of a controlled substance Also drop the paraphernalia charge totally. And keep the shoplifting charge.
answered on Jan 4, 2021
An "attempt" offense is generally a lesser offense that can still be supported by the same general facts. These are often used as part of plea offer as "attempt" offenses often carry a lesser minimum/maximum sentencing range than the offense itself. Thus, the prosecutor may... Read more »
My brother was out on bond on a felony charge, and forgot to appear in court. He has never done this before. Court was at 930 am. He was arrested at 2:00 pm for failure to appear. I read ne rev statute 29-908, and it says you have 3 days to surrender yourself before being charged. Would that apply... Read more »
answered on Dec 7, 2020
You can be arrested for a failure to appear warrant even if you missed a court date less than 3 days ago.
To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... Read more »
answered on Oct 27, 2020
I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.
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