Lawyers, Answer Questions  & Get Points Log In
Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: Am I able to call law enforcement to take off my missing persons report

I am 16 about to be 17 and I recently ran away from home and I have been keeping contact with my mom and she knows where I've been at but still doesn't want to take off my missing persons report, I have her consent and proof of it but she still tries to force me home.

Julie Fowler
Julie Fowler answered on May 23, 2020

A parent can contact law enforcement when their child is a runaway. Often a child is still considered a runaway even if the parent knows where the child is but can't get the child back to the parent's home. A person who is harboring a runaway can have criminal charges brought against... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was faslaccused of false reporting and settiing up my ex boyfriend. My door was broken into and our snake was missing.

I was accused of breaking my own door and was accused of having the snake here thr whole time when it wasnt. Then it magically appeared in my place in a toy box. I'm being charge with false reporting and trying to set my ex up when I was telling the truth. He claims my stories dont match up... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

If you need assistance in defending against a criminal charge, you should request a public defender or hire a criminal defense attorney to assist you. From the facts you describe, you may have a good defense against the charge.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I am a Canadian and I tried crossing the border into the US and after finger printing, security asked me about

an incident from 1978 in which I was detained in Omaha, Nebraska and the following day I was released with no charges, not arrested, they gave me no paperwork. Now customs are asking for paperwork to show there were no arrest or charges. I googled my name and shows no arrests ever, how do I get... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

Have you tried obtaining a copy of your criminal history report?

https://www.nebraska.gov/apps-nsp-limited-criminal/

If you need more info than the basic background report, there is a "help section" on the above website that tells you how to request the more detailed...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: Can a law enforcement officer call and question a 12 year old on her phone without permission for an adult
Julie Fowler
Julie Fowler answered on Apr 7, 2020

It is common, especially in child abuse or neglect allegations, for a child to be questioned without permission from the parent. Whether it was appropriate in a specific case depends on the overall facts of the case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My son is in jail in Douglas County he shot a gun in the house. The charges are Fire arm to commit,a felony, terrorit,

are you in Nebraska he had a prior conviction,10 yrs ago, not a gun name is Richard Terkeurst, age 36, wife and children were in the room, says 10, thousand bond

Julie Fowler
Julie Fowler answered on Apr 7, 2020

You should take your question down. You would not want to post such specific details about a person on a general message board like this.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What is the cost if securing an attorney?
Julie Fowler
Julie Fowler answered on Apr 7, 2020

The cost of securing an attorney depends on many factors. For a criminal case, the cost is largely dependent on the seriousness of the charge and the likelihood that the matter will go to trial.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have been charged with first degree sexual assault on a minor child and was basically tricked into a plea deal because

My attorney did not fully look at the evidence prior to starting the facts of the dna results he said I better take the plea deal to limit the exposure to prison. Come to find out the results were not conclusive and stuck with the plea and sentencing on March 31st any thing I can do to get out of... Read more »

Julie Fowler
Julie Fowler answered on Mar 16, 2020

Not sure from the wording of your questions. If you haven't entered your plea yet, you don't need to go forward with pleading to something you don't want to plead to on 3/31. You can let your attorney know that you don't plan to enter the plea and want to go forward with... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: My dad gets prescription medication from a friend when he runs out, but they're the same dosage and type.

My dad had been prescribed an opioid for a few years now. Recently, when he runs out, most of the time he gets some from a friend who is also prescribed it, instead of making a call and/or revisiting his doctor. I feel like it is something he should not be doing. What all can happen from this type... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Having or taking prescription medication that is prescribed to another can result in serious criminal charges. Depending on the medication and facts of the case, it can result in a felony charge and jail/prison time.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Faceing charges 28-1206 1D and 28-416 class 4 what kind of punishment will I get? Prison time and any outcome
Julie Fowler
Julie Fowler answered on Feb 24, 2020

A class ID felony has a mandatory minimum of three years and maximum of 50 years imprisonment. Depending on the facts of the case, the charges could be reduced or dismissed. If you have a criminal case pending, you need to speak with your criminal defense attorney or public defender for advice at... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is there another way to serve 1D felony prison sentence other than prison
Julie Fowler
Julie Fowler answered on Feb 24, 2020

Class ID felonies include a 3 year mandatory minimum prison sentence.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My handgun was found during a raid. It wasnt used in any crimes. prosecutor wont release my gun. How do i get it back.

gun wasnt used for any crimes but the prosecutor wont answer phone calls, emails or requests from evidence techs to release the gun to me.

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If a handgun was used in the commission of a crime, it will generally be destroyed. If a hand gun is part of evidence, it can be returned by court order after the case has resolved. Like other evidence, it will generally be held until that time.

The Nebraska statutes state: Firearms...
Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: What would a judge say if we were to go to court

My daughter of 15 has ran away 3 different times she doesn’t show up to school. She was also found with marijuana

Julie Fowler
Julie Fowler answered on Feb 24, 2020

It depends on the judge, the type of case, and overall facts. If a child is struggling, it may be time to get experts involved to help assist. This could include the school counselor, Boys Town, or many other potential services.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What criminal charges can be filed if a 19 year old goes to a party gets drunk and kills self and they dump his body
Julie Fowler
Julie Fowler answered on Feb 24, 2020

If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Wrongful Death and Criminal Law for Nebraska on
Q: In Nebraska if a person age 19 gets drunk at a party and accidentally shoots himself with a gun of an adult at party no

One calls 911 instead they dump his body what can they be charged with they provided gun and alcohol

Julie Fowler
Julie Fowler answered on Feb 24, 2020

What you are describing is an extremely serious matter. If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Criminal Law for Nebraska on
Q: A 19 year old at a party gets drunk and shoots himself with someone at party’s gun they dump his body burn their clothe

Scene what can they be charged with everyone was under 21 but one person the 21 year old brought the gun

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Criminal Law for Nebraska on
Q: How can I be cited for procuring but she doesn’t get an MIP?

My step sister took a picture with my alcohol bottle (at our house) while I was in the bathroom and I’m getting procuring to a minor. She is 12. I’m 21. I live at their house as much as I live at my moms. I don’t understand why I am getting cited for this and she isn’t getting in any... Read more »

Julie Fowler
Julie Fowler answered on Feb 5, 2020

An element of the crime does not include that the minor must also be prosecuted for a crime.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My probation officer wants to revoke my probation and I want to stay on probation. Is this possible?

18 months total. 9 months good. 2 months of sanctions and jail time. Dedicated to finish the remaining 7 clean and sober. No more testing dirty.

Julie Fowler
Julie Fowler answered on Feb 5, 2020

It is possible for a motion to revoke probation to be filed and the Court to ultimately decide that continuing probation is appropriate. Sometimes the Court will add on additional terms or additional time to the probation in order to reinstate the probation.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I need a pro bono attorney like immediately on a felony arson case

I'm innocentand I need help on this I'm standing up for myself and I'm scared to death there's so much more to this case than just an arson charge it's what led up to it

Julie Fowler
Julie Fowler answered on Jan 30, 2020

If you are unable to afford an attorney and wanting an attorney to represent you for free (pro bono) in a felony case, you should contact the public defender's office as you are have a right to a court-appointed attorney to assist you.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My daughter is 17 and possibly pregnant by a guy in his 30s can i have him arrested for sex with a minor?
Julie Fowler
Julie Fowler answered on Jan 21, 2020

Even if a child is too old to be a victim of statutory rape, charges can be brought for contributing to the delinquency of a minor or similar charges. If you believe your child is a victim of such, you would want to contact the non-emergency law enforcement line and request to file a police... Read more »

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for Nebraska on
Q: I am a white man from Omaha, who was recently threatened to be killed with a machete or corn knife by a black man.

He lunged at me and started to swing the machete in a menacing manner while saying “I’m going to kill you.” If I understand the NEBRASKA laws correctly this is the crime of a terroristic threat and additionally, very likely a hate crime. What procedure should I follow in regards to this incident?

Julie Fowler
Julie Fowler answered on Jan 6, 2020

Terrorist threats is a crime. You can call the non-emergency law enforcement phone number and request to make a report. It would then be up to the county attorney whether to file criminal charges based on that report or not.

If you are in fear that this person may come after you, can may...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.